Regular Session - March 22, 2012
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1 NEW YORK STATE SENATE
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4 THE STENOGRAPHIC RECORD
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9 ALBANY, NEW YORK
10 March 22, 2012
11 11:18 a.m.
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14 REGULAR SESSION
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18 SENATOR CARL L. MARCELLINO, Acting President
19 FRANCIS W. PATIENCE, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MARCELLINO:
3 The Senate will come to order.
4 I ask all present to rise and
5 join with me in the Pledge of Allegiance to
6 our Flag.
7 (Whereupon, the assemblage
8 recited the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT MARCELLINO: In
10 the absence of clergy, may we bow our heads
11 for a moment of silence.
12 (Whereupon, the assemblage
13 respected a moment of silence.)
14 ACTING PRESIDENT MARCELLINO:
15 The reading of the Journal.
16 THE SECRETARY: In Senate,
17 Wednesday, March 21st, the Senate met pursuant
18 to adjournment. The Journal of Tuesday,
19 March 20th, was read and approved. On motion,
20 Senate adjourned.
21 ACTING PRESIDENT MARCELLINO:
22 Without objection, the Journal stands approved
23 as 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 Libous.
8 SENATOR LIBOUS: That was pretty
9 quick, Mr. President.
10 At this time could we go to the
11 reading of the noncontroversial calendar.
12 ACTING PRESIDENT MARCELLINO:
13 The Secretary will read the noncontroversial
14 reading of the calendar.
15 SENATOR LIBOUS: Mr. President,
16 there's a lot of noise in the chamber.
17 ACTING PRESIDENT MARCELLINO: If
18 we could take conversations out into the
19 hallway, please, out into the lobby.
20 The Secretary will read.
21 THE SECRETARY: Calendar Number
22 100, by Senator Seward, Senate Print 1685, an
23 act to amend the Penal Law.
24 ACTING PRESIDENT MARCELLINO:
25 Read the last section.
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1 THE SECRETARY: Section 3. This
2 act shall take effect on the first of
3 November.
4 ACTING PRESIDENT MARCELLINO:
5 Call the roll.
6 (The Secretary called the roll.)
7 ACTING PRESIDENT MARCELLINO:
8 Senator Seward.
9 SENATOR SEWARD: Yes, thank you,
10 Mr. President, just briefly to explain my
11 vote.
12 This legislation before us
13 creates the new crime of staging a motor
14 vehicle accident, which would be punishable as
15 a felony offense.
16 This is the first bill of several
17 on our agenda today that deals with the
18 problem of combating insurance fraud and also
19 at the same time promoting highway safety.
20 Now, staging an accident is
21 defined under this bill as intentionally
22 causing a collision for the purpose --
23 ACTING PRESIDENT MARCELLINO:
24 Excuse me, Senator. I apologize.
25 Ladies and gentlemen, can we
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1 please take the conversations out of the
2 chambers. Thank you.
3 SENATOR SEWARD: The bill before
4 us defines staging an accident as intentionally
5 causing a collision for the purpose of committing
6 insurance fraud by inappropriately and illegally
7 collecting no-fault benefits.
8 You know, when an accident is
9 staged, it risks the participants' own safety,
10 their victim's safety as well as the entire
11 public.
12 And this bill is referred to as
13 Alice's Law. And it's named after a 71-year-old
14 grandmother, Alice Ross, from Queens, who was
15 killed as a result of a staged accident. In
16 fact, today is the ninth anniversary of that
17 accident and the death of Alice Ross.
18 Here was a grandmother, a woman
19 driving down the street minding her own business,
20 on her way to her daughter's house, intentionally
21 struck from behind by a vehicle carrying three
22 men out searching for an unsuspecting victim.
23 The impact forced Mrs. Ross off the highway into
24 a tree and of course caused her death.
25 And after the accident, we had
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1 these three perpetrators taken to one of these
2 so-called medical centers where they feigned an
3 assortment of injuries and illegally collected
4 benefits. Luckily, they were ultimately
5 prosecuted.
6 But this bill, by putting in the
7 law the specific offense, will help our efforts
8 to fight fraud and reduce insurance premiums and
9 also make our highways safer.
10 Mr. President, I vote aye.
11 ACTING PRESIDENT MARCELLINO:
12 Thank you, Senator Seward. You will be recorded
13 in the affirmative.
14 Announce the results, please.
15 THE SECRETARY: Ayes, 54. Nays,
16 1. Senator Duane recorded in the negative.
