Monday, April 10, 1995

4396 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 April 10, 1995 11 3:00 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 4397 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would you please rise and repeat 4 with me the Pledge of Allegiance. 5 (Whereupon, the Senate and those 6 present joined in the Pledge of Allegiance to 7 the Flag.) 8 May we bow our heads in a moment 9 of silence. 10 (Whereupon, there was a moment of 11 silence.) 12 The reading of the Journal, 13 please. 14 THE SECRETARY: In Senate, 15 Sunday, April 9. The Senate met pursuant to 16 adjournment. Senator Farley in the chair upon 17 the designation of the Temporary President. The 18 Journal of Saturday, April 8, was read and 19 approved. On motion, Senate adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as read. 22 Presentation of petitions. 23 Messages from the Assembly. 4398 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 RATH: Madam President. 8 On page 14, I offer the following amendments to 9 Calendar Number 222, Senate Print Number 2764, 10 and ask that said bill retain its place on Third 11 Reading Calendar. 12 THE PRESIDENT: Amendments 13 received. 14 SENATOR RATH: Madam President. 15 THE PRESIDENT: Senator. 16 SENATOR RATH: On page 25, I 17 offer the following amendments to Calendar 18 Number 337, Senate Print Number 539, and ask 19 that said bill retain its place on Third Reading 20 Calendar. 21 THE PRESIDENT: Amendments 22 received. 23 Senator Wright. 4399 1 SENATOR WRIGHT: Madam 2 President. On behalf of Senator Farley, on page 3 number 25, I offer the following amendments to 4 Calendar Number 338, Senate Print Number 1275, 5 and ask that said bill retain its place on Third 6 Calendar Reading. 7 On behalf of Senator Leibell, on 8 page number 18, I offer the following amendments 9 to Calendar Number 275, Senate Print Number 10 3479, and ask that said bill retain its place on 11 Third Calendar Reading. 12 On behalf of Senator Goodman, 13 please place a sponsor star on Calendar Number 14 379. 15 Thank you, Madam President. 16 THE PRESIDENT: Amendments 17 received. The bill is starred. 18 Senator Bruno. 19 SENATOR BRUNO: Madam President, 20 can we ask for an immediate meeting of the 21 Finance Committee in Room 332 and that followed 22 immediately by a meeting of the Rules Committee 23 in the same place, Room 332. 4400 1 THE PRESIDENT: Yes. There is an 2 immediate meeting of the Finance Committee in 3 Room 332 to be followed by a meeting of the 4 Rules Committee in the same room. 5 Senator Bruno, are you ready for 6 the calendar? 7 SENATOR BRUNO: Yes, Madam 8 President. Can we now at this time take up the 9 noncontroversial calendar? 10 THE PRESIDENT: Senator Bruno, we 11 have a couple of substitutions first. Sorry. 12 THE SECRETARY: Senator Saland 13 moves to discharge the Committee on Children and 14 Families from Assembly Bill Number 3749 and move 15 to substitute for the identical Senate Bill 16 Number, Calendar 203. 17 On page 21, Senator Spano moves 18 to discharge, from the Committee on 19 Investigations, Taxation and Government 20 Operations, Assembly Bill Number 4105, and move 21 to substitute for the identical Senate Bill, 22 Calendar Number 310. 23 THE PRESIDENT: Substitutions 4401 1 ordered. 2 The Secretary will now read the 3 noncontroversial calendar. 4 THE SECRETARY: On page 8, 5 Calendar 51, by Senator Nozzolio, Senate Print 6 16A, an act to amend the Penal Law and the 7 Correction Law, in relation to establishing the 8 crime of aggravated harassment of an employee. 9 SENATOR PATERSON: Lay it aside. 10 THE PRESIDENT: Lay it aside, 11 please. 12 THE SECRETARY: Calendar Number 13 121, by Senator Levy, Senate Print 372, an act 14 to amend the Vehicle and Traffic Law, in 15 relation to increasing the penalties for 16 aggravated unlicensed operation of a motor 17 vehicle. 18 THE PRESIDENT: Read the last 19 section, please. 20 THE SECRETARY: Section 3. This 21 act shall take effect on the first day of 22 November. 23 THE PRESIDENT: Call the roll. 4402 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 47. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 126, by Senator Levy, Senate Print 2270, an act 7 to amend the Vehicle and Traffic Law, in 8 relation to the proof required for eligibility 9 for distinctive plates for volunteer fire 10 fighters. 11 THE PRESIDENT: Read the last 12 section, please. 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 48. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 214, by Senator LaValle, Senate Print 1368, an 22 act to amend the Town Law, in relation to 23 expending from fire district revenues amounts 4403 1 appropriated for equipment. 2 SENATOR DOLLINGER: Lay it aside. 3 THE PRESIDENT: Lay it aside, 4 please. 5 THE SECRETARY: Calendar Number 6 238, by Senator DeFrancisco, Senate Print 1966A, 7 an act to amend the Criminal Procedure Law, in 8 relation to applications for recognizance or 9 bail. 10 THE PRESIDENT: Read the last 11 section, please. 12 THE SECRETARY: Section 3. This 13 act shall take effect on the 30th day. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 48. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 259, by Senator Nozzolio, Senate Print 2244, an 21 act to amend the Correction Law, in relation to 22 limiting time allowances for good behavior for 23 sexual offender. 4404 1 SENATOR PATERSON: Lay it aside. 2 THE PRESIDENT: Lay it aside, 3 please. 4 THE SECRETARY: Calendar Number 5 287, by Senator Cook, Senate Print 3441, an act 6 to allow police officers in the Town of 7 Saugerties to be covered under the provisions of 8 Section 384D of the Retirement and Social 9 Security Law. 10 SENATOR DOLLINGER: Lay it aside. 11 THE PRESIDENT: There is a home 12 rule message at the desk. 13 Lay it aside, please. 14 That completes the 15 noncontroversial calendar. 16 SENATOR BRUNO: Madam President, 17 can we now take up the controversial calendar. 18 THE PRESIDENT: The Secretary 19 will read. 20 THE SECRETARY: Calendar Number 21 51, Senate Bill 16A, by Senator Nozzolio, an act 22 to amend the Penal Law and the Correction Law, 23 in relation to establishing the crime of 4405 1 aggravated harassment. 2 THE PRESIDENT: Read the last 3 section. 4 SENATOR PATERSON: Explanation. 5 THE PRESIDENT: Oh, an 6 explanation. Senator Nozzolio. 7 SENATOR NOZZOLIO: Questions, 8 Madam President. 9 THE PRESIDENT: Yes. An 10 explanation is requested. 11 SENATOR NOZZOLIO: Yes, I will be 12 glad to give Senator Paterson an explanation of 13 the bill. 14 Madam President, my colleagues. 15 The measure before us amends the Penal Law to 16 establish the crime of aggravated assault when a 17 prisoner with intent to harass, annoy, threaten, 18 harm or alarm a person commits one of what I 19 believe are the most heinous indignities that we 20 are seeing today in our correctional system. 21 The men and women who work in our state's 22 prisons do so under the most stressful 23 conditions. They do that as a condition of 4406 1 their employment. They understand, by and 2 large, exactly that is the nature of their job 3 and that they must do their job in those types 4 of very hazardous work environments. 5 But what we see today in our 6 prisons is an assault weapon being used, and 7 that assault weapon is the inmate's bodily 8 fluids. Particularly those who know that they 9 may be infected with the HIV virus would assault 10 a nurse, a correctional employee, a correction 11 officer, with their bodily fluids not just to 12 create an indignity but to create a very 13 significant danger. 14 Put yourself in the situation of 15 being doused with another individual's bodily 16 fluids and ask the question, how would you 17 feel? What indignity would you feel; and with 18 the threat of HIV, how safe would you feel? 19 THE PRESIDENT: Senator 20 Nozzolio. Senator Paterson, why do you rise? 21 SENATOR PATERSON: Thank you, 22 Madam President. Would Senator Nozzolio yield 23 for a couple of questions? 4407 1 SENATOR NOZZOLIO: I will be glad 2 to yield. 3 THE PRESIDENT: Would you like to 4 continue, first? 5 SENATOR NOZZOLIO: I will be glad 6 to yield. 7 SENATOR PATERSON: Thank you, 8 Senator Nozzolio. It was a well-explained bill 9 and I think a very well-intentioned bill, and 10 probably a very necessary bill. A question that 11 I have is, according to the National Center for 12 Disease Control, which of these transferences of 13 bodily fluids are such that it would qualify for 14 a proper transmission of the HIV virus? 15 THE PRESIDENT: Senator 16 Nozzolio. 