Regular Session - May 4, 2004
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 4, 2004
3:08 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 the
Reverend Glyger Beach, from Vanderveer Park
Methodist Church, in Brooklyn, New York.
REVEREND BEACH: Thank you, Madam
President.
It's a joy to be with each of you,
and especially to pray, in particular, for
Republicans and Democrats in one house. I
haven't seen you all like this before. Such a
joy. Thank you for this great privilege.
Shall we pray.
God of all nations, races, faces,
and languages, we acknowledge Your awesome
presence in this assembly of ordained
Senators. You have declared in Your word that
all governments are ordained by You for the
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welfare of Your people.
Thank You for these Senators You
have set aside for the welfare of the great
State of New York. Endow them with courage
and conviction. Add wisdom to their
knowledge, and flavor their ambition with a
sense of service. Give them faith, that they
may see in every difficulty an opportunity, in
every blessing a responsibility, in every
protection a purpose.
Provide for each of those who serve
in New York's Senate a full measure of Your
care and protection. Protect and bless their
families as they are away from them in service
to their state. Bless the work of this
Senate, bless the State of New York, bless all
the people of New York.
Grant unto the Senators right
attitudes and timely objectives. Make them
willing to see moral objectives together, that
in united action this state may be resolved
for righteousness and peace for all of its
peoples.
Today we bless You for the future
which You hold out before us, for its
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promises, for its challenges, for its
opportunities of service of Your people and
our state. We thank You for the present
moment, for this august body representing
every district of our great State of New York.
Bless each Senator in whatever way that will
enable them to serve You and bring glory to
Your holy name.
God bless America. God bless
New York State. In Your holy name we pray,
amen. God bless you. Thank you.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, May 3rd, the Senate met pursuant to
adjournment. The Journal of Sunday, May 2nd,
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.
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Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
On behalf of Senator Hoffmann, I
move to recommit Senate Print Number 4906,
Calendar Number 932 on the order of the first
report, to the Committee on Agriculture.
THE PRESIDENT: So ordered.
SENATOR McGEE: Thank you, Madam
President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
I believe there are some substitutions at the
desk. If we could make them at this time.
THE PRESIDENT: Yes, there are,
Senator.
The Secretary will read.
THE SECRETARY: On page 4,
Senator Saland moves to discharge, from the
Committee on Finance, Assembly Bill Number
1233 and substitute it for the identical
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Senate Bill Number 481, First Report Calendar
937.
On page 5, Senator McGee moves to
discharge, from the Committee on Finance,
Assembly Bill Number 8657A and substitute it
for the identical Senate Bill Number 4895A,
First Report Calendar 947.
On page 6, Senator Volker moves to
discharge, from the Committee on Finance,
Assembly Bill Number 9387 and substitute it
for the identical Senate Bill Number 5802,
First Report Calendar 950.
On page 6, Senator Larkin moves to
discharge, from the Committee on Finance,
Assembly Bill Number 9580 and substitute it
for the identical Senate Bill Number 6105,
First Report Calendar 952.
On page 6, Senator Johnson moves to
discharge, from the Committee on Finance,
Assembly Bill Number 10436 and substitute it
for the identical Senate Bill Number 6394,
First Report Calendar 956.
On page 16, Senator Velella moves
to discharge, from the Committee on Health,
Assembly Bill Number 9534 and substitute it
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for the identical Senate Bill Number 6001,
Third Reading Calendar 269.
On page 34, Senator DeFrancisco
moves to discharge, from the Committee on
Judiciary, Assembly Bill Number 10963 and
substitute it for the identical Senate Bill
Number 4956, Third Reading Calendar 662.
On page 34, Senator DeFrancisco
moves to discharge, from the Committee on
Judiciary, Assembly Bill Number 10967 and
substitute it for the identical Senate Bill
Number 5166, Third Reading Calendar 663.
And on page 42, Senator Golden
moves to discharge, from the Committee on
Local Government, Assembly Bill Number 10844
and substitute it for the identical Senate
Bill Number 6847, Third Reading Calendar 779.
