Regular Session - March 20, 2006
1529
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 March 20, 2006
11 3:07 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR MARY O. DONOHUE, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
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25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 please come to order.
4 I ask everyone present to please
5 rise and repeat with me the Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: 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 Sunday, March 19, the Senate met pursuant to
18 adjournment. The Journal of Saturday,
19 March 18, was read and approved. On motion,
20 Senate adjourned.
21 THE PRESIDENT: Without
22 objection, the Journal stands approved as
23 read.
24 Presentation of petitions.
25 Messages from the Assembly.
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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 Skelos, I wish
11 to call up Senate Print Number 6829, recalled
12 from the Assembly, which is now at the desk.
13 THE PRESIDENT: The Secretary
14 will read.
15 THE SECRETARY: Calendar Number
16 419, by Senator Skelos, Senate Print 6829, an
17 act to amend the Real Property Tax Law.
18 SENATOR FUSCHILLO: Madam
19 President, I now move to reconsider the vote
20 by which the bill was passed.
21 THE PRESIDENT: The Secretary
22 will call the roll upon reconsideration.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes, 42.
25 SENATOR FUSCHILLO: I now offer
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1 the following amendments.
2 THE PRESIDENT: The amendments
3 are received.
4 SENATOR FUSCHILLO: Madam
5 President, on behalf of Senator Maziarz, on
6 page number 29 I offer the following
7 amendments to Calendar Number 432, Senate
8 Print Number 5849, and ask that said bill
9 retain its place on Third Reading Calendar.
10 THE PRESIDENT: The amendments
11 are received. The bill will retain its place
12 on the Third Reading Calendar.
13 Senator Skelos.
14 SENATOR SKELOS: Madam President,
15 I believe there's a substitution at the desk,
16 if we could make it at this time.
17 THE PRESIDENT: We do.
18 The Secretary will read.
19 THE SECRETARY: On page 23,
20 Senator Young moves to discharge, from the
21 Committee on Finance, Assembly Bill Number
22 4452A and substitute it for the identical
23 Senate Bill Number 6269A, Third Reading
24 Calendar 356.
25 THE PRESIDENT: Substitution
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1 ordered.
2 Senator Skelos.
3 SENATOR SKELOS: I believe
4 there's a resolution at the desk, 4089, by
5 Senator Maltese. Could we have the title read
6 and move for its immediate adoption.
7 THE PRESIDENT: The Secretary
8 will read.
9 THE SECRETARY: By Senator
10 Maltese, Legislative Resolution Number 4089,
11 commemorating the 95th Anniversary of the
12 Triangle Shirtwaist Factory Fire on March 25,
13 2006.
14 THE PRESIDENT: All those in
15 favor of the resolution please signify by
16 saying aye.
17 (Response of "Aye.")
18 THE PRESIDENT: Opposed, nay.
19 (No response.)
20 THE PRESIDENT: The resolution is
21 adopted.
22 Senator Schneiderman.
23 SENATOR SCHNEIDERMAN: Thank you,
24 Madam President.
25 I move that the following bill be
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1 discharged from its committee and be
2 recommitted with instructions to strike the
3 enacting clause: Senate Bill Number 1296, on
4 behalf of Senator Montgomery.
5 THE PRESIDENT: So ordered,
6 Senator.
7 SENATOR SCHNEIDERMAN: Thank you.
8 THE PRESIDENT: Senator Skelos.
9 SENATOR SKELOS: Madam President,
10 if we could go to the noncontroversial reading
11 of the calendar.
12 THE PRESIDENT: The Secretary
13 will read.
14 THE SECRETARY: Calendar Number
15 186, by Senator Bonacic, Senate Print 3347A,
16 an act to amend Alcoholic Beverage Control
17 Law, in relation to Class A-1 distiller's
18 license.
19 THE PRESIDENT: Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 41. Nays,
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1 1. Senator Duane recorded in the negative.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 187, by Senator Larkin, Senate Print 4075A, an
6 act to amend the Alcoholic Beverage Control
7 Law, in relation to authorizations.
8 THE PRESIDENT: Read the last
9 section.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the 180th day.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes, 41. Nays,
15 1. Senator Duane recorded in the negative.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 280, by Senator Farley, Senate Print 4299, an
20 act to amend the Banking Law and the General
21 Business Law, in relation to the business and
22 licensing of budget planning.
23 THE PRESIDENT: Read the last
24 section.
25 THE SECRETARY: Section 5. This
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1 act shall take effect immediately.
2 THE PRESIDENT: Call the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 42.
5 THE PRESIDENT: The bill is
6 passed.
7 THE SECRETARY: Calendar Number
8 290, by Senator Bonacic, Senate Print 4062, an
9 act to amend the Private Housing Finance Law,
10 in relation to the farmworker housing.
11 THE PRESIDENT: Read the last
12 section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes, 44.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 340, by Senator Little, Senate Print 6387A, an
22 act to amend the Tax Law, in relation to
23 authorizing the County of Hamilton.
24 THE PRESIDENT: There is a local
25 fiscal impact note at the desk.
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1 Read the last 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 SECRETARY: Ayes, 43. Nays,
7 1. Senator Valesky recorded in the negative.
8 THE PRESIDENT: The bill is
9 passed.
10 THE SECRETARY: Calendar Number
11 356, substituted earlier today by Member of
12 the Assembly Christensen, Assembly Print
13 Number 4452A, an act to amend the Executive
14 Law.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE PRESIDENT: Senator Young, to
22 explain your vote.
23 SENATOR YOUNG: Thank you, Madam
24 President, to explain my vote.
25 This bill designates November 12th
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1 as a day of commemoration for Elizabeth Cady
2 Stanton, who we know in New York State was a
3 pioneer for women's rights and actually basic
4 human rights.
5 One of her earliest memories was
6 that her brother passed away suddenly during
7 the night, and the next day she went in to
8 comfort her father, and he gathered her into
9 his arms and rocked back and forth and said:
10 "Oh, my daughter, I wish you were a boy."
