Regular Session - February 9, 2004
385
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 9, 2004
3:12 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us this
afternoon to give the invocation is Rabbi
Nachman Simon, from Chabad-Lubavitch of the
Capital District in Delmar.
RABBI SIMON: This past Saturday
was the Jewish holiday of Tu B'Shvat, the New
Year for Trees.
It says in the Bible that man is
likened to a tree of the field. There are
many comparisons that we can make between a
human being to a tree. A tree must have
strong roots in order to withstand storms. If
the roots are weak and shallow, then any
blustery wind will uproot the tree.
This is a lesson for us in New York
State to know, that our roots and traditions
of leadership and goodness, our strong belief
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in God in the Empire State, goes back hundreds
of years, that we will be able to withstand
any harsh situations or circumstances,
whatever they may be.
Another idea about trees is that as
tall and beautiful that a tree may be, that it
still hasn't reached its fullest goal and
potential. The tree has to grow fruits in
order that others can benefit from them, and
also be able to reproduce other trees like
them.
Again, this is an incredible lesson
for us all. As much as we have achieved and
accomplished here in New York, it still isn't
enough. It's most important to bear fruit, or
to help others benefit from our goodness.
And also, we always have to
remember that as great as the past has been,
and also the wonderful things we are in the
midst of accomplishing, we should constantly
look towards the future in order that future
generations will have the same or even better
opportunities than we have had.
May it be the will of the Almighty
that He help us to achieve greatness for
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ourselves and the people of New York by
leading the people forward to new heights, and
rooted in our past but always looking towards
the future. And may we accomplish all this
with good health and a happy heart.
And let us all say amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, February 8, the Senate met pursuant to
adjournment. The Journal of Saturday,
February 7, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Volker,
from the Committee on Codes, reports the
following bills:
Senate Print 59, by Senator Alesi,
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an act to amend the Penal Law;
422, by Senator Bonacic, an act to
amend the Penal Law;
508, by Senator Maziarz, an act to
amend the Penal Law;
514, by Senator Balboni, an act to
amend the Civil Practice Law and Rules;
561, by Senator Maziarz, an act to
amend the Penal Law;
608B, by Senator Volker, an act to
amend the Penal Law;
662A, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
664, by Senator Volker, an act to
amend the Penal Law and the Vehicle and
Traffic Law;
685, by Senator Padavan, an act to
amend the Penal Law;
763, by Senator Marcellino, an act
to amend the Penal Law;
1653, by Senator Leibell, an act to
amend the Penal Law;
1681, by Senator Rath, an act to
amend the Penal Law;
3962, by Senator Golden, an act to
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amend the Penal Law;
4324, by Senator Kuhl, an act to
amend the Civil Practice Law and Rules;
5425A, by Senator Golden, an act to
amend the Penal Law;
5872, by Senator Golden, an act to
amend the Penal Law;
And Senate Print 5991, by Senator
Volker, an act to amend the Civil Practice Law
and Rules.
All bills ordered direct to third
reading.
THE PRESIDENT: All bills ordered
direct to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Wright.
SENATOR WRIGHT: Thank you, Madam
President.
I move that the following bills be
discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause: Senate 1353 and Senate
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5602.
THE PRESIDENT: So ordered,
Senator.
SENATOR WRIGHT: On behalf of
Senator Golden, Madam President, I move to
commit Senate Print Number 2222, Calendar
Number 206 on the order of third reading, to
the Committee on Finance.
THE PRESIDENT: So ordered.
SENATOR WRIGHT: Thank you.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
On behalf of Senator Balboni, on
page number 7 I offer the following amendments
to Calendar Number 83, Senate Print Number
517, and ask that said bill retain its place
on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Spano, on page
number 9 I offer the following amendments to
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Calendar Number 105, Senate Print Number
2989A, and ask that said bill retain its place
on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Skelos, on
page number 13 I offer the following
amendments to Calendar Number 148, Senate
Print Number 1023A, and ask that said bill
retain its place on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FUSCHILLO: Madam
President, on behalf of Senator Marchi, on
page number 17 I offer the following
amendments to Calendar Number 199, Senate
Print Number 1884, and ask that said bill
retain its place on Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
Senator Skelos.
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SENATOR SKELOS: Madam President,
I believe there are substitutions at the desk.
If we could make them at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 10,
Senator LaValle moves to discharge, from the
Committee on Investigations and Government
Operations, Assembly Bill Number 4421B and
substitute it for the identical Senate Bill
Number 2027B, Third Reading Calendar 123.
