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
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we bow our heads in a moment of
silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
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.
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Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator 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,
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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
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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
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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
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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,
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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.)