11 And at that moment, she really set
12 upon a course of doing all that she could to
13 excel. She was excellent in Greek, Latin, and
14 mathematics. She obtained the finest
15 education possible at the time, at the Troy
16 Female Seminary. And when she was married to
17 her abolitionist husband, Henry Stanton, the
18 word "obey" was omitted from the ceremony at
19 her insistence.
20 On their honeymoon they journeyed
21 to London to the great World's Anti-Slavery
22 Convention in 1840, and there the women
23 delegates were not seated. And again,
24 Elizabeth Cady Stanton saw a great injustice.
25 And eventually she drafted the
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1 Seneca Falls Convention's "Declaration of
2 Sentiments," which got people together for the
3 first time for women's rights. And it was a
4 pivotal moment in New York State's history and
5 our country's history and actually the world's
6 history.
7 It was after that gathering that
8 she met her lifetime friend and partner Susan
9 B. Anthony. And they were a great team
10 together, but they also were a study in
11 contrasts. Susan B. Anthony was raised in a
12 plain Quaker upbringing; Elizabeth Cady
13 Stanton came from a privileged background.
14 Susan B. Anthony never married, so she was
15 free to travel about the country and give
16 speeches. Elizabeth Cady Stanton, married
17 with seven children, traveled when she could
18 but she mainly stayed at home in New York and
19 wrote speeches. Susan B. Anthony was a
20 strategist; Elizabeth Cady Stanton was an idea
21 person. Susan B. Anthony was reserved and
22 focused; Elizabeth Cady Stanton was joyful and
23 had diverse interests.
24 But what they stood for and what
25 they fought for really was profound.
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1 Elizabeth Cady Stanton not only fought for the
2 women's right to vote, but she also fought for
3 women's rights, because at the time women were
4 considered to be the property of either their
5 husbands or their fathers. They could be in
6 the most direst situation in a marriage, for
7 example, where there might be domestic
8 violence, sexual abuse, alcohol abuse, and
9 they had no recourse. And so Elizabeth Cady
10 Stanton worked very hard to make sure that
11 women were protected and actually gained
12 rights.
13 So it is with great pride that we
14 now designate, through this bill,
15 November 12th as Elizabeth Cady Stanton Day in
16 New York State. And it's very appropriate
17 because, as we know, November is when we hold
18 our elections. And we will forever remember
19 Elizabeth Cady Stanton's contributions to
20 New York State, and that's the way that it
21 should be.
22 Thank you very much.
23 THE PRESIDENT: Senator Duane.
24 SENATOR DUANE: Thank you, Madam
25 President.
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1 I want to commend Senator Young for
2 bringing this bill honoring Elizabeth Cady
3 Stanton to the floor today, and I strongly
4 support the bill. As we all know, Elizabeth
5 Cady Stanton was a tireless advocate for
6 women's equality, and she accomplished much in
7 her day, although some was unfortunately left
8 undone. But she is absolutely a hero and a
9 New York hero.
10 And that's why it's so sad that
11 today, in 2006, New York State still does not
12 have an "Equal Rights Amendment" in its
13 Constitution. And until we have a state ERA,
14 every woman in New York State is on unequal
15 footing with their male counterparts. And
16 that's why Assembly Member Bing and I have
17 introduced S1864, Assembly 3465, which will
18 create an ERA in the New York State
19 Constitution.
20 And I want to invite everyone to a
21 public forum I'm having this Wednesday, from
22 10:30 to 2:00 in Room 120 of the Legislative
23 Office Building, where we will hear from
24 advocates regarding the Equal Rights
25 Amendment. The testimony will come from a
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1 diverse group of women in government, labor,
2 sports and academics. And I hope that you
3 will all be able to attend.
4 Madam President, I'm voting yes.
5 THE PRESIDENT: Senator Nozzolio.
6 SENATOR NOZZOLIO: Thank you,
7 Madam President, on the bill.
8 THE PRESIDENT: You may proceed.
9 SENATOR NOZZOLIO: Madam
10 President and my colleagues, I rise in support
11 of Senator Young's legislation to establish an
12 annual day of commemoration for Elizabeth Cady
13 Stanton, a genuine American heroine, a woman
14 who spent much of her time in advocacy here in
15 New York State.
16 I commend to anyone who cares about
17 freedom, who cares about suffrage, who cares
18 about democracy in America to support this
19 resolution and to recognize the significant
20 contributions that this heroine gave to all of
21 us in a day when the Founding Fathers had
22 omitted very important designations as to who
23 should have the right to vote.
24 I share with my colleagues a
25 personal aside in that Elizabeth Cady Stanton,
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1 in conducting the very first National Women's
2 Rights Convention in the United States, held
3 that in a place in upstate New York called
4 Seneca Falls. She conducted that convention
5 in Seneca Falls, New York, and her legacy
6 lives on in that community.
7 Elizabeth Cady Stanton, the park,
8 the National Women's Rights Historical Park,
9 is named after her. She is in the National
10 Women's Hall of Fame. A school is named after
11 Cady Stanton.
12 But the point I'd like to put aside
13 is what she meant to all Americans and what
14 her sacrifices and contributions were. I'd
15 like to just illustrate a story that I told to
16 about 10,000 people upon the 150th anniversary
17 of the National Women's Rights Convention.
18 That anniversary celebration was held in
19 Seneca Falls.
20 On a side street in Seneca Falls,
21 Elizabeth Cady Stanton lived. And
22 coincidentally, when my grandmother and
23 grandfather and father came to America from
24 Italy, they moved into the house right next
25 door. Elizabeth Cady Stanton had long since
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1 gone when they moved in, but I recall that
2 historic marker that was in front of her
3 house, that type of historic marker that you
4 all see that says someone lived here or
5 something happened here. That marker at that
6 time, when I was growing up, was the only
7 designation for Elizabeth Cady Stanton in our
8 community.
