Regular Session - May 11, 2004
2368
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 11, 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: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, May 10, the Senate met pursuant to
adjournment. The Journal of Saturday, May 8,
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.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could adopt the Resolution Calendar,
with the exception of Resolutions 4841 and
4857.
THE PRESIDENT: All those in
favor of so adopting the Resolution Calendar
please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is so adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
at this time if we could have Resolution 4841,
by Senator Maziarz, read in its entirety and
then adopt the resolution.
THE PRESIDENT: The Secretary
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will read.
THE SECRETARY: By Senator
Maziarz, Legislative Resolution Number 4841,
honoring Sergeant Kevin D. Mack, of Niagara
County, upon the occasion of his designation
as the 2004 Deputy of the Year by the New York
State Sheriffs' Association.
"WHEREAS, It is the sense of this
Legislative Body that the quality and sanctity
of community life are cherished values, worthy
of safeguarding, and is moved to honor those
individuals who serve to preserve and protect
them, lauding particularly their unwavering
courage and dedication in the daily
performance of their duties; and
"WHEREAS, This Legislative body is
justly proud to honor Sergeant Kevin D. Mack,
of Niagara County, upon the occasion of his
designation as the 2004 Deputy of the Year by
the New York State Sheriffs' Association, to
be commemorated on Tuesday, May 11, 2004, in
Albany, New York; and
"WHEREAS, Established in 1977, this
award is given annually to a deputy sheriff
who has displayed outstanding courage and
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heroism in the line of duty; and
"WHEREAS, The incident that
Sergeant Kevin D. Mack is being honored for
began on the morning of February 9, 2003. It
involved a challenging eight-hour search for a
gunman and, ultimately, a gun battle which
injured two Lockport officers; and
"WHEREAS, Sergeant Kevin D. Mack
exhibited extraordinary courage in the face of
extreme danger and prevented the suspect from
inflicting further damage or escape; and
"WHEREAS, Sergeant Kevin D. Mack, a
22-year member of the Niagara County Sheriff's
Office, is honored for preventing the suspect
from leaving the scene and continuing his
violent behavior; and
"WHEREAS, It is the sense of this
Legislative Body that those dedicated public
servants who unselfishly devote their lives to
the preservation of order and the protection
of others are worthy and due full praise for
their commitment and noble endeavors; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor
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Sergeant Kevin D. Mack, of Niagara County,
upon the occasion of his designation as the
2004 Deputy of the Year by the New York State
Sheriffs' Association; and be it further
"RESOLVED, That a copy of this
resolution, suitably engrossed, be transmitted
to Sergeant Kevin D. Mack."
THE PRESIDENT: Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President.
It's with a great deal of pride and
honor that I rise to recognize a constituent
of mine, Sergeant Kevin Mack of the Niagara
County Sheriff's Department.
February 9, 2003, was a dark day in
the history of Niagara County, when an
individual went on a rampage, firing wildly,
wounding two police officers in the city of
Lockport. But Kevin Mack, Sergeant Mack, put
his life on the line, blocked the exit of this
individual from a densely populated area and
prevented him from going out and doing any
more damage.
It's, as I said, a great deal of
pleasure and honor for me to introduce to all
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of you, my colleagues, Sergeant Kevin D. Mack,
the New York State Sheriffs' Association
Deputy Sheriff of the Year.
Sergeant Mack.
(Applause.)
SENATOR MAZIARZ: Madam
President, I'd also like to recognize Kristen
Mack, Sergeant Mack's wife; his sons, Corey
and Tyler; his father, a retired member of the
Niagara County Sheriff's Department, William
Mack; his mother, Virginia Mack; and Sheriff
Thomas Beilein, sheriff of Niagara County, and
Chief Deputy Christopher Carlin.
Thank you very much, Kevin, for the
work that you do for the citizens of Niagara
County.
Thank you, Madam President.
THE PRESIDENT: All in favor of
the resolution please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
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SENATOR SKELOS: At this time if
we could have the title read on Resolution
4857, by Senator McGee, and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator McGee,
Legislative Resolution Number 4857, urging the
New York State Congressional Delegation to
ensure that the cleanup of the site at West
Valley, New York, is the responsibility of the
federal governor and that the Department of
Energy should be required to conduct and
assume financial responsibility for the entire
cost of conducting a complete cleanup at the
facilities and premises at West Valley.