17 ACTING PRESIDENT MARCELLINO: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 111, by Senator Addabbo, Senate Print 1271A, an
21 act to amend the Vehicle and Traffic Law.
22 ACTING PRESIDENT MARCELLINO: Read
23 the last section, please.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
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1 ACTING PRESIDENT MARCELLINO: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT MARCELLINO:
5 Senator Addabbo to explain his vote.
6 SENATOR ADDABBO: Thank you,
7 Mr. President.
8 This bill is meant to send a clear
9 message to those who even think about driving
10 without a license or with a revoked license, and
11 that is to stop and face the consequences, which
12 could be an increased amount of fines monetarily
13 or even up to four years in jail.
14 Unfortunately, we have all seen and
15 heard of accidents and incidents that have
16 included fatalities caused by somebody driving
17 without a proper license. Locally, many of my
18 constituents have complained about this issue in
19 our local streets.
20 So in an effort to make the streets
21 safer, and the reason why I introduced this bill
22 based on constituent complaints, again, we are
23 looking to increase the penalties here and
24 increase the amount of jail time.
25 I want to thank staff for their
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1 help on this bill, and I will be voting yes on
2 the bill.
3 Thank you, Mr. President.
4 ACTING PRESIDENT MARCELLINO: You
5 will be recorded in the affirmative, Senator.
6 Announce the results, please.
7 THE SECRETARY: Ayes, 55.
8 ACTING PRESIDENT MARCELLINO: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 155, by Senator Klein, Senate Print 1042, an act
12 to amend the Penal Law.
13 ACTING PRESIDENT MARCELLINO: Read
14 the last section, please.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 90th day.
17 ACTING PRESIDENT MARCELLINO: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT MARCELLINO:
21 Senator Klein to explain his vote.
22 SENATOR KLEIN: Thank you,
23 Mr. President.
24 Unfortunately, in communities
25 around the state the crime of car theft is a
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1 still a growing problem. This legislation would
2 expand the list of predicate crimes for the
3 charge of unauthorized use of a motor vehicle in
4 the second degree by including crimes like grand
5 larceny, motor vehicle criminal possession.
6 Right now someone cannot be
7 convicted of unauthorized use of a motor vehicle
8 in the second degree if they commit those other
9 crimes within a 10-year period. Clearly these
10 crimes are just as serious as the original
11 crime.
12 So I think this legislation is
13 going to go a long way towards being able to
14 enhance the penalties by including these other
15 crimes.
16 I vote yes, Mr. President.
17 ACTING PRESIDENT MARCELLINO:
18 Thank you, Senator. You will be accounted for in
19 the affirmative.
20 Please announce the results.
21 THE SECRETARY: In relation to
22 Calendar Number 155, those recorded in the
23 negative are Senators Hassell-Thompson,
24 Montgomery and Perkins.
25 Ayes, 52. Nays, 3.
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1 ACTING PRESIDENT MARCELLINO: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 235, by Senator Fuschillo, Senate Print 594, an
5 act to amend the Public Health Law.
6 ACTING PRESIDENT MARCELLINO: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MARCELLINO: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT MARCELLINO:
14 Announce the results.
15 THE SECRETARY: In relation to
16 Calendar Number 235, those recorded in the
17 negative are Senators Avella, Duane, Gianaris,
18 Krueger, Montgomery, Peralta, Perkins, Rivera,
19 Sampson, Squadron and Stavisky.
20 Ayes, 55. Nays, 11.
21 ACTING PRESIDENT MARCELLINO: That
22 can't be right.
23 THE SECRETARY: Ayes, 44. Nays,
24 11.
25 ACTING PRESIDENT MARCELLINO: I
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1 know we're going to increase the size of the
2 house, but we haven't done it yet.
3 (Laughter.)
4 ACTING PRESIDENT MARCELLINO: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 280, by Senator Seward, Senate Print 4040A, an
8 act to amend the Insurance Law.
9 ACTING PRESIDENT MARCELLINO: Read
10 the last section, please.
11 THE SECRETARY: Section 3. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MARCELLINO:
17 Announce the results.
18 THE SECRETARY: Ayes, 55.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 339, by Senator Skelos, Senate Print 1543, an act
23 to amend the Penal Law.
24 ACTING PRESIDENT MARCELLINO: Read
25 the last section, please.
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1 THE SECRETARY: Section 4. This
2 act shall take effect on the first of November.
