Regular Session - June 8, 2005
3478
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 8, 2005
11 11:24 a.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
Candyco Transcription Service, Inc.
(518) 371-8910
3479
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: In the absence of
10 clergy, may we bow our heads in a moment of
11 silence, please.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 THE PRESIDENT: Reading of the
15 Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, June 7, the Senate met pursuant to
18 adjournment. The Journal of Monday, June 6,
19 was read and approved. On motion, Senate
20 adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
Candyco Transcription Service, Inc.
(518) 371-8910
3480
1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Fuschillo.
8 SENATOR FUSCHILLO: Thank you,
9 Madam President.
10 On behalf of Senator Winner, on
11 page number 17 I offer the following
12 amendments to Calendar Number 529, Senate
13 Print Number 3154, and ask that said bill
14 retain its place on Third Reading Calendar.
15 THE PRESIDENT: The amendments
16 are received, and the bill will retain its
17 place on the Third Reading Calendar.
18 Senator Skelos.
19 SENATOR SKELOS: Madam President,
20 I believe there's a substitution at the desk,
21 if we could make it at this time.
22 THE PRESIDENT: Excuse me,
23 Senator, I couldn't hear you.
24 Could we please have order so the
25 members can be heard.
Candyco Transcription Service, Inc.
(518) 371-8910
3481
1 Senator Skelos.
2 SENATOR SKELOS: I believe
3 there's a substitution at the desk. If we
4 could make it at this time.
5 THE PRESIDENT: Thank you.
6 The Secretary will read.
7 THE SECRETARY: On page 67,
8 Senator Leibell moves to discharge, from the
9 Committee on Rules, Assembly Bill Number 6722
10 and substitute it for the identical Senate
11 Bill Number 3625, Third Reading Calendar 1391.
12 THE PRESIDENT: Substitution
13 ordered.
14 Senator Skelos.
15 SENATOR SKELOS: Thank you, Madam
16 President.
17 There's a Resolution 2279, by
18 Senator Bonacic, at the desk. This was
19 previously adopted. If we could have it read
20 in its entirety at this time.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: By Senator
24 Bonacic, Legislative Resolution Number 2279,
25 commending the Valedictorians, Salutatorians
Candyco Transcription Service, Inc.
(518) 371-8910
3482
1 and Honored Students of the 42nd Senate
2 District, in recognition of their outstanding
3 accomplishments, at a celebration to be held
4 at the State Capitol on June 8, 2005.
5 "WHEREAS, It is the sense of this
6 Legislative Body to act in accord with its
7 long-standing traditions, to honor the youth
8 of today -- the leaders of tomorrow -- whose
9 characters and achievements exemplify the
10 ideals and values cherished by this great
11 State and Nation; and
12 "WHEREAS, This Legislative Body is
13 justly proud to recognize and commend the high
14 achievements of these dedicated students in
15 the 42nd Senate District on the occasion of a
16 special celebratory visit to the State Capitol
17 in Albany, New York, on Wednesday, June 8,
18 2005. At this time the Valedictorians,
19 Salutatorians and Honored Students who have
20 been selected by their school leadership for
21 outstanding community service will receive
22 special recognition from the Senate in the
23 Senate Chamber. Lunch will be served in The
24 Well of the Legislative Office Building,
25 followed by a tour of the State Capitol; and
Candyco Transcription Service, Inc.
(518) 371-8910
3483
1 "WHEREAS, These Valedictorians,
2 Salutatorians and Honored Students represent
3 the best of developed potential inherent in
4 our most precious resource, our youth. Their
5 achievements have brought enduring honor to
6 their families and communities and should be
7 recognized and saluted; and
8 "WHEREAS, The Valedictorians who
9 are being commended today for their
10 outstanding academic performances and
11 exemplary achievements include: Kimberly
12 McAdams, Cali Riese, Vera Neroni, Bryan Hoyt,
13 Timothy Hallock, Celia Barry, Robert
14 Sneckenberg, Mark Suozzo, Annmarie Argiros,
15 Courtney Cavalieri, Gregory Morrison, Michael
16 Wagner, Emily Dalrymple, Devin Kittle,
17 Jennifer Murray, Christopher Krogslund, Medum
18 Choe, Kathryn Vitelli, Allyson Pickard, John
19 Beck, Jr., Jonathan Rankin, Dana Buchholz,
20 Chryste Springman, Jacqueline Ball, Brian
21 Dionne, Julie Many, Patrick Wenner, Heather
22 Lander, Cecilia Pompeii, Caroline Curley, and
23 Georgette Galley; and
24 "WHEREAS, The Salutatorians who are
25 being commended today for their outstanding
Candyco Transcription Service, Inc.
(518) 371-8910
3484
1 academic performances and exemplary
2 achievements include: Lara Govendo, Jessica
3 Shea, Jennifer Hewitt, Shane Bussiere, Jessica
4 Cherry, Mariya Gusman, Kelly Hobby, Samantha
5 Austin, David Caramore, Katherine Hyland,
6 Ariel Azoff, David Olson, Jessica Fisk, Adam
7 Lehn, Michelle Pederson, Michael Panko,
8 Antoinette Fuoto, Bryan Bird, Ross Beckman,
9 Mayde Smith, Bradley Pickard, Roseanne Wilcox,
10 Arleigh Kincheloe, Stephanie Patapis, David
11 Anderson, Karyn Tucker, Barbara Vigna, Emily
12 Nebzydoski, Abram Leon, Keirstin Johnsen, and
13 Schuyler VanBuren; and
14 "WHEREAS, The Honored Students who
15 are being commended today and who have been
16 selected by their school leadership for
17 outstanding school or community service
18 include: Micheal Batiste, Tanya Sellevold,
19 Jennifer Reynolds, Brittany Deno, Kristie
20 Meehan, Victoria Cohen, Benjamin Kolansky,
21 Stephen Gorschack, Justin Lulli, Margaret
22 Wang, Michelle Silver, Laura Hanratty, Suzanna
23 DiBenedetto, Susan Riddick, Laura Ferranti,
24 Tiffany Anderson, Sally Eickmeyer, Alison
25 Sickler, Dustin Sullivan, Aarika Gruber, Renee
Candyco Transcription Service, Inc.
(518) 371-8910
3485
1 Hunt, Norie Grant, Elizabeth Bell, Jaclyn
2 Bunch, Alice Cook, and Meredith Hey; and
3 "WHEREAS, These Valedictorians,
4 Salutatorians and Honored Students may now
5 stand with pride as they assess their
6 achievements, experience the satisfaction of
7 their labors and the joy of their
8 accomplishments, eager to face the new
9 experiences of a challenging world; now,
10 therefore, be it
11 "RESOLVED, That this Legislative
12 Body pause in its deliberations to commend the
13 Valedictorians, Salutatorians and Honored
14 Students of the 42nd Senate District, in
15 recognition of their outstanding
16 accomplishments, at a celebration to be held
17 at the State Capitol on June 8, 2005; and be
18 it further
19 "RESOLVED, That copies of this
20 resolution, suitably engrossed, be transmitted
21 to the aforementioned Valedictorians,
22 Salutatorians and Honored Students."
23 THE PRESIDENT: Senator Bonacic.
24 SENATOR BONACIC: Thank you,
25 Madam President.
Candyco Transcription Service, Inc.
(518) 371-8910
3486
1 First of all, I stand to welcome
2 all of our valedictorians, salutatorians and
3 community service award students in the 42nd
4 Senate District. We have 190 invited guests.
5 To my colleagues I say to you:
6 This is the best of the best in my Senate
7 district.
8 I want to thank the Lieutenant
9 Governor, who came to a forum this morning to
10 speak personally to all of our honored guests.
11 The Lieutenant Governor, as you know, is
12 Acting Governor, because Governor Pataki is in
13 Spain.
14 And I want to thank you, Governor,
15 for taking time out of your schedule to be
16 here and at that forum.
17 We will be treating our honored
18 guests to lunch today. They will be taking
19 tours. They also were addressed by educators
20 at the college level, telling them something
21 that they might expect when they go from
22 transition from high school to college.
23 I would just simply say to you that
24 we wish you the best in all your endeavors.
25 As you pursue your college career, I suggest
Candyco Transcription Service, Inc.
(518) 371-8910
3487
1 to you that you should stay in school as long
2 as you can. Maybe your parents don't like to
3 hear that, because tuition bills are getting
4 higher and higher. But higher education
5 translates into a better quality of life.
6 And I would hope that when you are
7 done with your education and you've achieved
8 and you know the occupation that you want to
9 go into, that you think of coming and working
10 and living in the State of New York, make it
11 stronger and better.
12 I'm so honored to have you here
13 today.
14 Thank you very much, Madam
15 President.
16 THE PRESIDENT: All in favor of
17 the resolution please signify by saying aye.
18 (Response of "Aye.")
19 THE PRESIDENT: Senator Skelos,
20 do you wish to speak first?
21 SENATOR SKELOS: Governor, I
22 believe that was previously adopted.
23 THE PRESIDENT: All who are still
24 in favor of the resolution please signify by
25 saying aye.
Candyco Transcription Service, Inc.
(518) 371-8910
3488
1 (Response of "Aye.")
2 THE PRESIDENT: The resolution
3 was previously adopted.
4 Congratulations and best wishes for
5 continued success.
6 (Standing ovation.)
7 THE PRESIDENT: Senator Skelos.
8 SENATOR SKELOS: There is a
9 Resolution 2373 at the desk, by Senator
10 Breslin. Could we have the title read and
11 move for its immediate adoption.
12 THE PRESIDENT: The Secretary
13 will read.
14 THE SECRETARY: By Senator
15 Breslin, Legislative Resolution Number 2373,
16 honoring Marsha A. Cohen upon the occasion of
17 her designation as the recipient of the APIW
18 Insurance Woman of the Year Award on June 8,
19 2005.
20 THE PRESIDENT: On the
21 resolution, everyone in favor please signify
22 by saying aye.
23 (Response of "Aye.")
24 THE PRESIDENT: Opposed, nay.
25 (No response.)
Candyco Transcription Service, Inc.
(518) 371-8910
3489
1 THE PRESIDENT: The resolution is
2 adopted.
3 Senator Skelos.
4 SENATOR SKELOS: Madam President,
5 please recognize Senator Saland.
6 THE PRESIDENT: Senator Saland.
7 SENATOR SALAND: Thank you, Madam
8 President. I would like to place a sponsor's
9 star on Calendar 1272, Senate 5415.
10 THE PRESIDENT: So ordered,
11 Senator.
12 SENATOR SKELOS: Madam President,
13 I think it would be appropriate at this time
14 to let the membership know that Senator
15 Saland -- and Senator Spano informed me of
16 this -- became a grandfather yesterday to a
17 baby boy, Isaac.
18 Congratulations, Senator Saland.
19 (Applause.)
20 SENATOR SKELOS: Linda is already
21 preparing for the bar mitzvah and for the
22 wedding.
23 (Laughter.)
24 THE PRESIDENT: Senator Skelos.
25 SENATOR SKELOS: Thank you, Madam
Candyco Transcription Service, Inc.
(518) 371-8910
3490
1 President. If we could go to the
2 noncontroversial reading of the calendar.
3 THE PRESIDENT: The Secretary
4 will read.
5 THE SECRETARY: Calendar Number
6 34, by Senator Maziarz, Senate Print 302A, an
7 act to amend the Highway Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 55.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 258, by Senator Nozzolio, Senate Print 1946,
19 an act to amend the General Municipal Law.
20 THE PRESIDENT: There is a
21 home-rule message at the desk.
22 Read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3491
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 55.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 268, by Senator LaValle, Senate Print 2952A,
7 an act to amend the Education Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 55.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 316, by Senator LaValle, Senate Print 2963A,
19 an act to amend the General Business Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 30th day after it
24 shall have become a law.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3492
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 55.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 468, by Senator Volker, Senate Print 918A, an
7 act to amend the Environmental Conservation
8 Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 53. Nays,
16 2. Senators Duane and Serrano recorded in the
17 negative.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 520, by Senator Libous, Senate Print 3611, an
22 act to amend the Tax Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
Candyco Transcription Service, Inc.
(518) 371-8910
3493
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 55.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 675, by Senator Little, Senate Print 4014A, an
9 act to authorize the Town of Champlain.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 55.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 693, by Senator Winner, Senate Print 4814A, an
21 act to amend the Agriculture and Markets Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3494
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 55.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 855, by Senator Seward, Senate Print 2390A, an
8 act to amend the Insurance Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE PRESIDENT: Senator Onorato,
16 to explain your vote.
17 SENATOR ONORATO: Madam
18 President, to explain my vote.
19 I commend the sponsor for this
20 bill. Many of the ideas he proposes are
21 necessary to help combat auto insurance fraud
22 in this state. I've supported this bill in
23 the past and will again today.
24 I would also like to point out that
25 while this is a good bill, it could be a bit
Candyco Transcription Service, Inc.
(518) 371-8910
3495
1 better. My colleague Senator Montgomery has
2 been the sponsor of a bill that included most
3 of the proposals contained in Senator Seward's
4 bill. However, it also included measures that
5 would help protect consumers in our state,
6 such as establishing the Office of Consumer
7 Advocate to represent the interests of
8 automobile and health insurance consumers.
9 Additionally, I do have some
10 concerns with the provision allowing an
11 insurer to delay or deny a claim after the
12 current 30-day deadline for payment has
13 passed. This could put honest consumers with
14 legitimate claims in a difficult financial
15 situation while waiting to receive payment.
16 I urge Senator Seward to consider
17 language in the Assembly's fraud bill which
18 increases the 30-day limit to 45 days and
19 provides a much tougher standard on insurers
20 for claims they do delay or deny.
21 I will be voting aye.
22 THE PRESIDENT: You will be
23 recorded as voting in the affirmative, Senator
24 Onorato.
25 Senator DeFrancisco.
Candyco Transcription Service, Inc.
(518) 371-8910
3496
1 SENATOR DeFRANCISCO: Yes, I'd
2 like to explain my vote.
3 I'm going to vote no. This is not
4 a balanced bill. Insurance fraud is not
5 limited to insureds.
6 In this situation, by continually
7 limiting the amount of time that an individual
8 has to file a claim or expanding the time that
9 insurance companies have an opportunity to
10 contest the claim, is not anti-fraud, it's
11 anti-consumer as far as I can see.
12 There are provisions, if a bill is
13 being questioned -- there are provisions in
14 existing law, if a medical bill is being
15 questioned, to extend the period of time and
16 request documentation and backup and
17 verification.
18 So I just think we keep moving and
19 moving in a direction assuming that insured
20 people are the only ones who cause problems in
21 the insurance industry. And for those
22 reasons -- and I think we need a much more
23 balanced approach, because there are
24 situations where insurance companies
25 wrongfully withhold payments for spurious
Candyco Transcription Service, Inc.
(518) 371-8910
3497
1 reasons, where an individual does not have a
2 remedy against these types of activities.
3 And it's about time that we have a
4 balanced bill that deals with those situations
5 as well as fraud that can occur as a result of
6 a consumer. So I vote no.
7 THE PRESIDENT: Senator
8 DeFrancisco, you will be recorded as voting in
9 the negative on this bill.
10 Senator Schneiderman.
11 SENATOR SCHNEIDERMAN: Thank you,
12 Madam President. To explain my vote.
13 I really have to strongly echo and
14 amplify what Senator DeFrancisco just said.
15 We are not going to reform the Insurance
16 Law -- and let's keep in mind that the
17 anti-fraud steps that have been taken
18 administratively in this state have had
19 substantial effects so far already. Rates are
20 going down, due to the good work of the
21 Department of Insurance and the State Attorney
22 General and others. We have had some success
23 administratively.
24 I do support codification of a
25 measure to further reform the Insurance Law in
Candyco Transcription Service, Inc.
(518) 371-8910
3498
1 this area and to reduce costs through
2 preventing wrongful claimants from tying up
3 the system.
4 Unfortunately, this measure throws
5 out the baby with the bathwater and would
6 clearly delay payments of legitimate claims to
7 people who are simply trying to get a claim
8 honored by insurance companies who, as we all
9 know, have systems -- many insurance companies
10 are totally honorable; many are not. They
11 have systems where they delay every claim and
12 then it's how hard you push that determines
13 whether or not a legitimate claim is honored.
