Regular Session - May 16, 2005
2654
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 16, 2005
11 3:10 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: With us this
10 afternoon -- no surprise -- to give the
11 invocation is our friend and colleague the
12 Reverend Peter G. Young, from Blessed
13 Sacrament Church in Bolton Landing, New York.
14 Reverend Young.
15 REVEREND YOUNG: Let us pray.
16 Dear God, please enter my mind, my
17 body and my soul and walk with me through this
18 day. Rid me of the bondage of
19 self-centeredness, selfishness, resentments
20 and self-pity. Rid me of fear and strengthen
21 my faith. Give me a knowledge of Your will
22 for me and the power then to carry it out.
23 Take my will and my life, dear God.
24 Let me live this day the way that You would
25 want me to live. Let me think the way that
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1 You would want me to think. Let me act the
2 way that You would want me to act. Let me be
3 an instrument of Your love, Your peace and
4 Your grace as a New York State Senator.
5 Amen.
6 THE PRESIDENT: Reading of the
7 Journal.
8 THE SECRETARY: In Senate,
9 Sunday, May 15, the Senate met pursuant to
10 adjournment. The Journal of Saturday, May 14,
11 was read and approved. On motion, Senate
12 adjourned.
13 THE PRESIDENT: Without
14 objection, the Journal stands approved as
15 read.
16 Presentation of petitions.
17 Messages from the Assembly.
18 Messages from the Governor.
19 Reports of standing committees.
20 Reports of select committees.
21 Communications and reports from
22 state officers.
23 Motions and resolutions.
24 Senator Fuschillo.
25 SENATOR FUSCHILLO: Thank you,
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1 Madam President.
2 On behalf of Senator Saland, on
3 page number 32 I offer the following
4 amendments to Calendar Number 484, Senate
5 Print Number 2501, and ask that said bill
6 retain its place on Third Reading Calendar.
7 THE PRESIDENT: The amendments
8 are received, and the bill will retain its
9 place on the Third Reading Calendar.
10 SENATOR FUSCHILLO: Madam
11 President, on behalf of Senator LaValle, on
12 page number 25 I offer the following
13 amendments to Calendar Number 328, Senate
14 Print Number 1092, and ask that said bill
15 retain its place on Third Reading Calendar.
16 THE PRESIDENT: The amendments
17 are received, and the bill will retain its
18 place on the Third Reading Calendar.
19 SENATOR FUSCHILLO: Madam
20 President, on behalf of Senator Seward, on
21 page 19 I offer the following amendments to
22 Calendar 135, Senate Print Number 593, and ask
23 that said bill retain its place on Third
24 Reading Calendar.
25 THE PRESIDENT: The amendments
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1 are also received, and that bill will also
2 retain its place on the Third Reading
3 Calendar.
4 SENATOR FUSCHILLO: Madam
5 President, I wish to call up Senate Print
6 Number 2197, recalled from the Assembly, which
7 is now at the desk.
8 THE PRESIDENT: The Secretary
9 will read.
10 THE SECRETARY: Calendar Number
11 288, by Senator Golden, Senate Print 2197, an
12 act to amend the General Business Law.
13 THE PRESIDENT: Senator
14 Fuschillo.
15 SENATOR FUSCHILLO: I now move to
16 reconsider the vote by which the bill was
17 passed.
18 THE PRESIDENT: The Secretary
19 will call the roll upon reconsideration.
20 (The Secretary called the roll.)
21 SENATOR FUSCHILLO: I now offer
22 the following amendments.
23 THE PRESIDENT: Amendments
24 received.
25 SENATOR FUSCHILLO: Thank you.
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1 THE PRESIDENT: Senator Bruno.
2 SENATOR BRUNO: Madam President
3 and colleagues, this is our first session
4 where we will be joined by our newest Senator,
5 Senator Cathy Young, who joins us from the
6 Assembly.
7 And all of us here, all of us here
8 presently are happy to have her here in the
9 chamber with us.
10 And having said that, there are
11 some announcements that we're making having to
12 do with chairs of committee. Cathy will chair
13 Agriculture. And we are handing that up,
14 along with the committee assignments, and ask
15 that they be filed in the Journal.
16 THE PRESIDENT: They will be
17 filed in the Journal, Senator.
18 SENATOR BRUNO: Thank you.
19 And Senator Paterson, Madam
20 President.
21 THE PRESIDENT: Senator Paterson.
22 SENATOR PATERSON: Thank you,
23 Madam President.
24 I'd like to officially welcome
25 Senator Young to the chamber.
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1 I hope that on the other side of
2 the aisle that they've pointed out that when
3 we have our fast roll call here, we have the
4 two leaders, the Deputy Majority Leader, the
5 chair of the Finance Committee, and the first
6 and last names in the alphabet. That's the
7 fast roll call. And by my calculation,
8 Senator Young may succeed Senator Wright as
9 being the last name called on the fast roll
10 call.
11 So it just shows that I'm trying to
12 help out in the process every way I can. In
13 fact, the way I helped out in the process is
14 the reason Senator Young is here. So I think
15 I deserve some congratulations as well.
16 (Laughter.)
17 SENATOR PATERSON: Thank you.
18 THE PRESIDENT: Senator Young, as
19 my friend and colleague, I would like to also
20 congratulate you. I was delighted to hear, as
21 I came in for session, that you'd just been
22 sworn in.