3 ACTING PRESIDENT MARCELLINO: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT MARCELLINO:
7 Announce the results.
8 THE SECRETARY: Ayes, 55.
9 ACTING PRESIDENT MARCELLINO: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 372, by Senator Golden, Senate Print 4507B, an
13 act to amend the Insurance Law.
14 ACTING PRESIDENT MARCELLINO: Read
15 the last section, please.
16 THE SECRETARY: Section 8. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MARCELLINO: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT MARCELLINO:
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar Number 372, those recorded in the
25 negative are Senators Duane, Hassell-Thompson and
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1 Perkins.
2 Ayes, 53. Nays, 3.
3 ACTING PRESIDENT MARCELLINO: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 440, by Senator Skelos, Senate Print 2004, an act
7 to amend the Penal Law.
8 ACTING PRESIDENT MARCELLINO: Read
9 the last section, please.
10 THE SECRETARY: Section 3. This
11 act shall take effect on the first of November.
12 ACTING PRESIDENT MARCELLINO: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT MARCELLINO:
16 Announce the results.
17 THE SECRETARY: Ayes, 55. Nays,
18 1. Senator Duane in the negative.
19 ACTING PRESIDENT MARCELLINO: The
20 bill is passed.
21 Senator Libous, that completes the
22 noncontroversial reading of the calendar.
23 SENATOR LIBOUS: Thank you,
24 Mr. President.
25 I have some announcements.
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1 First off, is there any further
2 business at the desk?
3 ACTING PRESIDENT MARCELLINO: No,
4 the desk is clean, sir.
5 SENATOR LIBOUS: Thank you.
6 Let me announce to the members that
7 at noon today what we call Cycle A, Public
8 Protection, Criminal Justice and Judiciary, will
9 meet in Hearing Room A. Those are Senators
10 Saland, Little, Nozzolio, Ball and Golden as the
11 alternate; Senators Ruth Hassell-Thompson and
12 Mike Gianaris as the alternate.
13 At that same time, noon, in Hearing
14 Room B, Environment, Agriculture and Housing:
15 Senators Maziarz, Young, Grisanti, Ritchie, and
16 Bonacic as the alternate; Senators Parker and
17 Espaillat as the alternate.
18 Higher Education, Hearing Room C at
19 noon: Senators LaValle, Seward, Robach, Griffo,
20 Zeldin as the alternate; Senators Stavisky and
21 Serrano as the alternate.
22 Economic Development in the
23 Assembly Parlor -- these are all at noon, these
24 announcements -- Economic Development is Senators
25 Alesi, Bonacic, Griffo, Marcellino, Ritchie, as
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1 the alternate; Senators Perkins and Kennedy as
2 the alternate.
3 At 12:45 -- this is Cycle B, at
4 12:45 -- Mental Hygiene at 12:45 in Hearing Room
5 A: Senators McDonald, Larkin, Klein, Carlucci,
6 Ball the alternate; Senators Huntley and Rivera
7 as the alternate.
8 Transportation, at 12:45, in
9 Hearing Room B: Senators Fuschillo, Nozzolio,
10 Lanza, O'Mara, Young the alternate; Senators
11 Dilan and Smith as the alternate.
12 Human Services and Labor -- this
13 also at 12:45 -- location, Hearing Room C:
14 Senators Robach, Gallivan, Saland, Savino, Alesi,
15 alternate; Senators Montgomery and Squadron as
16 the alternate.
17 Cycle C, at 1:30, Health: Senators
18 Hannon, Golden, Young, Valesky, Larkin the
19 alternate; Senators Krueger and Peralta as the
20 alternate. That will be in Hearing Room B,
21 Health at 1:30 in Hearing Room B.
22 Education at 1:30 in Hearing Room
23 C: Senators Flanagan, Lanza, Ranzenhofer,
24 Seward, Saland as the alternate; Senators Addabbo
25 and Huntley as the alternate. That's Education
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1 in Hearing Room C.
2 Mr. President, there being no
3 further business before the Senate, I move that
4 we adjourn until Monday, the 26th of March, at
5 3:00 p.m., intervening days being legislative
6 days.
7 ACTING PRESIDENT MARCELLINO: On
8 motion, the Senate stands adjourned until Monday,
9 March 26th, at 3:00 p.m., intervening days being
10 legislative days.
11 (Whereupon, at 11:31 a.m., the
12 Senate adjourned.)
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