And on page 15, Senator Hoffmann
moves to discharge, from the Committee on
Agriculture, Assembly Bill Number 380 and
substitute it for the identical Senate Bill
Number 177, Third Reading Calendar 172.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
at 3:25 there will be a meeting of the Civil
Service and Pensions Committee in the Majority
Conference Room.
THE PRESIDENT: There will be a
meeting at 3:25 of the Civil Service and
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Pensions Committee in the Majority Conference
Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there are three privileged
resolutions at the desk by Senator Nozzolio.
If we could have all three titles read, move
for their immediate adoption, and then
recognize Senator Nozzolio.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Nozzolio, Legislative Resolution Number 3420,
congratulating the Victor Blue Devils Girls
Volleyball Team and Head Coach Shelly Collins
upon the occasion of capturing the New York
State Public High School Class B Championship.
By Senator Nozzolio, Legislative
Resolution Number 3421, congratulating the
Victor Blue Devils Boys Volleyball Team and
Head Coach Frank Clark upon the occasion of
capturing the Section V Class B Regional State
Championship.
And by Senator Nozzolio,
Legislative Resolution Number 3422,
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congratulating student athlete Kyle Heath upon
his designation as Section V Class B State
Cross-Country Champion.
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President. On the resolutions.
THE PRESIDENT: You may proceed.
SENATOR NOZZOLIO: Madam
President and my colleagues, we're taking up
three resolutions in recognition of the
extraordinary excellence demonstrated by the
Victor High School athletic program.
Not only do we have the boys and
girls volleyball champions with us today
viewing the proceedings, we also have one of
the cross-country stars of this state, who
last fall -- Kyle Heath is a cross-country
runner; the Victor boys team and Victor girls
volleyball teams each winning state
championships.
My condolences to Senator Kuhl,
where the girls had beaten Corning East High.
Condolences to Senator Stachowski, where East
Eden High School was defeated. And, Senator
Alesi, it was nice that Mark Stevens of
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Pittsford Sutherland was able to come in
second to Kyle Heath.
We hear so much today about young
people who have gone off-track, who have not
performed to their talents and capabilities,
who may have gotten in trouble. Just simply
watch the nightly news, and we hear time and
time again of those types of sad stories.
This story is a success story of
unprecedented proportion. It's a success
story where not just wonderful athletes
coached by dedicated individuals performed at
the highest levels of competition
successfully, but we also have great community
leaders, young people who have, together,
sustained academic averages above 90 for each
of the two teams, as well as the boys
cross-country team. So that's three fall
sports where their scholastic averages as a
team exceed 90 grade-point average. That is
an outstanding achievement.
To couple that academic
accomplishment with winning state titles is
something certainly noteworthy. And my hat's
off to, beginning with the superintendent of
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schools, Tim McElhern; Yvonne O'Shea, who's
Victor High School principal; Mike Vistocco,
who is business administrator; Linda Dunsmoor,
director of community relations; and Ron
Whitcomb, who is athletic director -- along
with the boys volleyball coach, Frank Clark,
who's head coach, and Freeman Fessler,
assistant coach; Shelly Collins, who has given
great coaching to the girls volleyball team;
and Belinda O'Brien, the cross-country coach.
Each are here today sharing the
success of these wonderful student athletes
and community leaders.
It's not what you perform on the
athletic field of competition that counts, but
certainly that success is what we're
recognizing today. We're also giving equal
recognition to the outstanding academic
achievements of these wonderful student
athletes, that you are exemplary role models,
you are our future leaders in our community.
We hope that each and every one of
you going on to school will have opportunities
to come back to the Victor community, the
Greater Rochester region, Ontario County, to
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serve and support this wonderful program that
you have helped establish at Victor High
School.
It is an honor to represent Victor,
primarily because of these great young people
and all the wonderful young people that they
represent. I'm wearing blue and gold today,
the colors of the Victor Blue Devils. I'm
very proud of their accomplishments.
And, Madam President, I thank you
and this body for recognizing those wonderful
achievements in our young people of New York
State.
THE PRESIDENT: Thank you,
Senator.
The question is on the resolutions.
All in favor of the resolutions please signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolutions
are adopted.
Congratulations and continued best
wishes for similar success down the road.
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Have a great celebration.
(Applause.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial reading
of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
47, by Senator Velella, Senate Print 5555, an
act to amend the Criminal Procedure Law and
the Penal Law, in relation to aggravated
criminal conduct.