23 Welcome aboard. Congratulations.
24 Senator Bruno.
25 SENATOR BRUNO: Madam President,
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1 are there any substitutions, other than for
2 Senator Young, at the desk?
3 THE PRESIDENT: Yes, there are,
4 Senator.
5 SENATOR BRUNO: There are. Can
6 we make those at this time.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: On page 4,
10 Senator Oppenheimer moves to discharge, from
11 the Committee on Corporations, Authorities and
12 Commissions, Assembly Bill Number 2619 and
13 substitute it for the identical Senate Bill
14 Number 1419, First Report Calendar 924.
15 On page 5, Senator Stachowski moves
16 to discharge, from the Committee on Local
17 Government, Assembly Bill Number 876 and
18 substitute it for the identical Senate Bill
19 Number 338, First Report Calendar 932.
20 On page 5, Senator Valesky moves to
21 discharge, from the Committee on Local
22 Government, Assembly Bill Number 3652 and
23 substitute it for the identical Senate Bill
24 Number 1738, First Report Calendar 937.
25 On page 5, Senator Alesi moves to
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1 discharge, from the Committee on Local
2 Government, Assembly Bill Number 6853 and
3 substitute it for the identical Senate Bill
4 Number 3587, First Report Calendar 941.
5 On page 7, Senator Little moves to
6 discharge, from the Committee on Local
7 Government, Assembly Bill Number 1351 and
8 substitute it for the identical Senate Bill
9 Number 4909, First Report Calendar 954.
10 On page 7, Senator Bonacic moves to
11 discharge, from the Committee on Local
12 Government, Assembly Bill Number 1683 and
13 substitute it for the identical Senate Bill
14 Number 5126, First Report Calendar 958.
15 On page 8, Senator Bonacic moves to
16 discharge, from the Committee on Local
17 Government, Assembly Bill Number 7625A and
18 substitute it for the identical Senate Bill
19 Number 5218A, First Report Calendar 965.
20 And on page 33, Senator Marchi
21 moves to discharge, from the Committee on
22 Investigations and Government Operations,
23 Assembly Bill Number 3469 and substitute it
24 for the identical Senate Bill Number 2430,
25 Third Reading Calendar 497.
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1 THE PRESIDENT: Substitutions
2 ordered.
3 Senator Skelos.
4 SENATOR SKELOS: Madam President,
5 at this time could we have Resolution 1805, by
6 Senator Nozzolio, which was previously
7 adopted, read in its entirety.
8 THE PRESIDENT: The Secretary
9 will read.
10 THE SECRETARY: By Senator
11 Nozzolio, Legislative Resolution Number 1805,
12 congratulating the Sodus High School Boys
13 Basketball Team and Coach Jim Sergeant upon
14 the occasion of capturing the New York State
15 Class C State Championship.
16 "WHEREAS, Excellence and success in
17 competitive sports can be achieved only
18 through strenuous practice, team play and team
19 spirit, nurtured by dedicated coaching and
20 strategic planning; and
21 "WHEREAS, Athletic competition
22 enhances the moral and physical development of
23 the young people of this state, preparing them
24 for the future by instilling in them the value
25 of teamwork, encouraging a standard of healthy
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1 living, imparting a desire for success, and
2 developing a sense of fair play and
3 competition; and
4 "WHEREAS, This Legislative Body is
5 justly proud to congratulate the Sodus High
6 School Boys Basketball Team and Coach Jim
7 Sergeant upon the occasion of capturing the
8 New York State Class C State Championship,
9 held Saturday, March 12, 2005, at the Glens
10 Falls Civic Center; and
11 "WHEREAS, The Sodus Boys Basketball
12 Team are the New York State Class C State
13 Champions; and
14 "WHEREAS, It was the end of a long
15 run for the Sodus Spartans, who went as far as
16 they could and finished with a season of
17 perfection; and
18 "WHEREAS, The Sodus Boys Basketball
19 Team defeated Faith Heritage by a score of
20 76-65. The victory gave the Spartans its
21 first state title in its initial
22 state-tournament appearance, and it climaxed a
23 perfect 27-0 season; and
24 "WHEREAS, The athletic talent
25 displayed by this team is due in great part to
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1 the efforts of Coach Jim Sergeant, a skilled
2 and inspirational tutor, respected for his
3 ability to develop potential into excellence;
4 and
5 "WHEREAS, The team's overall record
6 is outstanding, and the team members were
7 loyally and enthusiastically supported by
8 family, fans, friends and the community at
9 large; and
10 "WHEREAS, The hallmarks of the
11 Sodus Boys Basketball Team, from the opening
12 game of the season to participation in the
13 championship, were a brotherhood of athletic
14 ability, of good sportsmanship, or honor and
15 of scholarship, demonstrating that these team
16 players are second to none; and
17 "WHEREAS, Athletically and
18 academically, the team members have proven
19 themselves to be an unbeatable combination of
20 talents, reflecting favorably on their school;
21 and
22 "WHEREAS, Coach Jim Sergeant has
23 done a superb job in guiding, molding and
24 inspiring the team members toward their goals;
25 and
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1 "WHEREAS, Sports competition
2 instills the values of teamwork, pride and
3 accomplishment, and Coach Jim Sergeant and his
4 outstanding athletes have clearly made a
5 contribution to the spirit of excellence which
6 is a tradition of their school; now,
7 therefore, be it
8 "RESOLVED, That this Legislative
9 Body pause in its deliberations to
10 congratulate the Sodus Boys Basketball Team,
11 its members -- Greg Logins, Hauke Bruns,
12 Dennis Gorobtschuk, Devin Wright, Roderick
13 Johnson, Antonio Parker, Robert McDowell,
14 Jerek Konikiewicz, Matt Sombathy, Paul
15 Morales, Brian Hanagan, Lionel Webber, Jeff
16 Kuhn, Johnny McCray, and Emanuel Reaves -- and
17 Coaches Jim Sergeant, Bob Miranda, and Al
18 Granger on their outstanding season and
19 overall team record; and be it further
20 "RESOLVED, That copies of this
21 resolution, suitably engrossed, be transmitted
22 to the Sodus Boys Basketball Team and to the
23 aforementioned coaches."