ACTING PRESIDENT MORAHAN:
Senator McGee.
SENATOR McGEE: Mr. President,
I'd like to give a little background, if I
may, that indicates the drive behind this
particular resolution.
The West Valley nuclear fuel
reprocessing facility is a failed attempt to
reprocess spent nuclear fuel. This facility
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closed in 1972, leaving behind spent fuel rods
and thousands of gallons of high-level
radioactive waste and severely contaminated
facilities and premises.
In 1980, Congress accepted proper
responsibility for cleaning up this dangerous
waste site by enacting the West Valley
Demonstration Project Act and directing the
U.S. Department of Energy to solidify the
liquid high-level waste, dispose of the waste,
and decontaminate and decommission the
facility.
The solidification of most of the
high-level waste has been completed, but it
remains on-site. Over time, the Department of
Energy's commitment to a complete cleanup of
the site, as required in the West Valley
Demonstration Project Act, has declined.
The Department of Energy has
recently cut its proposed budget for the
project and proposed a substantial reduction
in the scope of the cleanup. This reduction
poses a serious problem for New York State,
not only because of its environmental
implications, but also because of the
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staggering costs it will impose upon us to
clean up all of the contamination that
remains.
We must ensure, by virtue of this
resolution, that Congress reaffirms its
commitment to have the Department of Energy
perform a total and complete cleanup of the
West Valley facility, as originally provided
in the 1980 legislation.
And I would ask that everybody be
concerned about this facility, as it impacts
New York State and the health and well-being
of every member living in New York State.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: All in
favor of the resolution say aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
resolution passes.
Senator Skelos.
SENATOR SKELOS: Mr. President,
are there any substitutions at the desk?
2378
ACTING PRESIDENT MORAHAN: Yes,
there are.
SENATOR SKELOS: If we could make
them at this time.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: On page 4,
Senator Hoffmann moves to discharge, from the
Committee on Agriculture, Assembly Bill Number
9470A and substitute it for the identical
Senate Bill Number 6197A, First Report
Calendar 1067.
On page 28, Senator Morahan moves
to discharge, from the Committee on Veterans,
Homeland Security and Military Affairs,
Assembly Bill Number 10076B and substitute it
for the identical Senate Bill Number 3045B,
Third Reading Calendar 615.
On page 35, Senator Volker moves to
discharge, from the Committee on Education,
Assembly Bill Number 9724 and substitute it
for the identical Senate Bill Number 6134,
Third Reading Calendar 761.
And on page 54, Senator Padavan
moves to discharge, from the Committee on
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Cities, Assembly Bill Number 9610B and
substitute it for the identical Senate Bill
Number 6430A, Third Reading Calendar 981.
ACTING PRESIDENT MORAHAN:
Substitutions ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator LaValle, I
wish to call up Senate Print Number 924D,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
23, by Senator LaValle, Senate Print 924D, an
act to amend the Highway Law.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT MORAHAN: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
2380
SENATOR FUSCHILLO: I now offer
the following amendments.
ACTING PRESIDENT MORAHAN: The
amendments are received.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Golden, on
page number 50 I offer the following
amendments to Calendar Number 946, Senate
Print Number 3961A, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator LaValle, on
page number 58 I offer the following
amendments to Calendar Number 1022, Senate
Print Number 282, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FUSCHILLO: Mr.
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President, on behalf of Senator Golden, on
page number 48 I offer the following
amendments to Calendar Number 926, Senate
Print Number 6655, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FUSCHILLO: Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial reading
of the calendar.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
294, by Senator Leibell, Senate Print 4340, an
act to amend the Not-For-Profit Corporation
Law, in relation to dissolution.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 7. This
2382
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
330, by Senator Skelos, Senate Print 2124B, an
act to amend the Retirement and Social
Security Law, in relation to allowing.
ACTING PRESIDENT MORAHAN: 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 MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MORAHAN: The
bill is passed.