14 So I will also be voting in the
15 negative on this bill, in the hopes that we
16 will see a better bill down the road that
17 might have a chance of passing both houses,
18 becoming law, and is truly a balanced bill
19 respecting the fact that consumers may be in
20 the wrong sometimes but so may insurance
21 companies.
22 Thank you, Madam President.
23 THE PRESIDENT: You will be so
24 recorded as voting in the negative, Senator
25 Schneiderman.
Candyco Transcription Service, Inc.
(518) 371-8910
3499
1 The Secretary will announce the
2 results.
3 THE SECRETARY: Those recorded in
4 the negative on Calendar Number 855 are
5 Senators DeFrancisco, Duane, L. Krueger,
6 Schneiderman and Stavisky.
7 Ayes, 51. Nays, 5.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 862, by Senator DeFrancisco, Senate Print
12 4135A, an act to amend the Judiciary Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 56.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 863, by Senator DeFrancisco, Senate Print
24 4340, an act to amend the Estates, Powers and
25 Trusts Law.
Candyco Transcription Service, Inc.
(518) 371-8910
3500
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 942, by Senator Skelos, Senate Print 3982, an
12 act to amend Chapter 821 of the Laws of 1970.
13 THE PRESIDENT: There is a
14 home-rule message at the desk.
15 Read the last 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, 57.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1014, by Senator Saland, Senate Print 3314A,
25 an act to amend the General Business Law.
Candyco Transcription Service, Inc.
(518) 371-8910
3501
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 180th day after
5 it shall have become a law.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1076, by Senator Volker, Senate Print 2415A --
13 SENATOR SKELOS: Lay it aside for
14 the day, please.
15 THE PRESIDENT: The bill is laid
16 aside for the day.
17 THE SECRETARY: Calendar Number
18 1085, by Senator Marchi, Senate Print 4391, an
19 act to amend the Retirement and Social
20 Security Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3502
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1089, by Senator Saland, Senate Print 5352, an
7 act to amend the Education Law.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1091, by Senator Saland, Senate Print 2890A,
19 an act to amend the Social Services Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
3503
1 THE SECRETARY: Ayes, 57.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1092, by Senator Golden, Senate Print 5033, an
6 act to amend the Social Services Law.
7 THE PRESIDENT: Read the last
8 section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 THE PRESIDENT: Call the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 57.
14 THE PRESIDENT: The bill is
15 passed.
16 THE SECRETARY: Calendar Number
17 1116, by Senator Trunzo, Senate Print 5097A,
18 an act to authorize the assessor of the Town
19 of Brookhaven.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
3504
1 THE SECRETARY: Ayes, 56. Nays,
2 1. Senator Bonacic recorded in the negative.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1117, by Member of the Assembly McLaughlin,
7 Assembly Bill Number 7872, an act to provide
8 enhanced financial assistance.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 57.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1120, by Member of the Assembly McLaughlin
20 Assembly Print Number 7870, an act to amend
21 the Real Property Tax Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3505
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1127, by Senator Leibell, Senate Print 5224,
8 an act to amend the Public Authorities Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 57.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1130, by Senator Winner, Senate Print 1781, an
20 act to amend the Navigation Law.
21 THE PRESIDENT: There is a
22 home-rule message at the desk.
23 Read the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3506
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1137, by Senator LaValle, Senate Print 4652,
8 an act to amend the Education Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 57.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1159, by Senator Winner, Senate Print 2619, an
20 act to amend the Agriculture and Markets Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 3. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3507
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1160, by Member of the Assembly Magee,
7 Assembly Print Number 6061, an act to amend
8 the Agriculture and Markets Law.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 THE PRESIDENT: Call the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 57.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 1162, by Member of the Assembly Koon, Assembly
20 Print Number 7078, an act to amend the
21 Agriculture and Markets Law.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
Candyco Transcription Service, Inc.
(518) 371-8910
3508
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 57.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 1184, by Member of the Assembly Magee,
8 Assembly Print Number 7170, an act to amend
9 the Agriculture and Markets Law.
10 THE PRESIDENT: Read the last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 57.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 1202, by Senator Saland, Senate Print 5332, an
21 act to amend the Public Authorities Law.
22 SENATOR MONTGOMERY: Lay it
23 aside.
24 THE PRESIDENT: The bill is laid
25 aside.
Candyco Transcription Service, Inc.
(518) 371-8910
3509
1 THE SECRETARY: Calendar Number
2 1210, by Member of the Assembly Thiele,
3 Assembly Print Number 4240, an act authorizing
4 certain members of the New York State and
5 Local Police and Firemen Retirement System.
6 THE PRESIDENT: Read the last
7 section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 THE PRESIDENT: There is a
11 home-rule message at the desk.
12 Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1256, by Senator Nozzolio, Senate Print 4266,
19 an act to amend the Executive Law.
20 THE PRESIDENT: Read the last
21 section.
22 THE SECRETARY: Section 9. This
23 act shall take effect immediately.
24 THE PRESIDENT: Call the roll.
25 (The Secretary called the roll.)
Candyco Transcription Service, Inc.
(518) 371-8910
3510
1 THE SECRETARY: Ayes, 57.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 1269, by Senator Saland, Senate Print 3680A,
6 an act to amend Chapter 472 of the Laws of
7 1998.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 57.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 1275, by Member of the Assembly Aubertine,
19 Assembly Print Number 7114A, an act to amend
20 the Real Property Tax Law.
21 THE PRESIDENT: Read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 THE PRESIDENT: Call the roll.
Candyco Transcription Service, Inc.
(518) 371-8910
3511
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes, 57.
3 THE PRESIDENT: The bill is
4 passed.
5 THE SECRETARY: Calendar Number
6 1282, by Senator Little --
7 SENATOR SKELOS: Lay it aside for
8 the day, please.
9 THE PRESIDENT: The bill is laid
10 aside for the day.
11 THE SECRETARY: Calendar Number
12 1284, by Senator Larkin, Senate Print 4018, an
13 act to amend the Real Property Tax Law.
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, 57.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1286, by Senator Meier, Senate Print 4540, an
25 act to amend the Real Property Tax Law.
Candyco Transcription Service, Inc.
(518) 371-8910
3512
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1292, by Member of the Assembly Millman,
12 Assembly Print Number 7709, an act to amend
13 the Real Property Law.
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, 57.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1294, by Senator Little, Senate Print 5327, an
25 act to amend the Local Finance Law.
Candyco Transcription Service, Inc.
(518) 371-8910
3513
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1295, by Senator Little, Senate Print 5328A,
12 an act to amend Chapter 492 of the Laws of
13 1993.
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, 57.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1300, by Senator Padavan, Senate Print 5382,
25 an act to amend Chapter 130 of the Laws of
Candyco Transcription Service, Inc.
(518) 371-8910
3514
1 1998.
2 THE PRESIDENT: Read the last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1312, by Senator Stavisky, Senate Print 1424,
13 an act to amend the Education Law.
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, 57.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1318, by Senator Johnson, Senate Print 5181,
25 an act to amend the Education Law.
Candyco Transcription Service, Inc.
(518) 371-8910
3515
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 11. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1320, by Senator Wright, Senate Print Number
12 5368, an act to amend the Education Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect July 1, 2005.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1321, by Senator LaValle, Senate Print 5422,
24 an act to amend the Education Law.
25 THE PRESIDENT: Read the last
Candyco Transcription Service, Inc.
(518) 371-8910
3516
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE PRESIDENT: Senator LaValle,
7 to explain your vote.
8 SENATOR LaVALLE: Thank you,
9 Madam President.
10 During 2004, the Senate Higher
11 Education Committee had created a subcommittee
12 to deal with the nursing shortage problem. It
13 was a committee made up of members of both
14 majority and minority members of the
15 committee. The chairperson of that committee
16 was Senator Patricia McGee.
17 Pat McGee took the charge of her
18 duties with so much enthusiasm, set up five or
19 six roundtable discussions around the state
20 and also made sure that the subcommittee
21 members fully participated. And they did.
22 As a result of her efforts, during
23 this year's budget we included money for
24 nursing faculty scholarships, and the program
25 was called the New York State Nursing Faculty
Candyco Transcription Service, Inc.
(518) 371-8910
3517
1 Scholarship Program. This legislation is
2 dedicating the efforts of Pat McGee and
3 renaming those scholarships the Senator
4 Patricia K. McGee Nursing Scholarship Program.
5 So by our votes today we are once
6 again commemorating a colleague who had some
7 vision, energy, enthusiasm and did a job well
8 done for the state and dealt programmatically
9 with a problem that we have faced.
10 I vote in the affirmative.
11 THE PRESIDENT: You will be so
12 recorded, Senator LaValle, as voting in the
13 affirmative on this bill.
14 Senator Stavisky, to explain your
15 vote.
16 SENATOR STAVISKY: To explain my
17 vote, Madam President.
18 I want to echo what Senator LaValle
19 said. I attended almost all of those
20 hearings. And we've attended hearings, all
21 parts of the state, on a variety of issues.
22 And you sit there on the podium and you listen
23 to the testimony and you read the testimony as
24 it's presented.
25 These hearings were different.
Candyco Transcription Service, Inc.
(518) 371-8910
3518
1 These were hearings throughout the state, and
2 Pat McGee brought a sense of enthusiasm and at
3 the same time conveyed her concern for the
4 serious situation we have involving the
5 shortage of nurses in our state and in fact
6 throughout the country.
7 This was not -- these were not
8 typical hearings. She did what any good
9 teacher would do, she involved the
10 participants. There would be 20 or 30 people
11 attending these hearings, and she brought out
12 their concerns and their interests were
13 represented in a remarkable, remarkable way.
14 And so I want to commend the
15 committee and Senator LaValle for naming the
16 nursing scholarships after Pat McGee so that
17 someday, down the line, our
18 great-grandchildren will say: I had a Pat
19 McGee scholarship to nursing, and she was a
20 member of the Senate -- and through that her
21 legacy will continue.
22 And I thank you, Madam President.
23 THE PRESIDENT: You will be
24 recorded, Senator Stavisky, as voting in the
25 affirmative on this bill.
Candyco Transcription Service, Inc.
(518) 371-8910
3519
1 SENATOR STAVISKY: I vote yes.
2 THE PRESIDENT: And so you will
3 be recorded.
4 The Secretary will announce the
5 results.
6 THE SECRETARY: Ayes, 57.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1322, by Member of the Assembly Magee,
11 Assembly Print Number 7410B, an act to amend
12 the Agriculture and Markets Law.
13 THE PRESIDENT: Read the last
14 section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 56. Nays,
20 1. Senator Meier recorded in the negative.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1326, by Senator Marcellino, Senate Print
25 3114A, an act to amend the Education Law.
Candyco Transcription Service, Inc.
(518) 371-8910
3520
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 16. This
4 act shall take effect two years after the date
5 on which it shall have become a law.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1368, by Senator Skelos, Senate Print 4793B,
13 an act to amend the Correction Law.
14 THE PRESIDENT: Read the last
15 section.
16 SENATOR MONTGOMERY: Lay it
17 aside.
18 THE PRESIDENT: The bill is laid
19 aside.
20 THE SECRETARY: Calendar Number
21 1381, by Senator Trunzo, Senate Print 138, an
22 act to amend the Public Authorities Law.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
Candyco Transcription Service, Inc.
(518) 371-8910
3521
1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1382, by Senator Larkin, Senate Print 448, an
9 act to amend the Surrogate's Court Procedure
10 Act.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 8. This
14 act shall take effect on the first day of
15 January.
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 1383, by Senator Padavan, Senate Print 1043,
23 an act to amend the Vehicle and Traffic Law.
24 THE PRESIDENT: There is a local
25 fiscal impact note at the desk.
Candyco Transcription Service, Inc.
(518) 371-8910
3522
1 Read the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 THE PRESIDENT: Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 57.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 1384, by Senator Rath, Senate Print 1515, an
11 act to amend the Vehicle and Traffic Law.
12 THE PRESIDENT: Read the last
13 section.
14 THE SECRETARY: Section 3. This
15 act shall take effect on the 180th day after
16 it shall have become a law.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 57.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 1385, by Senator Stachowski, Senate Print
24 2086, an act authorizing the Village of
25 Hamburg.
Candyco Transcription Service, Inc.
(518) 371-8910
3523
1 THE PRESIDENT: There is a
2 home-rule message at the desk.
3 Read the last section.
4 THE SECRETARY: Section 6. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes, 57.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 1386, by Senator Morahan, Senate Print 2385,
13 an act to amend the Executive Law.
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.
21 THE PRESIDENT: The bill is
22 passed.
23 THE SECRETARY: Calendar Number
24 1387, by Senator Hannon, Senate Print 2557, an
25 act to amend the Village Law.
Candyco Transcription Service, Inc.
(518) 371-8910
3524
1 THE PRESIDENT: Read the last
2 section.
3 THE SECRETARY: Section 10. This
4 act shall take effect immediately.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes, 57.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 1388, by Senator Winner, Senate Print 3271, an
12 act to amend the Tax Law.
13 THE PRESIDENT: There is a local
14 fiscal impact note at the desk.
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the 30th day after it
18 shall have become a law.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 56. Nays,
22 1. Senator Valesky recorded in the negative.
23 THE PRESIDENT: The bill is
24 passed.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
3525
1 1389, by Senator Seward, Senate Print 3332, an
2 act authorizing Terry M. Clapper to receive
3 retirement.
4 THE PRESIDENT: There is a
5 home-rule message at the desk.
6 Read the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1390, by Senator Flanagan, Senate Print 3619,
16 an act entitling Harold G. Hartner to have his
17 prior service.
18 THE PRESIDENT: Read the last
19 section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57.
25 THE PRESIDENT: The bill is
Candyco Transcription Service, Inc.
(518) 371-8910
3526
1 passed.
2 THE SECRETARY: Calendar Number
3 1391, substituted earlier today by --
4 SENATOR SCHNEIDERMAN: Lay it
5 aside.
6 THE PRESIDENT: The bill is laid
7 aside.
8 THE SECRETARY: Calendar Number
9 1392, by Senator Flanagan, Senate Print 3709,
10 an act to amend the Vehicle and Traffic Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 57.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 1394, by Senator Trunzo, Senate Print 4563, an
22 act to amend Chapter 666 of the Laws of 1990.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 2. This
Candyco Transcription Service, Inc.
(518) 371-8910
3527
1 act shall take effect September 1, 2005.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 57.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 1395, by Senator Skelos --
9 SENATOR SKELOS: Lay it aside for
10 the day, please.
11 THE PRESIDENT: The bill is laid
12 aside for the day.
13 THE SECRETARY: Calendar Number
14 1396, by Senator Saland, Senate Print 4757, an
15 act to amend the Executive Law.
16 THE PRESIDENT: Read the last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the same date as
20 Section 68 of Chapter 264 of the Laws of 2003.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes, 57.
24 THE PRESIDENT: The bill is
25 passed.
Candyco Transcription Service, Inc.
(518) 371-8910
3528
1 THE SECRETARY: Calendar Number
2 1398, by Senator Wright, Senate Print 4959, an
3 act to amend the Vehicle and Traffic Law.
4 THE PRESIDENT: Read the last
5 section.
6 THE SECRETARY: Section 2. This
7 act shall take effect on the 90th day after it
8 shall have become a law.
9 THE PRESIDENT: Call the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 57.
12 THE PRESIDENT: The bill is
13 passed.
14 THE SECRETARY: Calendar Number
15 1399, by Senator Alesi, Senate Print 4993, an
16 act to amend the Vehicle and Traffic Law.
17 THE PRESIDENT: Read the last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 180th day after
21 it shall have become a law.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 57.
25 THE PRESIDENT: The bill is
Candyco Transcription Service, Inc.
(518) 371-8910
3529
1 passed.
2 THE SECRETARY: Calendar Number
3 1400, by Senator Robach, Senate Print --
4 SENATOR SCHNEIDERMAN: Lay it
5 aside.
6 THE PRESIDENT: The bill is laid
7 aside.
8 THE SECRETARY: Calendar Number
9 1401, by Senator Meier, Senate Print 5392, an
10 act to amend the Social Services Law.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the 90th day after it
15 shall have become a law.