9 When I saw that marker at the age
10 of 4 or 5 years old, I remember asking my
11 grandmother, who was a naturalized American
12 citizen -- she took the test, she was very
13 proud of her citizenship. She same from a
14 country where women did not have the rights
15 that American women enjoyed, in large part
16 because of Elizabeth Cady Stanton.
17 When I asked Grandma Tina, looking
18 at that historic marker, what that was all
19 about, at the age of 4 or 5, I'll never forget
20 what she said to me in her broken English.
21 She said: "Because of the lady who lived in
22 that house, I have the right to vote." A
23 right that she took seriously, that in this
24 day and age not enough Americans and
25 New Yorkers are taking seriously.
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1 Upon the occasion of Elizabeth Cady
2 Stanton's Day, let's remember how treasured
3 that right to vote was, how she dedicated her
4 life so that we could see universal suffrage
5 in this country. Thank you, Elizabeth Cady
6 Stanton.
7 Thank you, Senator Young, for
8 bringing this to the floor. Madam President,
9 it's a wonderful bill; I support it
10 wholeheartedly.
11 THE PRESIDENT: Senator Young,
12 Senator Duane, and Senator Nozzolio will all
13 be recorded as voting in the affirmative on
14 this bill.
15 The Secretary will announce the
16 results.
17 THE SECRETARY: Ayes, 53.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 394, by Senator Padavan, Senate Print 6744, an
22 act to amend the General Municipal Law and the
23 Retirement and Social Security Law.
24 THE PRESIDENT: Read the last
25 section.
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1 SENATOR DUANE: Lay it aside.
2 THE PRESIDENT: The bill is laid
3 aside.
4 THE SECRETARY: Calendar Number
5 400, by Senator Skelos, Senate Print 497, an
6 act to amend the Domestic Relations Law, in
7 relation to parents and other persons.
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, 52. Nays,
15 1. Senator Duane recorded in the negative.
16 THE PRESIDENT: The bill is
17 passed.
18 THE SECRETARY: Calendar Number
19 405, by Senator Meier, Senate Print 5195, an
20 act to amend the Family Court Act and others,
21 in relation to legal powers.
22 THE PRESIDENT: Read the last
23 section.
24 THE SECRETARY: Section 7. This
25 act shall take effect on the 90th day.
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1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes, 53.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 452, by Senator Balboni, Senate Print 1927, an
8 act to amend the Penal Law, in relation to
9 creating the crimes of solicitation or
10 recruitment.
11 SENATOR MONTGOMERY: Lay it
12 aside.
13 THE PRESIDENT: The bill is laid
14 aside.
15 THE SECRETARY: Calendar Number
16 476, by Senator Balboni, Senate Print 6331, an
17 act to amend the Public Authorities Law, in
18 relation to prohibiting.
19 ACTING PRESIDENT WINNER: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the 120th day.
23 ACTING PRESIDENT WINNER: Call
24 the roll.
25 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes, 53.
2 ACTING PRESIDENT WINNER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 478, by Senator Farley, Senate Print 1851A, an
6 act to amend the Election Law and the State
7 Finance Law, in relation to requiring.
8 ACTING PRESIDENT WINNER: Read
9 the last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 ACTING PRESIDENT WINNER: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes, 53.
16 ACTING PRESIDENT WINNER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 481, by Senator Saland, Senate Print 5021, an
20 act to amend Chapter 698 of the Laws of 1996
21 amending the Education Law.
22 ACTING PRESIDENT WINNER: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT WINNER: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes, 53.
5 ACTING PRESIDENT WINNER: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 490, by Senator Morahan, Senate Print 6424, an
9 act to amend Chapter 672 of the Laws of 1993,
10 amending the Public Authorities Law.
11 ACTING PRESIDENT WINNER: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT WINNER: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 53.
19 ACTING PRESIDENT WINNER: The
20 bill is passed.
21 Senator Skelos, that completes the
22 reading of the noncontroversial calendar.
23 SENATOR SKELOS: Thank you,
24 Mr. President. If we could go to the
25 controversial calendar at this time.
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1 ACTING PRESIDENT WINNER: The
2 Secretary will ring the bell.
3 The Secretary will read the
4 controversial reading of the calendar.
5 THE SECRETARY: Calendar Number
6 394, by Senator Padavan, Senate Print 6744, an
7 act to amend the General Municipal Law and the
8 Retirement and Social Security Law.
9 ACTING PRESIDENT WINNER: Senator
10 Duane.
11 SENATOR DUANE: Thank you,
12 Mr. President.
13 Would the sponsor yield for two
14 questions?
15 ACTING PRESIDENT WINNER: Senator
16 Padavan, will you yield?
17 SENATOR PADAVAN: Yes, I will.
18 ACTING PRESIDENT WINNER: The
19 Senator will yield.
20 SENATOR DUANE: Through you,
21 Mr. President. Does this bill, which talks
22 about surviving spouses, include domestic
23 partners?
24 SENATOR PADAVAN: Whatever the
25 definition in the current law is, relevant to
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1 surviving spouses, is what it is. This
2 doesn't change any current definitions in law.
3 SENATOR DUANE: Through you,
4 Mr. President, if the sponsor would continue
5 to yield.
6 ACTING PRESIDENT WINNER: Senator
7 Padavan, do you continue to yield?
8 SENATOR PADAVAN: Yes.
9 ACTING PRESIDENT WINNER: The
10 Senator yields.
11 SENATOR DUANE: Is there an
12 Assembly sponsor for this legislation?
13 SENATOR PADAVAN: Is there an
14 Assembly sponsor?
15 Yes, there is, but I don't have the
16 name here in front of me. I can get that
17 information for you, but I don't know right
18 now.
19 SENATOR DUANE: Thank you. Thank
20 you, Mr. President.
