Regular Session - May 20, 2004

    

 
                                                        2577



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               May 20, 2004

                                11:04 a.m.





                              REGULAR SESSION







            LT. GOVERNOR MARY O. DONOHUE, President

            STEVEN M. BOGGESS, Secretary















                                                        2578



                           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,

                 Wednesday, May 19, the Senate met pursuant to

                 adjournment.  The Journal of Tuesday, May 18,

                 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.



                                                        2579



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Thank you,

                 Madam President.

                            On behalf of Senator Golden, I move

                 that the following bill on order of first

                 report be committed to the Committee on

                 Finance:  Senate Print Number 6005A, Senator

                 Golden is the sponsor, Calendar Number 1282.

                            THE PRESIDENT:    So ordered.

                            SENATOR FUSCHILLO:    Madam

                 President, amendments are offered to the

                 following Third Reading Calendar bills:

                            Sponsored by Senator Skelos, page

                 number 33, Calendar Number 301, Senate Print

                 Number 5902;

                            By Senator Flanagan, page number

                 41, Calendar Number 479, Senate Print Number

                 5403;

                            By Senator Mendez, page number 69,



                                                        2580



                 Calendar Number 994, Senate Print Number

                 5349A;

                            By Senator Skelos, page number 76,

                 Calendar Number 1083, Senate Print Number

                 6143A;

                            And by Senator Balboni, page number

                 85, Calendar Number 1170, Senate Print Number

                 7197.

                            I now move that these bills retain

                 their place on the order of Third Reading

                 Calendar.

                            THE PRESIDENT:    The amendments

                 are received, and the bills will retain their

                 place on the Third Reading Calendar.

                            SENATOR FUSCHILLO:    Thank you.

                            THE PRESIDENT:    You're welcome.

                            Senator Bonacic.

                            SENATOR BONACIC:    Good morning,

                 Madam President.

                            THE PRESIDENT:    Good morning,

                 Senator.

                            SENATOR BONACIC:    Are there any

                 substitutions at the desk?

                            THE PRESIDENT:    Yes, there are.

                            SENATOR BONACIC:    If we could



                                                        2581



                 make them at this time.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    On page 6,

                 Senator Hoffmann moves to discharge, from the

                 Committee on Tourism, Recreation and Sports

                 Development, Assembly Bill Number 676 and

                 substitute it for the identical Senate Bill

                 Number 193, First Report Calendar 1206.

                            On page 6, Senator McGee moves to

                 discharge, from the Committee on Finance,

                 Assembly Bill Number 6679A and substitute it

                 for the identical Senate Bill Number 2808A,

                 First Report Calendar 1209.

                            On page 6, Senator Saland moves to

                 discharge, from the Committee on Finance,

                 Assembly Bill Number 6035 and substitute it

                 for the identical Senate Bill Number 3333,

                 First Report Calendar 1210.

                            On page 6, Senator Spano moves to

                 discharge, from the Committee on Finance,

                 Assembly Bill Number 3881 and substitute it

                 for the identical Senate Bill Number 4395,

                 First Report Calendar 1212.

                            On page 7, Senator Rath moves to



                                                        2582



                 discharge, from the Committee on Finance,

                 Assembly Bill Number 4881 and substitute it

                 for the identical Senate Bill Number 6130,

                 First Report Calendar 1221.

                            On page 9, Senator Flanagan moves

                 to discharge, from the Committee on Finance,

                 Assembly Bill Number 2645A and substitute it

                 for the identical Senate Bill Number 7066,

                 First Report Calendar 1233.

                            On page 9, Senator Alesi moves to

                 discharge, from the Committee on

                 Transportation, Assembly Bill Number 903 and

                 substitute it for the identical Senate Bill

                 Number 118, First Report Calendar 1237.

                            On page 9, Senator Skelos moves to

                 discharge, from the Committee on

                 Transportation, Assembly Bill Number 996A and

                 substitute it for the identical Senate Bill

                 Number 1020A, First Report Calendar 1239.

                            On page 10, Senator Farley moves to

                 discharge, from the Committee on

                 Transportation, Assembly Bill Number 2823A and

                 substitute it for the identical Senate Bill

                 Number 1344A, First Report Calendar 1240.

                            On page 10, Senator Kuhl moves to



                                                        2583



                 discharge, from the Committee on

                 Transportation, Assembly Bill Number 613 and

                 substitute it for the identical Senate Bill

                 Number 6717, First Report Calendar 1247.

                            On page 10, Senator Seward moves to

                 discharge, from the Committee on

                 Transportation, Assembly Bill Number 10040A

                 and substitute it for the identical Senate

                 Bill Number 6854, First Report Calendar 1249.

                            On page 12, Senator Spano moves to

                 discharge, from the Committee on Civil Service

                 and Pensions, Assembly Bill Number 8099 and

                 substitute it for the identical Senate Bill

                 Number 2729, First Report Calendar 1268.

                            On page 13, Senator Robach moves to

                 discharge, from the Committee on Civil Service

                 and Pensions, Assembly Bill Number 4356 and

                 substitute it for the identical Senate Bill

                 Number 3886, First Report Calendar 1274.

                            On page 14, Senator Volker moves to

                 discharge, from the Committee on Civil Service

                 and Pensions, Assembly Bill Number 9544 and

                 substitute it for the identical Senate Bill

                 Number 6010, First Report Calendar 1283.

                            On page 14, Senator Robach moves to



                                                        2584



                 discharge, from the Committee on Civil Service

                 and Pensions, Assembly Bill Number 5921 and

                 substitute it for the identical Senate Bill

                 Number 6366, First Report Calendar 1286.

                            On page 16, Senator Flanagan moves

                 to discharge, from the Committee on Commerce,

                 Economic Development and Small Business,

                 Assembly Bill Number 345 and substitute it for

                 the identical Senate Bill Number 6689, First

                 Report Calendar 1308.

                            On page 17, Senator Marcellino

                 moves to discharge, from the Committee on

                 Environmental Conservation, Assembly Bill

                 Number 8457 and substitute it for the

                 identical Senate Bill Number 4132, First

                 Report Calendar 1314.

                            On page 17, Senator Alesi moves to

                 discharge, from the Committee on Environmental

                 Conservation, Assembly Bill Number 1005 and

                 substitute it for the identical Senate Bill

                 Number 5667, First Report Calendar 1316.

                            On page 19, Senator Kuhl moves to

                 discharge, from the Committee on Local

                 Government, Assembly Bill Number 7081A and

                 substitute it for the identical Senate Bill



                                                        2585



                 Number 2232A, First Report Calendar 1329.

                            On page 19, Senator Breslin moves

                 to discharge, from the Committee on Local

                 Government, Assembly Bill Number 6256B and

                 substitute it for the identical Senate Bill

                 Number 2733B, First Report Calendar 1331.