THE PRESIDENT: Substitutions
ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar,
with the exception of Resolutions 4749, 4752,
and 4796.
THE PRESIDENT: All in favor of
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so adopting the Resolution Calendar, please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The calendar is
so adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could have the title read on Resolution
4749, by Senator Golden, and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Golden, Legislative Resolution Number 4749,
honoring Edmund J. Moderacki upon the occasion
of his designation as recipient of the 2004
Outstanding Contribution by a Senior Citizen
Award.
THE PRESIDENT: Senator Golden.
SENATOR GOLDEN: Yes, I rise
today to sponsor a resolution for Ed
Moderacki, who is receiving it tomorrow in
Albany. He comes from Brooklyn, New York, and
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he will be in Albany here tomorrow to receive
the 2004 Outstanding Contribution by a Senior
Citizen.
Here is a gentleman that has worked
very hard in our community in Brooklyn, New
York, in trying to make the quality of life
for the seniors that much better. Ed is the
president of the Bay Ridge chapter of AARP.
He is also the retired persons rep on the Bay
Ridge Community Council.
He is also the president of the St.
Anselm's Roman Catholic Holy Name Society. He
is a member of the Bay Ridge Community
Council. He's a member of the Senior Advisory
Board of the Bay Ridge Center for Older
Adults. He is a member of the legislative
committee on the interagency Bay Ridge Council
of the Aging.
He has worked all his life in
helping people, in making a difference. He
worked out of the manufacturing/engineering of
Sperry Rand Corporation, and he received
special recognition for work on a Pacific
missile range and a Canadian weather ship
radar projects.
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Ed was also in the U.S. Marine
Corps in the Pacific area during World War II,
and now is involved in various veterans
activities.
Ed is what it's all about here in
this great state. It's about contributing,
it's about working, it's about being part of
the fabric of this great city and great state.
And I'm honored to bring forth this resolution
today.
Thank you.
THE PRESIDENT: On the
resolution, all in favor please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: If we could have
the title read on Resolution 4752, by Senator
McGee, and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
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THE SECRETARY: By Senator McGee,
Legislative Resolution Number 4752, paying
tribute to the life and selfless heroism of
Corporal Jason Dunham of Scio, New York.
THE PRESIDENT: Senator McGee.
SENATOR McGEE: Thank you, Madam
President. My remarks will be very brief on
this resolution today, almost as brief as the
life of Corporal Jason Dunham.
Jason Dunham was a 22-year-old
individual who was a U.S. Marine Corps
corporal. He gave his life selflessly as he
threw himself upon a grenade, thereby saving
the life of two of his fellow Marines.
Corporal Dunham will remain young
in our memory and young in our hearts and a
hero forever, coming from the small town of
Scio in Allegany County, New York, truly a
hero who stands for the freedom of the people
of our world.
And I wish that we would all
remember each and every one of our individuals
who are serving in the armed forces in honor
of freedom for the entire world.
Thank you so much.
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THE PRESIDENT: All in favor
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there's a resolution by Senator Marcellino,
4796, at the desk. If we could have it read
in its entirety and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Marcellino, Legislative Resolution Number
4796, mourning the untimely death of United
States Coast Guard Petty Officer 3rd Class
Nathan B. Bruckenthal, and paying tribute to
his courageous actions in the Persian Gulf.