21 On the bill.
22 ACTING PRESIDENT WINNER: Senator
23 Duane, on the bill.
24 SENATOR DUANE: I am not a
25 hundred percent sure -- in fact, I'm not even
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1 50 percent sure if, under current law as it
2 applies to death benefits for police and fire
3 personnel, that domestic partners are
4 included.
5 And I'm going to, with the
6 permission of the sponsor, research and maybe
7 share with him that information. Because if
8 this bill is going to be reconciled with the
9 Assembly version, I would be much more
10 comfortable supporting it strongly if it
11 included domestic partners.
12 Because after the horrendous
13 bombing of the World Trade Center, we
14 discovered that, due to the flaw of the
15 legislation put forward by the then-mayor of
16 New York City, some benefits that should have
17 gone to the domestic partners of some police
18 and fire personnel who were killed that
19 terrible day were not entitled to get
20 benefits.
21 And that's something that we need
22 to rectify. The city part of the
23 responsibility has in fact been fixed, but the
24 state part still is not completely rectified.
25 So I'm hopeful that we will be able to get
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1 that completed this session.
2 Thank you, Mr. President.
3 ACTING PRESIDENT WINNER: Thank
4 you, Senator Duane.
5 Senator Padavan.
6 SENATOR PADAVAN: Yes, just to
7 fully answer Senator Duane's question.
8 The Assembly sponsor is Markey,
9 Assembly Member Markey, Assembly Bill 10334.
10 ACTING PRESIDENT WINNER: Any
11 Senator wishing to be heard?
12 Debate is closed.
13 The Secretary will ring the bell.
14 Read the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect July 1, 2006.
17 ACTING PRESIDENT WINNER: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT WINNER:
21 Announce the results.
22 THE SECRETARY: Ayes, 55.
23 Those Senators absent from voting:
24 Senators Hannon, Meier, Oppenheimer, and
25 Stavisky.
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1 ACTING PRESIDENT WINNER: The
2 bill is passed.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 452, by Senator Balboni, Senate Print 1927, an
6 act to amend the Penal Law.
7 SENATOR MONTGOMERY: Explanation.
8 ACTING PRESIDENT WINNER: Senator
9 Balboni, an explanation has been asked for.
10 SENATOR BALBONI: Thank you, Mr.
11 President.
12 This bill addresses the issue of
13 gang violence. According to a recent U.S.
14 Department of Justice survey, there are
15 750,000 gang members in the United States and
16 over 28,000 different gangs. In recent years,
17 there has been a spate of recent gang activity
18 in United States. Gangs like the Bloods, the
19 Crips, MS-13, they are becoming national in
20 stature.
21 In the county that I represent,
22 Nassau County, we have a number of gangs.
23 We've seen the number of gang members go up
24 from a handful in the early '90s to near 3,000
25 today. But gangs are not just a downstate
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1 problem. Recent Times Union reports from the
2 city of Albany indicate that gangs are a
3 serious issue in this city. Likewise, in
4 Buffalo and around this state.
5 And they're getting younger, ladies
6 and gentlemen. Gang recruitment is targeting
7 children. Consider these recent episodes.
8 In May of 2005, an 8-year-old boy
9 in Brooklyn was attacked and slammed to the
10 pavement by classmates outside Public School
11 289 in Crown Heights and was ordered to choose
12 between the Bloods and Crips.
13 In April of 2005, a 14-year-old
14 New York City student was stabbed with an ice
15 pick in a gang-related melee.
16 On March 11th, teenagers were
17 suspended for gang-related brawls at a Niagara
18 Falls High School.
19 And it's not just assault, it's all
20 sorts of crime. And many of the crimes that
21 target children begin with an initiation
22 project, that the person who has been
23 solicited to join the gang and then accepts
24 must show their fealty to the gang by
25 committing a violent act. We've had this in
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1 Nassau County. Slashings in malls,
2 particularly by female gang members, are the
3 most common practice to literally draw blood.
4 This bill creates two new sections
5 of the Criminal Procedure Law --
6 ACTING PRESIDENT WINNER: Excuse
7 me, Senator Balboni.
8 Could we have some order, please.
9 SENATOR BALBONI: Thank you,
10 Mr. President.
11 I misspoke. It is not the Criminal
12 Procedure Law, it is the Penal Law we are
13 amending today. And this would create a new
14 section for the solicitation and recruitment
15 of gang members to become a part of a criminal
16 street gang, and creates an E felony for that
17 act. And it also creates another section of
18 the law to make it a D felony to go and
19 solicit minors in order to join a criminal
20 street gang felony.
21 My colleagues, this has become an
22 epidemic nationwide, but particularly here in
23 New York State. And these types of issues and
24 bills are difficult to craft because of the
25 constitutional protection of the right of free
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1 association. But that should not limit us in
2 our attempt to try to bring justice for the
3 victims of criminal street gang solicitation.
4 If any of you have been the subject
5 of a bully when you were growing up in school,
6 you know the fear when someone says "You
7 better do this." Now imagine it is someone
8 who's a part of a gang that you know has
9 access to weapons and has violent tactics.
10 Mr. President, I offer the bill for
11 this house's consideration.
12 ACTING PRESIDENT WINNER: Thank
13 you, Senator Balboni.
14 Senator Montgomery.
15 SENATOR MONTGOMERY: Yes, Mr.
16 President, briefly on the bill.
17 I want to thank Senator Balboni for
18 his explanation. And certainly one of the
19 incidents in particular that you mention was
20 in my district formerly. I'm very familiar
21 with that school, and we've had sessions there
22 with the police department on gangs. And so I
23 really do identify with the fact that we have
24 this level of violence, and it's very
25 unfortunate.
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1 I just want to caution, however,
2 that I'm not sure that there is a direct
3 relationship between the incidents that you
4 listed and you iterated and this legislation.
5 Because the way that I read this, this is
6 specifically legislation which seeks to deal
7 with recruitment of minors into gangs. And
8 certainly I agree that we need to figure out
9 how to break that part of the cycle, the
10 recruitment process.