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 Senator Skelos, that completes the
22 noncontroversial reading of the calendar.
23 SENATOR SKELOS: Thank you, Madam
24 President. If we could go to the
25 controversial reading of the calendar now.
Candyco Transcription Service, Inc.
(518) 371-8910
3530
1 THE PRESIDENT: The Secretary
2 will ring the bell, and the members should
3 return to their seats.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1202, by Senator Saland, Senate Print 5332, an
7 act to amend the Public Authorities Law.
8 SENATOR LIZ KRUEGER:
9 Explanation.
10 THE PRESIDENT: Senator Saland,
11 an explanation has been requested.
12 SENATOR SALAND: Thank you, Madam
13 President.
14 Madam President, this is a bill
15 which I guess for our purposes I should give a
16 little bit of background on.
17 In the early 1980s particularly,
18 there was an enormous hue and cry from certain
19 of the northern counties in the MTA area, the
20 Metro North area particularly, that were
21 smaller counties and felt that to a
22 considerable extent they were revenue hostages
23 to this larger system. Those counties were
24 Rockland and Orange County and Putnam and
25 Dutchess County.
Candyco Transcription Service, Inc.
(518) 371-8910
3531
1 And in fact, there was a movement
2 afoot at that point to try and see if it would
3 be possible to even get out of the
4 Metropolitan Transportation Authority. And I
5 must tell you that in that time period, in
6 fact, a bill passed in the Assembly that would
7 have permitted that to happen.
8 As a result of all this activity,
9 what occurred was a system which provided a
10 vote to the members of those four counties,
11 and they became known as the so-called
12 quarter-pounders. Each of them had a
13 quarter-vote. Again, Rockland and Orange and
14 Putnam and Dutchess each had one-quarter vote.
15 However, they could only exercise
16 their respective one-quarter vote if in fact
17 they voted unanimously. And were somebody
18 absent, that crippled their ability to act.
19 And if only one member were present, they in
20 fact didn't have a vote at all.
21 What this bill does is it says that
22 instead of that unanimity, instead of that
23 required all people being in attendance, those
24 four counties would still have that same one
25 vote, the four quarters equalling one whole.
Candyco Transcription Service, Inc.
(518) 371-8910
3532
1 But in fact, now what will happen -- and this
2 parallels language that's in the bylaws and
3 has been approved by the MTA board -- if only
4 one member is present, that one member may
5 cast one vote as the collective vote for all
6 four of the counties.
7 If two or more members are present,
8 if the vote is a divided vote, there shall be
9 no vote. If three -- if two members agree
10 unanimously, it's obviously a full vote. If
11 three or four members are present and there is
12 a majority vote, in fact the majority vote
13 prevails.
14 Again, this legislation has met
15 with the approval of the MTA board and merely
16 in effect modifies, to the benefit of those
17 four counties, their ability to sustain a
18 collective vote.
19 Thank you.
20 THE PRESIDENT: Senator Krueger.
21 SENATOR LIZ KRUEGER: Thank you,
22 Madam President. If the sponsor would yield
23 for a question.
24 THE PRESIDENT: Senator Saland,
25 do you yield?
Candyco Transcription Service, Inc.
(518) 371-8910
3533
1 SENATOR SALAND: Yes, Madam
2 President.
3 THE PRESIDENT: You may proceed,
4 Senator.
5 SENATOR LIZ KRUEGER: Thank you.
6 I appreciate your detailed
7 explanation for what appeared to be a
8 complicated situation.
9 My one question is, is there any
10 other public authority board where there are
11 shares of a vote split between various board
12 members and this would be a precedent?
13 SENATOR SALAND: I will not
14 profess to be an expert. I would tell you I
15 do not believe so.
16 I think this represented, again, a
17 compromise that was intended to avoid the
18 desire to pull out, and this was the way it
19 was crafted at the time. And at the time it
20 was acceptable, but it's proved problematical.
21 SENATOR LIZ KRUEGER: Okay, thank
22 you.
23 Thank you, Madam President.
24 Briefly on the bill.
25 THE PRESIDENT: You may proceed
Candyco Transcription Service, Inc.
(518) 371-8910
3534
1 on the bill, Senator.
2 SENATOR LIZ KRUEGER: Thank you.
3 I appreciate Senator Saland's explanation.
4 I will vote for this bill. I just
5 want to highlight that I think we should be
6 cautious of precedents, when we're talking
7 about public authorities and their boards,
8 about setting up a situation where board
9 members can either in some way choose to merge
10 their votes in voting blocs rather than
11 actually coming to meetings and hearing the
12 discussions and the debates, and also that we
13 don't want to do anything that encourages
14 people who have been given important positions
15 on public authority boards to not attend all
16 the meetings that they can.
17 And to be honest, the MTA -- not
18 necessarily the members we're talking about
19 here today from upstate New York, but there
20 have been concerns that when there are public
21 hearings around MTA issues in the City of
22 New York, that we find it hard to find any MTA
23 members willing to actually come to the
24 hearings and listen to the public.
25 But having raised my concerns, I
Candyco Transcription Service, Inc.
(518) 371-8910
3535
1 realize that this is a hopefully unique
2 situation and the one that will address fairly
3 the problems of four counties sharing one vote
4 on the MTA board.
5 So I will support the bill. Thank
6 you, Madam President.
7 THE PRESIDENT: Does any other
8 member wish to be heard?
9 Then the debate is closed.
10 The Secretary will ring the bell.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 54. Nays,
17 2. Senators Duane and Spano recorded in the
18 negative.
19 Those Senators absent from voting:
20 Senators Connor, Gonzalez, Robach and Seward.
21 THE PRESIDENT: The bill is
22 passed.
23 The Secretary will continue to
24 read.
25 THE SECRETARY: Calendar Number
Candyco Transcription Service, Inc.
(518) 371-8910
3536
1 1368, by Senator Skelos, Senate Print 4793B,
2 an act to amend the Correction Law.
3 SENATOR MONTGOMERY: Explanation.
4 THE PRESIDENT: Senator Skelos,
5 an explanation has been requested.
6 SENATOR SKELOS: Thank you very
7 much.
8 Senator Montgomery, this
9 legislation is the Megan's Law Reform Act.
10 And as you know, I sponsored Megan's Law
11 10 years ago. And on the tenth-year
12 anniversary, we are looking to this omnibus
13 bill to reform and improve Megan's Law.
14 And this legislation does it in
15 25 different ways. I'm not going to go
16 through every one of the 25 ways, but they're
17 all substantial and significant.
18 And really what Megan's Law is
19 about is empowering parents, empowering the
20 community with information which,
21 incidentally, is public information. Those
22 who are convicted of a crime, all of that
23 information is public information. And it
24 brings it together in an orderly fashion so
25 that people within the community can find out
Candyco Transcription Service, Inc.
(518) 371-8910
3537
1 what sexual offenders, what sexual predators
2 are living perhaps as neighbors.
3 Even before the death of young
4 Megan, this chamber passed a registry. And
5 unfortunately it took her death and the death
6 of other young children to get the Assembly to
7 pass the legislation. Which passed with, I
8 believe, one dissenting vote 10, 11 years ago.
9 Maureen Kanka, Megan's mom, who
10 really led the nationwide effort to have
11 Megan's Law enacted, and particularly by the
12 federal government, would be here today, but
13 this month her daughter would be celebrating
14 her graduation from high school. And Maureen
15 Kanka would say to this chamber and would say
16 to the Assembly that if they had known there
17 were three convicted pedophiles living across
18 the street from them, if there was a GPS
19 tracking system then that these pedophiles
20 were wearing, her daughter would be receiving
21 flowers at her graduation.
22 And I think that's very, very
23 important to note, because it's been through
24 the efforts of people like Maureen Kanka; Mark
25 Klaas, whose daughter Polly Klaas was abducted
Candyco Transcription Service, Inc.
(518) 371-8910
3538
1 from their home, brutally raped and murdered;
2 Mark Lunsford -- and I know that yesterday
3 Senator Golden and Senator Nozzolio, who have
4 been leaders in this area, spent time with
5 him. Same thing: convicted pedophile across
6 the street, did not know it, wearing a GPS
7 device would have saved his daughter's life.
8 Police, probation officials all
9 indicate that there's a necessity to reform
10 and enhance Megan's Law.
11 There's also been changes in
12 technology, as I mentioned earlier, over the
13 past 10 years. That's why within this
14 legislation we're looking to have mandatory
15 community notification, all sex offenders put
16 on the Internet, the website of the Division
17 of Criminal Justice Services. Right now only
18 Level 3 offenders can be placed on the
19 Internet.
20 Senator Bonacic, GPS tracking
21 devices; that should go on all Level 3
22 offenders.
23 Email notification, critically
24 important. If you register your email address
25 with the division, as soon as one of these
Candyco Transcription Service, Inc.
(518) 371-8910
3539
1 individuals move within your community, you
2 would be notified by email. Nothing wrong
3 with that.
4 So this is really, in my opinion,
5 the most aggressive and far-reaching expansion
6 of the sex offender registry anywhere in this
7 nation, and certainly since we passed Megan's
8 Law.
9 We've seen a rash of sexual
10 assaults that have dominated our state and
11 national headlines. And that's why we need
12 mandatory community notification, and Senator
13 Nozzolio has led the charge on that. GPS
14 tracking. Lifetime registration. Thirty-two
15 hundred sex offenders will be coming off the
16 registry within the next year unless we enact
17 lifetime registration.
18 And just recently, in today's
19 papers, in Rochester a convicted sex offender,
20 Level 3, David Gardner, was arrested for
21 raping a second -- a number of children, young
22 people under the age of 18. Level 3.
23 Under sentencing of Level 3, under
24 the original Megan's Law, he could petition
25 the court to be released from registration
Candyco Transcription Service, Inc.
(518) 371-8910
3540
1 requirements. Under the reforms that we're
2 discussing, he could never be released from
3 that requirement. He would be required to
4 wear a GPS tracking device. And I don't think
5 this would have happened if the law had been
6 reformed with these changes earlier.
7 THE PRESIDENT: Senator Bonacic.
8 SENATOR BONACIC: Thank you,
9 Madam President. I stand in support of this
10 legislation.
11 I'd like to commend Senator Skelos
12 for not only introducing this legislation but
13 the original legislation 10 years ago, and
14 he's been a consistent proponent of
15 strengthening our laws against sex offenders
16 to protect children and the women in this
17 state.
18 I'd like to talk specifically about
19 a component of this legislation, global
20 positioning systems. And if you're not
21 familiar with that, let me just tell you what
22 it is. It's been implemented in the state of
23 Florida since 1998. It's a bracelet that you
24 put on the ankle of a Level 3 sexual predator.
25 There is a transmitter that they wear on their
Candyco Transcription Service, Inc.
(518) 371-8910
3541
1 belt, and this transmitter can be programmed
2 for exclusionary zones or hot spots. It could
3 be a daycare center, it could be a school.
4 And if that predator goes in these
5 exclusionary zones, there will be a signal
6 given to a command center. And within 60 to
7 90 seconds, a probation officer from that
8 county will be notified that the violation has
9 occurred.
10 Now, what is a Level 3 offender?
11 They are the worst of the worst. We have
12 4,400 Level 3 sexual predators roaming our
13 communities. And you know where most of them
14 are? They're in Manhattan, they're in
15 Brooklyn, they're in the Bronx, they're in
16 Suffolk. And in the city area, there's 14
17 Level 3 predators per square mile.
18 Now, GPS monitoring is not a
19 substitute for longer criminal jail sentences
20 for these predators. It's not a substitute
21 for civil confinement. It's not a substitute
22 for probation officers. It is a tool where we
23 can monitor 24/7 where they go. And they're
24 most likely to commit a crime of rape, assault
25 and murder against children or women. That's
Candyco Transcription Service, Inc.
(518) 371-8910
3542
1 Level 3. They're the most dangerous that we
2 have.
3 So we have spoken to this at a
4 press conference, and the absurdity of it. If
5 Martha Stewart can have electronic monitoring
6 if she comes home late at night, how can we
7 not have electronic monitoring of Level 3
8 offenders who prey on our children and our
9 women in this state, all over our communities?
10 There are about 21,000 sexual
11 predators of Level 1 and Level 2. But GPS,
12 we're talking only about Level 3.
13 You've heard and you've read about
14 Mr. Lunsford, who lost his daughter, Jessica,
15 because he did not know a Level 3 was living a
16 few doors from his daughter's house. Had he
17 had known, she might be alive today.
18 David Koon, in the Assembly, is
19 carrying this bill by itself, the same David
20 Koon that lost his daughter to a sexual
21 predator, who was murdered.
22 There is bipartisan support in the
23 Assembly, there is bipartisan support in this
24 house. And we will pass this bill in this
25 house. I need the help of all my colleagues
Candyco Transcription Service, Inc.
(518) 371-8910
3543
1 to tell Sheldon Silver let the bill out of
2 committee, because there is bipartisan support
3 in that house. This is not an
4 upstate/downstate bill. This is not a
5 Republican/Democratic bill. This is a public
6 safety bill.
7 It is now in the state of Florida,
8 since 1998, when this has been implemented,
9 the recidivism rate has dropped 30 percent.
10 We have some form of electric monitoring in
11 homes in 42 counties. We have some form of
12 electric monitoring in 33 states. But we're
13 talking about GPS, which is much more active
14 in monitoring.
15 Had that been here in the State of
16 New York, the victims that Senator Skelos
17 talked about would still be alive. So I know
18 we have support on both sides of the aisle on
19 this issue. And I thank you for that.
20 Thank you, Madam President.
21 THE PRESIDENT: Senator Golden.
22 SENATOR GOLDEN: Thank you, Madam
23 President.
24 I too rise in support of this bill,
25 and I would hope that we would have unity on
Candyco Transcription Service, Inc.
(518) 371-8910
3544
1 this bill here in this house.
2 What Senator Bonacic has failed to
3 point out is that, you know, in Jessica
4 Lunsford's situation, had he been wearing that
5 bracelet, that girl would be alive today. The
6 detectives were talking to the defendant's
7 sister in the bedroom, sitting on the bed, and
8 he had this girl in the closet in the bedroom
9 while detectives were talking to his sister.
10 And they took this girl, and he buried her
11 alive, an 8-year-old girl.
12 I was a police officer in 1973, and
13 I think everybody here remembers the Etan Patz
14 case. It was a case that tormented many a
15 police officer, trying to find out who took
16 Etan Patz. Well, that detective that had that
17 case, he committed suicide.
18 There are so many families that
19 have been touched by this, it's just
20 unbelievable. By the time you take one of
21 these deviants off the street, before he's
22 arrested or she's arrested, they've committed
23 140 crimes on children and, in a lifetime,
24 360 crimes.
25 We cannot allow these people to
Candyco Transcription Service, Inc.
(518) 371-8910
3545
1 stay on the street. We cannot allow them to
2 state stay on the street unless they can be
3 monitored and properly taken into custody when
4 they commit a crime.
5 The 61 Precinct in Brooklyn, they
6 had the same thing going on. And they
7 couldn't figure out where these molestations
8 were coming from. A boy comes forward, a
9 12-year-old boy, and he points out the house.
10 The captain goes into the house, talks to this
11 40-year-old man that's living with his
12 parents, coaxes him out of the house, brings
13 him into the precinct, and upon further
14 investigation they arrest him for a number of
15 molestations.
16 He left New Jersey, never told
17 New Jersey he was leaving; he came to Brooklyn
18 and he never told Brooklyn he was coming. How
19 many kids did he tear apart, how many
20 families' lives have been torn apart in
21 Brooklyn, in Queens, in Manhattan, where the
22 majority of these people live and reside?
23 We owe it to the families. Every
24 other day in this country, right here, a child
25 is kidnapped or assaulted or killed. I'm
Candyco Transcription Service, Inc.
(518) 371-8910
3546
1 sorry, kidnapped or killed. Every other day
2 here in this country. There are 550,000 known
3 sexual deviants in registries across this
4 country. How many scores of unknown?
5 This is something I hope that this
6 body comes together with and agrees upon and
7 that we go across to the Assembly and get this
8 bill passed, for the sakes of those children
9 and the sake of the families across this city
10 and state.