THE PRESIDENT: Read the last
section.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
126, by Senator Libous, Senate Print 5727A, an
act to amend the Alcoholic Beverage Control
Law, in relation to increasing the number of
days in a payment period.
THE PRESIDENT: Read the last
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section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
132, by Senator Velella, Senate Print 99, an
act to amend the Penal Law, in relation to
multiple convictions for the criminal sale of
marijuana.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
136, by Senator Skelos, Senate Print 277, an
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act to amend the Penal Law, in relation to
failure to report a sexual assault of a child.
THE PRESIDENT: Read the last
section.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
139, by Senator Skelos, Senate Print 552, an
act to amend the Criminal Procedure Law, in
relation to limiting plea bargaining for
sexual offenders.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
143, by Senator Robach, Senate Print 1206, an
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act to amend the Penal Law, in relation to
consecutive sentences for sexual offenders on
probation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
163, by Senator Alesi, Senate Print 120A, an
act to amend the Correction Law, in relation
to the penalty for a sex offender submitting
fraudulent information.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
403
1. Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
164, by Senator Skelos, Senate Print 1016, an
act to amend the Correction Law, in relation
to the failure to register or verify.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
165, by Senator Skelos, Senate Print 3925, an
act to amend the Correction Law, in relation
to requiring registered sex offenders to
personally appear.
THE PRESIDENT: Read the last
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section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
166, by Senator Skelos, Senate Print 4007A, an
act to amend the Correction Law, in relation
to the registration of sex offenders.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
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THE SECRETARY: Calendar Number
167, by Senator Skelos, Senate Print 4168, an
act to amend the Correction Law, in relation
to the registration of sex offenders.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
168, by Senator Skelos, Senate Print 4455, an
act to amend the Correction Law, in relation
to the duty of sexual offenders to annually
verify their address.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
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(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
171, by Senator Nozzolio, Senate Print 5985,
an act to amend the Correction Law, in
relation to information disseminated on Level
One, Two and Three sex offenders.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Nozzolio,
to explain your vote.
SENATOR NOZZOLIO: Thank you,
Madam President. I ask unanimous consent to
refrain from voting in order to explain my
vote.
My colleagues, we have just enacted
four -- five measures which strengthen our
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original efforts to ensure that our
communities are safe from sexual predators.
Those measures enacted by this house today
require law enforcement to inform communities
when any level convicted sex offender moves
into their neighborhood.
Those measures I wish to bring to
your attention as our efforts are ever
increasing to ensure that New York's streets
in every community of our state are free of
sexual predators. That one needs only to look
on the news, as we saw this last weekend,
where sexual predators, even in the eye of
watchful cameras, are unfortunately preying on
young people of this nation.
I wish to give special thanks to
three of my constituents who have traveled,
who have worked, who have brought public
attention additionally to needs of Megan's Law
changes. Denise Baylor, of Shortsville;
Stephanie Ganoe, of Canandaigua; and Janet
Schumann, of Macedon, have brought to our
attention additional aspects of Megan's Law
that need strengthening.
Senator Skelos, the original
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sponsor of Megan's Law, is to be thanked for
his continuing vigilance in fighting to ensure
that this law, this series of laws in New York
State are the toughest that we have. And
that, Senator Skelos, I thank you for your
continued efforts in this very important
endeavor.
As chairman of the Crime Victims,
Crime and Corrections Committee, I can tell
you that I thank the members of this house for
doing all we can to make Megan's Law a strong
law, a good law, and a law that protects our
children in every neighborhood of this state.
Thank you, Madam Chairman -- Madam
President, and it is my hope that our energy
will be focused now on the Assembly, which
continues to drag its feet on these important
measures.
Thank you, Madam Chairman.
THE PRESIDENT: Senator, you will
be recorded as voting in the affirmative on
this bill.
SENATOR NOZZOLIO: Thank you.
THE PRESIDENT: Senator Hoffmann,
to explain your vote.
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SENATOR HOFFMANN: Yes, thank
you, Madam President.
I too rise to support the prime
sponsors of all of these very important bills.
I commend Senator Skelos, Senator Nozzolio,
Senator Volker, and Senator Bruno with taking
the lead in dealing with the terrible problem
that we have of sex offenders not being
properly sentenced, in some cases not being
properly identified, and not always being
properly monitored upon release from prison.
I think a very, very important step
that we're taking today will prevent the
unfortunate plea bargaining of many
sex-offense crimes to a non-sex-offense crime.