24 THE PRESIDENT: Senator Nozzolio.
25 SENATOR NOZZOLIO: Madam
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1 President, I have another privileged
2 resolution at the desk. I ask that it be read
3 in its entirety, and then I wish to speak on
4 both of them.
5 THE PRESIDENT: The Secretary
6 will read.
7 THE SECRETARY: By Senator
8 Nozzolio, Legislative Resolution Number 1806,
9 congratulating the Palmyra-Macedon Boys
10 Basketball Team and Coach John "Chip" Tatro
11 upon the occasion of capturing the New York
12 State Class B Championship.
13 "WHEREAS, Excellence and success in
14 competitive sports can be achieved only
15 through strenuous practice, team play and team
16 spirit, nurtured by dedicated coaching and
17 strategic planning; and
18 "WHEREAS, Athletic competition
19 enhances the moral and physical development of
20 the young people of this state, preparing them
21 for the future by instilling in them the value
22 of teamwork, encouraging a standard of healthy
23 living, imparting a desire for success and
24 developing a sense of fair play and
25 competition; and
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1 "WHEREAS, The Palmyra-Macedon Boys
2 Basketball Team are the New York State Class B
3 Champions; and
4 "WHEREAS, On Friday, March 11,
5 2005, the Palmyra-Macedon Boys Basketball Team
6 narrowly escaped the Class B semifinals with a
7 victory against Voorheesville. The final
8 score was 30-28; and
9 "WHEREAS, The next day, the Red
10 Raiders won their first state title with a
11 57-47 triumph over Carle Place; and
12 "WHEREAS, The athletic talent
13 displayed by this team is due in great part to
14 the efforts of Coach John 'Chip' Tatro, a
15 skilled and inspirational tutor, respected for
16 his ability to develop potential into
17 excellence; and
18 "WHEREAS, The team's overall record
19 is outstanding, and the team members were
20 loyally and enthusiastically supported by
21 family, fans, friends and the community at
22 large; and
23 "WHEREAS, The hallmarks of the
24 Palmyra-Macedon Boys Basketball Team, from the
25 opening game of the season to participation in
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1 the championship, were a brotherhood of
2 athletic ability, of good sportsmanship, and
3 honor and of scholarship, demonstrating that
4 these team players are second to none; and
5 "WHEREAS, Athletically and
6 academically, the team members have proven
7 themselves to be an unbeatable combination of
8 talents, reflecting favorably on their school;
9 and
10 "WHEREAS, Coach John 'Chip' Tatro
11 has done a superb job in guiding, molding and
12 inspiring the team members toward their goals;
13 and
14 "WHEREAS, Sports competition
15 instills the values of teamwork, pride and
16 accomplishment, and Coach John 'Chip' Tatro
17 and these outstanding athletes have clearly
18 made a contribution to the spirit of
19 excellence which is a tradition of their
20 school; now, therefore, be it
21 "RESOLVED, That this Legislative
22 Body pause in its deliberations to
23 congratulate the Palmyra-Macedon Boys
24 Basketball Team, its members -- Michael Beck,
25 Jared Boisvert, Jason Clair, Johnathan
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1 Denniston, Daniel Gorman, Anthony Hall, Adam
2 Husk, Sean McGinn, Christopher Milke, Timothy
3 Patchett, Todd Piccola, Christopher Timbs, and
4 Andrew Weaver -- and Coaches John 'Chip'
5 Tatro, Joe Hill, Cory Houser, Craig Ikewood,
6 and Nate Kenyon on their outstanding season
7 and overall team record; and be it further
8 "RESOLVED, That copies of this
9 resolution, suitably engrossed, be transmitted
10 to the Palmyra-Macedon Boys Basketball Team
11 and to the aforementioned coaches."
12 THE PRESIDENT: Senator Nozzolio.
13 SENATOR NOZZOLIO: Thank you,
14 Madam President. On the resolutions.
15 I rise in support of the
16 resolutions, to congratulate two fine
17 communities for raising two groups of fine
18 young men.
19 It's unusual for any community to
20 have a state champion in its midst at any
21 levels of competition. But Wayne County, a
22 county of about a hundred thousand people, has
23 not one but two basketball state champions
24 that we are honoring here today -- the Sodus
25 Boys Basketball Team, winners of the New York
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1 State Class C Championship, and the
2 Palmyra-Macedon Boys Basketball Team,
3 victorious as Class B State Champions. Two
4 communities within a few miles apart in the
5 same county, both raising great basketball
6 players but, more importantly, raising great
7 community leaders.
8 I'm extremely appreciative of the
9 coaching staffs, Jim Sergeant and Bob Miranda
10 from Sodus and John "Chip" Tatro and Joe Hill
11 from Palmyra-Macedon, for being here today.
12 Also, a longstanding superintendent
13 in the Palmyra-Macedon community is retiring
14 this year after many years of great service to
15 Palmyra-Macedon, Dr. Jim Tobin, who's here.
16 Coincidentally, he's also a former classmate
17 of Senator Alesi, my colleague from Rochester.
18 Fred Ciaburri, director of
19 athletics; Barbara Persia, high school
20 principal; and Paul Maier, who came here as a
21 chaperone and driver to be here with the young
22 men as they are being honored for this
23 significant accomplishment.
24 Sodus, a very significant
25 accomplishment, undefeated 27-0. They beat,
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1 I'm very pleased to say -- although he's not
2 in the chamber to defend himself -- they beat
3 Faith Heritage High School in Senator John
4 DeFrancisco's district. I'm very pleased
5 about that, and I appreciate their great
6 success. It's all our communities' success.