                            On page 19, Senator DeFrancisco

                 moves to discharge, from the Committee on

                 Local Government, Assembly Bill Number 2214

                 and substitute it for the identical Senate

                 Bill Number 3396, First Report Calendar 1333.

                            And on page 31, Senator LaValle

                 moves to discharge, from the Committee on

                 Consumer Protection, Assembly Bill Number

                 8589A and substitute it for the identical

                 Senate Bill Number 4428B, Third Reading

                 Calendar 260.

                            THE PRESIDENT:    Substitutions

                 ordered.

                            Senator Bonacic.

                            SENATOR BONACIC:    Madam

                 President, there's a resolution, 5132, at the

                 desk by Senator Larkin.  May we please have

                 the title read and move for its immediate

                 adoption.



                                                        2586



                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Larkin, Legislative Resolution Number 5132

                 mourning the death of Vincent N. Brescia,

                 distinguished citizen and devoted member of

                 his community.

                            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 Bonacic.

                            SENATOR BONACIC:    Madam

                 President, there is a resolution, 5135, at the

                 desk by Senator Little.  May we please have

                 the title read and move for its immediate

                 adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Little, Legislative Resolution Number 5135,

                 commemorating the 100th Anniversary of Ridge



                                                        2587



                 Road Wesleyan Church of Queensbury, New York.

                            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 Bonacic.

                            SENATOR BONACIC:    Madam

                 President, there is another resolution, 4932,

                 at the desk by Senator Ada Smith.  May we

                 please have the title read and move for its

                 immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator A.

                 Smith, Legislative Resolution Number 4932,

                 commemorating the Eighth Anniversary of the

                 Brooklyn Chinese-American Association's

                 Avenue U Senior Center.

                            THE PRESIDENT:    All in favor

                 please signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.



                                                        2588



                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Bonacic.

                            SENATOR BONACIC:    May we please

                 have the noncontroversial reading of the

                 calendar.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 753, by Senator Kuhl, Senate Print 5120, an

                 act to amend the Vehicle and Traffic Law --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 754, by Senator Kuhl, Senate Print 5125, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to overweight permits.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.



                                                        2589



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 49.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 842, by Senator DeFrancisco, Senate Print 323,

                 an act to amend the Criminal Procedure Law, in

                 relation to applications for recognizance or

                 bail.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 30th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE PRESIDENT:    Senator Breslin,

                 to explain your vote?

                            SENATOR BRESLIN:    To explain my

                 vote.

                            Madam President, I am the only one

                 who voted in the negative on this bill last

                 year, and I will continue to do so.  Not

                 because I don't think it's a good bill.  In

                 fact, I think that the substance of the bill

                 is good, because it allows a judge to receive



                                                        2590



                 more information through a psychiatric

                 examination before bail is set.

                            However, albeit small, there is

                 monies to be spent by counties, and it's

                 another unfunded mandate.  And it's a slippery

                 slope.  We continue to do it in this house, we

                 continue to do it throughout the full

                 Legislature.  And on that reason and that

                 reason alone, my vote is no.

                            THE PRESIDENT:    You will be so

                 recorded as voting in the negative, Senator

                 Breslin.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Ayes, 49.  Nays,

                 1.  Senator Breslin recorded in the negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 861, by Senator Spano, Senate Print 6665, an

                 act to amend the Tax Law, in relation to

                 extending the statute of limitations.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 5.  This



                                                        2591



                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 925, by Senator LaValle, Senate Print 6555, an

                 act to amend the Education Law, in relation to

                 the Board of Trustees.

                            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, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 958, by Senator Little, Senate Print 6876,

                 an --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid



                                                        2592



                 aside.

                            THE SECRETARY:    Calendar Number

                 1034, by Senator Robach, Senate Print 3900, an

                 act to amend the General Municipal Law, in

                 relation to including police officers.

                            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, 52.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1041, by Senator Robach, Senate Print 6246, an

                 act to amend the Town Law, in relation to the

                 fire district estimates.

                            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, 52.



                                                        2593



                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1045, by Senator Morahan, Senate Print 6461A,

                 an act to authorize the First Timothy

                 Christian Church to file an application.

                            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,

                 1.  Senator Bonacic recorded in the negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1052, by Senator Seward, Senate Print 6955, an

                 act to amend the Real Property Tax Law, in

                 relation to providing a tax exemption.

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number



                                                        2594



                 1103, by the Assembly Committee on Rules,

                 Assembly Print Number 10920, an act to

                 authorize certain health care professionals

                 licensed.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect July 21, 2004.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 52.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1104, by Senator Golden, Senate Print 5516A,

                 an act to amend Chapter 154 of the Laws of

                 1921, relating to the Port Authority of

                 New York and New Jersey.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect upon the enactment into

                 law by the State of New Jersey of legislation.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)



                                                        2595



                            THE SECRETARY:    Ayes, 52.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1110, by Senator Trunzo, Senate Print 995, an

                 act to amend the Criminal Procedure Law, in

                 relation to service of summons.

                            SENATOR BONACIC:    Please have it

                 laid aside for the day.

                            THE PRESIDENT:    The bill is laid

                 aside for the day.

                            THE SECRETARY:    Calendar Number

                 1111, by Senator Volker, Senate Print 1064A,

                 an act to amend the Civil Practice Law and

                 Rules, in relation to requiring disclosure.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 4.  This

                 act shall --

                            SENATOR VOLKER:    Madam President.

                            THE PRESIDENT:    Senator Volker.

                            SENATOR VOLKER:    I know this is a

                 term you haven't heard recently.  But because

                 of a recent communication I just got, can I

                 star the bill, please.



                                                        2596



                            THE PRESIDENT:    The bill will be

                 starred at the request of the sponsor, Senator

                 Volker.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1118, by Senator Skelos, Senate Print 3344A,

                 an act to amend the Penal Law, in relation to

                 assaults at a sports contest.

                            SENATOR SABINI:    Lay it aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 1125, by Member of the Assembly Paulin,

                 Assembly Print Number 10103, an act to amend

                 the Civil Practice Law and Rules, in relation

                 to confidentiality.

                            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, 52.

                            THE PRESIDENT:    The bill is



                                                        2597



                 passed.

                            THE SECRETARY:    Calendar Number

                 1127, by Senator Maziarz --

                            SENATOR SCHNEIDERMAN:    Lay it

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 1136, by the Assembly Committee on Rules,

                 Assembly Print Number 10974, an act to amend

                 the Criminal Procedure Law and the Executive

                 Law, in relation to a special order of

                 conditions.

                            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, 52.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1137, by Senator Alesi, Senate Print 949 --

                            SENATOR SCHNEIDERMAN:    Lay it



                                                        2598



                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 1142, by Senator Nozzolio, Senate Print 6127,

                 an act to amend the Executive Law and Chapter

                 688 of the Laws of 2003.