11 Thank you, Senator Skelos, for this
12 bill. Thank you, Senator Bonacic. And thank
13 you, Mike Nozzolio, Senator Nozzolio, who we
14 had hearings yesterday, in the city of
15 New York, with Mark Lunsford from Florida.
16 There wasn't a dry eye in that place. There's
17 no reason that that man had to lose his
18 daughter.
19 Thank you.
20 ACTING PRESIDENT LITTLE: Thank
21 you, Senator Golden.
22 Senator Nozzolio.
23 SENATOR NOZZOLIO: Thank you,
24 Madam President. On the bill.
25 Madam President, my colleagues, I
Candyco Transcription Service, Inc.
(518) 371-8910
3547
1 rise to support this measure as a cosponsor
2 and to thank Senator Bruno and Senator Skelos
3 for their leadership in establishing Megan's
4 Law 10 years ago and helping us utilize the
5 tenth anniversary of Megan's Law as a platform
6 to look at the entire issue of how we can
7 protect our children in a much better way and
8 make them more safe in New York State.
9 As chairman of the Crime Victims,
10 Crime and Corrections Committee of this house,
11 I was privileged to conduct hearings across
12 this state on this very important issue.
13 Again, looking at the tenth anniversary of
14 Megan's Law, to see how the law is being
15 utilized, to see what types of procedures are
16 in place to protect children, to see what
17 provisions need to be added for additional
18 protections of children and to ensure that
19 loopholes that may exist in the law are
20 closed.
21 We heard from many different
22 individuals and organizations, advocates for
23 Megan's Law, those who support more community
24 vigilance to protect children. We heard from
25 law enforcement officials. We heard from
Candyco Transcription Service, Inc.
(518) 371-8910
3548
1 those involved in prosecuting crimes, those
2 involved in parole and probation. We looked
3 at the technological ways that we could
4 enhance the community notification process as
5 well as utilizing the best technology
6 available to protect our children.
7 We heard from prosecutors, one of
8 whom gave the testimony that the loopholes in
9 Megan's Law in New York State, as they exist
10 today, serve up our children on a silver
11 matter for sex predators and that we as a
12 Legislature need to close those loopholes
13 immediately, ensure that our children are not
14 being further victimized.
15 We looked at the notification
16 process and found that even within a BOCES
17 district, school districts vary in the way
18 they communicate notification to the public,
19 the school board, the faculty, and the
20 administration and the student body and the
21 parents of students. We have a patchwork of
22 notification across this state that we are
23 trying to rectify in part with this
24 legislation.
25 We also saw that there was a need
Candyco Transcription Service, Inc.
(518) 371-8910
3549
1 to enhance and strengthen the penalty
2 provisions of the Megan's Law which we have
3 enacted ten years ago.
4 One of the measures we are fighting
5 for today and hope to enact is establishment
6 of a lifetime registration process.
7 Prosecutors told the committee in their
8 hearings that we see violations continually of
9 those who are failing to register under the
10 Megan's Law process, and that those who fail
11 to register for the first time only receive a
12 misdemeanor slap on the wrist.
13 And that it's difficult to see,
14 that even though prosecutors may fight hard to
15 prosecute that crime, in effect we need to
16 give them a greater tool of a felony to make
17 prosecution more effective.
18 Not a day goes by, and it was
19 certainly the case during the course of the
20 hearings that not a day goes by that we don't
21 hear of another heinous crime occurring in our
22 state. Just today a convicted sex predator in
23 the Rochester area was arrested on sex crime
24 charges. In Livingston County an individual
25 was -- which is right outside of Rochester --
Candyco Transcription Service, Inc.
(518) 371-8910
3550
1 was apprehended for victims under the age of
2 18, and that he had been convicted of a rape
3 in 1993 for having sex with a minor. He also
4 had a violation of registering as a sex
5 offender.
6 To make a lifetime registration
7 process in place is really what we need.
8 There are approximately 3,000 sex predators,
9 those convicted of 1 or 2 level sex crimes,
10 that are coming off the registry this year.
11 And that's something that this body and this
12 Legislature need to fight hard to ensure that
13 does not happen.
14 We were asked a question about the
15 Assembly, the Assembly's failure, dismal
16 failure to accept these laws and help us close
17 the loophole. To my question, the question
18 raised in a news conference this morning, my
19 response to the reporter afterward was this,
20 that we're not here to bargain with the
21 Assembly over the safety of children, that
22 we're not here to pin one legislative measure
23 against another, to establish a quid pro quo
24 system. These measures stand on their own.
25 They are meritorious.
Candyco Transcription Service, Inc.
(518) 371-8910
3551
1 All the rhetoric we've heard about
2 reform from the Assembly and from many
3 advocates -- frankly, this is real reform.
4 It's reform that we have engaged in through a
5 legislative process of hearings, notifying,
6 testimony. A really classic example of what
7 the legislative process in its best case is
8 all about.
9 I wish to conclude by saying that
10 we heard from many witnesses who gave us
11 extremely valuable testimony. I thank all my
12 colleagues, Senator Skelos in particular. But
13 Senator Fuschillo, Senator Marcellino, Senator
14 Golden all participated in hearings outside
15 this district. Senator Libous and many others
16 participated in hearings here in Albany.
17 We heard from individuals. But
18 there were two individuals that stood out in
19 those hearings, and they spoke -- they spoke
20 because they represented people who couldn't
21 speak for themselves. Maureen Kanka was the
22 reason we established Megan's Law in the first
23 place. Her daughter Megan was brutally
24 murdered.
25 We heard testimony from Mark
Candyco Transcription Service, Inc.
(518) 371-8910
3552
1 Lunsford, thanks to Senator Golden, who asked
2 Mr. Lunsford to come from Florida to New York
3 to explain his circumstances. In the 23 years
4 I've been in the State Legislature, I've never
5 heard more compelling testimony from anyone
6 than I heard from Mr. Lunsford yesterday, how
7 his daughter was stolen from her own bedroom
8 and brutally assaulted and murdered because he
9 did not have notice.
10 Now, Mr. Lunsford is from Florida.
11 Because of his tragedy, Florida modernized
12 their laws and put the penalty provisions and
13 closed the loopholes in their state. But
14 Mr. Lunsford is speaking for his daughter,
15 Jessica. Maureen Kanka is speaking for her
16 daughter, Megan. Those loopholes exist in our
17 laws today, and that we need to close them to
18 ensure that there won't be Jessicas, there
19 won't be Megans in the future.
20 Madam President, I call for
21 everyone to support this legislation. And I
22 ask the word to go from this chamber, with a
23 resounding vote in support, to the chamber
24 down on the other side of this building, in
25 the New York State Assembly, and tell those in
Candyco Transcription Service, Inc.
(518) 371-8910
3553
1 the Assembly that real reform means protecting
2 children. And that's what this measure is all
3 about.
4 ACTING PRESIDENT LITTLE: Thank
5 you, Senator Nozzolio.
6 Senator Valesky.
7 SENATOR VALESKY: Thank you,
8 Madam President. Briefly on the bill, in
9 support of this bill.
10 I listened intently to the speakers
11 here today. And to Senator Skelos and his
12 explanation of why Mrs. Kanka could not be
13 here today with us, I had two thoughts. One,
14 how difficult it must be for Megan Kanka's
15 mother this month, the month that she would
16 have graduated. How difficult life must be
17 for her on holidays, on birthdays and at other
18 occasions where her daughter is no longer with
19 her.
20 And the other thought I had is one
21 that I would imagine those of us in this
22 chamber who are parents, as I am, had. I am
23 the proud parent of three young children,
24 three young boys, ages 10, 8, and 5. And I
25 could not help but think about them when we
Candyco Transcription Service, Inc.
(518) 371-8910
3554
1 talk about this bill.
2 It is very important that this bill
3 be passed today, be signed into law this year.
4 As Senator Skelos indicated, 3,200 convicted
5 sex offenders will come off the list, the
6 registry, as the ten-year window expires.
7 And as I have participated in
8 voting in my relatively short career to this
9 point in this house, I have voted for a number
10 of bills that will not be considered by the
11 other house. One-house bills, as we refer to
12 them. It seems to me that this bill is far
13 too important to be passed only by the
14 New York State Senate.
15 And I join with my colleagues on
16 the other side of the aisle and encourage each
17 and every one of us to do what we can in
18 convincing our colleagues in the State
19 Assembly to not allow this legislative session
20 to conclude without some form of reform of the
21 Sex Offender Registration Act.
22 It is far too important for us to
23 leave town without passing a bill in both
24 houses, a bill that the Governor will sign
25 into law. There is nothing more important
Candyco Transcription Service, Inc.
(518) 371-8910
3555
1 than the health and safety of our children.
2 Thank you, Madam President.
3 ACTING PRESIDENT LITTLE: Thank
4 you, Senator Valesky.
5 Senator LaValle.
6 SENATOR LaVALLE: Thank you,
7 Madam President.
8 I was not going to speak on this
9 bill but felt very, very touched by comments
10 that were made -- Senator Skelos, Senator
11 Golden, Senator Nozzolio, Senator Valesky.
12 You know, in this chamber and
13 throughout the state we make speeches about
14 the most precious thing in our future is our
15 children. And far too often we turn on the
16 television or read in the paper how
17 individuals have been -- children have been
18 abused, one, and, two, kidnapped and killed.
19 And the stories are all so very sad.
20 I have raised children at a
21 different time. And they remind me very often
22 that in that time they had the privilege of
23 being able to roam in the village of Port
24 Jefferson and play and have a good time with
25 their friends. And we as parents had not very
Candyco Transcription Service, Inc.
(518) 371-8910
3556
1 much thought that anything would happen to
2 them. We felt pretty secure that they could
3 go out and play and return. Maybe some bumps
4 and bruises, but that was it.
5 Today, I listen to my children
6 about what happens with my grandchildren.
7 Play dates. What is this thing, play dates?
8 Well, they tell me that play dates come into
9 being because it provides a secure, good
10 environment for children. Safe. That's where
11 we are today.
12 And it's a shame that children are
13 being brought up at a time with terrorism
14 hanging over their heads and in their
15 communities they cannot really play without
16 the threat of someone abusing them. In spite
17 of all the things that we do as parents or all
18 the things that our education system does to
19 inculcate the kinds of things that they need
20 to be aware of in fending off someone who
21 might lure them into a vehicle or off the
22 street. We talk about, today, in today's
23 world, young people being taken out of their
24 bedrooms in their own house.
25 Senator Skelos, I compliment you,
Candyco Transcription Service, Inc.
(518) 371-8910
3557
1 because you have made this passage of Megan's
2 Law and you have stayed the course and made
3 changes and amendments to make sure that we're
4 doing all that we can.
5 Notification is certainly a minimum
6 step that we need to take. And I cannot
7 believe that anyone would even contemplate
8 that this minimum step should not be advanced
9 in a unanimous way to send a message across
10 this great state and across the country.
11 But there are other measures that
12 really need to be done, because this is an
13 epidemic. And individuals who commit these
14 crimes on our young people and women in many
15 cases have reported that they cannot help
16 themselves. They cannot help themselves. And
17 so we must deal with other measures.
18 Senator Bonacic talked about a very
19 important measure. There are others, Senator
20 Volker's civil commitment and other pieces of
21 legislation that really deal with keeping our
22 communities and our children secure.
23 And so I hope that we will send a
24 strong message and pass this worthwhile
25 legislation. And again, Senator Skelos, a
Candyco Transcription Service, Inc.
(518) 371-8910
3558
1 great job.
2 Thank you.
3 ACTING PRESIDENT LITTLE: Thank
4 you, Senator LaValle.
5 Senator Volker.
6 SENATOR VOLKER: Madam President,
7 I -- this is an issue, sex deviancy is
8 something that is part of the reason that I'm
9 here in the Legislature. And I think a lot of
10 the people think that I do come from a
11 political family. No question. But I became
12 a police officer in the '60s and graduated
13 from law school actually while I was a police
14 officer. And I think some of my colleagues
15 who have been here for a while know that I do
16 have a tendency to talk about some of my
17 experiences when I was a police officer.
18 One of the most important
19 experiences was that a state trooper and
20 myself led, I believe it was between 1969 and
21 1971, the largest rape investigation in the
22 history of upstate New York. And I have been
23 asked on a number of occasions since then, in
24 fact, to provide my reports that we did. I
25 did most of the reports; since I was a lawyer,
Candyco Transcription Service, Inc.
(518) 371-8910
3559
1 the department thought it would be good,
2 everybody thought it would be good for me to
3 do the reports.
4 It was very frightening. It was
5 frightening, certainly, from the standpoint of
6 the women victims. We believe that this one
7 man, who we finally caught, raped as many as a
8 hundred women. And the reason we believe that
9 is because for every one person that we knew
10 about, we always felt there was at least three
11 or four. We knew about 30 to 40.
12 And I won't get into the details,
13 but there's a reason why it's so important in
14 this case. Because even though that was
15 obviously the rape of -- well, for the most
16 part -- except, I think, for one -- the rape
17 of women who were of age, there's a connection
18 in sex deviancy.
19 And as part of that investigation,
20 we arrested 29 people, 29 people for various
21 sex crimes, including child sex deviancy. It
22 wasn't maybe quite as prevalent then, although
23 we saw the advance of it and we saw it coming.
24 One of the reasons I came here was
25 that we could not convict people before a jury
Candyco Transcription Service, Inc.
(518) 371-8910
3560
1 of first-degree rape because of the
2 corroboration piece in the statute at the
3 time. When I came here, the first time I did
4 was to collaborate with some of the older
5 members to try to help work the rape statute
6 so that it was workable and that we could
7 convict people who were what I would call
8 savages.
9 In fact, the fellow I'm talking
10 about eventually ended up murdering two people
11 and ended up getting the death penalty. And
12 someone said to me, How could he get the death
13 penalty? There wasn't a death penalty. There
14 was for him, because one of the people he
15 murdered happened to be a Mafia chieftain's
16 son. So they took care of him. And, you
17 know, sad to say that it was just violence.
18 On the other hand, it was justice in many
19 ways.
20 At any rate, the reason I mention
21 this too is there was an incident that
22 occurred in Monroe County, in fact over two
23 counties, involving the murder of, I believe,
24 12 women. And what had occurred is this --
25 they finally were able to catch this guy.
Candyco Transcription Service, Inc.
(518) 371-8910
3561
1 Unfortunately, part of the problem was that
2 there was bad communication between the state
3 police and the Monroe County sheriff's
4 department at the time.
5 But the reason I mention this is
6 the head of the parole department is a good
7 friend of mine. He still has nightmares. And
8 the reason he has nightmares is he interviewed
9 the guy who killed these people. But the
10 reason he didn't believe that he had anything
11 to do with it was that the gentleman -- he
12 wasn't a gentleman -- the guy involved was a
13 child sex offender. He would have been, I
14 guess, probably a Level 3. Now, this was --
15 remember, this was years ago. This was before
16 Megan's Law.
17 And people didn't think -- at the
18 time, the thought was, well, if you're a child
19 sex offender, you're not -- you know, wouldn't
20 be involved with adults or anything else.
21 That is not necessarily true at all.
22 Interestingly enough, it dawned on
23 me had there been bracelets and had there been
24 Megan's Law, those 12 women might not have
25 been killed. Because he would have been
Candyco Transcription Service, Inc.
(518) 371-8910
3562
1 subjected to the imprint of the Megan's Law,
2 or should have reported, and there's no
3 question that he would have been a prime
4 suspect. And if he had a bracelet on,
5 obviously he would have been tracked.
6 Now, that was years ago. My point,
7 I think, is, though, that this is not quite
8 what some of us think and that somehow you can
9 categorize these people. You can't do it.
10 These are people that are sick, they're ill.
11 They're people, however, that you only treat
12 so much.
13 I have to be honest with you. One
14 of the reasons that Senator Skelos, the
15 sponsor of Megan's Law -- I had some
16 reservations about it when we first did it.
17 And the reason I did is, I guess, as an old
18 law enforcement officer I was concerned of how
19 it would be developed, whether the courts
20 would even let us do it. But I realized, as
21 we progressed, that Senator Skelos was
22 absolutely right.