7 Palmyra-Macedon, outstanding
8 season. The first time a school championship
9 had been achieved by that team. They had a
10 tough road through the semis but cleaned the
11 clock, absolutely cleaned the clock in the
12 finals of Carle Place.
13 Now, Carle Place is represented by
14 my great friend and esteemed colleague Senator
15 Balboni.
16 But I'm extremely pleased and must
17 point out that Carle Place is the alma mater
18 of my fantastic friend in the Senate,
19 Senator -- he tried to intimidate me, but his
20 school was intimidated by my
21 Palmyra-Macedon -- Senator Chuck Fuschillo,
22 who is an alumni, class of '78, of Carle
23 Place, a member of the varsity team in his
24 day.
25 But I'm very pleased that you saw
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1 the light when you played Palmyra-Macedon.
2 Ladies and gentlemen, we're here to
3 recognize athletic accomplishment, but, more
4 importantly, we're here because these fine
5 young men have demonstrated leadership
6 ability, have been great representatives of
7 their community, have been wonderful teammates
8 and understand the value of teamwork.
9 For that, Madam President, that's
10 why we are recognizing these fine athletes and
11 fine young men from a great community.
12 Assemblyman Oaks, who has also joined us in
13 this recognition, shares my sentiments here.
14 We're very pleased to be hosting such fine
15 community leaders.
16 Thank you, Madam President.
17 THE PRESIDENT: Senator Balboni.
18 SENATOR BALBONI: You know, Madam
19 President, a couple of years ago if someone
20 had gotten up and talked about how they
21 shellacked one of the teams in my district,
22 that would have really frosted my cupcakes.
23 But you know what? Lately I've
24 come to see the beauty and the talent all over
25 this great state, and all the wonderful people
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1 in it.
2 And therefore I'd just like to say
3 how proud I am of your teams' accomplishments
4 and what a wonderful job they've done, and
5 we'll get you next year.
6 (Laughter.)
7 THE PRESIDENT: Both of the
8 previous resolutions were adopted on May 10.
9 Congratulations and best wishes for
10 similar success in all your endeavors.
11 (Applause.)
12 THE PRESIDENT: Senator Skelos.
13 SENATOR SKELOS: Madam President,
14 if we could go to the noncontroversial reading
15 of the calendar.
16 THE PRESIDENT: The Secretary
17 will read.
18 THE SECRETARY: Calendar Number
19 37, by Senator Larkin, Senate Print 853, an
20 act to amend the General Municipal Law, in
21 relation to authorizing industrial development
22 agencies.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 5. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 56. Nays,
5 1. Senator Duane recorded in the negative.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 120, by Senator Maziarz, Senate Print 976A, an
10 act to amend the Highway Law, in relation to
11 extending the Niagara Wine Trail.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 57.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 339, by Senator Skelos, Senate Print 2724, an
23 act to amend the Penal Law, in relation to
24 failure to report a sexual assault of a child.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of
4 November.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57. Nays,
8 1. Senator Montgomery recorded in the
9 negative.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 341, by Senator Spano, Senate Print 28 --
14 SENATOR SKELOS: Lay it aside for
15 the day.
16 THE PRESIDENT: The bill is laid
17 aside for the day.
18 THE SECRETARY: Calendar Number
19 346, by Senator Bruno, Senate Print 3226, an
20 act to amend the Penal Law and the Highway
21 Law, in relation to violence committed on
22 school grounds.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 4. This
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1 act shall take effect on the first of
2 September.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 57. Nays,
6 2. Senators Montgomery and Parker recorded in
7 the negative.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 429, by Senator Larkin, Senate Print 61A, an
12 act to amend the Education Law, in relation to
13 suspending the pay.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 59.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 448, by Senator Larkin, Senate Print 417, an
25 act to amend the Penal Law, in relation to
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1 obscene sexual performance by a child.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 10. This
5 act shall take effect on the first of
6 November.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes, 59.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 464, by Senator Balboni, Senate Print 3509, an
14 act to amend the Penal Law, in relation to
15 disseminating indecent material.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 16. This
19 act shall take effect on the first of
20 November.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 59.
24 THE PRESIDENT: The bill is
25 passed.
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1 THE SECRETARY: Calendar Number
2 546, by Senator Saland, Senate Print 3679, an
3 act to amend the Education Law, in relation to
4 the provisions of school health services.
5 THE PRESIDENT: Read the last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the same date and in
9 the same manner as Section 2 of Chapter 477.
10 THE PRESIDENT: Call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 59.
13 THE PRESIDENT: The bill is
14 passed.
15 THE SECRETARY: Calendar Number
16 592, by Senator DeFrancisco, Senate Print --
17 SENATOR SKELOS: Lay it aside for
18 the day, please.
19 THE PRESIDENT: The bill is laid
20 aside for the day.
21 THE SECRETARY: Calendar Number
22 619, by Senator Leibell, Senate Print 3789, an
23 act to amend the Penal Law, in relation to
24 unlawful defilement of a water supply.
25 THE PRESIDENT: Read the last
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1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of
4 November.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 59.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 623, by Senator Volker, Senate Print 3909, an
12 act to amend the Criminal Procedure Law, in
13 relation to sealed photographs.
14 THE PRESIDENT: Read the last
15 section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 THE PRESIDENT: Call the roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes, 57. Nays,
21 2. Senators Montgomery and Duane recorded in
22 the negative.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
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1 625, by Senator Rath, Senate Print 4036, an
2 act to amend the Criminal Procedure Law and
3 others, in relation to providing.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 7. This
7 act shall take effect on the first of
8 November.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Those recorded in
12 the negative on Calendar Number 625 are
13 Senators Duane, Hassell-Thompson, Montgomery
14 and Parker.