17 SENATOR NOZZOLIO: Madam 18 President, I am not a doctor, but it seems with 19 this type of situation today's dogma is 20 tomorrow's heresy; that we today are seeing the 21 medical community make certain estimates that 22 things are not being done or are being done 23 relative to HIV; and the issue really is what 4408 1 are we doing to protect our correctional 2 personnel? 3 I have certainly no scientific 4 evidence before me relative to the HIV virus, 5 but I believe we must do all we can to protect 6 those state employees who work behind the walls. 7 THE PRESIDENT: Senator Paterson. 8 SENATOR PATERSON: Thank you very 9 much, Senator Nozzolio. 10 And, Madam President, if Senator 11 Nozzolio would continue to yield. 12 Senator Nozzolio, when -- do you 13 see this bill as a possible administrative 14 nightmare for the people who run the 15 facilities? In other words, what we're talking 16 about is perhaps a fight, and a correctional 17 guard breaks up the fight and now the prisoner 18 is subject to an E felony and can spend 19 additional time in prison, basically because 20 they had a fight. In other words, what I'm 21 saying is, have we clearly defined in this bill 22 what qualifies someone to be penalized under 23 it? 4409 1 SENATOR NOZZOLIO: Senator, I 2 believe that there are clear definitions, and 3 whatever administrative efforts must be taken to 4 comply with this statute pale in comparison to 5 the actual nightmare that the correctional 6 employees who are the recipients of this type of 7 heinous behavior have to face; that it is 8 certainly a life or death situation for our 9 correctional employees. 10 I don't believe certain 11 administrative effort on behalf of the 12 Corrections Department is too much to ask when 13 you are taking into account someone's very 14 significant jeopardy of safety in the 15 circumstances we're talking about. What we are 16 saying is that when there is a person who knows 17 or reasonably should know to be an employee - 18 an individual is an employee of a correctional 19 facility and that they are engaged in the 20 performance of their official duties while an 21 employee of the correctional facility, that that 22 inmate causes or attempts to cause such employee 23 to be coming into contact with blood, seminal 4410 1 fluid, saliva, urine, feces, by throwing, 2 tossing, or expelling such fluid or material. I 3 think it's extremely specific. It's almost too 4 specific for discussion for this chamber, but 5 it's such an uncomfortable and distasteful 6 subject, Senator, that I believe the bill is 7 absolutely necessary. 8 THE PRESIDENT: Senator Paterson. 9 SENATOR PATERSON: Thank you, 10 Madam President, and thank you, Senator 11 Nozzolio. 12 On the bill, Madam President. I 13 am going to support the bill, and I thank 14 Senator Nozzolio for his explanation, and I 15 understand it was difficult to discuss a subject 16 like this without nauseating the entire chamber, 17 which Senator Nozzolio was able to do. 18 My reservation, while voting for 19 the bill, is simply that we are actually going 20 to cause people to take tests for the HIV virus 21 when, in fact, some of the transmissions listed 22 in this bill don't qualify under the National 23 Center for Disease Control's threshold test of 4411 1 what is the transmission of the virus, and we've 2 had a lot of extensive study on what causes the 3 virus to be transmitted. 4 So, for instance, if a prisoner 5 bit a guard, I think you would have them tested 6 immediately. If some of the other acts that 7 Senator Nozzolio was describing occurred, I 8 don't know that that would be necessary, as 9 revolting an act as that might be, and perhaps 10 that act is punishable. But the additional 11 mandated HIV tests and the felony involved, I 12 think, is a little bit excessive; but because of 13 the fact that this has been a problem in the 14 facilities, I can support the bill. 15 I would like to point out, 16 however, that the Department of Corrections has 17 not issued a memorandum one way or the other, 18 and it just leads me to believe -- and I have no 19 evidence, but it is just kind of a feeling - 20 that there is a lot of administrative grief that 21 is going to come over this particular bill. 22 Senator Abate, who is out of the chamber right 23 now on another matter, has indicated, as a 4412 1 person who has worked in supervision in that 2 particular area, that it would cause a great 3 deal of problem; but, otherwise, we support the 4 bill. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the first day of 9 November. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 49. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: On Calendar 16 Number 51, Senator Markowitz in the negative. 17 Ayes 48. Nays 1. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar 214, by 21 Senator LaValle, Senate Print 1368, an act to 22 amend the Town Law, in relation to expending 23 from fire district revenues. 4413 1 SENATOR DOLLINGER: Explanation. 2 ACTING PRESIDENT KUHL: Senator 3 LaValle, an explanation has been asked for by 4 Senator Dollinger. 5 SENATOR LAVALLE: This is really 6 a very simple bill in what it attempts to do, 7 Senator Dollinger. Fire districts, as you 8 probably know, have a spending limitation. At 9 the same time, there have been over the last - 10 since 1980, on almost an annual basis, 11 additional OSHA requirements our local fire 12 departments have had to meet. It goes from 13 basic equipment of helmets and coats, various 14 other protective gear that they have to wear, 15 the kinds of equipment that they use. These 16 pressures have placed a lot of pressure on the 17 fire district budget not allowing them to do 18 other things that they would normally do if it 19 was not for these additional mandates on them, 20 and so this bill allows them to exceed the 21 spending cap for those OSHA mandates, and it's 22 consistent with other exemptions that we have 23 allowed to our local fire districts to exceed 4414 1 this spending cap, particularly when it's come 2 to things like indebtedness and other kinds of 3 things. It's very consistent with bills that we 4 have passed on the floor of this house. 5 ACTING PRESIDENT KUHL: Senator 6 Dollinger. 7 SENATOR DOLLINGER: Will Senator 8 LaValle just yield to a question? 9 ACTING PRESIDENT KUHL: Senator 10 LaValle, do you yield to a question? 11 SENATOR LAVALLE: Yes. 12 ACTING PRESIDENT KUHL: Senator 13 yields, Senator Dollinger. 14 SENATOR DOLLINGER: Senator, just 15 so I understand, are these federal OSHA 16 requirements that are imposed? 17 SENATOR LAVALLE: Yes. Yes, they 18 are. 19 ACTING PRESIDENT KUHL: Then just 20 on the bill briefly, Mr. President. 21 ACTING PRESIDENT KUHL: Senator 22 Dollinger on the bill. 23 SENATOR DOLLINGER: I'm going to 4415 1 support this bill. I think Senator LaValle's 2 bill just highlights another point that I just 3 wanted to mention. A lot of our local 4 communities, particularly fire departments, have 5 these OSHA regulations imposed on them by the 6 federal government, and it might be an issue 7 that in the new environment we would look to 8 Washington to say, "Maybe it's time to change 9 some of these very onerous regulations." I know 10 they've been very expensive in my town and have 11 been a source of great concern. 12 I think they try to achieve the 13 right goal, perhaps a goal that we should all 14 share, but the question is whether the federal 15 government should mandate them and local fire 16 communities to pay for them. So I think Senator 17 LaValle is right on the nose with respect to 18 allowing them an exemption from the cap in order 19 to be able to do this, but it's the kind of 20 thing that we ought look to the federal 21 government and ask for some relief. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 4416 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 50. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 Secretary will continue to call 10 the controversial calendar. 11 THE SECRETARY: Calendar Number 12 259, by Senator Nozzolio, Senate Print 2244, an 13 act to amend the Correction Law, in relation to 14 limiting time allowances for good behavior. 15 SENATOR PATERSON: Explanation. 16 ACTING PRESIDENT KUHL: Senator 17 Nozzolio, an explanation has been asked for by 18 Senator Paterson. 19 SENATOR NOZZOLIO: Thank you, Mr. 20 President. I would be glad to give the Acting 21 Minority Leader an explanation of this measure. 22 Certainly, we need to do all we 23 can to keep criminals who are extremely 4417 1 dangerous behind bars, and that sex offenders in 2 this state have the highest incidence of 3 recidivism of any type of criminal. 