23 And the reason is that this
24 epidemic is so bad. And we have sort of
25 pierced through the judges one after another
Candyco Transcription Service, Inc.
(518) 371-8910
3563
1 who've tried hold it up and stop it here and
2 there. No one likes this stuff, obviously.
3 Nobody wants to do all this.
4 But, my colleagues, you're not
5 dealing with an issue here that you can deal
6 with on an ordinary, even-keel, niceties
7 basis. These are predators. These are people
8 many of whom don't want to do what they're
9 doing, fortunately.
10 And Senator -- Senator Skelos,
11 Senator Bonacic, obviously Senator Bruno, this
12 house -- and, you know, I think the Assembly
13 is kind of caught in, to a certain extent, a
14 time warp. They have to understand, this is a
15 different time. These are different issues.
16 These -- we must protect the most vulnerable.
17 Because if we don't, we're failing as an
18 institution.
19 And no one can say that this
20 institution has not done its best to make sure
21 that we don't fail not only our youngsters but
22 all the vulnerable people in our state.
23 ACTING PRESIDENT LITTLE: Thank
24 you, Senator Volker.
25 Senator Robach.
Candyco Transcription Service, Inc.
(518) 371-8910
3564
1 SENATOR ROBACH: Yes, Madam
2 President. Let me just take a moment. I
3 think this is such an important issue.
4 And, you know, we took a great
5 first step when we passed this initially, not
6 only to protect kids but to be responsive to
7 the public, who was outraged over the lack of
8 information on something as important as this.
9 But I just wanted to interject, as
10 we continue to move forward, I am someone that
11 prior to office worked in the criminal justice
12 system. And even I was shocked very recently,
13 maybe less than a month ago, our CBS affiliate
14 in Rochester, Channel 10, did a news expose
15 showing the overlay of where these
16 highest-risk offenders were in our community,
17 the city of Rochester, a place I have the
18 honor and privilege of representing and like
19 very much.
20 And even I was shocked, when they
21 showed this overlay, to see people that were
22 next to, literally, a daycare center in the
23 first floor of an apartment complex, schools,
24 recreation centers.
25 And while currently parole can say
Candyco Transcription Service, Inc.
(518) 371-8910
3565
1 they have to be a thousand feet away, that's
2 at their whim and will if they want to do
3 that.
4 Us continuing to have mandatory
5 notification and information out there is not
6 only the right thing to do as legislators, but
7 I also think as a parent. Going back to that
8 overlay, I was shocked to see that.
9 There is no question law
10 enforcement does a fine job, parole does a
11 fine job, our public employees. But they
12 cannot be everywhere. And parents, I think
13 this is almost as well as a public protection
14 bill for kids, this is a continued step for
15 parental rights.
16 I'm going to put my parent hat on
17 now. I need to know, for no other purpose
18 than protection, where those people are, where
19 my daughter can go sell Girl Scout cookies,
20 whose pool they shouldn't be swimming in.
21 And I've even had to alter the way
22 I raise my own children because of this
23 growing threat, for lack of a better term. I
24 always raised my kids to be very friendly to
25 people, to be very outgoing and maybe even a
Candyco Transcription Service, Inc.
(518) 371-8910
3566
1 little bit too trusting. Certainly every
2 parent needs to know, whether it's crossing a
3 dangerous street, whether it's some other
4 criminal activity, whatever it is, you need to
5 know where that is.
6 And even with the great measures
7 that we passed a decade ago, right in my city
8 I was shocked to find out the number of people
9 living in our community in the proximity they
10 are to our children. It is imperative that we
11 give parents, people in authority, everyone --
12 post-conviction -- the right to know where
13 these people are.
14 And I can't remember which one of
15 my colleagues said it, but it's also true. We
16 can debate what's gone on prior to conviction
17 or how many times they've abused young people
18 prior to getting caught. But we also know
19 that the recidivism rate, unfortunately -- and
20 I wish I had the pill, the cure to make sure
21 they didn't have that issue, they didn't have
22 that problem. But we don't have that yet.
23 The only thing we can do now is try to make it
24 more difficult for them to be in that
25 situation and also arm our parents to protect
Candyco Transcription Service, Inc.
(518) 371-8910
3567
1 our kids.
2 So I hope that not only will people
3 vote for this bill, but I am hopeful that my
4 colleagues in the other house will take this
5 up and will even continue to look at more
6 measures of applying better technology and
7 things available today to even further protect
8 our children.
9 And I too want to applaud Senator
10 Skelos for not sitting back after the first
11 measure but continuing to bring this issue up
12 as, unfortunately, we continue to have issues
13 with this in our community all across the
14 state. And I think we need to do more to do
15 as thorough a job and use every tool we can to
16 protect our kids.
17 Thank you.
18 ACTING PRESIDENT LITTLE: Thank
19 you, Senator Robach.
20 Senator Young.
21 SENATOR YOUNG: Thank you, Madam
22 President.
23 I want to commend my colleagues for
24 their leadership on this issue. And Senator
25 Skelos and Senator Nozzolio referenced a news
Candyco Transcription Service, Inc.
(518) 371-8910
3568
1 article that was in the Rochester Democrat and
2 Chronicle today about a repeat offender. And
3 I just wanted to read that brief article
4 because I think it drives the point home as to
5 how important this legislation is.
6 The headline is: "Convicted Sex
7 Offender Charged Again."
8 "A convicted sex offender in the
9 Rochester area has been arrested on new sex
10 crime charges. Investigators in Livingston
11 County have charged 36-year-old David Gardner
12 of Mount Morris with rape in the second and
13 third degrees. Sheriff John York says several
14 victims under age 18 were identified.
15 "Gardner had been convicted of rape
16 back in 1993 for having sex with a minor. A
17 judge says his background includes one arrest
18 for failing to register as a sex offender.
19 "He's being held in the Livingston
20 County jail without bail."
21 Here's a repeat offender who lives
22 in my district who has victimized children in
23 my district, in my community. But
24 unfortunately, this type of case is repeated
25 over and over again in New York State and in
Candyco Transcription Service, Inc.
(518) 371-8910
3569
1 this country.
2 We have an obligation as
3 legislators to protect our communities, to do
4 the right things so that we won't have this
5 victimization.
6 Just yesterday I was reading in the
7 newspaper there's a terrible case where a man
8 raped a 4-month-old baby. Think about that.
9 Just think about that. This type of story
10 goes on and on.
11 We need to end the victimization.
12 We need to protect the innocent. We need to
13 do everybody everything in our power, because
14 there wreaks havoc on the victims and their
15 families. We need to end the carnage.
16 I want to thank my colleagues for
17 supporting this legislation, putting this
18 legislation forward. And I urge everyone in
19 this house not only to vote today to protect
20 innocent lives but also talk to our colleagues
21 in the Assembly so that they do the right
22 thing too.
23 Thank you.
24 ACTING PRESIDENT LITTLE: Thank
25 you, Senator Young.
Candyco Transcription Service, Inc.
(518) 371-8910
3570
1 Senator Savino.
2 SENATOR SAVINO: Thank you, Madam
3 President.
4 I too want to rise and thank
5 Senator Skelos for bringing this legislation
6 forward.
7 You know, everyone in this chamber
8 comes to the chamber with their own
9 experiences and what kind of shaped them and
10 how they got here. Senator Golden and Senator
11 Volker were police officers. And as I
12 mentioned before, I spent several years in the
13 New York City child welfare system as a child
14 protective worker.
15 And I have to tell you, some of the
16 worst moments of my life have been escorting
17 young children to be examined in the emergency
18 room after they've been raped. Or taking them
19 to the district attorney's office where they
20 had to be evaluated and determined whether or
21 not they would be credible witnesses on the
22 witness stand.
23 In working with some of those kids,
24 you know, you got to see some of the predators
25 if we were lucky enough to get them arrested.
Candyco Transcription Service, Inc.
(518) 371-8910
3571
1 And I used to think that when I saw them, I
2 would see a monster, I would see someone who
3 was so hideous that you would recognize them
4 immediately. And the frightening thing is,
5 they don't look like monsters. They look just
6 like we do.
7 There is no way for young people,
8 children particularly, to recognize sexual
9 predators. They don't see them coming. They
10 look like us. They can be quite charming.
11 They can get jobs in daycare centers. They
12 get access to children, and then they
13 victimize them. And we have to find a way to
14 stop that.
15 We can talk another day about why
16 it is that sexual predators, particularly of
17 young children, are let out of jail after such
18 short sentences. I don't understand that.
19 That's something I think we need to examine in
20 this chamber as well. But until the day comes
21 when we know we can lock them up and throw
22 away the key, we have to figure out a way to
23 protect children and women and senior women
24 and young boys and everyone else who could be
25 the victim of sexual predators. Because they
Candyco Transcription Service, Inc.
(518) 371-8910
3572
1 look too much like the rest of us.
2 Thank you.
3 ACTING PRESIDENT LITTLE: Thank
4 you, Senator Savino.
5 Senator Montgomery.
6 SENATOR MONTGOMERY: Yes, Madam
7 President. I rise to take a slightly
8 different position from my colleagues.
9 What I've heard -- and I certainly
10 join every single one of my colleagues in
11 having total disdain for sexual predators, as
12 I believe they're called, especially people in
13 the Level 3 category. And that's what I
14 believe that I've been hearing this afternoon.
15 This afternoon everyone seems to be
16 talking about the Level 3s, and I totally
17 agree. I don't really have any -- I don't
18 have any problem with anything that we can do
19 about the Level 3s. Those are obviously the
20 most difficult cases, the most heinous cases,
21 and people we don't want to know about.
22 But I do have some concern that we
23 have cast this net very, very wide. I hope
24 that my colleagues who are speaking in favor
25 of this legislation understand that we're
Candyco Transcription Service, Inc.
(518) 371-8910
3573
1 casting a net to include the Level 1
2 category -- and the Level 2s. I'm not as
3 clear about the Level 2s, but certainly Level
4 1s. Which is, I believe, the largest
5 category.
6 And we haven't really thought
7 through, I don't believe, what we could do
8 with those people in that category other than
9 putting them into a registry for the rest of
10 their lives. My sense is that a lot of these
11 are young people. I notice the legislation
12 speaks of when you move from one college to
13 another or when you go to college. So
14 obviously we are talking about college-age
15 people. We anticipate that those will be in
16 the top category.
17 I wish that we had school-based
18 health clinics with health professionals in
19 the high schools and the middle schools to
20 talk about sex education and sex activity and
21 what to do with your body and how to respect
22 other people's bodies and so forth and so on.
23 We don't have that.
24 And I wish that we could find these
25 people before they commit any act. I wish
Candyco Transcription Service, Inc.
(518) 371-8910
3574
1 that there was a way that we were even better
2 able to identify them, those who are using the
3 Internets. Many of them are husbands who get
4 on the Internet for the first time, I
5 understand, and start to go overboard in
6 whatever they do.
7 I tell my son, you know, because I
8 view this from my parent hat as well, and I
9 have told my son no matter how beautiful a
10 young lady is, no matter how few clothes she
11 wears, do not touch her. Because you could
12 spend the rest of your life in prison because
13 of that.
14 So it's a very, very serious issue
15 for me. I absolutely think that we certainly
16 want to protect our children. But on the
17 other side of this issue are young men and
18 women who really have very little information
19 that they can use to guide their activities.
20 And God forbid if they get into a situation
21 where they become involved in sexual activity,
22 sex activity, that they either don't intend to
23 or don't understand or someone decides, This
24 is not what I want. That other person
25 automatically becomes a sex predator and can
Candyco Transcription Service, Inc.
(518) 371-8910
3575
1 be charged as a Level 1 person and will be in
2 a registry for the rest of their lives.
3 So I would like for my colleagues
4 to really think through this from both sides
5 of the issue. And, you know, we can't control
6 our environment. I understand that. But to
7 jump to include every single body that may
8 possibly be charged under this law is really a
9 mistake.
10 Because we have done this over and
11 over again with our drug laws, every law that
12 we do, we try to cast the net as wide as
13 possible to capture everybody in it. And
14 ultimately it becomes as hurtful to many
15 people in our society as it does helpful to
16 the victims that we want to protect.
17 So, Madam President,
18 notwithstanding all of the testimony that
19 we've heard this morning as to how important
20 this is, how great it is, I want to remind my
21 colleagues we do have laws on the books. So
22 it's not that we're not going to be monitoring
23 and making sure that we take care of these
24 sexual predators. But I do believe we need to
25 give a little bit more time.
Candyco Transcription Service, Inc.
(518) 371-8910
3576
1 I note that the Assembly is going
2 to do some hearings on this legislation -- on
3 this issue. This is a very serious issue for
4 us in our state. And so I would hope that
5 between now and when the Assembly does their
6 hearings and when we conclude with
7 legislation, that it makes sense, that it
8 protects all aspects of our society,
9 especially young people, who are the most
10 vulnerable groups. Even though I understand
11 some older men are becoming sexual predators.
12 I don't know when they did or didn't. But
13 certainly young people, I think, could get
14 caught in this net if we cast it way too wide.
15 So I'm going to be voting no.
16 ACTING PRESIDENT LITTLE: Thank
17 you, Senator Montgomery.
18 Senator Flanagan.
19 SENATOR FLANAGAN: Thank you,
20 Madam President. Just briefly on the bill.
21 I know a lot of people have lauded
22 the efforts of Senator Skelos. I want to add
23 my voice to that. And I'm very happy to be a
24 member of the Senate in passing legislation
25 like this.
Candyco Transcription Service, Inc.
(518) 371-8910
3577
1 I want to make one point in
2 particular. There's a group been very
3 influential and very involved, particularly
4 with Senator Skelos's office, called Parents
5 for Megan's Law. And the executive director
6 of that is a woman named Laura Ahearn, who
7 happens to be a constituent of mine.
8 And many of you have probably met
9 Laura. But she is passionate, she's a great
10 advocate, she's aggressive, assertive, she can
11 drive you crazy. But she really, really
12 believes in what she does. And we've worked
13 with her not only on legislation but on
14 getting funding for programs aimed at
15 protecting children.
16 And following up on part of what
17 Senator Savino said, they have -- in their
18 office they have a mock courtroom just so they
19 can help kids get used to what that atmosphere
20 is like. They have building blocks and they
21 have all kinds of things to make them be
22 prepared for what's going to be an
23 extraordinarily difficult task. And it gave
24 me a better appreciation for some of the basic
25 importance of this issue.
Candyco Transcription Service, Inc.
(518) 371-8910
3578
1 You know, it's hard enough for us
2 as adults to get involved in serious and
3 weighty issues. It's ten times more
4 difficult, at least, for children.
5 So their efforts and, in
6 particular, Senator Skelos's efforts are
7 terrific. I'm hoping that the Assembly sees
8 the wisdom of what we're doing and that we can
9 have some chapters before the end of the
10 session.
11 Thank you.
12 ACTING PRESIDENT LITTLE: Thank
13 you, Senator Flanagan.
14 Senator Farley.
15 SENATOR FARLEY: Thank you, Madam
16 President.
17 Megan's Law was one of the most
18 significant pieces of legislation that was
19 ever passed in this house and became law. And
20 I think the only reason it happened in the
21 other house was they were embarrassed somewhat
22 by the family and by the pressure that was put
23 on by the sponsor and a few others.
24 But let me just say in the 29 years
25 I've been here, I have never seen a more
Candyco Transcription Service, Inc.
(518) 371-8910
3579
1 hot-button issue that is out there. People
2 are absolutely demanding that we address this
3 issue. It has become something that is
4 torturing every single parent and family in
5 this state.
6 And, you know, this bill that we're
7 doing here today addresses 25 things that can
8 be done. I don't think it's a time for
9 hearings. We've had hearings on this. And I
10 think if something can be done by those of you
11 on the other side of the aisle, it's to speak
12 to your colleagues in the other house and
13 address how important this is.
14 I think what Senator Savino said
15 was so moving, that these predators that are
16 out there you can't recognize them. Our
17 children can't recognize them. They're very
18 subtle in the ways that they approach, these
19 predators. You know, you call them predators,
20 and you expect to find somebody that looks
21 like an ugly Dracula. But they're not. They
22 have to be identified. People have to be
23 warned.