And I have to tell you that it's
been my experience that some district
attorneys, out of a desire to protect the
innocence of a child who has been molested,
will sometimes plea bargain those crimes down
to a burglary or some other non-sex-offense
charge.
This does a tremendous disservice
to society. It may spare the child the
unfortunate experience of having to testify,
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but if that individual is sentenced on a
burglary charge, upon release we have no means
of tracking that individual as a perpetrator
of a sex offense. And we need that ability to
be able to ensure the future safety of other
children as well.
So this is a very, very significant
measure. This package of bills, in total, are
significant to protect the safety of young
people and of women victims across this state.
But there is one other measure that
I hope that we will be able to pass this year,
and I too call upon our friends in the
Assembly to take a new look at the issue of
civil commitment. Those sex offenders who
have served their time for their crime but are
still judged by clinical evaluation to present
a danger to society need to be kept in a
secure facility until such time as they are
safe upon release.
We simply do not have the resources
to assign parole officers to follow every
single individual who has committed a sex
offense. And there are many who, sadly,
indicate at the time they are about to be
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released that they are prepared to commit
those same crimes again.
We have to take this seriously. We
have to address our responsibility as a state
to find a way to protect the people of this
state who would be their victims.
So I hope that this is the year
that the Assembly will finally look favorably
on a civil commitment law for sex offenders as
well.
THE PRESIDENT: Senator Hoffmann,
you will be recorded as voting in the
affirmative on this bill.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 55. Nays,
2. Senators Hassell-Thompson and Montgomery
recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
180, by Member of the Assembly Sweeney,
Assembly --
THE PRESIDENT: Senator Skelos.
Excuse me.
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SENATOR SKELOS: Madam President,
if I could just interrupt for a moment, there
will be an immediate meeting of the Education
Committee in the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Education Committee
in the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
180, by Member of the Assembly Sweeney,
Assembly Print Number 9333, an act to amend
the Real Property Tax Law, in relation to
providing a tax exemption.
SENATOR LIZ KRUEGER: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
Senator Montgomery, why do you
rise?
SENATOR MONTGOMERY: Yes, Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar 132.
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THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Madam
President, I would like to request unanimous
consent to be recorded in the positive on 171.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the affirmative.
SENATOR HASSELL-THOMPSON: And in
the negative on 163.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative on that bill.
SENATOR HASSELL-THOMPSON: Thank
you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could now go to the controversial
reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
47, by Senator Velella, Senate Print 5555, an
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act to amend the Criminal Procedure Law and
the Penal Law, in relation to aggravated
criminal conduct.
SENATOR LIZ KRUEGER:
Explanation, please.
THE PRESIDENT: Senator Velella,
an explanation has been requested.
SENATOR VELELLA: Thank you,
Madam President.
This bill creates the crime of
aggravated criminal conduct, makes it a Class
E felony, which is an enhanced charge for
A misdemeanor offenses committed by habitual
misdemeanor and felony offenders.
Under the present New York State
law, a defendant may be convicted of an
unlimited number of misdemeanors and incur
little or no jail time for it.
Under this legislation, a defendant
who within ten years prior to the date of the
offense charged has been convicted of three
Class A misdemeanors, three felonies, or a
combination thereof within that ten-year
period, may be charged with the crime of
aggravated criminal conduct, which would be a
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Class E felony.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, on the bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR SCHNEIDERMAN: I'd like
to thank the sponsor for his explanation.
And I have voted for this bill in
the past. I will vote for it again today.
However, I note that this is a bill
that falls into our pattern of continually
passing one-house bills that pass Assembly
bills like ships in the night.
There has been some criticism of
the details of this legislation from the
Coalition for the Homeless and other advocates
who have expressed concerns that it may be
overbroad.
I think that one of the things that
has characterized this Legislature over the
last few years appears to be our inability to
reach agreement with the Assembly and move off
of the one-house bills that may make for good
416
press releases and may look good in our
newsletters but really don't get anything done
for the people of this state.
So while I support this
legislation, I would urge that some view
towards actually passing a two-house bill
should take precedence over any rigidity in
conforming this legislation to what we've
passed in previous years.
It's time to get something done in
this area, and I hope that we will be able to
actually move forward and draft something that
the Assembly can pass before the session is
out.
Thank you, Madam President.
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: On the bill,
Madam President.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR VELELLA: I would just
like to first thank Senator Schneiderman for
complimenting me on the bill and, secondly,
say that this is a Governor's program bill.