                            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, 52.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1143, by Member of the Assembly Tocci,

                 Assembly Print Number 9779, an act to amend

                 the Correction Law and the Penal Law, in

                 relation to disseminating.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 60th day.



                                                        2599



                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 52.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 1151, by Senator Leibell, Senate Print 7250,

                 an act to amend the Military Law, in relation

                 to qualifications.

                            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, 52.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Bonacic, that completes the

                 noncontroversial reading of the calendar.

                            SENATOR BONACIC:    May we please

                 return to motions and resolutions, please.

                            THE PRESIDENT:    Motions and

                 resolutions.

                            SENATOR BONACIC:    Yes.  There is



                                                        2600



                 a resolution, 5134, at the desk by Senator

                 Hoffmann.  May we please have the resolution

                 read in its entirety and move for its

                 immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Hoffmann, Legislative Resolution Number 5134,

                 congratulating the Jamesville-DeWitt Boys

                 Basketball Team upon winning the Class A State

                 Championship.

                            "WHEREAS, Excellence and success in

                 competitive sports can be achieved only

                 through strenuous practice, team play and team

                 spirit, nurtured by dedicated coaching and

                 strategic planning; and

                            "WHEREAS, Athletic competition

                 enhances the moral and physical development of

                 the young people of this state, preparing them

                 for the future by instilling them the value of

                 teamwork, encouraging a standard of healthy

                 living, imparting a desire for success, and

                 developing a sense of fair play and

                 competition; and

                            "WHEREAS, The Jamesville DeWitt



                                                        2601



                 Boys Basketball Team are the Class A State

                 Champions; and

                            "WHEREAS, On Sunday, March 21,

                 2004, the Jamesville-DeWitt Boys Basketball

                 Team topped a perfect season for the first

                 state championship in 14 years, a 56-52

                 victory over Amityville; and

                            "WHEREAS, On Saturday, March 27,

                 2004, the Jamesville-DeWitt Boys Basketball

                 Team scripted a perfect ending to a perfect

                 season, winning the Class A federation title

                 with a 78-73 overtime victory against St.

                 Joseph's of Buffalo; and

                            "WHEREAS, The athletic talent

                 displayed by this team is due in great part to

                 the efforts of Coach Bob McKenney and

                 Assistant Coach Lisa McKenney, skilled and

                 inspirational tutors respected for their

                 ability to develop into excellence; and

                            "WHEREAS, The team's overall record

                 of 29-0 is outstanding, and the team members

                 were loyally and enthusiastically supported by

                 family, fans, friends and the community at

                 large; and

                            "WHEREAS, The hallmarks of the



                                                        2602



                 Jamesville-DeWitt Boys Basketball Team, from

                 the opening game of the season to

                 participation in the state championship, were

                 a brotherhood of athletic ability, of good

                 sportsmanship, of honor and of scholarship,

                 demonstrating that these team players are

                 second to none; and

                            "WHEREAS, Athletically and

                 academically, the team members have proven

                 themselves to be an unbeatable combination of

                 talents, reflecting favorably upon their

                 school; and

                            "WHEREAS, Coach Bob and Assistant

                 Coach Lisa McKenney have done a superb job in

                 guiding, molding, and inspiring the team

                 members towards their goals; and

                            "WHEREAS, Sports competition

                 instills the value of teamwork, pride and

                 accomplishment, and Coach Bob McKenney and

                 Assistant Coach Lisa McKenney and these

                 outstanding athletes have clearly made a

                 contribution to the spirit of excellence which

                 is a tradition of their school; now,

                 therefore, be it

                            "RESOLVED, That this Legislative



                                                        2603



                 Body pause in its deliberations to

                 congratulate the Jamesville-DeWitt Boys

                 Basketball Team, its members -- Jeremy Black,

                 Manny Karam, Brian Becker, Reggie Flynn, Andy

                 Rautins, Ari Greenberg, John Romano, Mike

                 Triche, Zach Drescher, Justin Stern, Spencer

                 Traino, Chris Vieau, Andrew Cottet, and Corey

                 Chavers -- and Coach Bob McKenney and

                 Assistant Coach Lisa McKenney on their

                 outstanding season and overall team record;

                 and be it further

                            "RESOLVED, That copies of this

                 resolution, suitably engrossed, be transmitted

                 to the Jamesville-DeWitt Boys Basketball Team

                 and to Coach Bob McKenney and Assistant Coach

                 Lisa McKenney."

                            THE PRESIDENT:    Senator Hoffmann.

                            SENATOR HOFFMANN:    Thank you,

                 Madam President.

                            I want to thank all of my

                 colleagues for allowing us to bring this

                 privileged resolution to the floor today.

                            And it is indeed a privilege to not

                 only extol the virtues of this wonderful team,

                 but to welcome them to our chambers today, as



                                                        2604



                 I know you will, Madam President, following

                 comments from several of my colleagues who

                 also share an interest in this team.

                            In the Syracuse area, we take

                 basketball very seriously.  And we are used to

                 some significant victories.  And last year,

                 when we celebrated the national championship

                 with the Syracuse University Orangemen, we

                 developed a sense of excitement that just kept

                 on rolling and was exceeded this year when

                 this fine group of young men achieved their

                 state championship as well.

                            The entire Syracuse area loved

                 waking up in the morning to see the newspaper

                 headlines that read about the greatest

                 victories of the undefeated Jamesville team:

                 "Rams Use Two Routes to Reach Glens Falls,"

                 "J-D Has Easy Time in Regional Finals," "J-D

                 Torches Burnt Hills," "J-D Returns to State,

                 This Time as No. 1," "J-D One Away from the

                 Title," and then finally that headline that

                 everybody smiled to see, "Jamesville-DeWitt

                 Champs, Baby."  And there they were on the

                 front page of the Syracuse papers, something

                 that they will cherish all of their lives, as



                                                        2605



                 will everybody in the greater Syracuse

                 community.

                            But there is another interesting

                 part to this story that we'd be very

                 hard-pressed to find more drama and

                 heartwarming human interest anyplace else.

                 Because while the team was going through its

                 final victory rally, the coach's wife, who is

                 also the assistant coach, was in the final

                 weeks of her pregnancy.

                            And as the team made its way back

                 by bus to Syracuse, Assistant Coach McKenney

                 went directly to the hospital, and the team

                 bus stopped at the hospital on their way home

                 to Jamesville-DeWitt so that they could drop

                 off the coach to be there with his wife for

                 the birth of their new baby.

                            So it is with extreme pleasure that

                 we welcome all of the McKenneys here today,

                 Principal Paul Gasparini, Athletic Trainer

                 Heather Santillo, Administrator Bill Brown,

                 the athletic director, the rest of the

                 coaches -- including one that is well known to

                 another one of my colleagues.  Eric Ormond and

                 Charlie Falgiatano are both here, along with



                                                        2606



                 the McKenneys.  And the names of all the team

                 members have already been read.