"WHEREAS, It is the sense of this
Legislative Body to convey recognition of the
loss of a courageous Coast Guardsman who
sacrificed his life while serving in the war
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in Iraq; and
"WHEREAS, This Legislative Body is
deeply moved to mourn the untimely death of
United States Coast Guard Petty Officer 3rd
Class Nathan B. Bruckenthal, and to pay
tribute to his courageous actions in the
Persian Gulf; and
"WHEREAS, Petty Officer Nathan
Bruckenthal, 24, a Guardsman serving with the
coalition Maritime Interception Operations
Team, made the ultimate sacrifice for his
country on Saturday, April 24, 2004; and
"WHEREAS, Born and raised in Stony
Brook, New York, Petty Officer Nathan
Bruckenthal had also lived in Connecticut,
Hawaii, Washington, and most recently Dania,
Florida; and
"WHEREAS, Petty Officer Nathan
Bruckenthal enlisted in the Coast Guard six
years ago and was excited at the prospect of
life at sea and eager to follow his family's
legacy of public service; and
"WHEREAS, Petty Officer Nathan
Bruckenthal is survived by his wife, Patricia,
his father, Eric Bruckenthal, his uncle,
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Steven Bruckenthal, and many other family
members and friends; and
"WHEREAS, Petty Officer Nathan
Bruckenthal is truly a hero to our society;
and
"WHEREAS, The banner of freedom
will always wave over our beloved New York and
all of America, the land of the free and the
home of the brave; and
"WHEREAS, Residents of this great
state must never forget the courage with which
these men and women served their country, and
must recognize that no greater debt is owed
than that owed to those who gave their lives
for their beloved nation and to those who
continue to be missing in action; and
"WHEREAS, The freedoms and security
we cherish as Americans come at a very high
price for those serving in the military in
times of conflict. It is fitting and proper
that we who are the beneficiaries of those who
risk their lives, leaving their families
behind, express our appreciation and eternal
gratitude for their sacrifices and courageous
acts; now, therefore, be it
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"RESOLVED, That this Legislative
Body pause in its deliberations to mourn the
untimely death of United States Coast Guard
Petty Officer 3rd Class Nathan B. Bruckenthal,
and to pay tribute to his courageous actions
in the Persian Gulf; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to the family of Petty Officer Nathan
Bruckenthal."
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
One of the toughest things I've
ever had to do in public life was to visit the
family of Petty Officer Bruckenthal and offer
my condolences at their loss. And it was a
terrible loss, and a terrible loss to the
community.
The Bruckenthals have a history in
their family of public service. The father is
the police chief of the village, and other
relatives have served in the Army and in the
military over the years in various conflicts
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in protection of our liberty and our country.
Nathan was 24 years old, a life cut
short in its prime, leaving a wife,
grieving -- who is pregnant with what
hopefully will be a healthy child to carry
forth the family -- leaving two younger
brothers. It's just a tragic loss to that
particular family and to the community as a
whole.
Like all other families, everybody
has a tendency to -- in all families, we
bicker amongst ourselves from time to time.
But woe be it to anybody that comes in and
takes on any other member of the family. We
all cleave together and defend that other
member.
Well, the family is coming together
in the community to support the Bruckenthals
at the time of their loss of a very fine young
man. I did not know the young man personally,
I never had the privilege of meeting him, but
I have met his parents on many occasions.
They're fine people and have instilled in
their young son the values of service above
self and service to their community.
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This is a great loss to them, a
great loss to the community, and it's a great
loss to our nation when we see young people
whose lives are cut short. My mother taught
me a long time ago that you're not supposed to
bury your children, that it's the worst
possible thing a parent can go through and
have to suffer through.
The community is behind the
Bruckenthals, they're with them. There are
signs all over the community supporting the
parents at this time of their loss. And I
just wish to offer my condolences to the
family and to let them know that this chamber
is behind them, this legislative body is
behind them at their time of need and at their
time of loss, and we will always be there for
them in anything they need.
I thank my colleagues for
supporting this resolution, and I would open
it up to our chamber and any other people who
wish to be on it. And if you don't wish to
be, just notify the chair in our usual
procedure.
I certainly would think that would
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be an appropriate thing, and I think the
family would be very appreciative of it.
Thank you, Madam President.
THE PRESIDENT: Senator Flanagan.
SENATOR FLANAGAN: Thank you very
much, Madam President. I want to join my
colleague Senator Marcellino and start by just
thanking him for offering this resolution.
I represented the Village of
Northport for 16 years in the State Assembly
and had many, many, many occasions to interact
with Rick Bruckenthal in particular. And
obviously we all mourn the loss of individuals
and, collectively, groups who have been
affected by the war.