The intention of this bill is to
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stop the charade that has been going on in the
court system that allows misdemeanor after
misdemeanor to be charged against people, time
and time again, and they never get any kind of
serious punishment. It's treated too lightly.
I tell you, let's get the Assembly
to pass a bill which restricts the number of
misdemeanors that a person can get and be
sentenced to a jail time, and we will sit down
in a conference committee and iron out the
details.
I am sure that the intention of the
Governor is to stop people from committing 30
and 40 misdemeanors and never spending a day
in jail. And if the Assembly will make that
statement, we can arrive at a bill.
I urge you to talk to the Speaker
about it.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Senator Krueger, do you wish to be
heard on this bill?
SENATOR LIZ KRUEGER: Thank you,
Madam President, I do.
I was listening intently to the
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discussion between my colleagues Senator
Velella and Senator Schneiderman and the
problems of both houses of this Legislature
not coming to agreement. And Senator Velella
made the important point of saying when you
have a program bill from the Governor, we
should be calling conference committees and
getting things done and passing same-as bills.
And I have to say I couldn't agree
more. I wish we saw conference committees on
our budget reform bills, I wish we saw the
Governor proposing program bills on the
legislative reforms we ought to have in this
house and across the aisle in the Assembly, so
that there were a large number of important
pieces of legislation mattering to the State
of New York that both houses could proudly
say: We worked together, we sat down, we
worked out our differences, we were in
conference committees, we sat with the
Governor and got something done.
So I am hoping -- as you hope that
something will happen on this bill this year,
I'm hoping that we have a long list of issues,
particularly when it comes to the process of
419
the budget and the process by which we operate
in these two houses, that we will follow the
same model and accomplish something this year.
Thank you very much, Madam
President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
136, by Senator Skelos, Senate Print 277, an
act to amend the Penal Law, in relation to
failure to report a sexual assault of a child.
THE PRESIDENT: Senator Krueger.
SENATOR LIZ KRUEGER: Thank you
very much. I rise to speak on the bill, Madam
President.
420
THE PRESIDENT: You may proceed
on the bill.
SENATOR LIZ KRUEGER: Thank you.
While I will be voting for this
bill, Senator Skelos, I need to point out that
we have passed a series of sex assault bills
today and bills on reporting incidents of sex
assault for children. And I am so
disappointed that what we are not doing today
as part of this theme day, as Senator Nozzolio
mentioned earlier and Senator Hoffmann
mentioned earlier, that what we are not doing
today is a clergy reporting bill, which is a
bill that too reference --
THE PRESIDENT: Excuse me,
Senator. I just want to make sure you can
heard.
Go ahead.
SENATOR LIZ KRUEGER: Thank you
very much, Madam President.
Following the same theme as Senator
Velella and my discussion just a moment ago
about two houses conferencing a piece of
legislation to actually get it done, this will
now be the third year, if we do not pass a
421
clergy reporting bill, that we have failed in
this house and in this Legislature to assure
that there is a mandate that clergy too must
report sexual offenses on children.
And that if we are, as we claim to
be, a house that is concerned about attacks on
children, that is concerned about the
continuing problem of sexual offense in this
state, that I don't believe we should go home
or feel good about our accomplishments today
with this legislation if we don't act
immediately to come to a conference agreement
between the Assembly and the Senate between
Senator Saland's bill, S2947A, and Assembly
Member McEneny's bill, A1516.
The differences are small. The
importance to the State of New York is to
finally have a clergy reporting bill, so that
no one in positions of trust with children are
exempt from their obligation to report sexual
offense.
So again, I do not stand as
criticism to Senator Skelos's bill -- and I
will be voting for it -- but, rather, to
highlight it's the last bill we're taking up
422
on sexual offense today, and sexual offenders.
And I don't believe that we should go home
feeling that we accomplished anything on this
floor this week if we do not also deal with
the differences between the two houses on
clergy reporting and get that bill passed into
law. Because that is equally important to
protect children and citizens of the State of
New York.
Thank you, Madam President.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. On the bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR SCHNEIDERMAN: I also
have supported this bill in the past and will
support it again.
But I really rise to echo and
amplify the comments that Senator Krueger made
and that reflect the discussion earlier today.
We have a problem of government by
press release in Albany. It's no great
secret. Today -- the word is out that today
423
is sexual assault day in the Senate, or sexual
offender day in the Senate. And we're going
to pass bills we know are one-house bills and
send out press releases.
It's actually one-house-bill day in
the Senate, but that does not merit a press
release, because every day seems to be
one-house-bill day in the Senate.