                            So you bring us great happiness,

                 gentlemen and ladies, and we are especially

                 thrilled to have you with us on this beautiful

                 day.  Thank you for giving us the excitement

                 of your victory.  We're very proud of you.

                 And in all of your life's activities, you will

                 have that undeniable message that teamwork

                 really does pay off.

                            Congratulations, gentlemen.

                            THE PRESIDENT:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    Thank you,

                 Madam President.

                            I too rise to congratulate this

                 great team.  It's undefeated, it's my

                 understanding -- an undefeated season, won a

                 couple of games at the end in overtime,

                 couldn't have been more dramatic other than

                 the birth.

                            I think Charlie just made it to the

                 hospital in time.  Is that right, Charlie was

                 driving?  No?  Well, Charlie was driving the

                 car, I think.



                                                        2607



                            But Charlie Falgiatano, who used to

                 work in these chambers as an assistant to me,

                 who also is in my law office right now --

                 where he should be working, rather than being

                 up there, quite frankly.

                            (Laughter.)

                            SENATOR DeFRANCISCO:    But it's a

                 wonderful, wonderful tribute to all of you.

                 There is nothing like a team sport, nothing

                 like a championship, nothing like how you all

                 came together under great leadership.

                            And you will -- believe me, you're

                 going to do a lot of things in your lives.

                 You're all leaders, I'm sure.  But nothing

                 will ever take away this memory.  It's going

                 to be something you'll take with you forever.

                            And when you look to the left and

                 the right, these are your friends forever.

                 Forever.  Other relationships will come and

                 go, but these are your friends forever.

                            So congratulations.  It's a

                 wonderful job.  And let's see if you can do it

                 again next year.

                            Thank you.

                            THE PRESIDENT:    All in favor of



                                                        2608



                 the resolution please signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            On behalf of the Senate,

                 congratulations.

                            (Applause.)

                            THE PRESIDENT:    Senator Bonacic.

                            SENATOR BONACIC:    Thank you,

                 Madam President.  May we now have the

                 controversial reading of the calendar.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 753, by Senator Kuhl, Senate Print 5120, an

                 act to amend the Vehicle and Traffic Law.

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            THE PRESIDENT:    Senator Kuhl, an

                 explanation has been requested.

                            SENATOR KUHL:    Thank you, Madam

                 President.

                            This bill is a very simple bill.



                                                        2609



                 It simply removes an annual mandate on the

                 Department of Motor Vehicles, or a request of

                 them to do an audit of all those insured

                 within their department.

                            THE PRESIDENT:    Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Madam President.  If the sponsor would yield,

                 please.

                            THE PRESIDENT:    Senator Kuhl,

                 will you yield for a question?

                            SENATOR KUHL:    Yes.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR LIZ KRUEGER:    Thank you.

                            And I'll start off by pointing out,

                 Senator, I did vote for this bill last year,

                 and then I did a little more homework since

                 then.

                            So my understanding is that we

                 actually passed this system into law in the

                 year 2000 in order to close a loop of a

                 problem that was out there for up to

                 10 million motorists per year in the state of

                 New York so that we could ensure that the DMV

                 is now electronically notified by all auto



                                                        2610



                 insurance companies of both the adds to

                 insurance and the drops from their insurance

                 coverage for every motor vehicle insured in

                 the state.  And that prior to the law,

                 insurance companies were only required to

                 notify DMV when they dropped someone from

                 insurance, not when they added.

                            And so previous to the law that we

                 passed, the burden to notify the DMV was

                 actually on the consumer when they purchased

                 new insurance for their vehicle.

                            I also looked into this and learned

                 that this process seems to be working very

                 well.  I think that people feel that we did

                 the right thing in passing the law in 2000, or

                 implementing it as of 2000, excuse me.  This

                 process ensures that DMV and insurance

                 companies are using modern databases to

                 cross-check who's added to the insurance rolls

                 and who's subtracted from the insurance rolls.

                            So I'm wondering why we would so

                 quickly want to change that law and go to a

                 model where it was at the discretion of DMV

                 rather than a requirement that everyone

                 continue to do that.  If it's working now and



                                                        2611



                 it's been effective since we put it into

                 place, why would we want to back away from

                 that now?

                            SENATOR KUHL:    Well, Senator,

                 perhaps you should have done a little bit more

                 homework to understand how the process works

                 entirely, and I think you wouldn't even bother

                 to put that question forth.

                            This is an additional requirement

                 that is being changed which really serves of

                 no value to the department as it is.  The

                 department will continue to carry out the

                 program like it is.  All insurance companies

                 are required electronically to file any

                 notices or changes with the department, and

                 the department records that.

                            But they're also required to, all

                 that information aside, now sit and go through

                 at least once a year, under the requirements,

                 and check, cross-check all the insurance lists

                 with their lists.  Which they're doing on an

                 annual, daily, monthly basis as it is, on each

                 individual policy.

                            So this is just simply -- what

                 we're doing is changing a duplication which



                                                        2612



                 will save the State of New York roughly a

                 million dollars.  Okay?  That's the reason for

                 this.  It's just a secondary, duplicative type

                 of process that is mandated by law that is no

                 longer necessary, it's obsolete to require

                 this additional checking, and that's why the

                 department has come in and said, Will you just

                 change the law?  Because it doesn't affect the

                 process.

                            SENATOR LIZ KRUEGER:    I'm sorry,

                 Madam President.  On the bill, Madam

                 President.

                            THE PRESIDENT:    You may proceed

                 on the bill, Senator.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator, thank you for your answer.

                 I do think I understand the way the law works.

                 And I do think that the advantage of keeping

                 the law as it is today is that we're having a

                 cross-check on the insurance companies.

                            Right now, as you said -- you were

                 right -- they must in theory provide the

                 information to the state.  But if the state

                 agency doesn't ensure through audits that this

                 is the correct information, that we are



                                                        2613



                 getting all of the information on additions in

                 insurance and drops in insurance, the problem

                 that could occur or reoccur, before we had

                 this system that was occurring for people, is

                 that they wouldn't know whether or not the

                 correct information was in the system.  There

                 wouldn't be a way to ensure that the insurance

                 companies are meeting their mandates under

                 state law.

                            There's a value to having an audit

                 and a cross-check system by State DMV to make

                 sure that the information is in there.  It's

                 an advantage to the state.  Right now, under

                 the system we have, we know if there's an

                 uninsured motorist out there, because it's

                 showing up in the cross-checks between DMV and

                 the insurance companies.  And that means the

                 state can make sure that we are watching out

                 for and stopping people from driving without

                 insurance.