24 The horror stories that I just
25 heard from my colleagues, Senator Golden and
Candyco Transcription Service, Inc.
(518) 371-8910
3580
1 so forth, they're terribly moving. And the
2 statistics are absolutely unbelievable. The
3 recidivism. The fact that hundreds of these
4 crimes are committed before they're even
5 caught, so many times. And unfortunately, so
6 many children. That even your own children
7 have been approached and never say anything
8 about this issue because they're embarrassed.
9 But if we can't act on this issue,
10 we can't do very much. And I applaud the
11 support that my colleagues are giving this
12 legislation. And I think it's definitely time
13 that we act and that we send a message not
14 only to our constituents, but to the other
15 house, and make this a law this year.
16 Thank you.
17 ACTING PRESIDENT LITTLE: Thank
18 you, Senator Farley.
19 Senator Stachowski.
20 SENATOR STACHOWSKI: Madam
21 President, I too rise. I wasn't going to say
22 anything on this. But due to some of the
23 other comments, I thought I should say a few
24 things.
25 I think the bill is a good bill. I
Candyco Transcription Service, Inc.
(518) 371-8910
3581
1 think it's about time. I think there's
2 nothing that people want protection against
3 more than these sexual predators.
4 I don't know how many other people
5 have anything to do with certain schools, but
6 in the Catholic school system -- and this I
7 think is nationwide, but I know in Erie County
8 we all have to take a course on sexual
9 predators. And you get continual updates.
10 But in the three hours that you
11 take this initial course, you watch some
12 videos that are pretty rough to watch, because
13 they have these -- they have some convicted
14 predators speaking. And the interesting thing
15 is what rang through on all of them was would
16 they do it again, and the answer inevitably
17 was yes.
18 And the other thing was some of
19 them were -- like the one in particular, how
20 he got involved, he was a father with a couple
21 of kids. And he would have his kids have
22 their friends overnight. And that's who he
23 was selecting and abusing.
24 And so it's -- it is something that
25 is invisible to the naked eye. And the whole
Candyco Transcription Service, Inc.
(518) 371-8910
3582
1 point of the course is to try to have people
2 that work with kids try to find ways to keep
3 these -- or detect people that might be these
4 kind of people.
5 Because what they do is they work
6 themselves into the community. They work
7 themselves into your family. They work
8 themselves -- a lot of times they might even
9 be relatives. But they get everybody's
10 confidence. And they try to involve
11 themselves, like they work at playgrounds,
12 they work at skating rinks. They try to get
13 those kind of positions.
14 And so that to think you've got to
15 have hearings to figure out this is a major
16 problem, to me, just baffles me. I'm sorry.
17 I just don't see that. And yes, I vote more
18 or less on law and order. But in this
19 particular case, I've even taken courses on
20 this. And to hesitate on instituting
21 bracelets for Level 3 offenders, I don't have
22 the least bit of hesitation.
23 Would I feel bad that somebody then
24 would have to wear that? No. Because they --
25 they merited wearing that. It's kind of
Candyco Transcription Service, Inc.
(518) 371-8910
3583
1 something that they won, you know, in an odd
2 sense of the use of the term.
3 But I think the bill's time is now.
4 I think the public wants it. I think every
5 parent wants it. And I think even friends of
6 families with kids want it, because they don't
7 want to see children they know or that they
8 work with ever have to fall under the abuse of
9 one of these predators.
10 So I also am supporting this bill.
11 ACTING PRESIDENT LITTLE: Thank
12 you, Senator Stachowski.
13 Is there any other Senator wishing
14 to be heard?
15 Senator Schneiderman.
16 SENATOR SCHNEIDERMAN: Thank you,
17 Madam President. Very, very briefly.
18 This has been an interesting debate
19 about a very important and very difficult
20 subject. I would urge my colleagues here --
21 and there are issues in this particular bill
22 that I have concerns about. I think Senator
23 Montgomery's calling our attention to the
24 issue of the Level 1s, and the conduct that
25 gets you into Level 1, I think is important.
Candyco Transcription Service, Inc.
(518) 371-8910
3584
1 I think that there are some ways in
2 which this bill dramatically improves the
3 current system: the provision for notice to
4 offenders, the provisions for monitoring
5 Level 3.
6 But I would urge my colleagues, the
7 one thing I disagree with in the debate was
8 when one of my colleagues over there -- I
9 think it was Senator Nozzolio, and I think it
10 was well-intentioned -- said "We're not here
11 to negotiate with the Assembly over safety."
12 I hope we are here to negotiate
13 with the Assembly. Because I'd like to see a
14 law rather than just a one-house bill. And I
15 think there are sufficient issues that are
16 still on the table that we may be able to
17 address in cooperation with the Assembly.
18 And I do sincerely hope we are here
19 to negotiate, because this bill doesn't
20 address one critical area that I think should
21 be a part of any solution, and that's
22 treatment. And that's treatment.
23 And I gather there were hearings,
24 and I'm always happy when we have hearings
25 before we pass bills. But I gather there
Candyco Transcription Service, Inc.
(518) 371-8910
3585
1 weren't experts on the area of treatment of
2 sexual predators at the hearings.
3 There is a 43 percent reduction in
4 recidivism for sexual offenders if they
5 receive treatment. We should be funding that
6 too. A lot of my colleagues said we should
7 use every tool available, we should do
8 everything we can. I agree. So let's agree
9 address the issue of treatment. Senator
10 Paterson has proposals to fund treatment, and
11 I think we should be doing that as well.
12 I hear the concerns that have been
13 raised by many of my colleagues, particularly
14 the references Senator Valesky and others made
15 to when you think about this as a parent it
16 certainly changes your point of view, to the
17 extent you had doubts.
18 I will be voting in support of this
19 bill, but I urge my colleagues let's try and
20 make it a law, let's negotiate with the
21 Assembly, and let's address the issue of
22 treatment.
23 Thank you, Madam President.
24 ACTING PRESIDENT LITTLE: Thank
25 you, Senator Schneiderman.
Candyco Transcription Service, Inc.
(518) 371-8910
3586
1 Is there any other Senator wishing
2 to be heard?
3 The debate is closed.
4 The Secretary will ring the bell.
5 Read the last section.
6 THE SECRETARY: Section 32. This
7 act shall take effect immediately.
8 ACTING PRESIDENT LITTLE: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT LITTLE: Senator
12 Diaz, why do you rise?
13 SENATOR DIAZ: To explain my
14 vote.
15 ACTING PRESIDENT LITTLE: Thank
16 you.
17 Senator Diaz, to explain his vote.
18 SENATOR DIAZ: Thank you, Madam
19 President.
20 It is unbelievable and maybe
21 shameful to see the time that we have spent
22 today listening to the other side lecturing us
23 on how to protect the children and how to
24 protect the women and how to protect the
25 senior citizens in the community.
Candyco Transcription Service, Inc.
(518) 371-8910
3587
1 We all, when we are campaigning, we
2 all keep saying, we always say: If you vote
3 for me, I will protect the community, I will
4 protect the children, I will protect the
5 women, I will protect the senior citizens.
6 I don't know why -- I keep asking
7 myself, why is it that a bill like this has
8 been laid aside? There is nothing to ask.
9 There's nothing to question about a bill like
10 this. This is simple. It's supposed to be
11 simple. Ladies and gentlemen, we all are
12 committed to protect children. We all are
13 committed to protect women. We all are
14 committed to put criminals in jail and to take
15 them out of the street.
16 So, you know, why is it that we are
17 giving time to the other side to lecture us?
18 It's shameful. One by one on the other side
19 they have taken the time today to lecture us
20 on how to protect children and how shall we be
21 protecting communities, on how shall we be
22 protecting our senior citizens.
23 It should not happen. It shouldn't
24 happen. It doesn't matter if the bill is a
25 Republican bill, it doesn't matter if the bill
Candyco Transcription Service, Inc.
(518) 371-8910
3588
1 is a Democratic bill. As long as the bill
2 protect our community and keep our children
3 safe and keep our women safe, we shouldn't lay
4 it aside. There's no question about it.
5 Let's do it and let's get over with it.
6 Yes, I'm voting yes with this bill.
7 Congratulations, Senator Skelos.
8 ACTING PRESIDENT LITTLE: Senator
9 Diaz will be recorded in the affirmative.
10 Senator Libous, to explain his
11 vote.
12 SENATOR LIBOUS: Thank you, Madam
13 President.
14 I'd like to rise and explain my
15 vote and certainly thank my colleagues, thank
16 Senator Skelos and Senator Nozzolio, Senator
17 Golden, Senator Bonacic, and certainly Senator
18 Bruno for allowing the time that they took to
19 have hearings across the state.
20 I spent some time, as Senator
21 Nozzolio mentioned, at the Albany hearing.
22 And it was very interesting to get a total and
23 overall perspective from not only victims'
24 parents and certainly law enforcement
25 officials and others.
Candyco Transcription Service, Inc.
(518) 371-8910
3589
1 But we have come a long way in
2 10 years. And certainly while 10 years ago
3 this body was well-intended on doing the right
4 thing -- and we did -- there have been a
5 number of instances and circumstances that
6 have actually caused a number of local
7 governments in New York State to begin doing
8 their own things. I know that back home in
9 Binghamton and Broome County, the county
10 legislature is passing laws, the City of
11 Binghamton is passing laws.
12 But today we are passing an
13 umbrella. Twenty-five different improvements,
14 as Senator Skelos mentioned, to a good piece
15 of legislation. And it's going to be equal
16 and the same across the state so that one
17 community doesn't attack this very serious
18 problem in a different way, but it's going to
19 be attacked in a similar way.
20 Many of you have stood up this
21 afternoon and talked about the reasons why
22 this bill is important. And certainly it
23 just, to me, makes such common sense to pass
24 this legislation.
25 As we continue to read about, learn
Candyco Transcription Service, Inc.
(518) 371-8910
3590
1 about some of the horrific murders and
2 situations that take place with our young
3 children from these predators, I don't see how
4 anybody could not support this legislation.
5 Certainly you may not agree with everything in
6 it. But the whole concept of the enhancement
7 of Megan's Law is an excellent concept.
8 I want to address one issue that I
9 think Senator Schneiderman said. And he's
10 somewhere -- I guess he's not here right now.
11 I chaired the Mental Health Committee for
12 12 years. And while I wouldn't profess to be
13 an expert, I've learned a lot. And we've
14 talked to a number of psychiatrists, we had
15 hearings and discussed different types of
16 mental illnesses.
17 And when it came to those sexual
18 predators, we would often hear from the
19 psychiatrists that the disease of pedophilia
20 could not be cured, that they will strike
21 again. We were told that time and time again.
22 And that treatment may be helpful,
23 but it would not stop them from committing
24 another act again. Nothing could stop that.
25 But treatment may calm them down for a period
Candyco Transcription Service, Inc.
(518) 371-8910
3591
1 of time -- and I'm not saying that treatment
2 should not be imposed, because it is being
3 imposed.
4 You know, there's a facility in my
5 district that is run by the Office of Mental
6 Retardation that is a facility -- it's a
7 center for intense treatment. Senator Little
8 has one in her district.
9 And those facilities, those
10 facilities have a number of sexual predators
11 in them. But they are not allowed to go out.
12 They have to be under supervision all the
13 time.
14 And, Madam President, I just want
15 to say that I think this is an excellent piece
16 of legislation, I applaud my colleagues, and I
17 vote aye.
18 ACTING PRESIDENT LITTLE: Thank
19 you.
20 Senator Libous will be recorded in
21 the affirmative.
22 Senator Stavisky, to explain her
23 vote.
24 SENATOR STAVISKY: To explain my
25 vote. I want to follow up on what Senator
Candyco Transcription Service, Inc.
(518) 371-8910
3592
1 Libous said.
2 I had a Level 3 offender living in
3 my district. And as I became more and more
4 familiar with Megan's Law and the requirements
5 for reporting, et cetera, we tried to find out
6 what the rate of recidivism was. And the more
7 statistics that were thrown at us, the more
8 inaccurate I think they became.
9 And I am absolutely convinced,
10 number one, we have an absence of research in
11 this area, and, number two, that the rate of
12 recidivism for Level 3 offenders is extremely
13 high.
14 And while I think this bill is a
15 little harsh on Level 1 offenders, I think
16 that Level 3 offenders have to be protected by
17 the state -- or I should say the victims of
18 the Level 3 offenders have to be protected by
19 the state. And I vote aye.
20 ACTING PRESIDENT LITTLE: Thank
21 you.
22 Senator Stavisky will be recorded
23 in the affirmative.
24 Senator DeFrancisco, to explain his
25 vote.
Candyco Transcription Service, Inc.
(518) 371-8910
3593
1 SENATOR DeFRANCISCO: Very
2 briefly. Everything has been said that could
3 possibly be said. I just wanted to respond to
4 Senator Diaz.
5 I don't think anybody is talking
6 down to you or anyone else, or lecturing you
7 or anyone else about this bill. I think
8 what's being said on the floor today and what
9 has been said over and over again, very
10 passionately by many on both sides of the
11 aisle, is that this is an important bill for
12 the protection of our children.
13 And I think if there's a message to
14 anyone, I think the message is really being
15 delivered from this chamber to the other
16 chamber of the importance of having a same-as,
17 so that this can become law and protect the
18 most vulnerable in our community.
19 I vote aye.
20 ACTING PRESIDENT LITTLE: Thank
21 you.
22 Senator DeFrancisco will be
23 recorded in the affirmative.
24 Senator Balboni, to explain his
25 vote.
Candyco Transcription Service, Inc.
(518) 371-8910
3594
1 SENATOR BALBONI: Madam
2 President, when Senator Skelos first began
3 looking at this issue, he was perceived by
4 some, particularly in the Assembly, as being a
5 reactionary, someone who was piling on.
6 I can remember the discussions in
7 the Assembly at the time, where people said
8 this was a bill that was not appropriate, that
9 the penalty for these crimes was prison and
10 that in and of itself was satisfactory.
11 And what has happened in this state
12 and across this nation is this issue has
13 evolved. And frankly, in some aspects, it is
14 a horrifying evolution. We're beginning to
15 appreciate that these individuals are not
16 people that can be rehabilitated, as startling
17 as that is.
18 And so as Senator Skelos now comes
19 back to this issue again and tries to
20 recognize the fact that this plague simply
21 will not go away, he comes back with
22 commonsense extensions of the current law,
23 things that recognize the technology and how
24 it will help track these individuals.
25 I stand up and continue to support
Candyco Transcription Service, Inc.
(518) 371-8910
3595
1 his efforts and just pray to God that we find
2 some foolproof system to protect our children
3 from the most horrible scourge that we can
4 consider in a, quote, civilized society.
5 I vote aye.
6 ACTING PRESIDENT LITTLE: Thank
7 you.
8 Senator Balboni will be recorded in
9 the affirmative.
10 The Secretary will announce the
11 results.
12 THE SECRETARY: Ayes, 56. Nays,
13 2. Senators Duane and Montgomery recorded in
14 the negative.
15 Those Senators absent from voting
16 on Calendar Number 1368 are Senators Connor
17 and Gonzalez.
18 ACTING PRESIDENT LITTLE: The
19 bill is passed.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 1391, substituted earlier today by Member of
23 the Assembly Bradley, Assembly Print Number
24 6722, an act to amend the General Municipal
25 Law.
Candyco Transcription Service, Inc.
(518) 371-8910
3596
1 SENATOR SCHNEIDERMAN:
2 Explanation.
3 ACTING PRESIDENT LITTLE: Thank
4 you.
5 Senator Leibell, for an
6 explanation.
7 SENATOR LEIBELL: Thank you,
8 Madam President.
9 This bill would add a new article
10 19B to the General Municipal Law to authorize
11 municipalities in New York State to create and
12 establish municipal theme districts within
13 their borders.
14 A municipal theme district would be
15 a defined geographic area within a
16 municipality designated by such for the
17 purpose of constructing, renovating and/or
18 geographically coordinating a common area for
19 arts, entertainment, education, culture or
20 business.
21 ACTING PRESIDENT LITTLE: Thank
22 you.
23 Senator Krueger.
24 SENATOR LIZ KRUEGER: Thank you,
25 Madam President. If the sponsor would please
Candyco Transcription Service, Inc.