The clergy reporting bill is one
extraordinary example of a place in which we
are so close to the Assembly's version it is
inexcusable for us not to have dealt with that
issue thus far.
Today I note that the Assembly is
passing its omnibus budget reform package. We
passed a Senate budget reform package earlier
this session. The Assembly package addresses
things that are not in the Senate package,
including lobbying reform and procurement and
other things. I hope that will not be an
excuse that is used for a refusal to go
forward with conference committees.
We should be conferencing --
Senator Velella indicated his willingness to
conference the persistent misdemeanor offender
424
bill. We should be conferencing that bill.
And we certainly will work to see that the
Assembly passes something so we can get it to
the table.
But in areas like budget reform,
areas like clergy sex abuse, we have
legislation that enables us to go forward. I
hope we will take action on many of the bills
passed today this year. I do not believe that
any of them are going to pass in their current
form in the Assembly. But we really have to
do a better job in our efforts to get
two-house bills passed.
I hope we are not going to adjourn
later this year with a lot of press releases
about one-house bills generated here, and
press releases about one-house bills generated
by the Assembly, and have a failure to meet as
we've had so many times over the last few
sessions.
Thank you, Madam President.
THE PRESIDENT: Senator Stavisky.
SENATOR STAVISKY: Madam
President, I was out of the chamber during
much of the debate on this issue. We had two
425
committee meetings.
But I wanted to commend Senator
Skelos for proposing these bills.
I didn't know very much about this
issue until I discovered that there was a
Level Three sex offender in my Senate
district, and, in fact, probably a quarter of
a mile from where I live. And it was at that
point I realized how difficult it is -- even
though to go on the Internet, you do get
information about the offender, nevertheless,
there is much information that is not
available on the Internet. The schools, for
example, are not notified except by the local
police. There are many defects.
And the individual who lives in my
district just moved in right after he got out
of jail. He is a young man of about, I think,
18 or 19 years old. Two children were
involved, a 4-year-old and an 8-year-old. He
did three years in prison.
And we are very concerned about how
particularly Level 3, the most serious sex
offenders, are treated and the lack of
information that is available to the people in
426
the community, the ones most affected by it.
And in fact, the local residents
found out quite by accident that this person
had moved into the Bayside community.
So I commend Senator Skelos. This
is something that happens everywhere. And
it's an issue that I think needs additional
redress. And I've written to the Governor on
that issue as well.
So I thank you, and I vote yes.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Skelos,
to explain your vote.
SENATOR SKELOS: Madam President,
just to explain my vote.
I think it's unfortunate that many
of my friends on the other side of the aisle
427
like to refer to many of the pieces of
legislation that we're passing today as
one-house press-release bills.
I would remind you -- and some of
you may have not been here when the
legislation was passed, Megan's Law -- that
the Senate passed a bill, the Assembly refused
to pass the bill. The following year, after
young Megan had been killed, we passed a bill
and it took Maureen Kanka, Megan's mom, from
New Jersey, to come and confront the Assembly
to pass the legislation which the Senate had
passed.
One of the pieces of legislation,
failure to register: A misdemeanor, D felony.
It's very simple. I don't think that needs a
conference committee. The Assembly could
easily pass this piece of legislation. It's
pretty clear, a couple of words changed, they
could do it.
So I think really what your efforts
should be, if I could suggest, is that you
discuss these bills with Speaker Silver. The
purpose of the bills is solid, to protect
young people. We can do it if he just opens
428
up his eyes a little bit and passes some of
the legislation that has been passed in the
Senate for a number of years.
But I guess really what I'm going
back to is it's unfortunate that you have to
refer to some of these pieces of legislation,
which the Majority takes very seriously, as
one-house press-release bills.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: I vote in the
affirmative.
THE PRESIDENT: You will be so
recorded as voting in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
180, by Member of the Assembly Sweeney,
Assembly Print Number 9333, an act to amend
the Real Property Tax Law, in relation to
providing a tax exemption.
429
SENATOR LIZ KRUEGER:
Explanation.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could call an immediate meeting of the
Crime Victims, Crime and Corrections Committee
in the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Crime Victims, Crime
and Corrections Committee in the Majority
Conference Room.
Senator Flanagan, an explanation
has been requested.
SENATOR FLANAGAN: Thank you,
Madam President.
Very briefly, this is a bill --
this is, I would say, an amendment to a bill
that was passed by Senate Trunzo a couple of
years ago and was sponsored by Assemblyman
Levy last year, Assemblyman Sweeney this year.