                            At the same time, because there is

                 the cross-check in place and the audit and

                 check, it also means that if someone believes

                 that they have insurance but perhaps because

                 of administrative errors in changes in



                                                        2614



                 information in a computer, they're not

                 recorded as having insurance -- certainly we

                 all know about the experience of believing

                 we've provided the correct information in some

                 way, only to discover that it has been

                 miscoded in a computer system or something has

                 been typed slightly different, a middle

                 initial has been changed, a number has been

                 put in wrong, complicated ID information about

                 insurance.

                            This will also -- the system also

                 ensures that we continue to cross-check

                 between the DMV and insurance companies

                 whether in fact the correct information is out

                 there about insured motorists.  I think most

                 of us here probably drive cars, and we'd be

                 very concerned if we were to discover when we

                 believed we had insurance and we were paying

                 for it that in some computer system we did not

                 show up as insured.  And, frankly, we'd want

                 to know if there was that error out there so

                 that we could correct it.

                            And so I think in fact we do have a

                 good system in place that we just put in

                 place.  And while I understand the Senator's



                                                        2615



                 argument that DMV evaluates that they might

                 save a million dollars a year if they only did

                 this randomly, as opposed to on an annualized

                 basis, I would argue that the cost to both

                 consumers and potentially to the police

                 department of having to deal with uninsured

                 motorists that were not caught in a computer

                 match, or people who were wrongly brought up

                 on summonses for not having insurance when in

                 fact they might, probably has a greater cost

                 to the people of the State of New York than

                 the million we might save.

                            I'm also concerned that we would be

                 making this some kind of random at the option

                 of DMV.  I think it would raise questions.

                 Because the Senator's memo highlights a cost

                 to DMV but also a cost to insurance companies.

                 Who would be deciding which insurance

                 companies didn't have this cost annually and

                 which companies did have this cost annually?

                            So I'm also concerned about at

                 least the perception of favoritism if State

                 DMV chose to do these crosstabs for some

                 companies and not others, and how that process

                 would go.



                                                        2616



                            So again, I think that we have a

                 system that it appears is working -- is

                 working in the best interests of consumers, is

                 working in the best interests of public safety

                 to ensure that people who are on our roads

                 with automobiles have the proper insurance --

                 and that it's really too early for us to be

                 pulling back from this commitment.

                            So I appreciate the Senator's

                 comments on his bill, but I will choose to

                 vote no this year.

                            Thank you, Madam President.

                            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 immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.  Nays,

                 1.  Senator L. Krueger recorded in the

                 negative.

                            THE PRESIDENT:    The bill is

                 passed.



                                                        2617



                            THE SECRETARY:    Calendar Number

                 958, by Senator Little, Senate Print 6876, an

                 act to amend Chapter 485 of the Laws of 2000.

                            THE PRESIDENT:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  On the bill.

                            THE PRESIDENT:    You may proceed

                 on the bill.

                            SENATOR SCHNEIDERMAN:    This is a

                 piece of legislation that provides a

                 preference for sellers -- New York-based

                 sellers of rock salt and the production of

                 rock salt in New York State.

                            And I want to call attention to it

                 because the bill memo clearly identifies the

                 purpose of this bill is, in a time of a

                 difficult economy, providing a preference for

                 local businesses.

                            The overall issue of the

                 outsourcing of jobs from New York State has

                 yet to be addressed by this house.  And I

                 think that it's important for those of us who

                 represent areas that have a far higher

                 unemployment rate than the rest of the state



                                                        2618



                 to note that while rock salt sellers are

                 receiving a preference, there is no preference

                 for all of the thousands of New York-based

                 businesses that process applications, that

                 examine x-rays, that analyze documents,

                 conduct financial research and perform other

                 functions for state agencies and for

                 businesses that are contracting with the

                 state.

                            And I think that while many, many

                 of us can be sympathetic to small businesses

                 having difficulty competing with,

                 particularly, companies from Canada where they

                 have their own discriminatory policies against

                 the far superior, as everyone knows, New York

                 State rock salt, it is time for us to actually

                 deal with this issue on a more comprehensive

                 basis.

                            It is a great shame that we are

                 moving forward towards the end of this

                 session.  Senator Paterson and others have

                 advanced very serious pieces of legislation,

                 Senator Paterson's, which is called the

                 "New York Consumer and Worker Protection Act,"

                 dealing with the issue of outsourcing New York



                                                        2619



                 jobs, particularly by state agencies or by

                 businesses that are being subsidized by the

                 state.

                            We have to deal with the overall

                 issue so that the thousands and thousands of

                 jobs in New York City and other cities around

                 the state that have no protection receive

                 something, if not comparable to what rock salt

                 sellers get, at least something to help us

                 preserve these jobs in New York.

                            I will be voting for this bill,

                 Madam President, in the hope that we will be

                 doing something about the larger issue.

                            Thank you.

                            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 immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 57.

                            THE PRESIDENT:    The bill is

                 passed.



                                                        2620



                            THE SECRETARY:    Calendar Number

                 1052, by Senator Seward, Senate Print 6955, an

                 act to amend the Real Property Tax Law, in

                 relation to providing a tax exemption.

                            THE PRESIDENT:    Senator Krueger.

                            SENATOR LIZ KRUEGER:    To explain

                 my vote -- or on the bill, I'm sorry, Madam

                 President.

                            THE PRESIDENT:    You may proceed

                 on the bill.

                            SENATOR LIZ KRUEGER:    On the

                 bill.

                            Each year we get these bills that

                 are county by county allowing for exemptions

                 from real property tax for volunteer fire

                 companies and ambulance services, and I vote

                 for these bills, as I will vote for this bill.

                            But yet again I would like to

                 highlight, why don't we just do one bill for

                 the State of New York, allowing counties at

                 their discretion to move forward with this

                 option?

                            It seems foolish to continue to

                 have a one bill per county or locality or

                 town -- in this case, I believe it's even a



                                                        2621



                 school district geography -- when in fact what

                 we should do is pass a bill that would provide

                 for this option both in Republican Senate

                 districts and Democratic Senate districts, and

                 then the localities could choose whether they

                 wanted to use this tax-exemption option to

                 assist them to encourage people to volunteer

                 for fire departments and for ambulance

                 companies.

                            Clearly we understand that

                 throughout the state of New York it is

                 becoming more and more difficult to get people

                 to be willing to volunteer for both very

                 dangerous and very serious jobs such as

                 firefighters and ambulance workers.  It is a

                 great commitment of their time for training

                 and for being on call.  They can, at least in

                 the case for firefighters, be dangerous

                 positions.

                            I want us to help our localities

                 ensure they can get the volunteer service

                 workers that they need.  I just wish we'd go

                 ahead and make it available to all localities

                 in the state of New York, and then they could

                 choose whether they wanted to participate in



                                                        2622



                 the program or not.

                            Thank you, Madam President.  I will

                 be voting for the bill.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?

                            Then the debate is closed.

                            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.

                            THE SECRETARY:    Calendar Number

                 1118, by Senator Skelos, Senate Print 3344A,

                 an act to amend the Penal Law, in relation to

                 assaults at a sports contest.