15 Ayes, 55. Nays, 4.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 643, by Senator Robach, Senate Print 3186, an
20 act to amend the Civil Service Law, in
21 relation to the authority.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first of January.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 58. Nays,
4 1. Senator Connor recorded in the negative.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 649, by Senator Saland, Senate Print 3678, an
9 act to amend the Education Law, in relation to
10 involuntary transfer.
11 SENATOR MONTGOMERY: Lay it
12 aside.
13 THE PRESIDENT: The bill is laid
14 aside.
15 THE SECRETARY: Calendar Number
16 705, by Senator Bonacic, Senate Print 3579, an
17 act to amend Chapter 262 of the Laws of 2002
18 amending the Environmental Conservation Law.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 59.
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1 THE PRESIDENT: The bill is
2 passed.
3 THE SECRETARY: Calendar Number
4 712, by Senator Alesi, Senate Print 971, an
5 act to amend the Penal Law, in relation to the
6 crime of false personation.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 2.
10 This --
11 SENATOR MONTGOMERY: Lay it
12 aside.
13 THE PRESIDENT: The bill is laid
14 aside.
15 THE SECRETARY: Calendar Number
16 714, by Senator Maziarz, Senate Print 1160, an
17 act to amend the Criminal Procedure Law, in
18 relation to enacting criteria.
19 SENATOR SCHNEIDERMAN: Lay that
20 bill aside, too.
21 THE PRESIDENT: The bill is laid
22 aside.
23 Senator Skelos, that completes the
24 noncontroversial reading of the calendar.
25 SENATOR SKELOS: Can we go to the
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1 controversial reading.
2 THE PRESIDENT: The Secretary
3 will ring the bell and the members should
4 return to their seats, please, for the
5 calendar.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 649, by Senator Saland, Senate Print 3678, an
9 act to amend the Education Law.
10 SENATOR SCHNEIDERMAN:
11 Explanation.
12 THE PRESIDENT: Senator Saland,
13 an explanation has been requested.
14 SENATOR SALAND: Thank you, Madam
15 President.
16 Madam President, this is a bill
17 which we have seen in this house on prior
18 occasion.
19 And what the bill does, it attempts
20 to respond to a commissioner's ruling as far
21 back as 1998 in which the Commissioner of
22 Education -- and when I refer to a
23 commissioner's ruling, I'm referring to
24 Commissioner Mills, the Commissioner of
25 Education -- in a case coming out of the City
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1 of Buffalo, ruled that a young man who had
2 been involved in a physical altercation, for
3 which he ultimately was suspended from school,
4 could not be suspended or transferred as a
5 disruptive student.
6 The purpose of this bill is it
7 basically provides a means to transfer a
8 disruptive student, one which takes into
9 account the educational needs of that student
10 and also takes into account the needs of his
11 or her classmates.
12 There's little or nothing to be
13 gained by suspending a student multiple times,
14 returning him or her to the very same
15 classroom in which he or she has been engaged
16 in the activity that caused that suspension.
17 There is, however, where there is
18 an alternative school available, certainly
19 much to be gained in permitting a transfer of
20 that student, not only to further advance that
21 student's education, but also, it would seem
22 to me rather obviously, to benefit the
23 classmates of that student, who will no longer
24 find that their lives are being disrupted and
25 their ability to receive the education to
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1 which they are entitled is being disrupted.
2 That, Madam President, is the
3 essence of this bill. I believe there are two
4 or three memos in support. And as far as I
5 know, there are no memos in opposition.
6 THE PRESIDENT: Does any member
7 wish to be heard on this bill?
8 Then the debate is closed.
9 The Secretary will ring the bell.
10 Read the last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the first of
13 September.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE PRESIDENT: Senator
17 Montgomery, to explain your vote.
18 SENATOR MONTGOMERY: Yes, Madam
19 President. I see that I have opposed this
20 legislation in the past, and I'm going to
21 continue to oppose it.
22 I just want to be on record to say
23 that while I am fully sympathetic, empathetic
24 with the idea that disruptive students who
25 disrupt the educational environment for other
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1 students, we should have some alternatives for
2 dealing with them.
3 Unfortunately, my experience has
4 been that our system has not been able to come
5 to terms with what constitutes an environment
6 that allows young people, no matter what is
7 happening with them personally, to be able to
8 survive and to flourish. And so that's a
9 problem with the system.
10 The answer that we have given our
11 schools to date is, at least in New York City,
12 we've put police in the schools. So the
13 alternative right now is that they can be
14 arrested and charged with a felony, and that
15 is their alternative placement.
16 So I'm going to continue to vote no
17 on this legislation. I think it is incumbent
18 upon us as an institution, as well as the
19 education system as an institution, to try and
20 figure out how do we meet the needs of a new
21 generation of young people who are under a
22 tremendous amount of stress from many, many
23 different areas in their lives and for whom we
24 still have no net for them that protects them
25 from themselves as well as protects us from
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1 them.
2 So I'm going to continue to oppose
3 this and hope that we can look at our system
4 as a source of the problem as opposed to
5 always blaming the exact victim of the system.
6 Thank you, Madam President. I vote
7 no.
8 THE PRESIDENT: You will be so
9 recorded as voting in the negative, Senator.
10 Senator Diaz.
11 SENATOR DIAZ: Thank you. Thank
12 you, Madam President.
13 I represent a district in the Bronx
14 where many parents are always complaining
15 about their children losing interest in
16 attending school, due to the fact that there
17 are too many disruptive students -- few, not
18 too many -- few disruptive students and other
19 bullies.