2383
THE SECRETARY: Calendar Number
615, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
10076B, an act to amend the Executive Law and
the Public Health Law, in relation to
identification.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the 90th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
663, by the Assembly Committee on Rules,
Assembly Print Number 10967, an act to amend
the Estates, Powers and Trusts Law.
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MORAHAN: The
2384
bill is laid aside for the day.
THE SECRETARY: Calendar Number
681, by Senator Wright, Senate Print 6141A, an
act to amend the Agriculture and Markets Law,
in relation to food containing milk protein
concentrates.
SENATOR SABINI: Lay it aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
738, by Senator Saland, Senate Print 6178, an
act to amend the Criminal Procedure Law, in
relation to consideration.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MORAHAN: The
2385
bill is passed.
THE SECRETARY: Calendar Number
749, by Senator Kuhl, Senate Print 4915, an
act to amend the Vehicle and Traffic Law, in
relation to knowingly operating.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 50. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
773, by the Senate Committee on Rules, Senate
Print Number 3984, an act to amend the General
Municipal Law, in relation to bureaus.
ACTING PRESIDENT MORAHAN: There
is a home-rule message at the desk.
2386
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
785, by Senator Nozzolio, Senate Print 3216 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
851, by Senator Morahan, Senate Print 3048, an
act to amend the Penal Law, in relation to
providing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
2387
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
854, by Senator Padavan, Senate Print 5507 --
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
921, by Senator Rath, Senate Print 6711, an
act to amend the Social Services Law, the
Executive Law, and the State Finance Law.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 14. This
act shall take effect on the first of
December.
ACTING PRESIDENT MORAHAN: Call
the roll.
2388
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 51.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
938, by Senator Farley, Senate Print 1070A, an
act to amend the Executive Law, in relation to
designation of August 7th as Family Day, a day
of commemoration.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 52. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
2389
939, by Senator Trunzo, Senate Print 1777, an
act to amend the Executive Law, in relation to
requiring state agencies.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
956, by Member of the Assembly Schimminger,
Assembly Print Number 10436, an act to amend
the Public Officers Law, in relation to
indemnification.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
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the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 52. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
1053, by Senator Skelos, Senate Print 7198, an
act to amend the Real Property Tax Law, in
relation to adjusted base proportions.
SENATOR SCHNEIDERMAN: Lay it
aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Can we go to the
controversial reading.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
681, by Senator Wright, Senate Print 6141A, an
act to amend the Agriculture and Markets Law,
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in relation to food containing milk protein
concentrates.
SENATOR SABINI: Explanation.
ACTING PRESIDENT MORAHAN:
Senator Wright, an explanation has been
requested.
SENATOR WRIGHT: Thank you, Mr.
President.
The bill amends the ag and market
laws relative to labeling for MPCs, or milk
protein concentrates. It's very similar in
concept to legislation this house and the
Assembly adopted unanimously last year, only
to be vetoed by the Governor.
The veto was because of some
technical definitions that we had in the bill.
We have worked with Ag and Markets to resolve
those, and therefore are advancing this
legislation.
ACTING PRESIDENT MORAHAN:
Senator Sabini.
SENATOR SABINI: Mr. President,
if the sponsor would yield for a question.
ACTING PRESIDENT MORAHAN:
Senator Wright, will you yield?
2392
SENATOR WRIGHT: I will, Mr.
President.
ACTING PRESIDENT MORAHAN: The
Senator yields.
SENATOR SABINI: My question goes
to the concern -- and I raised this concern
last year, ultimately voting for similar
legislation. But I understand that some of
the product that we're seeking to sort of harm
is imported from other countries and therefore
would, you know, not help New York's dairy
industry.
But at the same time, it seems to
me that the products that are created with
this caseins and protein concentrates and
nonfat milk solids, that those products being
on the market have helped increase consumption
of dairy products.
And are we not in some way, by
adding an extra labeling requirement -- and
for my colleagues that don't know, dairy
products are probably the most labeled
products there are, with the exception of wine
and spirits -- aren't we hurting the sale of
those products by sort of dissuading people
2393
from marketing them?