This will help provide a true
10 percent property tax exemption for
volunteer firefighters and ambulance personnel
in Suffolk County.
THE PRESIDENT: Senator Krueger.
430
SENATOR LIZ KRUEGER: Thank you,
Madam President. If the sponsor would yield,
please.
THE PRESIDENT: Senator Flanagan,
do you yield for a question?
SENATOR FLANAGAN: Yes, I do.
THE PRESIDENT: You may proceed,
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
Through you, Madam President.
My concern about the bill is not
per se the proposed change, but why are we
changing this bill and the arrangement of a
110 percent or $3,000 formula just for Suffolk
County when it's my understanding that we have
passed equivalent bills for a large number of
counties in New York State?
It seems to me that your point that
it is confusing and has not been able to be
implemented -- or rather the memo's point, you
didn't make that point yet -- is a reasonable
argument. Therefore, it should be equally
confusing or not confusing for all these other
counties that also have the same option under
local law.
431
So my question, again, is why would
we do it for just one county rather than doing
an across-the-board change in the formula for
all of the counties that currently have this
type of option for voluntary firefighters and
ambulance participants?
SENATOR FLANAGAN: Well, I would
suggest a couple of things.
I represent Suffolk County, and
Suffolk County has asked for this bill.
Nobody else asked me to do this. So I'm doing
this at the request of Suffolk County and the
volunteers that I work with.
If someone brought a bill out here
or if you brought a bill or I brought a bill
out here on the other subject, I'm sure it
would be open to discussion and debate.
But certainly this bill relates to
Suffolk County. And part of the
justification, I had some discussion with our
counsel -- let me take a step back for a
second. I feel like in law school, you know,
they talk about the rule against perpetuities.
And there's probably about three or four
people who actually understand what the rule
432
against perpetuities is.
Anybody who truly understands
equalization of assessment has my undying
respect, and yet I'm scared of somebody like
that.
Having said that, looking at
Rockland County as an example, if you take the
equalization rate in Rockland County, which is
42, an exemption there would be worth
approximately $1,260 on a home of comparable
value. In Suffolk County, based on the
current structure, the exemption would be
worth $36.
So this is an effort to provide
greater relief so that we can recruit and
retain volunteers.
SENATOR LIZ KRUEGER: Madam
President, if the sponsor would yield to an
additional question.
THE PRESIDENT: Senator Flanagan,
will you yield for another question?
SENATOR FLANAGAN: Yes, I will.
SENATOR LIZ KRUEGER: Thank you.
THE PRESIDENT: You may proceed,
Senator Krueger.
433
SENATOR LIZ KRUEGER: Senator
Flanagan, because you have the data on some
different counties, can you tell me how many
different counties we have passed this type of
county-by-county legislation for, for tax
exemptions for firefighters or volunteer
ambulance workers?
SENATOR FLANAGAN: I'm sorry, say
that again.
SENATOR LIZ KRUEGER: How many
counties like Suffolk County have this type of
legislation in place?
SENATOR FLANAGAN: I can't attest
to the 100 percent accuracy of the list, but I
do know Rockland, Chautauqua, Suffolk, Nassau,
Putnam, Dutchess, Oswego, Steuben, Wyoming,
and Erie. There may be others, but I'm
unaware of them.
SENATOR LIZ KRUEGER: Thank you.
Thank you very much, Senator.
Madam President, on the bill.
THE PRESIDENT: You may proceed
on the bill, Senator.
SENATOR LIZ KRUEGER: Thank you.
While I am not by definition
434
opposed to this piece of legislation, and I
won't vote against it, I would like to
highlight that I have been here now three
sessions of the Legislature, or three years.
And in my first year, Senator Hevesi was still
sitting in my conference. And he would raise
issues, each time a bill like this came to the
floor, why is it for only for a specific
county? Why are no counties represented by
Democrats able to bring parallel pieces of
legislation to the floor for a vote for their
volunteer firefighters and their volunteers in
their ambulance systems?
And I would argue that this type of
legislation should be passed on a statewide
basis for any county or locality to choose, at
local option, whether they want to implement.
But we should not continue a pattern of using
the partisan politics of this Legislature to
allow certain counties and localities to bring
these kinds of bills to the floor while other
counties cannot.
I remember Senator Hevesi raising
his concern that in Queens County he could not
bring this bill to the floor. I don't
435
represent Queens County, and I know for a fact
in Manhattan I can count how many volunteer
firefighters there are. My husband is one of
them, so I would not be lobbying for my own
husband on this floor.