11 However, what we've done in this
12 bill, what this bill will do is simply add
13 some jail time based on this new gang activity
14 process. It does not speak to how we actually
15 break that cycle. It just says if you recruit
16 someone, you will get a longer sentence. And
17 the reason that I'm so troubled by this
18 approach --
19 ACTING PRESIDENT WINNER: Senator
20 Balboni, why do you rise?
21 SENATOR BALBONI: Mr. President,
22 I was wondering if Senator Montgomery would
23 yield for one question, please.
24 ACTING PRESIDENT WINNER: Senator
25 Montgomery, do you yield?
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1 SENATOR MONTGOMERY: Yes, I do.
2 But let me just finish my thought, if you
3 will.
4 ACTING PRESIDENT WINNER: The
5 Senator will yield in a moment, Senator
6 Balboni.
7 SENATOR MONTGOMERY: I will yield
8 in a moment.
9 ACTING PRESIDENT WINNER: Thank
10 you, Senator.
11 SENATOR MONTGOMERY: The thing
12 that troubles me about this process is that we
13 now see already, from the kinds of incidents
14 that Senator Balboni has talked about -- which
15 I agree are violent crimes and we need to deal
16 with them -- we already see a rising number of
17 young people who are being incarcerated for
18 quite long sentences.
19 So that's already happening. We've
20 sort of moved in that direction. But what
21 this does is just adds on additional jail
22 time.
23 Now, if we can talk about, Mr.
24 President, if we can talk, Senator Balboni and
25 myself and others of us in this chamber, about
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1 breaking the cycle, especially at the level of
2 when a young person decides or is recruited
3 into the gang, then I think it merits a lot of
4 attention on behalf of all of us.
5 I yield for Senator Balboni's
6 question.
7 ACTING PRESIDENT WINNER: Senator
8 Balboni, Senator Montgomery yields.
9 SENATOR BALBONI: Yes, Senator.
10 Mr. President, through you, would the Senator,
11 just for clarification purposes, just tell me
12 where the sentence would be added on. Because
13 as you can see from the bill itself, we are
14 creating two new crimes but these do not
15 currently exist.
16 And so therefore I just was
17 wondering if you could just let me know of
18 your reference to additional time. Added onto
19 what?
20 SENATOR MONTGOMERY: My
21 interpretation of this legislation, it is part
22 of -- it amends the Penal Law. And it says
23 yes, we have two new crimes related to gang
24 activity, and these new crimes are going to be
25 part of any sentence that deals with gang
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1 activity.
2 So if you have a violent act and
3 you are charged with a felony, felony A, and
4 that requires X number of years, and in
5 addition to that we have a new charge that can
6 be tacked onto that for an E or D, or D or E,
7 then that increases the length of time of the
8 sentence.
9 That's how the Penal Law works.
10 Ask any young person who's ever been to court,
11 they'll tell you. Ask any judge how it works.
12 So they look at the record and, depending on
13 the record or depending on the number of
14 charges, your sentence is long or short,
15 period, based on the maximum possibility for
16 that judge to give you in prison. And this
17 adds up to 7 years to that.
18 ACTING PRESIDENT WINNER: Senator
19 Balboni.
20 SENATOR BALBONI: I'll speak
21 after the Senator.
22 Thank you very much, Senator.
23 SENATOR MONTGOMERY: So,
24 Mr. President, I'm very, very reluctant to
25 support this. I'd like to hear some more from
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1 Senator Balboni, but this really troubles me.
2 Because this is how we approach every single
3 issue, especially related to young people.
4 But we are not willing, on the other hand, to
5 invest in providing the types of support
6 systems so that young people who are bound to
7 get into trouble have an opportunity, based on
8 our willingness to support them, to get a
9 second chance ever in life.
10 So that concerns me. And I don't
11 think that I can support this legislation.
12 Thank you, Mr. President.
13 ACTING PRESIDENT WINNER: Thank
14 you, Senator Montgomery.
15 Senator Volker.
16 SENATOR VOLKER: Mr. President,
17 I've been involved in these debates for some
18 time. And whenever I hear that young people
19 are telling somebody that people are going to
20 jail, I have to kind of laugh.
21 It's very hard to go to jail for
22 gang activity in New York City. Very hard.
23 It's hard to find anybody that goes to jail.
24 In fact, that's part of the problem. Judges
25 have tended to look at young people -- and
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1 young people meaning not up to 18, but even up
2 to 21 -- as kind of disjointed and so forth.
3 And as a result, the amount of
4 people -- as someone just said to me some
5 years ago, it's hard to go to jail on a drug
6 charge in New York City. You know, we tell
7 about all these people that go to jail that we
8 look at their records and usually they've been
9 arrested about 20 or 30 times before they ever
10 go to jail. It's no secret, particularly in
11 the city.
12 As far as gangs are concerned,
13 very, very few people ever go to jail as far
14 as gangs are concerned. But Senator Balboni
15 is talking about here not necessarily gang
16 violence, he's talking more about gang
17 recruitment.
18 These are the hard-core people who
19 try to lure in young people and claim to them
20 that society is so terrible -- many times
21 these are not necessarily poor kids, by the
22 way. Maybe they have a few bucks. Or maybe
23 they sell drugs, which gives them a few bucks.
24 The problem we have is if we sit
25 back and say, Let's wait until we can give
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1 them some sort of support -- of course, we
2 spend millions and millions and millions of
3 dollars in trying to do support. Often, it's
4 true, maybe the help doesn't get to them. But
5 the trouble is we sat here in the Legislature
6 and at home -- and I say at home, in
7 Buffalo -- and all kinds of places and
8 basically said: Well, we shouldn't sentence
9 these people to long sentences because they're
10 poor kids and they have problems and so forth.
11 What happened was a rash of drugs.
12 What happened was our neighborhoods got torn
13 apart by violence. And then we said enough is
14 enough. In this state, this Senate and the
15 Assembly and the Governor got together and we
16 said: We must take a stand.