And the Bruckenthals in
particular -- Senator Marcellino alluded to
this -- it has been a very challenging, tough
year for this family. In particular for the
chief, because of some issues going on in the
Village of Northport. But I would offer you a
couple of brief things.
Like Senator Marcellino, I did not
know Nathan personally, but I have known the
Bruckenthal family for some time. Rick
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Bruckenthal is a great guy. He is the kind of
person you want to have as your friend. He's
the kind of person you want living in your
community. And he is exactly the kind of
person you want to be your police chief.
His son and my son, his youngest
son, they play lacrosse together, I see him at
the games, I see his wife Pat, who works at
Stony Brook University.
These are really fine people, and
my heart aches for them because this is the
first time, at least for me personally, where
it's someone right from our community. I
think of our colleague Betty Little. You
know, she's fortunate and her family's back
and everyone's doing well, but like that
[snapping fingers] something can happen to
someone that you know and you love.
It is very important for us, and
fitting, that we do take time out, honor the
Bruckenthal family and Nathan in particular in
some small way, and be able to go back to our
community and say that we are extraordinarily
proud of this young man.
And the good thing is that his name
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will live on, with his wife being pregnant.
Even though he's not around, they will have a
lasting legacy in that family.
And to my friend Rick Bruckenthal
and his family, I wish them only the best.
Thank you.
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: Madam
President, may we open the resolution. And if
anyone chooses not to be on it, as is
customary in the house, they can notify the
desk.
THE PRESIDENT: Any member who
does not wish to sponsor this resolution
please notify the desk.
The question is on the resolution.
All those in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Velella.
SENATOR VELELLA: Madam
President, may we return to reports of
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standing committees. I believe there's a
report at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Hannon,
from the Committee on Health, reports the
following bill direct to third reading:
Senate Print 5646A, by the Senate
Committee on Rules, an act to amend the Public
Health Law, the State Finance Law, and the
Insurance Law.
THE PRESIDENT: Without
objection, the bill is reported directly to
third reading.
Senator Velella.
SENATOR VELELLA: May we proceed
to the noncontroversial reading of the
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
576, by Senator Morahan, Senate Print 5972, an
act to authorize Bethel Gospel Fellowship,
Inc.
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, 55. Nays,
1. Senator Bonacic recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
721, by Senator Bonacic, Senate Print 6393, an
act to amend Chapter 915 of the Laws of 1982
amending the Public Authorities Law.
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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
728, by Senator Saland, Senate Print 1924A, an
act to amend the Penal Law, in relation to
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custodial interference.
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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
746, by Senator Kuhl, Senate Print 4908, an
act to amend the Vehicle and Traffic Law, in
relation to weights and dimensions.
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, 56. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
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THE SECRETARY: Calendar Number
762, by Senator LaValle, Senate Print 6163, an
act in relation to contracts of the East
Hampton Union Free School District.
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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
763, by Senator Saland, Senate Print 6199, an
act in relation to adjusting certain state aid
payments.
THE PRESIDENT: There is a local
fiscal impact note at the desk.
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, 57.
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THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
790, by Senator Skelos, Senate Print 6624, an
act to amend the Correction Law --
SENATOR LIZ KRUEGER: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
796, by Senator Bonacic, Senate Print 986, an
act to amend the Education Law, in relation to
allowing for prorated refunds.
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, 56. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
818, by Senator Little, Senate Print 6471, an
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act to amend the Real Property Actions and
Proceedings Law and the Public Lands Law, in
relation to illegal cutting.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the same date and in
the same manner as Chapter 602 of the Laws of
2003.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
824, by Senator DeFrancisco, Senate Print
6986, an act to amend the Surrogate's Court
Procedure Act, in relation to clarifying.
ACTING PRESIDENT FUSCHILLO: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 58.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
THE SECRETARY: Calendar Number
844, by Senator Volker, Senate Print 665, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to the offenses of
bail jumping.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT FUSCHILLO: The
bill is laid aside.
THE SECRETARY: Calendar Number
874, by Senator Robach, Senate Print 6387, an
act to amend Chapter 167 of the Laws of 2003
amending the Education Law.