SENATOR WRIGHT: No, I don't
believe we're harming anything. Nor is it our
intention, Senator, to harm anything. Our
intention is to simply ensure that the product
accurately reflects the contents of that
product.
SENATOR SABINI: Will the sponsor
further yield, Mr. President, through you.
ACTING PRESIDENT MORAHAN:
Senator Wright, will you continue to yield?
SENATOR WRIGHT: I will continue
to yield.
ACTING PRESIDENT MORAHAN: The
Senator yields.
SENATOR SABINI: Could you just
tell us what -- outline some of the products
that this would affect?
SENATOR WRIGHT: Well, it
provides that the food shall be misbranded if
it contains milk protein concentrates,
caseinates, or added casein and is not labeled
as containing such substance.
You will find it in various types
of cheeses, processed sauces, spreads, dips,
2394
whipped cream, soups, yogurts, whiteners,
imitation milks. The list can go on and on.
SENATOR SABINI: Mr. President,
on the bill.
ACTING PRESIDENT MORAHAN:
Senator Sabini.
SENATOR SABINI: I had a colloquy
last year, I believe, in committee with
Senator Hoffmann on this bill as well. And I
guess I'm convinced that the merits outweigh
the negatives on this.
But I am concerned that in doing
this protectionist measure, for lack of a
better word, that we are in effect sort of
harming the marketing of different dairy
products that have helped the dairy industry
gain a stronger foothold in America's diet.
So I will support this with
reservation. Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Sabini.
Does any other Senator wish to be
heard?
The Secretary will read the last
section.
2395
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
785, by Senator Nozzolio, Senate Print 3216,
an act to amend the Executive Law and others,
in relation to access to records.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MORAHAN:
Senator Nozzolio, an explanation has been
requested.
SENATOR NOZZOLIO: Mr. President,
who requested the explanation?
ACTING PRESIDENT MORAHAN: I
believe it was Senator Montgomery.
SENATOR NOZZOLIO: Thank you, Mr.
President. I'd be glad to explain this
measure.
2396
The purpose of this bill authorizes
the Crime Victims Board to access certain
records that are normally sealed -- those are
Family Court records and records obtained by
the Statewide Central Registry of Child
Abuse -- when in fact there is a claim for
crime victims compensation.
A catch-22 exists under current law
because those who are seeking compensation,
those who are victimized by crime seeking
compensation from the Crime Victims Board, the
Crime Victims Board cannot adequately verify
the claim made by the crime victim because the
records of the particular tribunal are sealed.
This for the purposes only of
obtaining records for compensation by victims.
The Crime Victims Board would be able to
access those certain records to determine the
validity of a crime victim's claim.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Nozzolio.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, thank
you, Mr. President. I want to comment on the
legislation, on the bill.
2397
ACTING PRESIDENT MORAHAN: On the
bill.
SENATOR MONTGOMERY: All right.
I thank Senator Nozzolio for that
explanation which I requested. And I wanted
to just find out if there were any changes in
the legislation, and there don't appear to be.
So I have responded to this bill in
the past, and I will just reiterate some of
the points that I have made prior.
I don't see the relationship
between having a sealed record and the Victims
Board compensating a person for a crime that
has been committed. I wasn't aware that the
Crime Victims Board compensates people for
something that has been sealed and dispensed
with by the courts already.
I do, however, want to point out to
my colleagues that this bill goes very, very
far in looking to unseal records, particularly
of juveniles, where, based on the law that we
now have as it relates to sealed records,
those records are sealed in order to give
young people a second chance, hopefully.
But this bill would provide the
2398
board access to Family Court records in cases
where a criminal action or proceeding was
resolved in favor of the accused. It would
open up records to the board for actions for
noncriminal offenses, for youthful offender
adjudication cases, a proceeding that where
the decision was made in favor of the
respondent, as well as any disposition
involving a juvenile delinquency proceeding.
Now, these are part of the
legislation as delineated in the sponsor's
memo and as we find in the legislation. So
Senator Nozzolio agrees that he is in fact
unsealing -- proposing to unseal records for
juveniles in cases where they were even judged
not to be guilty or the decision was in favor
of that young person.