20 And these individuals, these
21 students, are an impediment for the rest of
22 the class, for the rest of the students that
23 would like to come to school, that would like
24 to learn. They drop out sometimes because the
25 bullies, they disrupt the students and the
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1 bully students are the ones causing them to
2 lose their interest.
3 For the sake of those students that
4 want to come to school to study, we have to be
5 aware that we have to provide an environment
6 where students feel free, comfortable, and
7 they will be attending school.
8 So this bill, this bill is a very
9 good bill. This bill will send a message to
10 any bullies and to any students that come to
11 school, if you want to come to school, you
12 come to school to study. If you come to
13 school to disrupt the classes and to be an
14 impediment for the other students, you not
15 belong there, you belong somewhere else.
16 So yes, I'm voting yes. This is a
17 good bill. Thank you, Senator Saland, for
18 that bill.
19 THE PRESIDENT: Senator
20 Hassell-Thompson.
21 SENATOR HASSELL-THOMPSON: Thank
22 you, Madam President. On the bill.
23 Each time this bill has come before
24 us since I've been here in the Senate, I have
25 voted for the bill.
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1 But I continue to be disturbed by
2 one aspect. There is certainly a need for us
3 to make provisions for transfers for those
4 students that are violent. But to put the
5 term "disruptive" and "violent" in the same
6 legislation disturbs me a great deal.
7 I listened to Senator Diaz just
8 talk about how the bully and the disruptive
9 student should in fact be transferred. I put
10 that student in the category of violent
11 student, as opposed to disruptive.
12 We have a lot of students who
13 disrupt the classroom. But when you're in
14 those classrooms and you've spent some time
15 there, part of what you learn is that students
16 are disruptive many times because they're
17 absolutely bored. And to have them just
18 summarily transferred without trying to figure
19 out what's happening, then we're really not in
20 the business of educating children.
21 Because part of the boredom may
22 have to do with what's going on in the
23 classroom in and of itself. And I do not
24 believe that we should be discussing
25 disruptive students in the same bill with
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1 violent students.
2 I will be voting no.
3 THE PRESIDENT: Senator, you will
4 be so recorded as voting in the negative.
5 The Secretary will announce the
6 results.
7 THE SECRETARY: Those recorded in
8 the negative on Calendar Number 649 will are
9 Senators Duane, Hassell-Thompson, Montgomery,
10 Parker and A. Smith. Also Senator Andrews.
11 Absent from voting on Calendar
12 Number 649: Senator Brown.
13 Ayes, 53. Nays, 6.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 712, by Senator Alesi, Senate Print 971, an
18 act to amend the Penal Law, in relation to the
19 crime of false personation.
20 SENATOR MONTGOMERY: Explanation.
21 THE PRESIDENT: Senator Alesi, an
22 explanation has been requested.
23 SENATOR ALESI: Thank you, Madam
24 President.
25 This bill takes the existing law of
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1 false personation and it extends the penalties
2 for giving false information to a police
3 officer. And it also removes the requirement
4 that a police officer forewarn someone who is
5 giving their information about their identity.
6 SENATOR MONTGOMERY: Madam
7 President, if I may ask if Senator Alesi would
8 yield for a question.
9 THE PRESIDENT: Senator Alesi, do
10 you yield for a question?
11 SENATOR ALESI: Yes, I will.
12 THE PRESIDENT: You may proceed
13 with a question.
14 SENATOR MONTGOMERY: Senator
15 Alesi, I see that your legislation also would
16 remove the requirement that a person be
17 notified of their -- of the fact that they
18 would be guilty of false personation.
19 SENATOR ALESI: Yes, in my
20 explanation I did mention that, Madam
21 President, through you.
22 SENATOR MONTGOMERY: And, Madam
23 President, if I may -- if Senator Alesi would
24 continue to yield.
25 THE PRESIDENT: Senator Alesi,
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1 will you continue to yield?
2 SENATOR ALESI: Yes, I will.
3 THE PRESIDENT: You may proceed
4 with a question, Senator.
5 SENATOR MONTGOMERY: Senator
6 Alesi, why are you looking to remove that
7 simple requirement that you inform a person
8 that there is a criminal penalty for engaging
9 in false impersonation?
10 SENATOR ALESI: The requirement
11 is being removed simply because it's
12 unnecessary, it's cumbersome, and it could
13 really offer somebody a loophole of escape for
14 giving false information if they're not
15 forewarned by a police officer.
16 SENATOR MONTGOMERY: Thank you,
17 Senator Alesi.
18 SENATOR ALESI: You're welcome.
19 SENATOR MONTGOMERY: Madam
20 President, on this legislation.
21 THE PRESIDENT: You may proceed
22 on the bill, Senator.
23 SENATOR MONTGOMERY: As I have
24 stated in the past -- and I voted no in the
25 past, and I will continue to oppose it -- that
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1 there is in my mind no apparent rationale for
2 removing a requirement that you simply inform
3 a person.
4 And particularly in cases where
5 we're talking about teenagers, who may be
6 inclined to do something, either by mischief
7 or to try to avoid problems, they may not
8 realize that they're creating more problems
9 for themselves. And therefore are -- it is
10 important that they understand that there is a
11 consequence for doing such.
12 The legislation also changes the
13 level of the crime from a B to an A
14 misdemeanor, which is more serious.
15 And so I think because we're
16 talking to a large extent about minors,
17 essentially, this bill is going to hurt those
18 young people that we would like to, if at all
19 possible, guide them away from mischief and
20 away from the criminal justice system.
21 And if a police officer is able to
22 just say to them or is required to say to
23 them, You are going to be charged with a
24 misdemeanor if you are not telling me the
25 truth, I don't see where that is a huge
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1 problem. I can't imagine a police officer not
2 even wanting to do that.