4 That, we are asking by 5 establishing this legislation that individuals 6 convicted of sex offenses should also not 7 receive time off for good behavior. Sex 8 offenders that commit grievous crimes, 9 historically, have a high recidivism rate. It 10 doesn't make sense to free sex offenders early, 11 particularly when there is such a high 12 propensity of them tending to commit a similar 13 crime. 14 What we are suggesting by this 15 statute change is that Section 803 of the 16 Correction Law which provides time off for good 17 behavior for all criminals that -- we are 18 stating that that should be changed and that any 19 person serving a maximum term of life 20 imprisonment -- pardon me. That Sections 803 21 and 804 of the Correction Law excepts sex 22 offenders from being eligible for time 23 allowances for good behavior. 4418 1 ACTING PRESIDENT KUHL: Senator 2 Paterson. 3 SENATOR PATERSON: Thank you, Mr. 4 President. Senator Nozzolio, we appreciate that 5 you are addressing this particular issue. Would 6 you yield for a question? 7 ACTING PRESIDENT KUHL: Senator 8 Nozzolio, do you yield? 9 SENATOR NOZZOLIO: Certainly, Mr. 10 President. 11 ACTING PRESIDENT KUHL: Senator 12 yields. 13 SENATOR PATERSON: Senator 14 Nozzolio, on this particular bill, the Governor 15 has certainly some ideas about reforming this 16 area that relates to sexual offenders, and he is 17 thinking of rolling back the good behavior time 18 from one-third to one-seventh. This would still 19 qualify us under the federal regulations to 20 receive funding from the government; and, of 21 course, we wouldn't worry as much about the 22 funding if we were feeling we were keeping 23 hardened criminals off the streets, but what I 4419 1 think would be consistent is the fact that, 2 under your bill, what you are suggesting, we 3 will have criminals going back out on the 4 streets (A) with no supervision and (B) without 5 any kind of transition from the end of their 6 terms to the time that they are now out on the 7 streets. 8 Don't you think it would be 9 better, should we continue this sort of 10 transition and just roll it back as the Governor 11 is suggesting, as opposed to just creating a 12 long-term sentence and then allowing the 13 individual who has served that time to go right 14 back out on the streets? 15 SENATOR NOZZOLIO: Mr. 16 President. I would wish to respond to Senator 17 Paterson's question in this way. Senator, I 18 understand the tenor of your question, and I 19 think that your point does not seem unreasonable 20 to me but for the fact that the type of 21 criminality that we're trying to deal with here 22 is so vicious, so vile in its nature that we can 23 not, I believe, allow the tide to continue to 4420 1 flow. 2 I hold in my hand a February 8 3 clipping from the New York Times; headline, "Man 4 on Parole is Charged in Sex Attacks in the 5 Bronx." Underheadline said he had been released 6 for good behavior. "A string of sexual attacks 7 in the Bronx was carried out by a man who was 8 paroled from prison a year ago after serving 13 9 years for rape," police said. Under the law, he 10 was held as long as he could be under the 11 current law, and that prisoners in New York 12 State earn a day of good behavior time for every 13 two days spent in prison if they generally stay 14 out of trouble. That's a very euphemistic way 15 of saying not causing a riot or not attacking 16 correction officers; but, otherwise, they are 17 generally given this as an entitlement in law 18 today. The accumulated time, then, is deducted 19 from the prisoner's maximum sentence. 20 What we have is prisoners who are 21 being released who have committed sex crimes in 22 the past who are going out and perpetrating 23 additional crimes upon society and, in many 4421 1 cases, with the same modus operandi that put 2 them in prison in the first place. 3 What we're saying in this statute 4 is, let's forget this time off for good 5 behavior. It doesn't make sense. We have the 6 highest recidivism rate of any crime becoming in 7 the sex offender, and that releasing sex 8 offenders based on good behavior in prison is 9 wrong. What we should not do is put them in 10 prison if they exhibit good behavior in the 11 first place. What we're saying is, just because 12 you exhibit good behavior after you are in 13 prison doesn't do anything for the victim who is 14 carrying a scar in general in her and, in cases 15 of sex abuse of children, in his character for 16 the rest of his life. 17 Taking that into account, 18 Senator, I just have to reject your suggestion. 19 Even though it is not unreasonable, I think it 20 is certainly not warranted at this time because 21 of the very serious aspects of this crime. 22 ACTING PRESIDENT KUHL: Senator 23 Paterson. 4422 1 SENATOR PATERSON: Mr. 2 President. Even though Senator Nozzolio rejects 3 my suggestion, I'm pleased to see what I 4 consider to be a metamorphosis of opinion that 5 has evolved throughout the last couple of 6 decades. The focus that this bill and others 7 like it are placing on the issue of sexual 8 offenses, the high rate of recidivism, the 9 unnecessary difficulty that the victims have had 10 trying to get these cases prosecuted, the fact 11 that often the victim felt like it was the 12 victim who was on trial. This going on for the 13 period of time that it has, I think we in this 14 chamber welcome this piece of legislation. 15 What I would add to it, on the 16 bill, Mr. President, if we are going to be 17 locking people up and not giving them some kind 18 of treatment, then we really are inviting this 19 problem to visit us again. 20 There are facilities that have 21 demonstrated, such as the one in New Jersey at 22 Avedale, that there has been a rate of success 23 when counseling and treating sexual crime 4423 1 predators. There is, I think, a sense right now 2 that there cannot be any treatment, and I don't 3 think the statistics actually sustain that. I 4 think the statistics belie that, and so I think 5 that this legislation goes a long way to focus 6 our efforts on not necessarily drawing a 7 conclusion between the ease of managing 8 prisoners which is a correctional duty and the 9 likelihood of an individual getting out quicker 10 and creating the same crime again, which I think 11 is a very good point that Senator Nozzolio is 12 making. 13 However, what we are saying is 14 that with the treatment, if it begins at the 15 time of incarceration so that you can have real 16 rehabilitation, that there should be some 17 transitional period in which the individual 18 moves back into society, and we are suggesting 19 -- although this bill certainly is with great 20 merit, we are suggesting that that time period 21 be equal to that that the Governor of the State 22 of New York has suggested, one-seventh the time 23 of the term. 4424 1 ACTING PRESIDENT KUHL: Chair 2 recognizes Senator Jones. 3 SENATOR JONES: Yes, will the 4 Senator yield to a question? 5 ACTING PRESIDENT KUHL: Senator 6 Nozzolio, do you yield to a question from 7 Senator Jones? 8 SENATOR NOZZOLIO: Yes, Mr. 9 President. 10 ACTING PRESIDENT KUHL: Senator 11 yields, Senator Jones. 12 SENATOR JONES: Yes. I just need 13 a clarification. In the Crime Committee, 14 Senator Abate kind of raised my level of 15 concern. First let me say, if they all served 16 the rest of their life would be just fine with 17 me, but she brought up the issue if you 18 eliminate the good time, as you are suggesting 19 in this bill, what happens then when they are 20 released? Can the Parole still determine where 21 they live, notify the right people and keep 22 track of them, or are they out of the system and 23 running loose, basically? 4425 1 SENATOR NOZZOLIO: Mr. 2 President. This bill does certainly no change 3 to those who have been paroled, to those who 4 have been part of the criminal justice system. 5 There still needs to be follow-up. Taken in 6 conjunction, though, with Senator DiCarlo's Sex 7 Offender Reform Act -- the Senator is the lead 8 sponsor. Many of us in this chamber have 9 endorsed and sponsored this bill, and it has 10 passed this chamber. The Sex Offender Reform 11 Act mandates that there be a continued course of 12 treatment for those sex offenders who have 13 entered in and served their time and exited from 14 the criminal justice system. 