                            SENATOR SABINI:    Explanation.

                            THE PRESIDENT:    Senator Skelos,

                 an explanation has been requested.

                            SENATOR SKELOS:    Madam President,

                 this legislation would increase the penalty

                 for assault at a sports contest on a

                 participant or an official from a Class A



                                                        2623



                 misdemeanor to a Class E felony.

                            THE PRESIDENT:    Senator Sabini.

                            SENATOR SABINI:    Madam President,

                 would the sponsor yield for a question.

                            SENATOR SKELOS:    Sure.

                            THE PRESIDENT:    Senator Skelos

                 does yield.

                            You may proceed, Senator.

                            SENATOR SABINI:    I just wanted to

                 ask the sponsor if this bill has been altered

                 in any way from last year's proposal.

                            SENATOR SKELOS:    Not to the best

                 of my knowledge, no.

                            SENATOR SABINI:    Madam President,

                 if the sponsor would continue to yield.

                            THE PRESIDENT:    Senator, do you

                 yield?

                            SENATOR SKELOS:    Yes.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR SABINI:    Last year I

                 engaged in a colloquy on similar legislation

                 that addressed my concern that, while I voted

                 for this bill, that there was no provision in

                 this bill to protect spectators or



                                                        2624



                 nonuniformed personnel from the uniformed

                 personnel.

                            In the ensuing year since then,

                 we've seen three well-publicized incidents or

                 three well-publicized charges against sports

                 figures who have assaulted nonuniformed

                 personnel at sporting events -- the assault by

                 a member of the Pittsburgh Pirates on one of

                 the mascots at a Milwaukee Brewers game, and

                 two Yankees have been charged, pending trial,

                 with the assault of a groundskeeper in Boston.

                            And I'm just wondering why we

                 haven't -- why the sponsor hasn't addressed or

                 made it broader, this bill, to protect

                 everyone at sporting events, since in the year

                 since I raised the question there's now been

                 three charges against people that have been

                 sports participants against nonuniformed

                 participants.  I'm just wondering why you

                 haven't broadened it.

                            SENATOR SKELOS:    I understand and

                 appreciate your question.

                            There are current assault statutes

                 which would cover other individuals.  This is

                 aimed specifically at those who are direct



                                                        2625



                 participants with the athletic event.

                            SENATOR SABINI:    Madam President,

                 on the bill.

                            THE PRESIDENT:    You may proceed

                 on the bill.

                            SENATOR SABINI:    I agree with the

                 sponsor's assertion.  But there's also a

                 current statute against spectators as well.

                 We're just changing the class of felony.

                            And I say what's good for the goose

                 is good for the gander here.  I think that the

                 players should be not held at a special class

                 of harmlessness or a special class of felony.

                 If we're going to try and reduce sports rage,

                 let's reduce it for everyone, not just the

                 fans.

                            I'll vote for the bill, but I hope

                 that we would consider in the future a broader

                 piece of legislation.

                            Thank you.

                            THE PRESIDENT:    Does any other

                 member wish to be heard?

                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This



                                                        2626



                 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

                 1127, by Senator Maziarz, Senate Print 6513,

                 an act to amend the Criminal Procedure Law, in

                 relation to enacting.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            THE PRESIDENT:    Senator Maziarz,

                 Senator Schneiderman has requested an

                 explanation.

                            SENATOR MAZIARZ:    Thank you,

                 Madam President.

                            This legislation would expand the

                 scope of criteria judges are allowed to

                 consider when setting bail.  This bill would

                 give the judge discretion to decide if the

                 individual is a possible threat to the alleged

                 victim, the individual has made any prior

                 threatening comments to the alleged victim.



                                                        2627



                            This legislation would also allow

                 the judge to consider whether or not the

                 individual has violated past court orders when

                 setting bail.

                            Furthermore, the judge would be

                 able to consider in the defendant has a

                 pattern of violence or threats of violence

                 against the victim or towards others.

                            While this bill would cover all

                 bail proceedings, I'm most concerned with the

                 setting of bail in one particular case.  And

                 it was in the city of Syracuse, where an

                 individual by the name of Jeffrey Cahill was

                 allowed out on bail, and he later on murdered

                 his spouse.

                            Thank you, Madam President.

                            THE PRESIDENT:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 Through you, Madam President, if the sponsor

                 would yield for a few questions.

                            THE PRESIDENT:    Senator Maziarz,

                 do you yield?

                            SENATOR MAZIARZ:    Surely, Madam

                 President.



                                                        2628



                            THE PRESIDENT:    You may proceed,

                 Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Has the judiciary or the Office of

                 Court Administration weighed in in support or

                 opposition to this legislation?

                            SENATOR MAZIARZ:    I am not aware

                 of any position that the Office of Court

                 Administration has taken.

                            I know that this bill was crafted

                 with the assistance of the district attorney

                 of Onondaga County and with the New York State

                 District Attorneys Association.

                            SENATOR SCHNEIDERMAN:    And

                 through you, Madam President, has the District

                 Attorneys Association taken a position in

                 support of this legislation?

                            SENATOR MAZIARZ:    Has the

                 association?  I'm not aware of any position

                 that they've taken, Senator.

                            SENATOR SCHNEIDERMAN:    And

                 through you, Madam President --

                            THE PRESIDENT:    Senator, will you

                 yield for another question?

                            SENATOR MAZIARZ:    Yes, I will,



                                                        2629



                 Madam President.

                            THE PRESIDENT:    You may proceed,

                 Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    As I read

                 this bill, it essentially changes the criteria

                 for bail.

                            Currently, the statute that would

                 be modified by this legislation directs the

                 court to consider issues primarily related to

                 whether or not a defendant will return for

                 trial to secure that person's presence at

                 trial.

                            This would add additional sections

                 that require a determination related to

                 whether or not if the defendant is a danger --

                 and I'm reading from the bill -- to the

                 alleged victim, members of the community, or

                 to himself or herself if released on bail.  Is

                 that correct?

                            SENATOR MAZIARZ:    That is

                 correct, Senator, yes.  It would allow the

                 judge to take into consideration any prior

                 threats, any violation of any prior

                 restraining orders.

                            SENATOR SCHNEIDERMAN:    Thank you.



                                                        2630



                            Through you, Madam President.  But

                 the court is not currently precluded from

                 taking into account any of those issues.  In

                 fact, under the current law, the court is

                 required to take into consideration the weight

                 of the evidence against the defendant in a

                 pending criminal action and any other factor

                 indicating probability or improbability of

                 conviction or recognizance pending appeal.

                            So this would not add things the

                 courts aren't allowed to consider.  But would

                 this not enable a court to take someone who

                 was likely to appear for trial, who may or may

                 not have substantial likelihood of conviction,

                 but hold them in prison because of a finding

                 that that person constituted a threat to some

                 other member of the community even other than

                 the person they're charged with committing a

                 crime against?