3 So I'm going to oppose this
4 legislation, because I think it is -- one goes
5 a little bit too far in creating another trap
6 for young people in particular.
7 I vote no.
8 SENATOR ALESI: On the bill,
9 Madam President, if I may.
10 THE PRESIDENT: Senator Alesi, on
11 the bill.
12 SENATOR ALESI: From the time
13 we're raised, most of us know the difference
14 between right and wrong. Pretty much all of
15 us understand that if you tell a lie, it's not
16 the right thing to do.
17 And as we go through our lives, I
18 would say almost all of us don't really need
19 to have some kind of forewarning that if you
20 tell a lie, there is going to be some kind of
21 consequence. For those who believe in it,
22 it's one of the Ten Commandments, in fact.
23 But I think that this gives certain
24 protection to general society, in these days
25 of heightened concern over security. And more
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1 importantly, when we talk about identity
2 theft, by removing this requirement to
3 forewarn somebody, we're enabling police to do
4 their job better. And if they know who
5 they're really dealing with, it's making their
6 job even safer.
7 But it also protects people who
8 have their identity stolen by someone who
9 gives a false name at the time of being
10 stopped. And we all know what the pain of
11 having someone's identity stolen is in terms
12 of economic and emotional loss.
13 There isn't anyplace else where
14 people are required to be forewarned when they
15 are giving false information or they're about
16 to do something that's wrong. People know
17 that. They know it from the time that they're
18 raised as young children.
19 And to require a police officer to
20 warn somebody ahead of time if they give false
21 information is cumbersome for the police
22 officer, it could create an unsafe environment
23 for him, and it would continue to provide a
24 loophole for anybody who wants to give false
25 information in the hopes that they'll escape
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1 being identified in the commission of whatever
2 it is that they were stopped for in the first
3 place.
4 So I would simply urge my
5 colleagues to understand that this is a good
6 bill for everybody involved and urge them to
7 pass it without reservation.
8 THE PRESIDENT: Does any other
9 member wish to be heard?
10 Then the debate is closed.
11 The Secretary will ring the bell.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect on the first of
15 November.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Those recorded in
19 the negative on Calendar Number 712 are
20 Senators Duane and Montgomery.
21 Absent from voting on Calendar
22 Number 712: Senator Brown. Excuse me,
23 Senator Brown is in attendance.
24 Ayes, 58. Nays, 2.
25 THE PRESIDENT: The bill is
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1 passed.
2 THE SECRETARY: Calendar Number
3 714, by Senator Maziarz, Senate Print 1160, an
4 act to amend the Criminal Procedure Law, in
5 relation to enacting criteria.
6 THE PRESIDENT: Senator
7 Schneiderman.
8 SENATOR SCHNEIDERMAN: Thank you,
9 Madam President. On the bill.
10 THE PRESIDENT: You may proceed
11 on the bill.
12 SENATOR SCHNEIDERMAN: I don't
13 want to deny Senator Maziarz his chance for an
14 explanation, but we've indicated to Senator
15 Young -- we've bragged a great deal about how
16 much more efficient we are than the Assembly,
17 so we'd like to get out of here quickly today.
18 This is another piece of
19 legislation that comes before us year in and
20 year out that I would respectfully submit has
21 to be redrafted if there's any chance of it
22 becoming law.
23 This is a response to obviously a
24 heinous crime, and it is an effort to address
25 a problem that may very well be a problem.
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1 But this particular statute
2 requires -- changes the entire process for the
3 setting of bail in this state to require that
4 a court undertake an open-ended inquiry, with
5 no additional funding provided for the
6 prosecution or the defense to call witnesses
7 and to assist the court in this evaluation --
8 the court to undertake an open-ended inquiry
9 as to whether or not a person accused of a
10 crime, not even necessarily indicted,
11 certainly presumed to be innocent, is a danger
12 to the alleged victim in a criminal action,
13 members of the community, or to himself or
14 herself.
15 Now, the problem that many of us
16 have with this bill is that under the current
17 statute governing determination of bail, the
18 court is required to consider and take into
19 account the principal's character, reputation,
20 habits and mental condition, family ties,
21 criminal record, record of previous
22 adjudication. Everything a court needs to
23 take into account to set bail based on the
24 perception of a defendant's dangerousness is
25 already in the statute.
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1 What this bill does is impose an
2 additional requirement on every court setting
3 bail throughout the state to make an
4 assessment as to the danger this person poses
5 to the members of the community. This could
6 be someone who's never committed a crime, who
7 hasn't even been indicted.
8 And, frankly, every defense lawyer
9 in the state is going to, you know, ask to be
10 able to call witnesses in a situation where
11 they're concerned that their client is going
12 to be held based on an assessment by the court
13 that has nothing to do with the charges
14 brought against that person.
15 This takes the issue of bail away
16 from the acts committed, the acts that are
17 alleged to have been committed, and launches
18 us into an unknown territory of hearings on
19 really psychological states of people that,
20 frankly, our local courts, prosecutors, and
21 defense bar are not equipped to deal with.
22 So while I'm sympathetic to Senator
23 Maziarz's concern that there may be a need to
24 tighten up the requirements for bail in this
25 state so that courts perhaps take into
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1 account -- and it could be simply added to the
2 list of factors that are enumerated in the
3 existing law -- take into account the person's
4 potential for dangerousness.
5 But adding the additional
6 requirement for an open-ended inquiry I think
7 is a major mistake. I think it prevents it
8 from ever becoming law, it prevents it from
9 being passed in the Assembly, and therefore
10 makes it irrelevant as a matter of our current
11 procedure.