ACTING PRESIDENT FUSCHILLO: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT FUSCHILLO: The
2219
bill is passed.
THE SECRETARY: Calendar Number
882, by Senator Marcellino, Senate Print 4130,
an act to amend the Environmental Conservation
Law, in relation to the leasing of space on
towers.
ACTING PRESIDENT FUSCHILLO: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
THE SECRETARY: Calendar Number
888, by Senator Meier, Senate Print 1267, an
act to amend the General Municipal Law, in
relation to allowing certain shared purchasing
contracts.
ACTING PRESIDENT FUSCHILLO: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
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ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
THE SECRETARY: Calendar Number
889, by Senator Fuschillo, Senate Print 1781A,
an act to establish the Baldwin-Grand Canal
Repair and Maintenance District.
ACTING PRESIDENT FUSCHILLO:
There is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
THE SECRETARY: Calendar Number
890, by Senator Fuschillo, Senate Print 1782A,
an act to establish the Baldwin-West End Canal
Repair and Maintenance District in the Town of
2221
Hempstead.
ACTING PRESIDENT FUSCHILLO:
There is a home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 18. This
act shall take effect immediately.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
THE SECRETARY: Calendar Number
891, by Senator Larkin, Senate Print 1806A, an
act to amend the General Municipal Law, in
relation to providing a local government
mergers law.
ACTING PRESIDENT FUSCHILLO: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
2222
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
THE SECRETARY: Calendar Number
902, by Senator Rath, Senate Print 6630, an
act to amend the County Law and others, in
relation to streamlining the process of local
governments.
ACTING PRESIDENT FUSCHILLO: Read
the last section.
THE SECRETARY: Section 11. This
act shall take effect immediately.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
Senator Velella, that completes the
noncontroversial reading of the calendar.
SENATOR VELELLA: Can we go to
the controversial reading of the calendar, Mr.
President.
ACTING PRESIDENT FUSCHILLO: The
Secretary will read.
THE SECRETARY: Calendar Number
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790, by Senator Skelos, Senate Print 6624, an
act to amend the Correction Law and the
Criminal Procedure Law, in relation to the
registration of sex offenders.
ACTING PRESIDENT FUSCHILLO:
Senator Krueger.
SENATOR LIZ KRUEGER: On the
bill, Mr. President.
ACTING PRESIDENT FUSCHILLO:
Senator Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I rise not so much to object to
Senator Skelos' bill but to highlight yet
again, on the floor of the Senate, so many
other issues relating to sexual assault that
we are not addressing in the Legislature and
now have not addressed for multiple years.
Yet again, we raise concerns about
the registry of people found guilty of sex
abuse, but we have still not addressed the
differences in the two houses' bills on clergy
sex abuse and the obligation we have and the
commitments I think we have made to the public
to make sure that we change our laws so that
we don't have a double standard in the State
2224
of New York as to who is reported and who is
not reported for potentially committing sexual
violence among citizens of our state.
And yet again we talk about
strengthening the criminal procedures for sex
offenders. And again, it's not an objection
to the legislation today, but what have we
done for the victims of sexual assault?
We have still not passed
legislation that would ensure that every
emergency room in the state of New York had
adequate resources to make sure that they did
a thorough review of the victim, reporting in
the kind of counseling that they need, the
guarantee of health care that they need.
We still require victims of sexual
abuse to go through a complex process while
they have been survivors of sexual assault to
make sure that there is reimbursement for the
health care costs of providing them the
services that they need.
We still have not guaranteed that
every rape crisis center has coordinated work
with a sexual assault nurse examiner. We have
still not assured that every geographic area
2225
of the state, particularly rural parts of
upstate New York, do not have -- we still have
not made sure that every area has the kinds of
services that we find in urban hospitals for
survivors of sexual assault.
There's an endless list of
legislation that we should be passing that
would make real commitments to men and women
who have been the survivors of sexual assault.
And I wish that we took as seriously the needs
of these survivors as we seem to take to
adjust the technical amendments of our
criminal law when it comes to offenders.