                            SENATOR MAZIARZ:    And the

                 question is?  Is your statement correct?

                            SENATOR SCHNEIDERMAN:    Yes, is

                 that not correct.

                            (Laughter.)

                            SENATOR SCHNEIDERMAN:    And I hope



                                                        2631



                 I'm not going to have to repeat the question.

                            SENATOR MAZIARZ:    Like many of

                 your statements, it is partially correct.  It

                 clearly is somewhat redundant, but I think it

                 gives the judge more discretion.  And the

                 criteria is more specific in my legislation.

                            And I'd like to add that this

                 legislation has some support in the other

                 house with Assemblyperson Christensen and

                 Assemblyperson Paulin, who have worked in the

                 area of support for domestic violence for many

                 years.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Madam President.  At

                 bail hearings, the prosecution and the defense

                 are both entitled to call witnesses and

                 present evidence.  If we add this whole new

                 area of inquiry to bail hearings -- that is --

                 and I'm reading again from the statute, from

                 the bill -- whether or not a defendant is a

                 danger to the alleged victim, members of the

                 community, or to himself or herself if

                 released on bail -- will there be any

                 additional funds available to the counties

                 that will have to pay for the witnesses and



                                                        2632



                 the defense lawyers and prosecutors dealing

                 with these expanded hearings?

                            SENATOR MAZIARZ:    Well, the bail

                 hearing, you're assuming that the bail hearing

                 has already taken place.  You know, the

                 attorneys, the judge, the defendants, in some

                 cases probably the victims are already in the

                 courtroom.

                            Would it lengthen the hearing

                 perhaps by some period of time?  It may do

                 that, Senator.  But I don't think that the

                 cost would be all that large that it would

                 financially impact the courts.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  I would like to thank the

                 sponsor for his speedy responses, and I'd like

                 to speak on the bill.

                            SENATOR MAZIARZ:    Thank you.

                            THE PRESIDENT:    You may proceed

                 on the bill, Senator.

                            SENATOR SCHNEIDERMAN:    I think

                 that this is a good example of a bad way to

                 change public policy.

                            What this legislation does is takes

                 a hearing that, under the law as currently



                                                        2633



                 crafted, requires a judge to assess whether or

                 not a defendant who has not been convicted of

                 any crime -- this is someone who is innocent

                 until proven guilty -- whether that person

                 should be allowed to post bail or be held in

                 incarceration to secure their presence at a

                 trial.

                            The court is already allowed to

                 take into account, in fact, mandated to take

                 into account the weight of the evidence

                 against the defendant in the pending criminal

                 action.  And any other factor -- and I'm

                 reading from the current law -- indicating

                 probability or improbability of conviction.

                 That would include, presumably, all the prior

                 record issues, the other types of evidence

                 that, according to the sponsor, would now be

                 allowed in under this bill.

                            It is not necessary to pass this

                 bill in order for a court to have a full and

                 fair assessment of the entire record and

                 history of a defendant.

                            What this bill does is says that if

                 there's someone who they may or may not be

                 guilty, the court may be absolutely convinced



                                                        2634



                 is going to show up for trial and try to

                 vindicate themselves, but the court finds is a

                 danger to the victim, members of the

                 community -- which is not defined -- or to

                 himself, then that person could be held

                 without bail.

                            This would -- and I've participated

                 in a lot of bail hearings -- this could

                 especially open up an entire new area of

                 inquiry.  This puts courts in the position of

                 holding a minitrial on charges as to which

                 indictments have never even been filed,

                 whether or not a defendant is likely to cause

                 harm to some other member of the community.  A

                 prosecutor could introduce evidence about

                 someone that has nothing to do with the

                 charges pending against that defendant.

                 That's what would be permitted under this law.

                            And I appreciate the sponsor's

                 concern with the current state of the law.

                 And it very, very well may be that some

                 modification of the section of law dealing

                 with the assessment of other factors other

                 than the likelihood of a defendant's returning

                 for trial is required.



                                                        2635



                            But I would urge the sponsor and

                 urge my colleagues that this bill turns a bail

                 hearing into an open-ended inquiry on charges

                 unrelated to the subject matter of the

                 proceeding.  There could be someone who is

                 alleged to have stolen a car, and evidence

                 relating to some completely unrelated conduct

                 relating to a threat against a third party

                 would come in.

                            Again, the cost in terms of

                 prosecutorial time and defense time could be

                 substantial.  And we're faced again with a

                 situation which could impose substantial

                 injustice.

                            If a prosecutor had evidence and

                 witnesses to introduce on one of these

                 unrelated subjects to the trial that's

                 supposedly the subject matter of the bail

                 proceeding, the defense -- a poor defendant,

                 an indigent defendant -- might not be able to

                 respond adequately.  Again, it's up to the

                 counties to pay for the defense lawyers, to

                 pay for expert witnesses if necessary.

                            On the other hand, if you had a

                 well-to-do defendant who was prepared to call



                                                        2636



                 lots of witnesses and could put on a case,

                 that would put an additional burden on the

                 prosecutors which they might feel compelled to

                 respond to.

                            I respectfully submit that it is

                 ridiculous to state in the note that the

                 fiscal implications of this bill are none.

                 Counties will have to pay for whatever the

                 costs are of this completely new area of bail

                 inquiry.

                            So while I believe that the

                 sponsor's intent to address some gaps in the

                 current law is absolutely sincere and

                 absolutely good, the way this statute is

                 crafted it turns a bail hearing into something

                 more like an open-ended minitrial on subject

                 matter to be determined by the prosecutor

                 opposing the bail application.

                            I vote no.  I would urge that we

                 reconsider this, try and draft something

                 that's more likely to actually accomplish the

                 goal.  But until then, this is a bad way to

                 make policy.  And I'm afraid the unintended

                 consequences and the unanticipated expenses

                 that this legislation would impose require us



                                                        2637



                 to vote against it.

                            Thank you.

                            THE PRESIDENT:    Senator Hoffmann.

                            SENATOR HOFFMANN:    Thank you,

                 Madam President.  I want to thank my colleague

                 Senator Maziarz for sponsoring this bill.  I

                 am a proud cosponsor, along with a number of

                 other members of my -- this side of the aisle.

                            And I rise to support this bill

                 because I believe it's very important that we

                 look at it in the context of the domestic

                 violence cases which unfortunately are all too

                 prevalent in this state.

                            When one looks at the Cahill case

                 that is the genesis of this particular piece

                 of legislation, you can clearly see that there

                 were opportunities where Jill Cahill's life

                 could have been spared had the courts been

                 allowed to either refuse bail under the first

                 circumstance of his arrest, when Mr. Cahill

                 attempted to kill his wife by hitting her over

                 and over again with a baseball bat, or when he

                 was subsequently found to be sneaking around

                 in her hospital room despite the fact that

                 there was an order of protection that should



                                                        2638



                 have prevented him from going anyplace near

                 her.  At that point, why was not bail revoked?