15 We believe -- and, Senator, you 16 may be a supporter of that bill. I am not 17 sure. But, certainly, it has not passed the 18 Assembly, and we not only lose federal dollars 19 as the result of that measure not passing the 20 Assembly, your very concern, which I believe is 21 extremely well-taken, that your concern as you 22 raise it here, would four square be taken care 23 of by Senator DiCarlo's Sex Offender Reform Act, 4426 1 and we need to do all we can in this house to 2 get it passed. The Assembly, as you well know, 3 has been reluctant to pass that needed 4 legislation. I think the two of these measures 5 should be taken together in conjunction and I 6 believe it would resolve the concern completely 7 that you have. 8 ACTING PRESIDENT KUHL: Senator 9 Jones. 10 SENATOR JONES: Thank you. Maybe 11 the Senator would yield for one more question. 12 ACTING PRESIDENT KUHL: Will you 13 yield, Senator Nozzolio, for one more question? 14 SENATOR JONES: Just so I can 15 clarify. Senator, this bill taken alone, then, 16 we would not have the hook on them when they're 17 released if they served the whole time; however, 18 if we combine it with something Senator DiCarlo 19 has, then we would be able to handle them 20 forever, which is what I think is necessary. Is 21 that basically what you are saying? 22 SENATOR NOZZOLIO: Senator, I 23 don't want to leave you with the impression that 4427 1 this measure detracts from or destroys any 2 parole requirements that an inmate may have once 3 they are paroled after committing this crime. 4 The only thing this measure does is take away 5 the sweetener that they now have of being good 6 boys in prison and then being let out early as a 7 quid pro quo for that good prison behavior. 8 We are saying that is a slap in 9 the face to those crime victims who have been 10 the recipient of a heinous sexual offense. 11 SENATOR JONES: Thank you. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect on the first day of 16 November. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 50. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: On Calendar 4428 1 Number 259, Senator Galiber recorded in the 2 negative. Ayes 49. Nays 1. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 The Secretary will continue to 6 call the calendar. 7 THE SECRETARY: Calendar Number 8 287, by Senator Cook, Senate Print 3441, an act 9 to allow police officers of the Town of 10 Saugerties to be covered under the provisions of 11 Section 384D. 12 ACTING PRESIDENT KUHL: There is 13 a home rule message at the desk. 14 Senator Dollinger. 15 SENATOR DOLLINGER: Explanation. 16 ACTING PRESIDENT KUHL: Senator 17 Cook, an explanation of the bill has been asked 18 for by Senator Dollinger. 19 SENATOR COOK: Mr. President. 20 Members of the Saugerties police force completed 21 the application to be covered under this section 22 of law. For some reason, those applications 23 were never forwarded by the town. Interestingly 4429 1 enough, I think there were seven people that 2 filled out applications. One of them was - 3 didn't have time to fill it out at work and 4 said, "Well, I'll mail it in when I get home." 5 Then he went home and filled it out and mailed 6 it in, and he is the only person covered. 7 Somebody else basically put the applications in 8 the bottom drawer, and they never got submitted 9 to the state. The town has recognized the error 10 now. They have agreed to pay the necessary cost 11 to have these people covered, so there won't be 12 any cost to the state. 13 SENATOR DOLLINGER: Through you, 14 Mr. President, just one question for Senator 15 Cook. 16 ACTING PRESIDENT KUHL: Senator 17 Cook, do you yield to Senator Dollinger? 18 SENATOR DOLLINGER: Is that the 19 respect in which this bill differs from last 20 year? 21 SENATOR COOK: Yes. 22 SENATOR DOLLINGER: Last year, we 23 were going to pick up - 4430 1 SENATOR COOK: That's right. 2 SENATOR DOLLINGER: -- and now 3 the town is going to do it. 4 Thank you, Mr. President. My 5 opposition from last year will be withdrawn. 6 I'll be voting in the affirmative on this. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 50. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 Senator Skelos, that completes 18 the controversial calendar. 19 SENATOR SKELOS: Mr. President. 20 May we return to reports of standing committees, 21 and I believe there is a report of the Rules 22 Committee. 23 ACTING PRESIDENT KUHL: There is 4431 1 a report of the Rules Committee at the desk. 2 We will return to reports of 3 standing committees. I will ask the Secretary 4 to read. 5 THE SECRETARY: Senator Bruno, 6 from the Committee on Rules, hands up the 7 following bills directly for third reading: 8 Senate Print 4079, Budget Bill, 9 an act making appropriation for the support of 10 government. 11 Senate Print 4080, Budget Bill, 12 an act to provide for payments and providers of 13 medical services. 14 4081, Budget Bill, an act making 15 an appropriation for the support of government. 16 All bills directly for third 17 reading. 18 ACTING PRESIDENT KUHL: Senator 19 Skelos. 20 SENATOR BRUNO: I move we accept 21 the rules report. 22 ACTING PRESIDENT KUHL: The 23 motion is to accept the rules report. All those 4432 1 in favor, signify by saying aye. 2 (Response of "Aye.") 3 Opposed, nay. 4 (There was no response.) 5 The report is accepted. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President. 8 At this time, may we please take up Calendar 9 390, Senate 4079. 10 ACTING PRESIDENT KUHL: Secretary 11 will read Calendar Number 390. 12 THE SECRETARY: Calendar Number 13 390, Budget Bill, Senate Print 4079, an act 14 making an appropriation for the support of 15 government. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 4. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 51. 4433 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 Secretary will continue to call. 4 Senator Skelos. 5 SENATOR BRUNO: Mr. President. 6 At this time, could we take up Calendar Number 7 391, S.4080. 8 ACTING PRESIDENT KUHL: Secretary 9 will read Calendar Number 391. 10 THE SECRETARY: Calendar Number 11 391, Senate Print 4080, Budget Bill, an act to 12 provide for payments to municipalities and to 13 providers of medical services under the Medical 14 Assistance Program. 15 ACTING PRESIDENT KUHL: Chair 16 recognizes Senator Galiber. 17 SENATOR GALIBER: Would Senator 18 Stafford yield to a question as opposed to 19 asking for an explanation of the entire bill? 20 ACTING PRESIDENT KUHL: Senator 21 Stafford, do you yield to a question from 22 Senator Galiber? 23 The Senator yields. 4434 1 SENATOR GALIBER: Senator, I 2 asked the question in our committee, and those 3 who are not privileged enough or honored enough 4 to serve on your committee might be interested 5 in the response that you give. I noted that the 6 notion of income maintenance was left out of the 7 bill and there was a question whether it was by 8 design. I know last year we didn't pay the 9 income maintenance, back in May of some 10 occasion. 11 SENATOR STAFFORD: Right, that 12 was - 13 SENATOR GALIBER: So perhaps you 14 can give us that explanation without going into 15 the entire bill. 16 SENATOR STAFFORD: Exactly. That 17 was an excellent question, as all of yours are, 18 Senator Galiber, but it shows you have read the 19 bill. 20 SENATOR GALIBER: (Indicating.) 21 SENATOR STAFFORD: Your staff; 22 right? 23 SENATOR GALIBER: Right. 4435 1 SENATOR STAFFORD: There is an 2 existing appropriation for that function. 3 SENATOR GALIBER: As I ask the 4 question, though, perhaps for those who are 5 privileged to live Upstate under certain 6 circumstances, does it apply in Upstate also? 7 SENATOR STAFFORD: Yes, it does. 8 SENATOR GALIBER: They have an 9 escrow account; is that correct? 10 SENATOR STAFFORD: Exactly. 11 SENATOR GALIBER: Or something 12 similar to that. 13 SENATOR STAFFORD: Exactly. 14 SENATOR GALIBER: Thank you, Mr. 15 President. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 3. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 51. 4436 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 ACTING PRESIDENT KUHL: Senator 4 Skelos. 5 SENATOR SKELOS: Yes, at this 6 time, may we please take up Calendar Number 392, 7 Senate 4081. 8 ACTING PRESIDENT KUHL: Secretary 9 will read Calendar Number 392. 10 THE SECRETARY: Calendar Number 11 392, Budget Bill, Senate 4081, an act making an 12 appropriation for the support of government. 13 ACTING PRESIDENT KUHL: Read the 14 last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 51. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 Senator Galiber. 4437 1 SENATOR GALIBER: Thank you for 2 the recognition, Mr. President. I would like to 3 have unanimous consent to be recorded in the 4 negative on Calendar Number 238. 