(518) 371-8910
3597
1 yield.
2 ACTING PRESIDENT LITTLE: Thank
3 you.
4 Will the sponsor yield?
5 SENATOR LEIBELL: Yes.
6 SENATOR LIZ KRUEGER: Thank you.
7 I have to say, having read the
8 bill, I'm a little confused about what it
9 actually would do. It creates the ability to
10 create a theme district, and it provides for a
11 seven-person board to oversee the district.
12 And it defines that you have to define a
13 geographic area and have X number of buildings
14 in it.
15 But what does any of that mean?
16 How does it affect either planning or zoning
17 or local law? What does it actually do
18 besides say there's seven people who will
19 oversee said entities?
20 SENATOR LIBOUS: To answer your
21 question, Senator, what this will do is to
22 allow --
23 ACTING PRESIDENT LITTLE: Excuse
24 me, Senator Leibell.
25 Can we have order, please, so the
Candyco Transcription Service, Inc.
(518) 371-8910
3598
1 speakers can be heard.
2 SENATOR LEIBELL: -- is to allow
3 a municipality to have the freedom and the
4 flexibility to create within its community,
5 its municipality, these special areas.
6 And it would not be the same as
7 zoning or planning, but it would allow them
8 the ability to create -- for instance, it may
9 be an area that would be dedicated to the
10 arts. It could be something that would be an
11 antique district, which is common. It would
12 allow for a defined area and would allow for
13 more coordinated planning.
14 SENATOR LIZ KRUEGER: Madam
15 President, if the sponsor would continue to
16 yield.
17 ACTING PRESIDENT LITTLE: Thank
18 you.
19 Senator Leibell, do you continue to
20 yield?
21 SENATOR LEIBELL: Yes.
22 ACTING PRESIDENT LITTLE: Thank
23 you.
24 SENATOR LIZ KRUEGER: Thank you.
25 What in New York State law stops
Candyco Transcription Service, Inc.
(518) 371-8910
3599
1 them from doing this now, if they want to, on
2 a local level?
3 SENATOR LEIBELL: There's no
4 authority for them to do it.
5 SENATOR LIZ KRUEGER: Madam
6 President, if the sponsor would continue to
7 yield.
8 ACTING PRESIDENT LITTLE: Thank
9 you.
10 Senator Leibell, do you continue to
11 yield?
12 SENATOR LEIBELL: Yes.
13 ACTING PRESIDENT LITTLE: Thank
14 you.
15 SENATOR LIZ KRUEGER: Does this
16 bill include any mechanism by which they can
17 exempt entities from taxes?
18 SENATOR LEIBELL: No.
19 SENATOR LIZ KRUEGER: No.
20 Thank you, Madam President. On the
21 bill, Madam President.
22 ACTING PRESIDENT LITTLE: Thank
23 you.
24 Senator Krueger, on the bill.
25 SENATOR LIZ KRUEGER: Thank you.
Candyco Transcription Service, Inc.
(518) 371-8910
3600
1 Thank you, Senator.
2 I have to say I read the bill
3 carefully, because I tend to be nervous about
4 creating any new types of umbrella entities
5 throughout the state. And I looked and I
6 said, Well, it doesn't appear that there's a
7 cost associated, it doesn't appear that it
8 exempts these entities from any local zoning
9 laws, it doesn't appear that it provides for
10 tax exemptions or credits, which the sponsor
11 has confirmed.
12 It is very broad, since it includes
13 almost any category a locality might
14 consider -- arts, entertainment, education,
15 culture or business.
16 And so I was left with the
17 question, which I still have, of why do we
18 need this. What really stops a town from
19 saying, now, We want to work together and
20 coordinate with a theme around the district?
21 It doesn't even seem to address
22 questions of signage or announcements of said
23 districts, since I would assume that would
24 also fit into local zoning or local land use
25 or even local signage ordinances.
Candyco Transcription Service, Inc.
(518) 371-8910
3601
1 So my concern is not that this bill
2 could do harm. My concern is that I don't see
3 a reason why New York State actually needs to
4 do this, since I don't see anything in here
5 that a town couldn't do regardless of whether
6 we acted.
7 But I am concerned that it's
8 potentially a precedent for coming back to the
9 Legislature and asking for other things later,
10 asking for the right to do tax exemptions, as
11 IDAs do, for example, since this is
12 specifically allowing business-themed
13 districts as well as cultural, arts and
14 education-themed districts.
15 And I'm concerned that there might
16 be a proposal to come back for expansion with
17 matching with Empire Zones in some way, which
18 I have real concerns about, despite the
19 changes that we made this year.
20 So while I can't be sincere in my
21 analysis, I can't say that I find anything
22 specifically wrong with this bill, Senator.
23 The precedent worries me for what might come
24 next in the request. And I don't see how, if
25 we don't pass this law, any town in the State
Candyco Transcription Service, Inc.
(518) 371-8910
3602
1 of New York can't move forward to do exactly
2 this, absent legislation by the state.
3 So I'll vote no, because I don't
4 think we need this bill.
5 Thank you, Madam President.
6 ACTING PRESIDENT LITTLE: Thank
7 you.
8 Senator Farley.
9 SENATOR FARLEY: Yeah, I rise in
10 support of this bill.
11 This is, in my judgment, a very
12 significant bill, particularly for smaller
13 upstate cities and communities in the upstate
14 areas, small cities in particular that are
15 having a difficult time in attracting people
16 downtown. They've gone off to the malls and
17 the suburbs and so forth.
18 And this can be something that can
19 set up a center in downtown Albany, downtown
20 Schenectady -- Schenectady has got one that
21 they're trying to do with Little Italy, that
22 sort of thing -- and to attract people to come
23 downtown again and revitalize what we see are
24 really deteriorating downtown areas.
25 We've made quite a few efforts in
Candyco Transcription Service, Inc.
(518) 371-8910
3603
1 my hometown, in Schenectady, to revitalize it,
2 and things have been happening here in Albany
3 also. This is just another step towards
4 trying to help some of the smaller cities
5 upstate, and particularly to excite and make
6 some excitement and revitalization in the
7 downtown areas.
8 I think it's a great piece of
9 legislation, and I urge its support.
10 ACTING PRESIDENT LITTLE: Thank
11 you.
12 Is there any other Senator wishing
13 to be heard?
14 The debate is closed.
15 The Secretary will ring the bell.
16 Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT LITTLE: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes, 57. Nays,
23 1. Senator L. Krueger recorded in the
24 negative.
25 Those Senators absent from voting
Candyco Transcription Service, Inc.
(518) 371-8910
3604
1 on Calendar 1391 are Senators Connor and
2 Gonzalez.
3 ACTING PRESIDENT LITTLE: The
4 bill is passed.
5 The Secretary will read.
6 THE SECRETARY: Calendar Number
7 1400, by Senator Robach, Senate Print 5171, an
8 act to amend the Penal Law.
9 SENATOR SCHNEIDERMAN:
10 Explanation.
11 ACTING PRESIDENT LITTLE: Thank
12 you.
13 Senator Robach, for an explanation.
14 SENATOR ROBACH: Yes, Madam
15 President. This bill, on the technical side,
16 would make it a Class A misdemeanor to
17 knowingly possess or sell drug paraphernalia
18 for the purpose of using an illegal controlled
19 substance, is the technical explanation.
20 On the pragmatic application, in
21 the street side, what the intent of this bill
22 is is, working along with Neighborhood Crime
23 Watch groups, community organizations,
24 neighborhood empowerment teams in Rochester,
25 we are really trying to put some of the onus
Candyco Transcription Service, Inc.
(518) 371-8910
3605
1 on the people who also are not only the drug
2 users but sell in their shops, on a daily
3 basis, kits, tubes packaged totally for
4 selling everything from crack and other
5 illegal drugs.
6 Yet at the same time, in the city
7 of Rochester, the same shop owners are
8 complaining about drug murders and activity
9 outside their shops. Yet I feel very strongly
10 that they are not doing anything to deter the
11 usage or that activity outside their places of
12 business.
13 This would address the already
14 existing law which says there has to be drug
15 residue, and really try and stop it and take
16 that kind of activity out of those areas as a
17 preventive strike, rather than a post-strike,
18 which only goes to those people who are using
19 the drugs themselves.
20 That's as brief as I can be.
21 ACTING PRESIDENT LITTLE: Thank
22 you.
23 Senator Schneiderman.
24 SENATOR SCHNEIDERMAN: Thank you,
25 Madam President.
Candyco Transcription Service, Inc.
(518) 371-8910
3606
1 If the sponsor would yield for a
2 few brief questions.
3 ACTING PRESIDENT LITTLE: Thank
4 you.
5 Senator Robach, do you yield?
6 SENATOR ROBACH: Gladly.
7 ACTING PRESIDENT LITTLE: If we
8 could have it just a bit quieter in here,
9 please.
10 SENATOR SCHNEIDERMAN: My first
11 question is, this bill states that if you
12 possess steel wool or glass tubing under
13 circumstances -- and I'm reading from the
14 bill -- evincing knowledge that some person
15 intends to use the same unlawfully, then you
16 are guilty of a crime.
17 Could you please explain to us what
18 that means? That's about as vague as I can
19 imagine. What would be proof of circumstances
20 evincing knowledge that some person intends to
21 use the steel wool someone is in possession of
22 unlawfully?
23 SENATOR ROBACH: Yeah, I think
24 that how I would best explain it -- and
25 obviously this would be a judgmental decision.
Candyco Transcription Service, Inc.
(518) 371-8910
3607
1 But I would say that prior to the
2 activity, when you see these things called
3 zoom tubes, a number of names, power tubes --
4 or they actually package, believe it or not --
5 and I know there's some real application for
6 these things, steel wool and other things, in
7 our legal lives or life outside of drug use.
8 But when they package them together and
9 everybody, I think, in our society, as well as
10 law enforcement, as well as those people who
11 sell it, know what it's used for, that would
12 be my definition of knowingly want to use
13 drugs.
14 And I would hope that law
15 enforcement and retail people, as well as the
16 courts, would take the same interpretation.
17 SENATOR SCHNEIDERMAN: Thank you.
18 Through you, Madam President, if
19 the sponsor would continue to yield.
20 ACTING PRESIDENT LITTLE: Thank
21 you.
22 Senator Robach, do you continue to
23 yield?
24 SENATOR ROBACH: Certainly.
25 ACTING PRESIDENT LITTLE: Thank
Candyco Transcription Service, Inc.
(518) 371-8910
3608
1 you.
2 SENATOR SCHNEIDERMAN: I'm on the
3 Codes Committee, and I don't recall seeing
4 this bill. Did this bill go through the Codes
5 Committee?
6 SENATOR ROBACH: I believe it
7 went through Rules.
8 SENATOR SCHNEIDERMAN: Thank you.
9 And through you, Madam President.
10 In fact, this went through Rules yesterday, I
11 believe. Is that not correct?
12 SENATOR ROBACH: Yes.
13 SENATOR SCHNEIDERMAN: Was there
14 any debate on any of these issues in the Rules
15 Committee?
16 SENATOR ROBACH: I do not know.
17 I'm not a member of the Rules Committee. But
18 I do not believe so.
19 SENATOR SCHNEIDERMAN: And
20 through you, Madam President, if the sponsor
21 would continue to yield.
22 SENATOR ROBACH: That's what we
23 have today for.
24 ACTING PRESIDENT LITTLE: Do you
25 continue to yield?
Candyco Transcription Service, Inc.
(518) 371-8910
3609
1 SENATOR SCHNEIDERMAN: Were there
2 any public hearings or hearings of any kind
3 related to this issue before this bill went to
4 the Rules Committee yesterday and came to the
5 floor today?
6 SENATOR ROBACH: Yeah,
7 absolutely. And I would say that the public
8 hearings have been -- and this is not just for
9 Rochester. This is Buffalo, Syracuse, New
10 York City. We have heard from advocates
11 across the state who do pat tack walks [ph],
12 Neighborhood Crime Watch, empower neighborhood
13 teams who want this stopped before it's done.
14 There's been a number of news
15 stories on this very issue all across the
16 state. It's one of the few issues in bills I
17 have where I've also been contacted by other
18 communities in other news places saying what
19 is the status of this bill, what is going to
20 happen.
21 So I would say that while we have
22 not had specifically a public hearing on this
23 very issue, we have had them on a number of
24 quality-of-life issues and crime issues across
25 this state. But this is one where this is not
Candyco Transcription Service, Inc.
(518) 371-8910
3610
1 an idea from a legislator, this is an idea
2 that's come from the public where I am merely
3 the conduit of putting this into print. So I
4 think there's been a lot of public dialogue on
5 the bill.
6 SENATOR SCHNEIDERMAN: Thank you,
7 Madam President. Thank the sponsor.
8 On the bill.
9 ACTING PRESIDENT LITTLE: Thank
10 you.
11 Senator Schneiderman, on the bill.
12 SENATOR SCHNEIDERMAN: I think
13 that I have some questions about the language
14 of this bill and how it would be applied. But
15 my major problem with this bill really has to
16 do with the process by which it reached us on
17 the floor of the Senate.
18 This is not an issue that -- it's
19 the end of the session, I don't think this
20 bill is going to pass in the Assembly. But I
21 think that this is emblematic of what the
22 public perceives as a dysfunctional process by
23 which a bill cannot go through the substantive
24 committee, cannot have public hearings, can
25 show up in Rules on a Tuesday, come to the
Candyco Transcription Service, Inc.
(518) 371-8910
3611
1 floor on a Wednesday and be -- I note that
2 there's one sponsor on it. I don't think it's
3 been -- it has not been opened to bill
4 sponsorship.
5 And we really do, as we end this
6 session, have to think back to the beginning
7 of the session when we made commitments to the
8 public that we were going to reform the rules
9 of the Senate. We have a situation on our
10 hands here where we have moved backwards, in
11 my view, while the Assembly, in a limited
12 way -- but at least it has moved forward.
13 The efforts to reform the rules of
14 the Senate so this circumstance does not arise
15 have -- we're not allowed to bring motions
16 anymore, resolutions to the floor of the
17 Senate to reform the Senate rules. We're
18 required to go into the Rules Committee to do
19 that.
20 We have submitted 11 different
21 proposals, resolutions submitted by members of
22 this conference to the Rules Committee,
23 starting in February, and we have not received
24 any response. They've never showed up on the
25 calendar --
Candyco Transcription Service, Inc.
(518) 371-8910
3612
1 ACTING PRESIDENT LITTLE: Senator
2 Skelos, why do you rise?
3 SENATOR SKELOS: Madam President,
4 I'm really not looking to prolong the
5 discussion, but I don't really believe this is
6 totally germane to Senator Robach's
7 legislation.
8 I don't believe there's a hearing
9 held on every single bill that passes the
10 Legislature. I've seen a number of bills that
11 have passed, Senator Stachowski and others; I
12 don't believe they all held hearings on their
13 bills.
14 In fact, if you want to discuss the
15 rules change, perhaps you could discuss the
16 rules change -- well, that's not germane,
17 though, so I guess we shouldn't do it right
18 now. But the Rules Committee is intended to
19 review bills.
20 In the past, you would give us
21 24-hour notice to make a rules change. Now it
22 goes to the Rules Committee, which can
23 deliberate over the proposed changes. So in
24 fact, you're regressive in the direction you
25 want to go.
Candyco Transcription Service, Inc.
(518) 371-8910
3613
1 So again, Madam President, what I
2 would suggest is that we maintain the
3 discussion on Senator Robach's legislation.
4 And if at some point -- I believe there's an
5 opportunity at the end of session, near the
6 end of session -- after everything is done, if
7 you want to sit here and talk for a while,
8 you're more than welcome to do it.
9 But perhaps right now we can stick
10 to the legislation.
11 SENATOR SCHNEIDERMAN: Madam
12 President.
13 ACTING PRESIDENT LITTLE: Thank
14 you. Senator Skelos, your point is
15 well-taken.
16 SENATOR SCHNEIDERMAN: Madam
17 President, I wish to address the points
18 Senator Skelos made, since he spoke at length.
19 I'm speaking about the process by
20 which this bill came to the floor. I have
21 never before heard anyone ruled to be making
22 nongermane comments when they discuss the
23 process by which a bill reaches the floor.