So again, I'll vote for the bill.
I have no objection formally to the bill. I
object to the fact that we don't look at all
sides of this issue equally.
Thank you, Mr. President.
ACTING PRESIDENT FUSCHILLO:
Senator Stavisky.
SENATOR STAVISKY: Mr. President,
on the bill.
ACTING PRESIDENT FUSCHILLO: On
the bill.
SENATOR STAVISKY: I very briefly
2226
want to commend the sponsor for this
legislation.
I knew very little about this issue
until approximately six months ago, when a
Level 3 sex offender moved into my Senate
district and, in fact, relatively close to
where I live. And unfortunately, nobody was
notified. We didn't know that he was there.
And this is a step in the right
direction to closing some of the loopholes.
The problem with the Level 3 offender is that
he wouldn't be Level 3 if there weren't the
very distinct possibility that he was going to
commit the same crime again.
This is an area of concern to many
of the people who live in Bayside as well as
in the rest of the state. And I hope that
additional loopholes -- the notification to
the community and so on -- is tightened. I
think this is a step in the right direction,
and I will vote for this bill.
ACTING PRESIDENT FUSCHILLO: Any
other Senator wish to speak?
Read the last section.
THE SECRETARY: Section 23. This
2227
act shall take effect immediately.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
THE SECRETARY: Calendar Number
844, by Senator Volker, Senate Print 665, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to the offenses of
bail jumping.
SENATOR VOLKER: Mr. President.
ACTING PRESIDENT FUSCHILLO:
Senator Volker.
SENATOR VOLKER: This is a bill
that passed the Senate for the last five
years, I believe, which came to us -- I was
just looking here. I think it came to us
initially, in 1999, from the City of New York.
And the reason the bill came here
was because the amount of money, time, and
effort they're spending in pursuing people who
either were on appearance tickets or who were
released on their own recognizance was
2228
absolutely enormous.
In fact, some defense attorneys in
the city of New York realize that if their
clients walk away and never show up, that
because of the 30-day grace period and because
of the backlog of numbers -- for instance, let
me just give you an idea. There were 43,020
defendants back in 1995 -- and it's gotten
worse, by the way -- but 43 percent of those
people who had desk appearance tickets didn't
appear.
Now, the problem is that in many
cases those appearance tickets are never
turned into warrants. Or, if they're turned
into warrants, they get stacked up in an
office somewhere. In the meantime, a lot of
these people get arrested again. And they're
probably about the only people who would get
charged with bail jumping in this case,
because they've got to get caught and brought
back.
Actually, this bill, I think, is
pretty reasonable in the area of bail jumping.
If you receive an appearance ticket -- and
most appearance tickets are for offenses. Not
2229
all of them, but a lot of them are. And in
this bill, the new penalty for bail jumping
would be the lowest possible charge, which is
a B misdemeanor, and would mean that you
potentially could go to jail for three months.
Now, the problem here for the city
is that pursuing these people probably takes
away millions of dollars from the cost of
being able to pursue criminal justice issues.
And it really makes not a lot of sense.
Now, it's true that if the warrant,
for instance, is for a misdemeanor, then it
becomes a Class E felony, which of course is
the lowest felony area.
And so I think that the main thing
about this is this is a money-saving area,
this is -- it's silly that you give people
appearance tickets and they don't show up. In
fact, what's going to happen is the City of
New York has begun to do other things rather
than appearance tickets, simply because so
many people don't show up.
So I think this is a common-sense
bill, and I ask everyone to support it.
ACTING PRESIDENT FUSCHILLO:
2230
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, if Senator Volker would just
answer --
SENATOR VOLKER: Sure.
ACTING PRESIDENT FUSCHILLO:
Senator Volker, will you yield for some
questions?
SENATOR VOLKER: Sure.
ACTING PRESIDENT FUSCHILLO: The
Senator yields.
SENATOR MONTGOMERY: Thank you.
Senator Volker, I note that this --
we've had this bill before us in prior years.
Has it changed in the language? I can't see
any changes that have been made.