5 ACTING PRESIDENT KUHL: Without 6 objection, Senator Galiber will be recorded in 7 the negative on Calendar Number 238. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President. 10 I believe at this time the Minority has some 11 motions to discharge. 12 SENATOR OPPENHEIMER: Yes, Mr. 13 President. 14 ACTING PRESIDENT KUHL: Senator 15 Paterson, is that correct, you have several 16 motions to discharge at the desk? 17 SENATOR PATERSON: Yes, Mr. 18 President. In fact, we have one million motions 19 for discharge, but we have cut them down to 20 really just reflect the most important bills, so 21 we know there should be no problem bringing 22 those bills to the floor, and we would like at 23 this time if you would recognize Senator 4438 1 Oppenheimer. 2 ACTING PRESIDENT KUHL: Senator 3 Oppenheimer to present a motion to discharge. 4 SENATOR OPPENHEIMER: I have 5 filed this motion to discharge at the desk. I 6 would like the opportunity to explain it. 7 ACTING PRESIDENT KUHL: Senator 8 Oppenheimer. The desk informs me that you have 9 two at the desk. Can you tell me which one you 10 would like to take up first? It's 705 or 759? 11 SENATOR OPPENHEIMER: 705. 12 ACTING PRESIDENT KUHL: 705. 13 SENATOR OPPENHEIMER: I didn't 14 know I had two. I think this is the one we're 15 talking about. This would limit the lawful 16 possession of semi assault weapons to persons 17 who have acquired a license to possess and use 18 them for either organized marksmanship 19 competition and target firing; or if they are 20 federally licensed collectors, they can obtain a 21 license to possess these weapons, and any other 22 possession of this weapon would be a crime. 23 So this is a ban on the 4439 1 possession and sale of semi assault weapons 2 without a license, and the bill names a large 3 number of weapons, some of which you are very 4 familiar with the names. Many of these weapons 5 are modified versions of military ordinance, 6 originally, and specifically designed to kill 7 human beings in battlefields, not intended for 8 civilian use. Many of them are equipped with or 9 designed to accept magazines having an 10 unreasonably large ammunition capacity, and, 11 obviously, such capacity is not necessary for 12 hunting purposes or recreational purposes. 13 Indeed, they are specifically banned for 14 hunting. Their purpose truly is only to kill 15 the maximum number of people in the minimum 16 amount of time. 17 Law enforcement officers and 18 innocent bystanders are increasingly in peril. 19 There is a great deal of cross fire that goes on 20 and innocent people -- a lot of the youngsters 21 are caught in this cross fire, and, indeed, our 22 police are asking for us to do something because 23 they are out-gunned at the present time. The 4440 1 criminals have much better firepower than our 2 police have. 3 These are just weapons of 4 terrible destructive power, and I don't think 5 our society should permit them to continue to 6 proliferate, and this legislation would go just 7 about as far as the state can go in controlling 8 them. I see that they serve absolutely no valid 9 purpose; and, indeed, when our governor was on 10 the campaign trail, he also said that he thought 11 it was time for a ban or considerable restraints 12 on semi assault weapons, and I hope he believes 13 that now and will act upon it in the near 14 future. 15 In the meantime, I would like to 16 have this motion to discharge from committee 17 come to the floor, and I would move that. 18 ACTING PRESIDENT KUHL: The 19 motion is to discharge Senate Bill Number 705 20 from committee. A vote in the affirmative will 21 discharge that bill. A vote in the negative 22 will vote to keep it in committee. 23 All those in favor of the motion, 4441 1 signify by saying aye. 2 (Response of "Aye.") 3 Those opposed, nay. 4 (Response of "Nay.") 5 The motion fails. 6 Senator Oppenheimer, would you 7 now like to take up the second -- no. 8 Senator Paterson. 9 SENATOR PATERSON: Mr. 10 President. Now, if you would recognize Senator 11 Jones. 12 ACTING PRESIDENT KUHL: The chair 13 recognizes Senator Jones for a motion. 14 Senator Jones. 15 SENATOR JONES: Yes, I filed - 16 there's two motions to discharge from committee, 17 Senate 37 and Senate 39, and I would like to 18 call them up and ask if I can discuss them 19 together. 37 and 39. 20 SENATOR MARCHI: Point of order, 21 Mr. President. 22 ACTING PRESIDENT KUHL: Senator 23 Marchi. 4442 1 SENATOR MARCHI: I received a 2 memorandum from Senator Goodman, who underwent a 3 medical procedure, giving me the Senate bills 4 that were going to be moved on this agenda; and 5 you say 739? 6 SENATOR JONES: 37 and 39. 7 ACTING PRESIDENT KUHL: Senate 8 39. 9 SENATOR MARCHI: It's not on this 10 list, not that it's immoral or fattening or 11 illegal. The same goes for Senator 12 Oppenheimer's -- are we working from different 13 lists? 14 ACTING PRESIDENT KUHL: Senator 15 Marchi, if you will bear with us. 16 Senator Marchi, if you will bear 17 with us just for a moment, I'm attempting to be 18 able to resolve your question here at the desk. 19 Senator Marchi. 20 SENATOR MARCHI: Mr. President I 21 understand that there were amplified lists and 22 they didn't happen to be on this one, but I - 23 quite all right. 4443 1 ACTING PRESIDENT KUHL: Senator 2 Jones, on both motions to discharge. 3 SENATOR JONES: These two bills 4 are bills that I filed last year, and I know 5 Senator Maltese was interested in taking them up 6 last year, but nothing has happened to them this 7 year. 8 So I would really like to call 9 your attention -- they are both dealing with 10 crime victims issues and both from situations 11 that have happened in Monroe County. The first 12 one deals with the ability of someone to speak 13 at sentencing, and while we have lots of things 14 in statute -- we just did one recently - 15 dealing with who can speak for a victim of a 16 crime, in Monroe County we had a rather unusual 17 situation where a judge held to the letter of 18 the law. The problem was the person was not 19 charged with a homicide. It was a hit-and-run 20 driver. Although the person was killed, the 21 defendant did not show up until the following 22 day; and, therefore, it was not a homicide. 23 When it came time for sentencing, 4444 1 the judge held to the letter of the law and 2 indicated that this did not fit any of our 3 present criteria, which is, "A victim is a child 4 unwilling or unable to speak or if the victim is 5 mentally or physically disabled or, of course, 6 in the case of a homicide." 7 So this person basically fell 8 through the cracks, and the judge held to the 9 letter of the law and would not allow them to 10 speak. I have been told that there are other 11 situations where judges are more lenient and 12 would have allowed this to happen; however, in 13 Monroe County, they did not. 14 I know we all feel very strongly, 15 particularly when there has been -- a death 16 occurred, that someone should always be there to 17 speak for the victim. So this bill was actually 18 introduced to try and correct this situation 19 that did occur in Monroe County and to prevent 20 it from happening in any other place throughout 21 the state. 22 The second bill, Senate 37, also 23 dealt with the crime victim issue, and anybody 4445 1 who's been in the Monroe County area -- again, 2 let me say Senator Maltese picked this up after 3 I filed it last year, but no one has done so 4 this year. So, you know, I would recommend that 5 someone do that because it is certainly 6 something that bears looking at. 7 Again, it's a case in Monroe 8 County where a woman was a victim of serious 9 domestic violence; in fact, was stabbed 11 times 10 to the point where the woman has lost her 11 ability to speak. The man is now serving 25 12 years in prison. Unfortunately, from prison, he 13 has continued to harass her, filing various 14 lawsuits including the validity of their 15 divorce, custody issues, visitation issues, 16 whether or not the children could write to him. 17 All of these, the judges have been forced to 18 hear in court in Monroe County. 19 I have spoken many times to the 20 judges about this. They are looking for 21 something in law to help them and they can 22 immediately discount these as being frivolous. 