12 But it also doesn't accomplish its
13 goal if the goal, as I believe it has been set
14 forth in the repeated eloquent explanations by
15 the sponsor on this piece of legislation, is
16 to try and prevent situations where someone
17 who poses an extreme danger to the victim of
18 the alleged crime for which that person is
19 charged is allowed out without any
20 consideration of that -- the dangerousness.
21 So I think this is a piece of
22 legislation that needs more work. I am going
23 to vote against it, as I have in the past. I
24 would urge the sponsor that with some
25 modifications, I think the issues that it
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1 raises could be addressed.
2 This is not the way to do it. This
3 is not going to become law. And it shouldn't
4 become law. We should not have this sort of
5 open-ended inquiry about people who have never
6 been convicted of anything; in some cases,
7 have never been charged with anything, never
8 been indicted. That's what this bill would
9 do.
10 And I'm going to vote no, Madam
11 President, as I have in the past, and urge my
12 colleagues also to vote no.
13 Thank you.
14 THE PRESIDENT: Does any other
15 member wish to be heard?
16 Then the debate, so-called, is
17 closed.
18 The Secretary will ring the bell.
19 Read the last section.
20 THE SECRETARY: Section 4. This
21 act shall take effect on the first of
22 November.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE PRESIDENT: Senator Maziarz,
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1 to explain your vote.
2 SENATOR MAZIARZ: Thank you,
3 Madam President. To explain my vote.
4 My colleague, Senator Schneiderman,
5 was wrong about many things. He said this
6 bill has come up year after year after year.
7 This is actually the second year that this
8 bill has come before the Senate.
9 And this bill would expand the
10 scope of criteria. Actually, this same
11 criteria is used today in federal court, and
12 it didn't cost them a whole lot of money when
13 they expanded their criteria to implement this
14 new way of setting bail.
15 What this bill would do, it would
16 allow abusers -- particularly in the area of
17 domestic violence, it would allow judges to
18 use past history of an abuser in setting bail.
19 The case that I cite in the
20 justification for this bill is a case that I
21 have mentioned on the floor of this Senate
22 several other times, and I think till the last
23 day I serve here will always mention it. It
24 was the case of Jill Cahill, in Syracuse, who
25 was brutally beaten and murdered by her
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1 husband several times.
2 It didn't have to happen. The
3 criminal justice system failed Jill Cahill.
4 It continues to fail her children today. And
5 it failed her because her husband, after
6 beating her numerous times, numerous times was
7 let out on bail.
8 There is one thing that I do agree
9 with Senator Schneiderman on, and I think the
10 chances of this passing in the New York State
11 Assembly are extremely remote. And that is
12 really a shame.
13 You know, last year we had a lot of
14 talk about the dysfunction in Albany and how
15 we don't work very well up here. And, you
16 know, the reality of it is that if this bill
17 were to be put out on the floor of the
18 Assembly, 138 members would vote in the
19 affirmative, 12 liberals from Manhattan would
20 vote in the negative. But they can hold it up
21 from coming out.
22 And that's a shame for the
23 Legislature, it's a shame for the Assembly,
24 but more than anything it's really -- it's a
25 shame for Jill Cahill.
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1 Thank you, Madam President.
2 THE PRESIDENT: Senator Maziarz,
3 you will be so recorded as voting in the
4 affirmative.
5 Senator Schneiderman.
6 SENATOR SCHNEIDERMAN: Thank you,
7 Madam President.
8 I appreciate my -- the Greek chorus
9 behind me.
10 I enjoy debating Senator Maziarz on
11 the facts that are before us. And whether I'm
12 wrong about a great many things, like the
13 propriety of children running through the
14 woods being chased by wounded bears or not, we
15 can leave for another day. I realize we
16 disagree on some issues.
17 I do think, however, as long as
18 we're correcting misstatements, this is not
19 the rule in the federal court, where I
20 practiced law for many years and continue to
21 practice law.
22 There is a potentially huge
23 economic impact on our local court systems
24 from this. And I don't think for -- fiscal
25 conservatives from Manhattan tend to be
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1 concerned about these things.
2 This is creating an entire new area
3 of inquiry, there's no denying it. And all we
4 have are Senator Maziarz's blanket assertions
5 that this is not going cost much money.
6 This turns every bail hearing into
7 a potential evidentiary hearing on an
8 open-ended issue. It's not the way to address
9 this problem. I will continue to vote no.
10 And I'm not sure -- I will carry
11 back to my colleagues from Manhattan his
12 attribution of extraordinary powers to them in
13 the Assembly.
14 But I think it's better to be right
15 than to posture on an issue as serious as
16 this, and I think that's what we're doing with
17 this piece of legislation. So I will be
18 voting no, Madam President.
19 THE PRESIDENT: You will be so
20 recorded as voting in the negative, Senator.
21 The Secretary will announce the
22 results.
23 THE SECRETARY: Those recorded in
24 the negative on Calendar Number 714 are
25 Senators Andrews, Breslin, Connor,
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1 Hassell-Thompson, Montgomery, Parker,
2 Paterson, Schneiderman and A. Smith.
3 Ayes, 51. Nays, 9.
4 THE PRESIDENT: The bill is
5 passed.
6 Senator Skelos, that completes the
7 reading of the calendar.
8 SENATOR SKELOS: Thank you, Madam
9 President. Is there any further business to
10 come before the Senate?
11 THE PRESIDENT: No, there isn't,
12 Senator.
13 SENATOR SKELOS: There being
14 none, I move we stand adjourned until Tuesday,
15 May 17th, at 3:00 p.m.
16 THE PRESIDENT: On motion, the
17 Senate now stands adjourned until Tuesday,
18 May 17th, 3:00 p.m.
19 (Whereupon, at 4:11 p.m., the
20 Senate adjourned.)
21
22
23
24
25
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