24 ACTING PRESIDENT LITTLE: Senator
25 Schneiderman, excuse me, but you are out of
Candyco Transcription Service, Inc.
(518) 371-8910
3614
1 order. This is not germane to the bill that
2 is on the floor.
3 Would you continue to address the
4 bill.
5 SENATOR SCHNEIDERMAN: Frankly,
6 Madam President, at this point I want to
7 appeal from the ruling of the chair and ask to
8 be heard on that.
9 ACTING PRESIDENT LITTLE: Should
10 the ruling of the chair be overruled? A yes
11 vote is to overrule the chair. A no vote is
12 to uphold the chair.
13 SENATOR SCHNEIDERMAN: Thank you,
14 Madam President. Very briefly.
15 The reason I'm seeking to have the
16 chair overruled -- and I don't believe that
17 the chair is trying to apply the rules
18 incorrectly. But this is -- I believe would
19 be a dramatic departure from Senate procedure
20 if you rule --
21 ACTING PRESIDENT LITTLE: Senator
22 Schneiderman --
23 SENATOR SCHNEIDERMAN: -- that we
24 are not allowed to debate the process by which
25 a bill reaches the floor of the Senate.
Candyco Transcription Service, Inc.
(518) 371-8910
3615
1 ACTING PRESIDENT LITTLE: Senator
2 Schneiderman, excuse me. But are you debating
3 the germaneness of the bill or --
4 SENATOR SCHNEIDERMAN: I am. I'm
5 appealing the ruling of the chair that these
6 comments were not germane.
7 ACTING PRESIDENT LITTLE: We need
8 to take a vote on overruling the ruling of the
9 chair.
10 SENATOR PADAVAN: It's not
11 debatable.
12 SENATOR SCHNEIDERMAN: No, it is
13 debatable. I asked to be heard. And every
14 other time we've appealed a ruling of the
15 chair, we've been heard on it.
16 ACTING PRESIDENT LITTLE: Are you
17 debating overruling the chair?
18 SENATOR SCHNEIDERMAN: Yes, Madam
19 President. I'm just speaking -- attempting to
20 speak briefly on our application to have the
21 ruling of the chair overturned.
22 And the reason is that I think it
23 is critical -- some people in this house have
24 voted and have stated, on the other side of
25 the aisle, that they might agree with the
Candyco Transcription Service, Inc.
(518) 371-8910
3616
1 substance of a bill but they are so offended
2 the process by which it came to the floor,
3 they're going to vote no.
4 I believe that the process by which
5 bills become law is something that is germane
6 each and every time a bill reaches the floor
7 of the Senate, and that we should be allowed
8 to debate the process by which a bill reaches
9 the floor. That is what I'm attempting to
10 raise.
11 The fact that this went into the
12 Rules Committee yesterday, didn't go through
13 Codes, is here today, is, I think, bad
14 process.
15 I would respectfully submit that
16 the 11 resolutions submitted to the Rules
17 Committee are quite germane, because the Rules
18 Committee has refused to take any action or
19 calendar them so we can address this issue of
20 process that allows this bill to come to the
21 floor under these circumstances.
22 And I would respectfully request
23 that we not have a ruling that can hurt all of
24 us down the line that says that you cannot
25 debate the process by which a bill comes to
Candyco Transcription Service, Inc.
(518) 371-8910
3617
1 the floor as well as the substance of that
2 bill on the floor of the Senate. And I would
3 request that all my colleagues join me in
4 voting to overturn the ruling of the chair.
5 Thank you, Madam President.
6 ACTING PRESIDENT LITTLE: Shall
7 the ruling of the chair be overruled? All
8 those voting yes to overrule the chair; all
9 these voting no to uphold the chair.
10 The Secretary will ring the bell.
11 SENATOR SCHNEIDERMAN: Madam
12 President, can we get a clarification?
13 Madam President, point of order.
14 What was the vote, and was the ruling of the
15 chair upheld? Where are we now in the debate
16 on this bill?
17 ACTING PRESIDENT LITTLE: We're
18 taking the roll call now.
19 SENATOR SCHNEIDERMAN: On the
20 issue of overturning the chair?
21 ACTING PRESIDENT LITTLE: All
22 those in favor of overruling the chair signify
23 by raising your hand.
24 (Raising of hands.)
25 ACTING PRESIDENT LITTLE: The
Candyco Transcription Service, Inc.
(518) 371-8910
3618
1 motion is defeated. The ruling of the chair
2 is upheld.
3 Senator Schneiderman, do you wish
4 to continue on the bill?
5 SENATOR SCHNEIDERMAN: Thank you,
6 Madam President.
7 Just to close, I do believe that
8 there are issues in this bill related to the
9 language, the lack of a clear standard of
10 proof. This is, to my knowledge,
11 unprecedented language, this issue of
12 possessing steel wool under circumstances
13 evincing knowledge that some person intends to
14 use the same unlawfully. And I would
15 respectfully suggest that some more process in
16 the Senate might lead to us a better bill.
17 I do think it is a shame that the
18 process -- that the rules not been reformed
19 since January. I would respectfully submit to
20 my colleagues that all of the resolutions
21 submitted by people on this side of the aisle
22 to the Rules Committee should be addressed
23 before the end of session.
24 And I would suggest that even
25 though I appreciate Senator Robach's sincerity
Candyco Transcription Service, Inc.
(518) 371-8910
3619
1 in attempting to resolve a loophole in the
2 law, that the process by which this bill has
3 come to the floor is Exhibit A on the
4 dysfunctionality of the Legislature, and that
5 I will be voting against it with the hope --
6 ACTING PRESIDENT LITTLE: Senator
7 Schneiderman --
8 SENATOR SCHNEIDERMAN: -- that we
9 will have a period of time to rewrite --
10 ACTING PRESIDENT LITTLE: Senator
11 Schneiderman, excuse me, but that has already
12 been ruled nongermane.
13 So continue on the bill.
14 SENATOR SCHNEIDERMAN: My hope
15 is, as I was just saying, that we can rewrite
16 the bill and consider it in a more
17 deliberative fashion. I don't think it's
18 going to become law this session. And I am
19 certainly willing to work with Senator Robach
20 on that, because I know his intent in bringing
21 this bill before this body is sincere.
22 Thank you, Madam President.
23 ACTING PRESIDENT LITTLE: Thank
24 you.
25 Is there any other Senator wishing
Candyco Transcription Service, Inc.
(518) 371-8910
3620
1 to be heard?
2 Senator Padavan.
3 SENATOR PADAVAN: Thank you,
4 Madam President.
5 The issue here of relevance in
6 terms of the wording of the bill was
7 questioned by the previous speaker. By way of
8 clarifying that issue, as a sponsor of the
9 original law that dealt with drug
10 paraphernalia and the outlawing of head shops
11 in the state of New York back in the late
12 '70s, when we did that, the very same language
13 that you see here was used.
14 The bill was challenged -- and, by
15 the way, it was preceded by a number of public
16 hearings, I might add. The bill was
17 challenged in the courts on a number of legal
18 issues that were raised by the drug
19 paraphernalia industry, the head shop industry
20 in New York State, which at that point in time
21 was quite extensive. It went up to the
22 New York State Court of Appeals, and we
23 prevailed.
24 And the law is now enforceable
25 statewide, including a component of the
Candyco Transcription Service, Inc.
(518) 371-8910
3621
1 Attorney General's office that has that
2 responsibility. At the time they were very
3 busy enforcing the law. And over the years,
4 because of the virtual elimination of head
5 shops, their work has been diminished.
6 Now, what Senator Robach is doing
7 here is expanding the law. And it's been
8 changed a couple of times since, to expand it,
9 to clarify it in terms of what types of
10 instruments of dual use, instruments that are
11 used, either chemical or physical, in the
12 consumption of illegal substances. And that's
13 what he's seeking to do here. And I think
14 it's a worthwhile effort.
15 But the question of intent to use
16 for was clarified by the courts, the highest
17 court in this state decades ago, and therefore
18 is not a valid criticism of this Legislature
19 at this point in time.
20 ACTING PRESIDENT LITTLE: Thank
21 you, Senator Padavan.
22 Is there any other Senator wishing
23 to speak?
24 The debate is closed.
25 The Secretary will ring the bell.
Candyco Transcription Service, Inc.
(518) 371-8910
3622
1 Read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first of November
4 next succeeding the date on which it shall
5 have become a law.
6 ACTING PRESIDENT LITTLE: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT LITTLE: Senator
10 Krueger, to explain her vote.
11 SENATOR LIZ KRUEGER: Thank you,
12 Madam President.
13 I rise to vote no on this
14 legislation. I think that the concept that is
15 being passed in this bill would in fact imply
16 that many Lowe's, Home Depots, Wal-Marts and
17 small individual hardware stores would
18 suddenly find themselves potentially guilty of
19 being accused of carrying drug paraphernalia.
20 So I think it's bad-precedent law.
21 But I think what is worse is in
22 fact the gag order that we have used today on
23 the discussion of this bill on the floor of
24 the Senate. So I'm sorry we went down that
25 road. I hope we don't continue to go down
Candyco Transcription Service, Inc.
(518) 371-8910
3623
1 that road. This is supposed to be a democracy
2 where we get --
3 ACTING PRESIDENT LITTLE: Senator
4 Krueger, how do you vote?
5 SENATOR LIZ KRUEGER: I'll be
6 voting no.
7 Thank you, Madam President.
8 ACTING PRESIDENT LITTLE: Thank
9 you.
10 Senator Krueger will be recorded in
11 the negative.
12 The Secretary will announce the
13 results.
14 THE SECRETARY: Those recorded in
15 the negative on Calendar Number 1400 are
16 Senators Andrews, Diaz, Dilan, Duane,
17 L. Krueger, Montgomery, Parker, Paterson,
18 Savino, Schneiderman, Serrano, and A. Smith.
19 Ayes, 46. Nays, 12.
20 Those Senators absent from voting
21 are Senators Connor and Gonzalez.
22 ACTING PRESIDENT LITTLE: The
23 bill is passed.
24 Senator Skelos, that completes the
25 controversial reading of the calendar.
Candyco Transcription Service, Inc.
(518) 371-8910
3624
1 SENATOR SKELOS: Thank you, Madam
2 President.
3 There will be an immediate meeting
4 of the Rules Committee in the Majority
5 Conference Room, and then the committee report
6 will be read and accepted on the floor. And
7 we will adjourn.
8 I believe there are some motions on
9 the floor, though, at this time.
10 ACTING PRESIDENT LITTLE: Thank
11 you.
12 Senator Seward, for a motion.
13 SENATOR SEWARD: Yes, Madam
14 President. I wish to call up Senator
15 Balboni's bill, Print Number 2579, recalled
16 from the Assembly, which is now at the desk.
17 ACTING PRESIDENT LITTLE: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 525, by Senator Balboni, Senate Print 2579, an
21 act to authorize the Village of Floral Park.
22 SENATOR SEWARD: Madam President,
23 I now move to reconsider the vote by which
24 this bill was passed.
25 ACTING PRESIDENT LITTLE: The
Candyco Transcription Service, Inc.
(518) 371-8910
3625
1 Secretary will call the roll on
2 reconsideration.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 58.
5 SENATOR SEWARD: Madam President,
6 I now offer the following amendments.
7 ACTING PRESIDENT LITTLE: Thank
8 you, Senator Seward. The amendments are
9 received.
10 SENATOR SKELOS: Madam President.
11 ACTING PRESIDENT LITTLE: Senator
12 Skelos.
13 Could we have quiet, please.
14 SENATOR SKELOS: If we could just
15 stand at ease pending the report of the Rules
16 Committee.
17 ACTING PRESIDENT LITTLE: The
18 Senate stands at ease.
19 (Whereupon, the Senate stood at
20 ease at 2:10 p.m.)
21 (Whereupon, the Senate reconvened
22 at 2:22 p.m.)
23 ACTING PRESIDENT LITTLE: Senator
24 Leibell.
25 SENATOR LEIBELL: If we could
Candyco Transcription Service, Inc.
(518) 371-8910
3626
1 return to reports of standing committees, I
2 believe there's a report of the Rules
3 Committee at the desk.
4 ACTING PRESIDENT LITTLE: Reports
5 of standing committees.
6 The Secretary will read.
7 THE SECRETARY: Senator Bruno,
8 from the Committee on Rules, reports the
9 following bills:
10 Senate Print 431A, by Senator
11 Trunzo, an act to amend the Executive Law;
12 1684, by Senator Trunzo, an act to
13 amend the Vehicle and Traffic Law;
14 1736, by Senator Larkin, an act to
15 authorize the Town of New Windsor;
16 Senate Print 2234, by Senator Diaz,
17 an act to amend the Agriculture and Markets
18 Law;
19 Senate Print 2369, by Senator
20 Marcellino, an act to require the New York
21 State and Local Employees Retirement System;
22 Senate Print 2514, by Senator
23 LaValle, an act to amend the Education Law;
24 Senate Print 2737, by Senator
25 Golden, an act to amend the Executive Law;
Candyco Transcription Service, Inc.
(518) 371-8910
3627
1 Senate Print 2892A, by Senator
2 Spano, an act to amend the Election Law;
3 Senate Print 2946, by Senator
4 Larkin, an act to provide for the
5 classification;
6 Senate Print 3263, by Senator
7 Leibell, an act authorizing Bryan R. Watson;
8 Senate Print 3320, by Senator
9 Volker, an act in relation to allowing Carol
10 A. Meissner;
11 Senate Print 4478, by Senator
12 Maziarz, an act to amend the Civil Service
13 Law;
14 Senate Print 4553, by Senator
15 Padavan, an act to amend the Local Finance
16 Law;
17 Senate Print 4611, by Senator
18 Hannon, an act to amend the Vehicle and
19 Traffic Law;
20 4893, by Senator Flanagan, an act
21 to amend the Environmental Conservation Law;
22 Senate Print 4951A, by Senator
23 Seward, an act in relation to granting David
24 Tobias;
25 Senate Print 4967, by Senator
Candyco Transcription Service, Inc.
(518) 371-8910
3628
1 Leibell, an act authorizing the Town of
2 Yorktown;
3 Senate Print 5128, by Senator
4 Flanagan, an act to amend the Executive Law;
5 5308, by Senator Wright, an act to
6 amend Chapter 519 of the Laws of 1999;
7 Senate Print 5309, by Senator
8 Leibell, an act to amend the General City Law;
9 Senate Print 5413A, by Senator
10 Wright, an act to amend the Highway Law;
11 Senate Print 5468A, by Senator
12 Maziarz, an act to amend the Vehicle and
13 Traffic Law;
14 Senate Print 5474, by Senator
15 Meier, an act to amend the Criminal Procedure
16 Law;
17 Senate Print 5502, by Senator
18 Meier, an act to amend the Criminal Procedure
19 Law;
20 Senate Print 5532, by Senator
21 Wright, an act to amend the Penal Law;
22 And Senate Print 5548, by Senator
23 Golden, an act to amend Chapter 779 of the
24 Laws of 1986.
25 All bills ordered direct to third
Candyco Transcription Service, Inc.
(518) 371-8910
3629
1 reading.
2 ACTING PRESIDENT LITTLE: Senator
3 Leibell.
4 SENATOR LEIBELL: Madam
5 President, move to accept the report of Rules
6 Committee.
7 ACTING PRESIDENT LITTLE: All in
8 favor of accepting the report of the Rules
9 Committee signify by saying aye.
10 (Response of "Aye.")
11 ACTING PRESIDENT LITTLE:
12 Opposed, nay.
13 (No response.)
14 ACTING PRESIDENT LITTLE: The
15 report is accepted.
16 Senator Leibell.
17 SENATOR LEIBELL: Madam
18 President, move to adjourn until Thursday,
19 June 9th, at 11:00 a.m.
20 ACTING PRESIDENT LITTLE: Thank
21 you. On motion, the Senate stands adjourned
22 until Thursday, June 9th, at 11:00 a.m.
23 (Whereupon, at 2:26 p.m., the
24 Senate adjourned.)
25
Candyco Transcription Service, Inc.
(518) 371-8910