                            It troubles me greatly that the

                 issue of domestic violence and the obvious

                 threats to women by an abusive -- in this

                 case, a wantonly depraved individual would be

                 given such a priority over the rights of the

                 victim.

                            It is extremely important that we

                 pass this piece of legislation.  Senator

                 Maziarz has done a commendable job of

                 addressing the unique circumstances when it

                 would be applicable.  It in no way interferes

                 with the pursuit of justice and the right of

                 most people to be able to achieve bail for

                 other offenses.  And some violent offenses

                 would still be bail-eligible.

                            But clearly, in an extreme case

                 where the risk is so great that a person has a

                 attempted to kill once, has indicated an

                 absolute determination to complete the act, we

                 have a responsibility to deny bail to that

                 type of individual in this state and to

                 protect the would-be victims of such killers.

                            THE PRESIDENT:    Does any other



                                                        2639



                 member wish to be heard?

                            Then the debate is closed.

                            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 PRESIDENT:    Senator Breslin,

                 to explain your vote.

                            SENATOR BRESLIN:    To explain my

                 vote.

                            Madam President, in all deference

                 to Senator Hoffmann's remarks, I believe that

                 most judges would have denied bail in the

                 situation that was presented and would be

                 legally entitled to deny bail.

                            In this bill, by making something

                 more specific, you really reduce the

                 discretion of a judge when establishing bail.

                 And we learned early in law school that

                 frequently when we make things specific, we

                 take away the discretion on the part of the

                 judiciary.

                            And I think that the current



                                                        2640



                 statute more than enough covers the situation

                 that was presented here today.  And in

                 addition, the unintended consequences, as

                 Senator Schneiderman has pointed out, to the

                 dollars that will have to be produced by the

                 county to both prosecute and defend.

                            So for both of those reasons, I

                 vote in the negative.

                            THE PRESIDENT:    You will be so

                 recorded as voting in the negative.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1127 are

                 Senators Breslin, Montgomery, Paterson, and

                 Schneiderman.  Ayes, 53.  Nays, 4.

                            THE PRESIDENT:    The bill is

                 passed.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1137, by Senator Alesi, Senate Print 949, an

                 act to amend the Correction Law.

                            THE PRESIDENT:    Senator Skelos.

                            SENATOR SKELOS:    Lay the bill



                                                        2641



                 aside for the day.

                            THE PRESIDENT:    The bill is laid

                 aside for the day.

                            SENATOR SKELOS:    Is there any

                 housekeeping at the desk?

                            THE PRESIDENT:    No, there isn't,

                 Senator.

                            SENATOR SKELOS:    Madam President,

                 if I could at this time, on behalf of Senator

                 Bruno, just mention to the members and all

                 listening that it is a very, very special day

                 for two individuals.

                            It's Senator John Marchi's

                 birthday, and John is 83 years young today.

                            (Applause.)

                            SENATOR SKELOS:    And also our

                 distinguished Minority Leader is 50 years old

                 today.

                            (Applause.)

                            SENATOR SKELOS:    May I say, may

                 they both live as long as Moses.

                            (Laughter.)

                            THE PRESIDENT:    Thank you,

                 Senator.

                            Congratulations to both of you.



                                                        2642



                 Many, many more youthful years.

                            Senator Paterson.

                            SENATOR PATERSON:    Madam

                 President, I'd just like to point out that I

                 came in my office this morning, I was

                 surprised by Senator Bruno and Senator Marchi.

                 I thought they had come to switch offices in

                 advance of this year's elections.

                            (Laughter.)

                            SENATOR PATERSON:    But they said

                 no, they came to wish me happy birthday.

                            And as I think everyone knows, that

                 Senator Marchi has served with distinction for

                 48 years here in the Legislature.  And he has

                 been the chair of the Finance Committee, he

                 has been a number of things.  And my family,

                 lifelong Democrats, one of my parents -- so

                 that I can protect the other one -- voted for

                 Senator Marchi for mayor in 1969.

                            And really because of the greatness

                 that he displays as a human being, his

                 integrity, and really just the warm friendship

                 that he offered me ever since the first day we

                 came here -- and he said that he always got

                 together with the former speaker of the



                                                        2643



                 Assembly, Speaker Steingut, because his

                 birthday had been also on May 20th, and so he

                 and I have continued the tradition.  And it is

                 in that spirit that I wish him a happy

                 birthday.

                            (Applause.)

                            THE PRESIDENT:    Senator Marchi.

                            SENATOR MARCHI:    I rise in the

                 presence of your beautiful presence.

                            THE PRESIDENT:    As I said, you're

                 very youthful, Senator.

                            (Laughter.)

                            SENATOR MARCHI:    It's very

                 gratifying.  I'm somewhat older than everyone

                 in this chamber, in this building.  But

                 believe me, I have not made any supreme

                 sacrifice to be here.  It's been the labor of

                 love.  I have enjoyed every minute of it.  I

                 love everybody in this room, on both sides of

                 the aisle.  These are all good people.  And

                 I'm proud to know them, proud to consider them

                 friends.

                            And Dave, of course, is the epitome

                 of civility, erudition.  Speaks so well, is so

                 literate, really, that it has been a joy just



                                                        2644



                 to hear him mumble something.

                            And all of you have been a joy to

                 share friendship with me.  So I'm very, very

                 happy to be here.

                            They dedicated -- the mayor down in

                 New York dedicated a ferry, the name, to me.

                 And it will be in the harbor maybe five or six

                 months from now.  But you're all invited to

                 come on a maiden voyage.  No fee or anything

                 will be required except your presence.

                            (Laughter.)

                            SENATOR MARCHI:    So you can see

                 how I -- honestly, I do everything possible to

                 fend off anything that separates me from all

                 of you.  And I'll continue doing that.

                            But it's been most enjoyable, most

                 heartwarming for me and my family.  Made no

                 sacrifice, really.  It's been just the joy of

                 my life, and I revel in it.

                            Thank you very much.

                            (Applause.)

                            THE PRESIDENT:    Senator Marchi,

                 thank you.

                            Senator Skelos.

                            SENATOR SKELOS:    Both members,



                                                        2645



                 many more years in their respective seats.

                            (Laughter.)

                            THE PRESIDENT:    So ordered.

                            (Laughter.)

                            SENATOR SKELOS:    Madam President,

                 there being no further business to come before

                 the Senate, I move we stand adjourned until

                 Monday, May 24th, at 3:00 p.m., intervening

                 days being legislative days.

                            THE PRESIDENT:    On motion, the

                 Senate stands adjourned until Monday,

                 May 24th, 3:00 p.m., intervening days being

                 legislative days.

                            (Whereupon, at 12:05 p.m., the

                 Senate adjourned.)