SENATOR VOLKER: No, it's
basically the same bill from 1999.
The problem with it is that I
realize that some defense attorneys -- this is
a nice deal for a lot of defense attorneys.
And we can't get the Assembly to do it.
I think Joe Lentol, by the way, is
seriously thinking that this is something that
needs to be done. If I know the Assembly,
2231
they'll probably want to downgrade some of the
penalties in it.
But we ultimately should do it,
because it will be a huge saving to the City
of New York.
SENATOR MONTGOMERY: Thank you,
Senator Volker.
Mr. President, I will just restate
some of the concerns that I raised in last
year's debate on this same legislation.
I do note that there is a memo in
support from the city. I presume that the
Mayor supports it.
But let me just say that this is
one more piece of legislation that I think
certainly, in my mind, reinforces our tendency
to punish particularly the poor people, and
probably young people as well.
I suspect -- and I don't have any
statistics. I don't see anything in the
sponsor's memo that indicates from where the
majority of these warrants are or these desk
tickets are issued. I suspect that a large
percent are issued in precincts in my
district. And I know that a lot of those
2232
warrants are for things like graffiti writing
and turnstile jumping and so forth and so on.
Those -- in some instances, people
have these tickets and they're not even aware.
And if they're stopped by the police, having
been issued one of those desk tickets and they
didn't appear, they are arrested immediately
and taken in.
Now, what this does is increases
the amount under the charge so that in
addition to the original charge, whatever it
was -- it could have been a misdemeanor, it
could have been even less -- they now are
charged with a Class D or Class E felony. So
they now have a real record.
And we know that the bulk of those
are going to be levied, once again, on people
who are most vulnerable, most likely to come
in contact with the police, and most likely to
have a desk ticket written even if they've
done nothing.
And so now those very same people
are going to have the record of an E or D
felony, even if they've done nothing, because
they didn't answer the desk ticket and the
2233
warrant.
So I'm going to continue to oppose
this legislation. And I also --
notwithstanding the mayor's support of this, I
think that it is going to certainly cost the
state more because, in the process, we will
increase the number of people perhaps who will
be charged under this particular law as a
technical parole violator.
And as we know, there are large
numbers, thousands and thousands of people who
are returned to prison not because they
committed any other crime but because there
was a technical violation of their parole --
they didn't meet their parole person on time,
they didn't pass the urine test, they didn't
meet their curfew. There are thousands of
reasons why people are reincarcerated for
other than committing a new crime. And this
is one more of those possibilities.
So I'm going to continue to oppose
this. And I certainly hope that my colleagues
will join me in opposing this legislation,
because it is another use of the criminal
justice system to address an issue and it's
2234
directed specifically to poor and young people
in New York City.
Thank you, Mr. President.
ACTING PRESIDENT FUSCHILLO:
Thank you, Senator Montgomery.
Any other Senators wish to be heard
on the bill?
Read the last section.
THE SECRETARY: Section 16. This
act shall take effect on the first of
November.
ACTING PRESIDENT FUSCHILLO: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 844 are
Senators Hassell-Thompson, Montgomery, and
Parker. Ayes, 56. Nays, 3.
ACTING PRESIDENT FUSCHILLO: The
bill is passed.
Senator Velella, that completes the
controversial reading of the calendar.
SENATOR VELELLA: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT FUSCHILLO: No.
2235
SENATOR VELELLA: May we stand at
ease for just one minute.
ACTING PRESIDENT FUSCHILLO: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:46 p.m.)
(Whereupon, the Senate reconvened
at 3:48 p.m.)
ACTING PRESIDENT FUSCHILLO:
Senator Velella.
SENATOR VELELLA: Mr. President,
there being no further business to come before
the house, I move we adjourn until tomorrow,
Wednesday, May 5th, at 11:00 a.m.
ACTING PRESIDENT FUSCHILLO: On
motion, the Senate stands adjourned until
Wednesday, May 5th, at 11:00 a.m.
(Whereupon, at 3:50 p.m., the
Senate adjourned.)