17 Years ago I remember, when
18 everybody was telling me about the drug laws
19 were so terrible and all that sort of stuff,
20 75 percent of the people in prison were
21 nonviolent, 25 percent were violent. That is
22 all turned around entirely now. Approximately
23 75 percent of the people in our prison system
24 are violent, 25 percent are nonviolent.
25 In addition to that, we have the
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1 shock incarceration program, which most people
2 believe is the best -- it's mostly drugs.
3 It's supposed to be nonviolent; it's less
4 violent. Because there's very few people that
5 go to jail that don't have some violence in
6 their background. We've sifted through
7 literally thousands of people, thousands of
8 young people, and most of them are doing
9 pretty well. But the problem is we still have
10 this reluctance to deal with these poor young
11 people.
12 Now, the vast majority of poor
13 young people do well. They don't get into
14 trouble. But there's a certain number of them
15 that are lured in, particularly by people who
16 are ready to get them out on the streets and
17 say, Look, we're giving you an opportunity to
18 get in with this group and you can make a lot
19 of money and you can do all kinds of things.
20 If we sit back and we don't do anything with
21 them, what unfortunately is going to happen,
22 more of those young people are going to get
23 sucked into this, and then they're going to
24 end up in jail.
25 My humble opinion, very few judges
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1 in New York City are going to send anybody to
2 jail under his statute. But I will tell you
3 this. The ones they send are going to be good
4 people to go to jail, because they're going to
5 be the real hard-core people. And I don't see
6 anything wrong with that.
7 And when I say New York City, I'm
8 also talking about Long Island. I don't
9 mean -- but I mean the city is probably the
10 biggest problem. You know, you've got more
11 people. Quite obviously, it's a tough
12 problem. We have a problem in Buffalo. It's
13 a big problem.
14 What's happening in Buffalo is that
15 people just don't realize, we got way too few
16 cops now. We just had the sheriff's
17 department that lost nine people that used to
18 do undercover work in Buffalo. Suddenly we
19 got drug problems, we got killing problems,
20 and we've got -- my gosh, we're surprised,
21 we've got gang problems. We haven't had that
22 in years.
23 We need this kind of legislation.
24 We also need what you said. We need more
25 help, that's true. But let's start out by
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1 getting rid of those people off the street who
2 are doing the recruiting, because they're the
3 ones that are going to scar these kids and
4 force them to end up in jail someday.
5 ACTING PRESIDENT WINNER: Thank
6 you, Senator Volker.
7 Senator Schneiderman.
8 SENATOR SCHNEIDERMAN: If the
9 sponsor would yield for a question.
10 ACTING PRESIDENT WINNER: Senator
11 Balboni, do you yield?
12 SENATOR BALBONI: Yes, I do,
13 Mr. President.
14 ACTING PRESIDENT WINNER: Thank
15 you.
16 SENATOR SCHNEIDERMAN: I think
17 that the -- hopefully our objective here today
18 is to try and come up with legislation that
19 can actually deal with a very serious
20 situation. I mean, the victims of gang
21 violence more often than not are people who
22 are represented by Senator Montgomery and
23 others. So that I hope there is no effort to
24 suggest that we're not serious, that everyone
25 in this chamber is not serious about trying to
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1 address the problem.
2 These are just hard bills to write.
3 This is just hard drafting. Because you can
4 end up unintentionally, you know, causing
5 effects and roping people in who aren't
6 necessarily the people you want to get. No
7 one wants disagrees with Senator Volker that
8 the hard-core gang people are the ones you
9 want to get, and it's hard to get them
10 sometimes.
11 My question, Senator Balboni, on
12 page 2 of the legislation, lines 7 through 11,
13 this is a bill that prohibits -- that
14 criminalizes solicitation, just inviting
15 someone or intending to invite someone to join
16 an organization. And where you define
17 organizations, the definition of criminal
18 street gang, this is a new definition, is it
19 not? This is not something that exists
20 elsewhere in the law at this time; is that
21 correct?
22 SENATOR BALBONI: Mr. President,
23 through you. Yes, that's correct.
24 SENATOR SCHNEIDERMAN: And my
25 concern is this. Is there any requirement --
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1 and if so, please point it out -- that the
2 person who is doing the recruiting actually is
3 a part of the agreement to commit crimes?
4 Because the way I read this, this
5 defines the organization and says the
6 organization is three or more individuals who
7 agree to act in concert with a purpose, not
8 the only purpose, but a purpose being that any
9 of these persons alone or in combination will
10 commit crimes.
11 So the way this is drafted, it
12 appears to me that as long as several people
13 in this organization agree that one of them
14 will commit crimes, there's no requirement
15 that everyone else involved in the
16 organization even know that that's true.
17 Could you point out, if I'm
18 incorrect, where there's the requirement that
19 the person who is being prosecuted under this
20 section actually be someone with knowledge
21 that people are in this organization to commit
22 crimes?
23 SENATOR BALBONI: Mr. President,
24 through you. First off, let me thank the
25 gentleman for his question.
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1 And in responding to him, I just
2 want to point out to Senator Montgomery that
3 this bill, this approach is based upon some of
4 the conversations that you and I have had in
5 the past and does, in fact, create a simple
6 stand-alone crime of solicitation. In other
7 words, so it can't be added onto anything else
8 necessarily, it must be only as to recruitment
9 as a crime in and of itself.
10 As to Senator Schneiderman's
11 concern, as you know, the drafting of what
12 constitutes a criminal gang is in fact the
13 most difficult aspect of this type of
14 legislation. But if you read the front
15 section of the bill that talks about what is
16 the actual act -- that is, solicitation of an
17 individual to join a street gang and get that
18 individual to commit a crime -- that is what
19 is going to be presented to the jury.
20 Here is the difficulty with this
21 drafting. If you say that each and every
22 member of the gang, in order to constitute a
23 criminal street gang, must have the requisite
24 intent to commit a crime simultaneously, then
25 you will absolutely no prosecutions in the
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1 State of New York whatsoever.