23 This woman who not only suffered such a serious 4446 1 physical injury at the hands of this person is 2 now forced to pay to defend herself in court; 3 and, of course, we all know who is paying for 4 his court filings in the court cases that he is 5 bringing against her. 6 So, again, this is another thing 7 that I believe could help victims; and, 8 certainly, any of you who knew this woman and 9 what she's been through certainly would be 10 interested in helping in any way possible to 11 prevent her from further victimization at the 12 hands of her ex-husband. 13 So I would move that both of 14 these be discharged from committee and be 15 brought to the floor. 16 ACTING PRESIDENT KUHL: The 17 question is on the motion to discharge Senate 18 Bill Number 39 dealing with victims. All those 19 in favor of the motion to discharge, signify by 20 saying aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (Response of "Nay.") 4447 1 The motion is lost. 2 The second motion before the 3 house is the motion to discharge Senate Bill 4 Number 37, dealing with frivolous lawsuits. All 5 those in favor of the motion, signify by saying 6 aye. 7 (Response of "Aye.") 8 Opposed, nay. 9 (Response of "Nay.") 10 The motion is lost. 11 Senator Paterson. 12 SENATOR PATERSON: Mr. 13 President. I thought we won that last one. 14 If you would recognize Senator 15 Jones, Mr. President, we have one further 16 motion. 17 ACTING PRESIDENT KUHL: Senator 18 Jones. 19 SENATOR JONES: There is one more 20 bill that I would like to call up, please, 21 Senate 1025. 22 ACTING PRESIDENT KUHL: Senator 23 Jones, hang on just a minute while we find it. 4448 1 Senator Jones, we have it now. 2 Senator Jones on the motion to discharge. 3 SENATOR JONES: Yes. This bill 4 deals with reverse sale of a controlled 5 substance. Again, it's a bill that I had in 6 last year, but it's become a very important 7 issue this year in Monroe County; and so, since 8 it's on the Health Committee currently, I would 9 like to turn the floor over to our ranking 10 member on the Health Committee, which is Senator 11 Dollinger, to speak on this bill. 12 ACTING PRESIDENT KUHL: Chair 13 recognizes Senator Dollinger on the motion. 14 SENATOR DOLLINGER: Mr. 15 President. This concept of a reverse drug sale 16 is not a new concept before this house. I point 17 out that Senator Wright, and I believe 13 other 18 members of the Republican Majority in this house 19 have recognized the problem and introduced a 20 very similar bill. The reason why we want to 21 move to discharge this bill is because the issue 22 of reverse sales have become even more pertinent 23 in our hometown community in Monroe County. 4449 1 There, a City Court judge threw out 123 2 accusatory instruments filed against people who 3 had come into the city of Rochester or had been 4 in the city and attempted to buy drugs. They 5 were all done on the reverse sale model; and 6 because of the lack of any statutory function to 7 support an accusation under a reverse sale, all 8 123 of those cases were dismissed. 9 It seems to me that this bill's 10 time has come and that this would give the 11 communities, places like the city of Rochester, 12 an additional weapon in their arsenal to try to 13 curb the problem of neighborhood drug buys. 14 They start out of in small amounts. They start 15 off in marijuana. They build up to bigger 16 things. If we're going to put a stop to it, I 17 think we have to give the police not only in 18 Monroe County and in the city of Rochester this 19 tool, but we should give it across the board. 20 I would strongly recommend that 21 this be brought out of committee and be put 22 before the Senate so that we can have a full 23 debate on the issue, and we can give the people 4450 1 of this state the opportunity to begin to reduce 2 the drug traffic which infests our 3 neighborhoods, our urban areas and, I should 4 add, also our rural areas. Many of the people 5 who are, often times, arrested -- in fact, who 6 were arrested in the city of Rochester were from 7 rural areas. Drug use, as we all know, is as 8 prevalent in the suburbs as it is in the city, 9 and anyone who thinks that this is just an urban 10 problem is kidding themselves. This bill will 11 give us a tool we can use throughout New York 12 State. 13 I urge that this motion be 14 adopted and that we bring this measure, this 15 very important measure, sponsored by Senator 16 Jones, to the floor for debate. 17 ACTING PRESIDENT KUHL: The 18 motion is to discharge Senate Bill 1025. All 19 those in favor of discharging the bill from 20 committee, signify by saying aye. 21 (Response of "Aye.") 22 Opposed, nay. 23 (Response of "Nay.") 4451 1 The motion is defeated. 2 Senator Skelos. 3 SENATOR DOLLINGER: Mr. 4 President. 5 ACTING PRESIDENT KUHL: Senator 6 Dollinger. 7 SENATOR DOLLINGER: Mr. 8 President. I believe there is another motion 9 filed with respect to Senate 2974. 10 ACTING PRESIDENT KUHL: Senate 11 2974? Let me check, Senator Dollinger, to see 12 that it's here. 13 Senator Dollinger, it is at the 14 desk. 15 SENATOR DOLLINGER: Mr. 16 President. 17 ACTING PRESIDENT KUHL: Senator 18 Dollinger on the motion. 19 SENATOR DOLLINGER: This is a 20 motion to discharge Senate Bill 2974, of which I 21 am the sponsor. Senator Babbush, Senator Jones, 22 Senator Markowitz and Senator Paterson are the 23 co-sponsors. 4452 1 This bill would expand the 2 forfeiture power of the police in enforcing the 3 forfeiture laws against those who buy 4 misdemeanor amounts of illegal substances. As I 5 mentioned a moment ago with respect to Senator 6 Jones's bill, in which we talked about the 7 concept of reverse buys, expanding the scope of 8 the forfeiture laws would give the police an 9 additional option in trying to deter drug sales 10 wherever they occur in this state. 11 Current law provides it has to be 12 a felony in order for you to begin the 13 forfeiture process. This bill, if it were 14 considered by this body, would give us an 15 opportunity to debate the issue of whether that 16 forfeiture power should be extended down to 17 misdemeanors. In many cases, people are buying 18 drugs only in misdemeanor quantities or they're 19 buying marijuana in misdemeanor quantities. 20 There is no forfeiture law that applies to them 21 because we haven't extended it that far. 22 I point out that our information 23 from the Monroe County drug enforcement 4453 1 officials, both the police in the city of 2 Rochester, the Monroe County Sheriff's 3 Department and local police departments, 4 indicates that people who are buying drugs are 5 buying them in small amounts and, in many cases, 6 we are unable to apply the forfeiture law to 7 them. 8 The other advantage of the 9 forfeiture law is that it might open the eyes of 10 the entire community about the prevalence of 11 drug use because it would be one thing to simply 12 be arrested for a misdemeanor possession of 13 drugs, it would be another thing to have to go 14 back to explain to your wife or your boyfriend 15 or your family why your car has been seized as a 16 consequence of buying those drugs. 17 The Rochester Police Department 18 and the Rochester City neighborhood leaders 19 estimate that one-half of the drug sales in the 20 city of Rochester involve suburban drivers. 21 This would be a good deterrent to them if we 22 extended the forfeiture law to include 23 misdemeanor amounts of illegal substances. 4454 1 I think this is another important 2 tool to put in the hands of our police 3 officers. I would strongly recommend that we 4 support this motion so that we can bring this 5 issue to the table today. 6 ACTING PRESIDENT KUHL: The 7 motion is to discharge Senate Bill Number 2974 8 from committee. All those in favor of 9 discharging the bill from committee, signify by 10 saying aye. 11 (Response of "Aye.") 12 Opposed, nay. 13 (Response of "Nay.") 14 The motion is lost. 15 SENATOR DOLLINGER: Mr. 16 President. 17 ACTING PRESIDENT KUHL: Senator 18 Dollinger. 19 SENATOR DOLLINGER: I believe 20 there are four other motions that I would like 21 to consider as a package, and these are motions 22 with respect to Senate 3096, 3098, 3099 and 23 3101, Mr. President. 4455 1 ACTING PRESIDENT KUHL: Do you 2 wish to discuss those all at one time, Senator 3 Dollinger? 4 SENATOR DOLLINGER: Yes, if I 5 could, Mr. President. These are known as the 6 bawdy house bills, and I would like to see if I 7 can bring them before the floor. 8 ACTING PRESIDENT KUHL: Okay. 9 I -- the chair will recognize Senator Dollinger 10 for the purpose of explaining four discharge 11 motions, and then we will take up each motion 12 separately. 13 SENATOR DOLLINGER: Thank you, 14 Mr. President. 15 ACTING PRESIDENT KUHL: Senator 16 Dollinger. 