So it is not really -- I can't
figure out what the purpose of this is except
to make it much easier for this particular
body to open up records that have been sealed
by the courts. And since this is a precedent
that will be set, it also is a slippery slope,
so that we're now going to have various and
sundry official public bodies looking to
2399
unseal records.
So I continue to be opposed to
this. And I invite my colleagues to join me
in voting no on this legislation, because this
clearly goes against all that we in our state,
and hopefully in our nation, all that we
believe to be a promise, that if the court
seals a record those records should remain
sealed except for a very, very narrow group of
officials who may need to have those records
unsealed, but certainly not the Crime Victims
Board.
Mr. President, I'll vote no on
this.
ACTING PRESIDENT MORAHAN:
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. Through you, if the sponsor
would yield.
ACTING PRESIDENT MORAHAN:
Senator Nozzolio, will you yield for a
question?
SENATOR NOZZOLIO: Yes, Mr.
President.
ACTING PRESIDENT MORAHAN:
2400
Senator Nozzolio yields, Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
So I listened to your explanation
and Senator Montgomery's concerns, and I do
think I understand why the Crime Victims Board
would need to document facts for the victim.
But these are sealed records.
So I'm wondering whether -- or what
would prevent us from passing an amended
version of your bill where the information was
redacted as far as the identity of the person.
Because in these cases it's not a question of
the guilt of the person in the records,
because these are sealed records and in many
cases they may not have been found guilty.
But rather, from reading your
explanation in your memo, the concern is that
the board needs information as it was
collected by various agencies as to the
confirmation of a crime against the victim,
not necessarily relevant to who was or was not
ever found guilty of the crime. You could
have the right to compensation as a victim
even if we never found the perpetrator.
2401
So would it not meet the same needs
of the Crime Victims Board if these types of
documents were redacted as far as the
identification of the young person?
SENATOR NOZZOLIO: Thank you for
asking that question, Senator.
Through the chair, let me say, Mr.
President, that this measure does in fact
determine victim eligibility and that the
information is to be shared with the Crime
Victims Board for the sole purpose of
determining whether a victim is eligible for
compensation.
It doesn't concern itself with the
perpetrator of the crime. That page 2 and 3
of this measure, lines 34 and 35 on page 2,
lines 27 and 28 on page 3, deal with the
express provision that the Crime Victims Board
is seeking this information for the sole
purpose of determining victim eligibility.
It's not for publication. It's not
for promotion of the perpetrator's experience.
It's for the sole purpose of determining
whether an individual who is applying to the
Crime Victims Board for compensation is in
2402
fact eligible. And this information may very
well be the only information that
substantiates the case that a claimant --
here, in fact, the crime victim -- is in fact
eligible for compensation.
Senator Montgomery's dissertation
boggles my mind. That how you could infer
that the obtaining of this information, where
a crime victim goes before the Crime Victims
Board, applies for compensation, the Crime
Victims Board currently cannot verify, in
circumstances where those court records are
sealed, whether or not a victim is in fact a
victim. That the information is used under
this statute for the express role of the Crime
Victims Board to ascertain whether or not a
victim is so victimized.
There is no other way that the
Crime Victims Board would be seeking that
information. And the legislation expressly
allows the eligibility of this record to be
opened only, in fact, when the applicant to
the Crime Victims Board needs that
information.
ACTING PRESIDENT MORAHAN: Thank
2403
you, Senator.
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
On the bill, Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I certainly understand the sponsor,
Senator Nozzolio's passion about the need to
assure that the Crime Victims Board can
properly assess victim compensation claims.
But I also don't agree with his
analysis of Senator Montgomery's concern for
respecting the importance of having laws to
seal records, particularly for people who may
never have been found guilty of anything.
And while it is true this is not
for publication, as Senator Nozzolio said, the
broader you open up sealed records to outside
sources, even another government entity, the
more likely that information is to get out in
ways that perhaps no one intended it to.
And again, your answer to my
question leads me to believe that an amended
version of this bill that redacted the
2404
information about the individual and their
identifying numbers, probably Social Security
or case numbers, would in fact meet
everybody's needs.
The Crime Victims Board would get
the kind of records they need to ensure the
facts of the actual crime against the victim.