2 Instead what we have here is a
3 framework that could be presented to a jury
4 for them to consider whether or not, as under
5 all criminal law, you have to have the
6 requisite intent to commit the crime. If you
7 do not find that, you cannot be proven guilty.
8 So this statute would be utilized
9 in such a way that you would have the
10 individual who made the solicitation, you'd
11 have to have evidence of that. Then you would
12 have -- the other form of intent you'd have to
13 prove is that that person intended to solicit
14 someone to join the street gang and commit a
15 crime. And then other individuals in that
16 gang are in fact going -- have or are going to
17 commit a crime. Those are all the elements of
18 the proof that must be presented to a jury.
19 And that's for the jury to deliberate and
20 truly is a question of fact.
21 I think what we are doing is we are
22 saved -- at least this is my intent as the
23 sponsor -- we are saved by the intent
24 requirement under criminal law in general to
25 make sure that people cannot go to jail for
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1 crimes that they never intended to commit.
2 SENATOR SCHNEIDERMAN: Thank the
3 sponsor for his answer.
4 I do think that there are great
5 difficulties -- this is something that has
6 been addressed, that people are attempting to
7 address. Gang membership is serious. Senator
8 Sabini, Senator Parker, Senator Sampson and
9 others in our conference have raised this.
10 Senator Montgomery has been actively involved,
11 as Senator Balboni noted.
12 I do think that there are
13 tremendous problems in drafting a statute like
14 this. I would like to take the sponsor's
15 optimistic belief of this and be supportive of
16 the legislation, because I do think that it's
17 very difficult. I think it's extremely hard
18 to define membership in an organization where
19 there's no requirement that everyone in the
20 organization even know that it's a criminal
21 operation.
22 So I would urge you to consider
23 Senator Montgomery's concerns and objections
24 as we move forward in this area. We want to
25 address the real problems. We do want to make
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1 it easier to put an end to the reign of terror
2 of many gangs in our communities.
3 I would, however, urge the sponsor
4 that I do think a little more work is required
5 in the section that defines "criminal street
6 gang" to make sure that this is not
7 something -- look, there are a lot of good
8 prosecutors out there; Senator Volker and
9 others of us who have worked in this system
10 for a long time. But you also open yourself
11 up to irresponsible conduct, should it ever
12 take place, that can be -- that sometimes does
13 take place in this area.
14 I would urge the sponsor to revisit
15 this. I think we will have time to, to take
16 into account the issues that I raised relating
17 to the definition of criminal street gang.
18 With that, I am going to try and be supportive
19 of the effort as we go forward. And I hope
20 that we will have further room for bipartisan
21 cooperation and discussion on this issue.
22 Thank you.
23 ACTING PRESIDENT WINNER: Senator
24 Ada Smith.
25 SENATOR ADA SMITH: Thank you,
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1 Mr. President. On the bill.
2 I will be voting in favor of this
3 legislation. But I'm greatly concerned --
4 even though I understand how hard it is to
5 craft this type of legislation, I'm concerned
6 that we are creating new offenses with the
7 possibility of increasing sentences.
8 And I challenge my good friend
9 Senator Balboni, in this time of budgetary
10 concerns, to please remember that we must do
11 something so as not to make it attractive for
12 these young people to join a gang.
13 While we're creating legislation,
14 we also have to do something on the other
15 side. And we must not cut summer jobs
16 programs, we must not cut youth programs, we
17 must do everything to give them an opportunity
18 not to be a part of a gang.
19 Thank you.
20 ACTING PRESIDENT WINNER: Thank
21 you, Senator Smith.
22 Any other Senators wishing to be
23 heard?
24 Debate is closed. The Secretary
25 will ring the bell.
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1 Read the last section.
2 THE SECRETARY: Section 4. This
3 act shall take effect on the first of
4 November.
5 ACTING PRESIDENT WINNER: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT WINNER: Senator
9 Sabini, to explain his vote.
10 SENATOR SABINI: Thank you, Mr.
11 President.
12 I just want to mention a couple of
13 things regarding this legislation. I'm going
14 to be voting in favor of it. I agree with
15 Senator Montgomery that we cannot only do
16 penalties, but also we have to ensure that we
17 offer our young people alternatives. But I
18 want to commend Senator Balboni. This is an
19 epidemic problem.
20 His point about the gang members
21 being younger and younger is true, but they're
22 also older and older. We are getting gangs in
23 from other countries, as he mentioned. Many
24 of those people are coming in as adults, as
25 recruiters. They're coming in to avenge
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1 actions that take place in the other country.
2 So that we have spillover violence in our
3 neighborhoods sometimes caused by incidents a
4 continent away.
5 So I want to commend Senator
6 Balboni and say we need more, we need more
7 prevention, but we also need more tools to
8 allow the police to track and apprehend gang
9 members and to stop their activities. This is
10 a good first step. I supported it the last
11 time it was up; I'll support it again and hope
12 it gets passed through the Assembly.
13 But I urge my colleagues to look at
14 a whole stack of legislation that I've
15 introduced, and Senator Sampson has a bill as
16 well on gangs. And I've introduced companion
17 bills with Assemblyman Peralta in the
18 Assembly, and hope we can move forward to
19 eradicate this growing cancer in our
20 neighborhoods.
21 Thank you. I vote yes.
22 ACTING PRESIDENT WINNER: Senator
23 Sabini will be recorded in the affirmative.
24 Senator Montgomery, to explain her
25 vote.
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1 SENATOR MONTGOMERY: Yes,
2 Mr. President, to explain my vote.
3 One man's cure is another man's
4 poison. We all understand that. And very
5 often I see the poison pill in some
6 legislation that really is intended to do a
7 good thing. And I think this is one of those
8 instances.