17 SENATOR DOLLINGER: Thank you for 18 the courtesy of allowing me to consolidate them, 19 as well. 20 Mr. President. What this package 21 of bills does is it takes a century old concept 22 in the State of New York and applies it to a new 23 and threatening problem. In the early part of 4456 1 this century, Mr. President, this Legislature 2 recognized that community groups, civic groups, 3 police and landlords, should have the power to 4 enforce the laws of eviction and the laws of 5 criminal nuisance to prevent use of real 6 property for illicit purposes. 7 The illicit purpose in the 8 beginning of this century were as houses of 9 ill-repute. These were the brothels and other 10 similar places in which this Legislature decided 11 that we would do a number of things. One is, if 12 illegal activity was going on in the house, we 13 would allow the landlord to evict them on that 14 basis. We would extend the standing so that if 15 a community group or the attorney general -- if 16 the person lived within 200 feet of a bawdy 17 house, they could bring an action to evict the 18 illegal or illicit operation. In addition, it 19 would make -- we made criminal nuisance a felony 20 and allowed neighborhood groups to go in and 21 describe this criminal nuisance, which was a 22 form of ill-repute, and they would have the 23 standing under the law to bring an action for 4457 1 eviction. 2 What this package of bills does 3 is it takes the concept of a bawdy house and 4 applies it to what is a common problem in the 5 city of Rochester and in many other parts of the 6 state, the "crack" house, the drug house. It 7 gives people that live in the vicinity of those 8 drug houses civil remedies and the police civil 9 remedies and the Attorney General of this state 10 civil remedies so that they can evict the 11 tenants, so that they can toss people out of 12 these "crack" houses and drug houses inside the 13 city of Rochester. 14 They expand the scope of 15 standing. They allow community groups to have 16 standing to bring these actions. They expand 17 the geographic reach. Now it is 200 feet. If 18 these bills became law, it would be 1,000 feet. 19 Anyone living within 1,000 feet of a drug house 20 could bring an action to evict the tenant, and 21 it would also give the landlord express power to 22 remove a tenant when they are involved in 23 illegal drug operations, and it would expand the 4458 1 definition of criminal nuisance to make it a 2 felony, to put real teeth in these laws. 3 Mr. President. In the city of 4 Rochester, most of which I represent and Senator 5 Jones represents the other part, there is a 6 crying demand for those types of powers so that 7 the neighbor groups which are trying to save 8 parts of the city of Rochester have the 9 opportunity to use their power, the collective 10 power of the people, to evict people who are 11 engaged in drug activities. Everyone in this 12 chamber knows how deleterious the impact of a 13 drug house is, what it does to decay, what it 14 does to driving people out of the neighborhood, 15 how it disrupts families and how it disrupts the 16 functioning of a neighborhood. 17 Let's give the people of this 18 state the tools so that they can come forward 19 just as a century ago we allowed them to throw 20 out houses of ill-repute. Let's give them the 21 same power now and let's expand the powers to 22 throw out these terrible drug traps which catch 23 our children and the rest of our citizens. 4459 1 Mr. President. I would strongly 2 request that my colleagues support discharging 3 this package of bills so that we can take bawdy 4 houses and as we did away with them a century 5 ago, some day maybe drug houses will sound just 6 as archaic as bawdy houses do if we pass this 7 legislation. 8 I'd urge its support. 9 ACTING PRESIDENT KUHL: The first 10 motion is to discharge Senate Bill 3096 from 11 committee. 12 All those in favor of discharging 13 the bill from committee, signify by saying aye. 14 (Response of "Aye.") 15 Opposed, nay. 16 (Response of "Nay.") 17 The motion, close vote, is lost. 18 The second motion is to discharge 19 Senate Bill 3098 from committee. All those in 20 favor of discharging the bill from committee, 21 signify by saying aye. 22 (Response of "Aye.") 23 All those opposed, nay. 4460 1 (Response of "Nay.") 2 In a not-so-close-vote, the 3 motion is lost. 4 The next motion is to discharge 5 Senate Bill 3099 from committee. All those in 6 favor of discharging the bill from committee, 7 signify by saying aye. 8 (Response of "Aye.") 9 Those opposed, nay. 10 (Response of "Nay.") 11 The motion is lost. 12 Next motion is to discharge 13 Senate Print 3101 from committee. All those in 14 favor of discharging the bill from committee, 15 signify by saying aye. 16 (Response of "Aye.") 17 Opposed, nay. 18 (Response of "Nay.") 19 The motion is lost. 20 Senator Paterson. 21 SENATOR DOLLINGER: Mr. 22 President. I have two other motions, Mr. 23 President, and then I will sit down. 4461 1 I believe there is a motion at 2 the desk for 3102. 3 ACTING PRESIDENT KUHL: Senator 4 Dollinger. 3102? 5 SENATOR DOLLINGER: Yes, Mr. 6 President, the child stalking bill. 7 ACTING PRESIDENT KUHL: Yes, 8 there is. The chair recognizes Senator 9 Dollinger to present a motion to discharge. 10 SENATOR DOLLINGER: Mr. 11 President. Again, I ask just for a brief moment 12 to explain this bill. It's relatively simple. 13 This bill would attack what is becoming a more 14 common problem in this state, which is the 15 stalking of children, and this bill makes 16 conduct which currently constitutes harassment 17 in the second degree into aggravated harassment 18 in the second degree when that conduct is 19 committed against a child or is committed on 20 school grounds. 21 We had an incident in the Monroe 22 County area about a year ago in which a child 23 was followed by someone in a white car. They 4462 1 were importuned to come to the car. There were 2 things said to the child that would constitute 3 harassment; and after consultation with the 4 district attorney and representatives of law 5 enforcement in Monroe County, we determined that 6 the only thing to do was to increase the 7 penalties for aggravated harassment of a child 8 inside a school zone. That's what this bill 9 seeks to do. 10 We have talked a lot in this 11 chamber about the dangers of luring children 12 into cars. We have tools, some tools, at our 13 disposal. By enacting this, we would 14 substantially increase the penalty, and we would 15 make it very specific that the harassment of a 16 child inside a school zone constitutes a felony, 17 and we would send a clear message to anyone 18 whether it be a "childnapper", a child molester 19 or just one of those high school kids. He 20 decides he's going to have a little fun by 21 scaring the daylights out of a little girl on 22 her way home from school. The message would be 23 plain and simple, "We do not tolerate it and we 4463 1 are going do punish it as a crime." 2 I would, again, urge that this 3 bill be considered by this house. I believe it 4 will extend further protections to our children 5 and send a clear message to those who would 6 harass them for any reason, that they can not do 7 it. 8 Mr. President. I make the 9 motion. 10 ACTING PRESIDENT KUHL: The 11 motion is to discharge Senate Bill 3102 from 12 committee. All those favor of discharging the 13 bill from committee, signify by saying aye. 14 (Response of "Aye.") 15 Opposed, nay. 16 (Response of "Nay.") 17 The motion is lost. 18 SENATOR DOLLINGER: Mr. 19 President. I have one more that I would just 20 call before the house. 21 ACTING PRESIDENT KUHL: What is 22 the number, Senator Dollinger? 23 SENATOR DOLLINGER: Let me find 4464 1 it here, Mr. President. This would be Senate 2 Bill 3056, Mr. President. It deals with the 3 application of the Freedom of Information Law to 4 the Legislature. 5 ACTING PRESIDENT KUHL: Yes, 6 Senator Dollinger, the motion to discharge is at 7 the desk. Senator dis -- Senator Dollinger to 8 explain his motion to discharge. 9 SENATOR DOLLINGER: "Senator 10 Discharge" is that what I'm to be called, 11 Senator? 12 Mr. President. I thank you 13 again. This is a bill which would apply the 14 substance of the Freedom of Information Law to 15 the New York State Legislature. 16 As you all know, our Court of 17 Appeals recently held in the Weston against 18 Sloan case that certain documents held in the 19 possession of this Legislature would be 20 accessible to the public. Those documents 21 included documents that were specifically 22 related to the spending of taxpayer money. 