The person or people who had sealed records
under existing laws that are there for good
reasons would not have to fear that
information that is sealed and should be
sealed got out in various ways, that there's
no need to get those materials out there to
the public or to others who ought not have it.
And that we could come to an
agreement on this bill, a bill that doesn't
yet have an Assembly sponsor and apparently
has been discussed here off and on since 1993,
that we might actually be able to get an
agreement between the two houses if we
considered redacting the personal information
on the sealed records, and it might meet
everyone's needs.
So I will vote for your bill,
Senator Nozzolio, as I voted for it last year,
2405
but would like again to go on the record and
urge you to consider an amendment to redact
the information about the individual
identities in sealed records, in hopes that
your goal of getting a law passed in two
houses might be accomplished if we explored
this option.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Krueger.
Does any other Senator wish to be
heard on the bill?
Read the last section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
Senator Montgomery, to explain her
vote.
SENATOR MONTGOMERY: Yes, Mr.
President.
I would just like to reiterate that
2406
based on the memo from the sponsor of the
bill, we're talking here cases that were
terminated in noncriminal proceedings. We're
also talking about convictions for noncriminal
offenses. We're talking about unsealing
records following a youthful offender
adjudication -- proceedings in favor of the
respondent.
So by virtue of this, the
explanation in the memo from our sponsor,
there's clearly an intent to unseal records
even in cases where there was no crime
committed.
So in those instances in
particular, there would not be eligibility,
obviously. So I think that this goes far --
we need to think about this very carefully.
And no matter whatever people say
about how neutral these bills are, these bills
are always to help someone. But by the same
token, they hurt a lot of other people. And
many of those people who are going to be hurt
by this process, this door opening, are going
to be people who live in my district and other
districts like mine, especially in urban areas
2407
around this state.
So I absolutely reject the notion
that this is simply to help the crime victim.
Because clearly the legislation seeks to open
records which have been sealed and there was
no crime involved.
So, Mr. President, I vote no.
ACTING PRESIDENT MORAHAN:
Senator Montgomery will be recorded in the
negative.
Senator Volker, to explain his
vote.
SENATOR VOLKER: To explain my
vote.
Senator, I think you're absolutely
right. It will hurt some people in your
district if this didn't happen, because most
of the people that commit crimes in your
district of this nature commit it on your
constituents.
The problem here with what you're
saying is that you won't let the Crime Victims
Board see that there has been a wrong done to
a person. Whether the person is exonerated or
not, the records will show that a victim of a
2408
crime, even -- because one of the things you
have to recognize is in our society a lot of
people who commit crimes don't get convicted.
They still committed crimes. It's no secret.
The problem is if we don't do this
sort of thing and it has happened, a lot of
victims cannot collect. And that's wrong.
The only reason for unsealing has nothing to
do with the criminal or the victims or
whatever it is, it's to help the people who
got hurt.
Why should we, in a situation such
as where -- and most people -- and this is
New York City. And in New York City it's no
secret that everything is pled out.
Seriously. I mean, it's -- so that a lot of
people who are victimized can't collect
anything. And that's wrong. That's why we
have a crime victims fund. This has nothing
to do with the criminals themselves or
noncriminals or the -- this has to do with the
victims.
And I'm afraid, Senator, that
you're going to find out that it's your
constituents, just as mine and yours, who get
2409
victimized by the fact that we can't get to
this information. Not because we want to know
who did it, but because we want to know what
was done and be able to have people who were
victimized compensated.
And that's what this is all about.
It's not about opening up records. It's about
allowing victimized people, whether the person
is convicted or not or whether they get
youthful offender or whatever it is, to be
able to be compensated.
I vote aye.
SENATOR MONTGOMERY: Mr.
President, I would just like to respond.
ACTING PRESIDENT MORAHAN:
Senator, you've already explained your vote.
SENATOR SKELOS: I believe
Senator Montgomery has explained her vote.
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 785 are
Senators Andrews, Brown, Dilán,
Hassell-Thompson, and Montgomery. Ayes, 54.
Nays, 5.