9 But I have never been in the
10 presence of a group of young people in my
11 district, especially young males, where they
12 have not said how many times they were
13 accosted in the subway by police. They get
14 picked up if they don't have an ID, they get
15 picked up if they have a desk warrant for
16 something that they've done.
17 And so there's tremendous pressure
18 on young people in my district. I know that's
19 not the case in all parts of the state, but
20 certainly where I represent. And each time we
21 do a penal law such as this, you can rest
22 assured that there are going to be some people
23 in my district who are going to be
24 specifically targeted and susceptible to this
25 law.
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1 And so since that's always a
2 problem, and I feel like I have an obligation
3 to represent the young people in my district
4 specifically, I am going to vote no on this
5 legislation because we have so many other
6 different pieces of legislation with the same
7 intent of this, to solve a problem.
8 But I can tell you -- and I invite
9 you to come to my district, and I can
10 introduce you to police officers who I have a
11 very lot of contact with, and ministers in my
12 district who spend days and hours in court
13 trying defend young people. I will have you
14 meet them, Mr. President, and they can tell
15 you what the pressure is in terms of the
16 criminal justice on young people in my
17 district.
18 So I'm going to vote no on this
19 because I'm representing my young people.
20 Thank you.
21 ACTING PRESIDENT WINNER: Thank
22 you, Senator Montgomery. You will be recorded
23 in the negative.
24 The Secretary will announce the
25 results.
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1 THE SECRETARY: Those recorded in
2 the negative on Calendar Number 452: Senator
3 Montgomery.
4 Those Senators absent from voting:
5 Senators Meier and Oppenheimer.
6 Those Senators absent pursuant to
7 Rule 9: Senator Stavisky.
8 Ayes, 55. Nays, 1.
9 ACTING PRESIDENT WINNER: The
10 bill is passed.
11 Senator Hannon.
12 SENATOR HANNON: Yes, Mr.
13 President. A few minutes ago I was outside
14 the chamber in a budget meeting when Calendar
15 Number 394, S6744, passed. Had I been
16 present, I would have been in favor of that
17 measure.
18 ACTING PRESIDENT WINNER: The
19 record will so reflect. Thank you, Senator
20 Hannon.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 is there any further business at the desk?
24 ACTING PRESIDENT WINNER: Yes,
25 Senator Skelos, Senator Fuschillo has a
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1 motion.
2 Senator Fuschillo.
3 SENATOR FUSCHILLO: On behalf of
4 Senator Volker, I move that the following bill
5 be discharged from its respective committee
6 and be recommitted with instructions to strike
7 the enacting clause: Senate Print Number
8 2843.
9 ACTING PRESIDENT WINNER: So
10 ordered.
11 Senator Schneiderman.
12 SENATOR SCHNEIDERMAN: Thank you,
13 Mr. President.
14 On behalf of Senator Oppenheimer, I
15 would move that the following bill be
16 discharged from its committee and be
17 recommitted with instructions to strike the
18 enacting clause: Senate Bill Number 3781.
19 ACTING PRESIDENT WINNER: So
20 ordered.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 would you please recognize Senator Klein.
24 ACTING PRESIDENT WINNER: Senator
25 Klein.
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1 SENATOR KLEIN: Mr. President, I
2 have a motion at the desk. And I would like
3 to have it called up at this time and have the
4 opportunity to speak on said motion.
5 ACTING PRESIDENT WINNER: The
6 Secretary will read.
7 THE SECRETARY: Senate Print
8 2697A, by Senator Klein, an act to amend the
9 Social Services Law.
10 SENATOR KLEIN: This motion,
11 Mr. President, would create a system in
12 New York State of mandated reporting of
13 financial exploitation of the elderly.
14 All of us here certainly have a
15 vested interest in making sure that our senior
16 citizens are able to live out their golden
17 years in comfort and dignity. Unfortunately,
18 year after year, one of the growing crimes in
19 New York State and really around the country
20 is financial exploitation of the elderly. The
21 recent nationwide estimates show that 1 in 25
22 cases of financial exploitation is reported,
23 which translates to at least 5 million
24 financial abuse victims each year. And those
25 are actually the reported cases.
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1 When we look a little further,
2 New York State has the dubious distinction of
3 being one of only six states that have no
4 mandatory requirements for reporting either
5 physical abuse against the elderly or
6 financial abuse.
7 My legislation is rather simple.
8 It would require certain persons in their
9 official capacity to report the suspected
10 financial exploitation of persons 62 years of
11 age or older. It would run the gamut of
12 people in the medical industry -- doctors,
13 nurses -- and would even require people at
14 banking institutions to have mandatory
15 reporting requirements of financial
16 exploitation of the elderly.
17 I think the time is now to pass
18 this legislation. I know Senator Golden has
19 legislation, which I voted for and I know
20 passed this house several years in a row,
21 which would create the crime of financially
22 exploiting the elderly. I think my motion
23 takes it one step further and requires
24 mandatory reporting.
25 I urge my colleagues to vote yes
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1 on this motion.
2 ACTING PRESIDENT WINNER: All
3 those Senators in favor of the petition out of
4 committee please signify by raising their
5 hands.
6 THE SECRETARY: Those recorded in
7 agreement are Senators Andrews, Breslin,
8 Coppola, Diaz, Dilan, Duane, Gonzalez, Klein,
9 L. Krueger, C. Kruger, Montgomery, Onorato,
10 Parker, Paterson, Sabini, Sampson, Savino,
11 Schneiderman, Serrano, A. Smith, M. Smith, and
12 Stachowski.
13 ACTING PRESIDENT WINNER: The
14 petition is not agreed to.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 there being no further business to come before
18 the Senate, I move we stand adjourned until
19 Tuesday, March 21st, at 3:00 p.m.
20 ACTING PRESIDENT WINNER: On
21 motion, the Senate stands adjourned until
22 Tuesday, March 21, at 3:00 p.m.
23 (Whereupon, at 4:10 p.m., the
24 Senate adjourned.)
25
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