Nonetheless, I would argue that
this is the kind of legislation we should be
passing, from an equity perspective, for
everyone who serves as a volunteer firefighter
or a volunteer ambulance worker in this state,
and that we should not allow arbitrary
politics to decide what bills come to our
floor and what don't on the same issue, county
by county.
But having said all of that in my
objection to how we're approaching this, I
will not vote against these people in Senator
Flanagan's district. So I will be voting for
the bill.
Thank you very much.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I just would like to make a point
436
for the record.
I also have a volunteer ambulance
company in my district. They do a magnificent
job. They operate by their bootstraps, so to
speak. It would be very helpful if we had
consideration as well under Senator Flanagan's
bill.
So I respectfully request that the
Senator consider adding Kings County to this
legislation. That would be very, very helpful
for my district.
But with that, I am voting yes, in
anticipation that we will see an amendment to
this legislation.
Thank you.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
437
reading of the controversial calendar.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: No housekeeping,
Senator.
SENATOR SKELOS: If you could
recognize Senator Ada Smith, please.
THE PRESIDENT: Senator Ada
Smith.
SENATOR ADA SMITH: Thank you
very much.
Madam President, I would like to
announce that there will be a conference of
the Senate Minority at 4:30 sharp in the
Minority Conference Room.
THE PRESIDENT: There will be a
conference of the Senate Minority at 4:30
sharp in the Minority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees.
Just for the information of the
Senators, there will be a meeting of the Local
Governments Committee probably within the next
438
five minutes. We'll have that report read,
and then we will adjourn.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Robach,
from the Committee on Civil Service and
Pensions, reports:
Senate Print 1180A, by Senator
Maltese, an act to amend the General Municipal
Law;
2629A, by Senator Little, an act
authorizing;
4412A, by Senator Maziarz, an act
to amend the Retirement and Social Security
Law;
And Senate Print 6038, by Senator
Robach, an act to amend the Civil Service Law.
Senator Saland, from the Committee
on Education, reports the following bill:
Senate Print 5742B, by Senator
Kuhl, an act to amend the Education Law.
All bills ordered direct to third
reading.
THE PRESIDENT: All bills ordered
439
direct to third reading.
The Senate stands at ease.
(Whereupon, the Senate stood at
ease at 4:00 p.m.)
(Whereupon, the Senate reconvened
at 4:01 p.m.)
ACTING PRESIDENT ROBACH: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Local Governments Committee in the Majority
Conference Room.
ACTING PRESIDENT ROBACH: Meeting
of the Local Governments Committee in the
Majority Conference Room.
(Whereupon, the Senate stood at
ease at 4:02 p.m.)
(Whereupon, the Senate reconvened
at 4:12 p.m.)
ACTING PRESIDENT ROBACH: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we can return to reports of standing
committees, there are two reports at the desk.
I ask that they be read at this time.
440
ACTING PRESIDENT ROBACH: The
Secretary will read.
THE SECRETARY: Senator Nozzolio,
from the Committee on Crime Victims, Crime and
Correction, reports:
Senate Print 5463C, by Senator
Robach, an act to amend the State Finance Law;
6085, by Senator Nozzolio, an act
to repeal certain provisions;
And Senate Print 6086, by Senator
Wright, an act to amend the State Finance Law.
Senator Little, from the Committee
on Local Government, reports:
Senate Print 1934, by Senator
Nozzolio, an act to amend the Real Property
Tax Law;
2309, by Senator Kuhl, an act to
amend the General Municipal Law;
4062A, by Senator Wright, an act to
amend the General Municipal Law;
4982, by Senator Little, an act to
amend the General Municipal Law;
5113, by Senator Little, an act to
amend the Local Finance Law;
5524, by Senator LaValle, an act to
441
amend the Real Property Tax Law;
5933, by Senator Larkin, an act
authorizing;
And Senate Print 5938, by Senator
Bonacic, an act to authorize the Town Board of
the Town of Mamakating.
All bills ordered direct to third
reading.
ACTING PRESIDENT ROBACH: Without
objection, all bills are directed to third
reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there being no further business to come before
the Senate, I move we stand adjourned until
Tuesday, February 10th, at 11:00 a.m.
ACTING PRESIDENT ROBACH: On
motion, the Senate stands adjourned until
Tuesday, February 10th, at 11:00 a.m.
(Whereupon, at 4:15 p.m., the
Senate adjourned.