2410
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
854, by Senator Padavan, Senate Print 5507, an
act to amend --
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
1053, by Senator Skelos, Senate Print 7198, an
act to amend the Real Property Tax Law --
SENATOR LIZ KRUEGER:
Explanation, please.
ACTING PRESIDENT MORAHAN:
Senator Skelos, an explanation has been asked
for by Senator Krueger.
SENATOR SKELOS: Thank you, Mr.
President.
This bill was introduced at the
request of the City of Long Beach to allow the
city to reduce the shift of their two classes,
which is currently occurring, limit it from
2411
5 percent to 1 percent. Very similar to what
is done for New York City and Nassau County.
This would apply to the City of Long Beach.
ACTING PRESIDENT MORAHAN:
Senator Krueger.
SENATOR LIZ KRUEGER: Thank you,
Mr. President. If the sponsor would please
yield.
ACTING PRESIDENT MORAHAN:
Senator Skelos, will you yield?
SENATOR SKELOS: I do.
ACTING PRESIDENT MORAHAN: The
Senator yields.
SENATOR LIZ KRUEGER: Thank you.
Senator, about a month ago, maybe
less, we passed another bill that was for
Nassau County, and it limited to a 2 percent
increase.
And so what confused me was this
appeared to be a parallel type of bill for
just a smaller area of Nassau County, but in
that town, I believe you just said, Long
Beach. It's just one town, as I understand
from your explanation.
SENATOR SKELOS: City. Long
2412
Beach is a city.
SENATOR LIZ KRUEGER: One city,
excuse me. Their adjustment would go up no
more than 1 percent. Why 1 percent for them
and 2 percent for the rest of --
SENATOR SKELOS: Because the
school districts requested 2 percent and the
City of Long Beach requested 1 percent.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if the sponsor would
continue to yield.
ACTING PRESIDENT MORAHAN:
Senator Skelos, will you continue to yield?
SENATOR SKELOS: Yes, I do.
ACTING PRESIDENT MORAHAN:
Senator Krueger, he yields.
SENATOR LIZ KRUEGER: Thank you,
Mr. President.
I also understand, either from the
memo -- I believe from the memo that there
would be no fiscal implications from this
change. I would think every time we change a
tax rate or an assessment rate, somebody has a
fiscal -- that there's an implication for
somebody at the fiscal level, local, I would
2413
assume. Could you clarify why there's no
fiscal effect from this bill, fiscal impact?
SENATOR SKELOS: Could you
restate that?
SENATOR LIZ KRUEGER: Sure. I
apologize. Mr. President, through you, I'm
just pulling open the memo. Excuse me.
SENATOR SKELOS: Senator Krueger,
this has been requested by the city manager of
the City of Long Beach. And I have the letter
right here, if you'd like to look at it.
SENATOR LIZ KRUEGER: I
appreciate it.
To clarify my question, Mr.
President, the memo on the bill said that
there's no fiscal implication for the
locality. And I would assume, when you change
an assessment and a tax rate, that there would
be a fiscal assessment.
I'm not debating that the locality
may have asked for it. I just make the
assumption that we should double-check that
there would be some fiscal impact from
changing an assessment rate for a locality.
SENATOR SKELOS: It's the same
2414
amount of money that the locality will be
receiving, if that's your question. It just
will be distributed differently between the
two classes.
SENATOR LIZ KRUEGER: Okay.
Thank you, Mr. President. Thank you.
ACTING PRESIDENT MORAHAN: Thank
you, Senator Krueger.
Thank you, Senator Skelos.
Any other Senator wish to be heard?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MORAHAN:
Announce the results.
THE SECRETARY: Ayes, 59.
ACTING PRESIDENT MORAHAN: The
bill is passed.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MORAHAN:
Senator Skelos, there is no housekeeping at
2415
the desk.
SENATOR SKELOS: There being no
further business to come before the Senate, I
move we stand adjourned until Wednesday,
May 12th, at 11:00 a.m.
ACTING PRESIDENT MORAHAN: On
motion by Senator Skelos, the Senate will
stand adjourned until Wednesday, May 12th, at
11:00 a.m.
(Whereupon, at 3:54 p.m., the
Senate adjourned.)