23 However -- however, the Court 4465 1 held that items such as newsletters and 2 information on mass -- targeted mass mailings, 3 for example, are not subject to mandatory 4 disclosure. In my view in a tortuous route 5 through the intricacies of a statutory 6 interpretation of Public Officers Law, the Court 7 did hold that certain information was available 8 but that other types of information were not. 9 It seems to me that the concept that somehow we 10 can spends a portion of the taxpayers' money 11 without telling them what we're spending it on 12 and that there are other portions that we have 13 to disclose is a legal fiction that deserves no 14 credence in this house. 15 And, therefore, I would propose 16 that we debate this bill and apply all the terms 17 and conditions of the Freedom of Information Law 18 to ourselves. I would just point out that 19 anyone in this chamber, either under the prior 20 administration or under this administration 21 could go downstairs to the second floor and 22 demand to see the newsletters and the mailing 23 lists of any newsletter sent out by any agency 4466 1 in this state because it's the taxpayers' 2 money. We're spending their money, and under 3 those circumstances, the taxpayers should know 4 what we're doing. Instead -- instead, in this 5 chamber, if you were asked for your mass 6 mailings, a copy of your mass mailings or the 7 targeted list, for some reason at least under 8 what the Court of Appeals has had to say in 9 dicta in its earlier opinion, you might not have 10 the obligation to disclose that. 11 Why don't we just say enough is 12 enough. We are spending the taxpayers' money. 13 Let's tell them what we're spending. Let's not 14 keep any secrets from the public about how we 15 spend their money. Let's just put it right on 16 top of the table. Let's empty our pockets, show 17 them where the money goes and make the Freedom 18 of Information Law apply to the New York State 19 Legislature. 20 That's what this legislation 21 does. I know that Senator Bruno -- I suspect 22 that he would support this kind of move, because 23 he's opened up this house. He's begun the 4467 1 process of opening up this house. My hope is 2 that everyone on both sides of the aisle can 3 join in opening the rest of the books, not just 4 this chamber, perhaps, but the books, as well, 5 so that the people will know where and how we 6 are spending their money. 7 Mr. President. I make the motion 8 to discharge. 9 ACTING PRESIDENT KUHL: The 10 motion is to discharge Senate Bill Number 3057. 11 All those in favor of discharging 3056 from 12 committee, signify by saying aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (Response of "Nay.") 16 The motion is lost. 17 Chair would recognize Senator 18 Montgomery for purposes of a motion to 19 discharge. 20 SENATOR MONTGOMERY: Thank you, 21 Mr. President. I have a bill at the desk. 22 ACTING PRESIDENT KUHL: What is 23 the Senate bill number, Senator Montgomery? 4468 1 SENATOR MONTGOMERY: It's bill 2 number 1928 -- number 1998. I'm sorry. 3 ACTING PRESIDENT KUHL: 1998. 4 Senator Montgomery, the motion to 5 discharge is at the desk. Senator Montgomery to 6 explain the motion to discharge. 7 SENATOR MONTGOMERY: Thank you, 8 Mr. President. 9 This motion regards a bill that 10 is extremely important to residents in the State 11 of New York, and it is to let out of committee 12 my bill which would make it possible, at least 13 more possible to increase the number of needle 14 exchange programs in our state. 15 The purpose of this bill is to - 16 an attempt to reduce the spread of AIDS virus by 17 virtue of those persons who are intravenous drug 18 users sharing needles and, thereby, spreading 19 the disease of AIDS. 20 I want to point out, Mr. 21 President, that this legislation does a number 22 of things in addition to making nonprescription 23 needles legal, the possession of nonprescription 4469 1 needles legal in the State of New York. It 2 also, in fact, promotes safe needle disposal, 3 because in the needle exchange programs, in 4 order for a person participating in such a 5 program to receive a clean needle, they are 6 required to bring in a dirty needle; so that 7 they are not only to encouraged to bring in 8 their own needles, but, in many instances, they 9 would be encouraged to pick up dirty needles 10 that they may find and bring them in, in order 11 to receive clean needles. 12 Now, one of the results of 13 various programs up to date under the auspices 14 of the Department of Health and the New York 15 City Department of Health have proven that 16 people who are involved in intravenous drug use 17 are concerned about the fact that they can 18 contract AIDS and, thereby, do participate in 19 the program. 20 Now, it has been alleged that if 21 we have a needle exchange program or if we 22 legalize needles in the State of New York, we're 23 going to encourage drug use. Well, that has 4470 1 been proven not to be true. In fact, what 2 happens with needle exchange programs is because 3 these programs really target a very particular 4 population and they are conducted with that 5 population in mind, meaning that they are more 6 than likely to be conducted at the site where 7 the drug users are likely to have more access to 8 the program, they become a bridge or a 9 connection between the drug using people and the 10 drug treatment programs, and so they have acted 11 as a source of referral and as a connection 12 between getting treatment and getting off of 13 drugs, so that is one positive outcome that has 14 been the case in every single needle exchange 15 program to date. 16 In addition, my legislation 17 requires that each needle contain information in 18 terms of safe disposal of the equipment so that 19 people who are able to even purchase a clean 20 needle over the counter without a prescription 21 will still have the information that is required 22 in terms of safe disposal of the equipment. 23 My legislation stipulates that 4471 1 there will be no -- in cases where an insurance 2 company currently covers free needles for any 3 person so insured for whom a prescription needle 4 is required, such as a person with diabetes and 5 so forth, that insurance must continue to cover 6 the purchase of needles in those cases. 7 So, Mr. President, this really is 8 a measure that would save hundreds of thousands 9 of lives. It is estimated that of some over 10 200,000 people in the City of New York alone who 11 are currently IV drug users, some -- some - 12 over 50 percent of them are active HIV cases. 13 Now, in my district in Brooklyn, 14 I have the highest number of active HIV cases in 15 the whole borough of Brooklyn; and so as you can 16 see, Mr. President, this bill is extremely 17 important to constituents in my own district, 18 but I can tell you in no uncertain terms that it 19 is important to people throughout the state; and 20 if passed -- if passed, we in the state would 21 see an increase in the number of programs 22 targeting intravenous drug users as a group to 23 try and reduce the spread of this horrible 4472 1 disease. 2 So I ask, Mr. President, that 3 this body vote to allow this legislation to be 4 passed, vote yes on this motion, because we're 5 not voting on -- we're not voting on increasing 6 money in the budget. We're not changing 7 significantly our state laws. We are simply 8 removing an arcane and outdated provision which 9 says that if you possess a hypodermic syringe 10 and needle without a prescription, you are 11 likely to be arrested, and the purpose of that 12 law was to try and reduce drug use in the State 13 of New York. It has not been the case, and we 14 now are faced with the problem of having this 15 disease being spread to a very large degree by 16 people who either use drugs or their partners, 17 contracting the disease from them, passing it on 18 to their partners. 19 So, Mr. President, I ask for a 20 yes vote on this motion to discharge. 21 ACTING PRESIDENT KUHL: The 22 motion is to discharge Senate Bill 1998 from 23 committee. All those in favor of discharging 4473 1 the bill from committee, signify by saying aye. 2 (Response of "Aye.") 3 Opposed, nay. 4 (Response of "Nay.") 5 The motion is lost. 6 Senator Paterson, that completes 7 your list of motions to discharge, I believe, 8 does it not? 9 SENATOR PATERSON: Yes, Mr. 10 President. You know, I attended Columbia 11 University whose football team lost 40 straight 12 NCAA games, so this doesn't hurt me. I'm not 13 hurt at all. 14 Thank you, Mr. President. 15 ACTING PRESIDENT KUHL: You still 16 have about 28 motions to go. 17 (Laughter.) 18 Senator Larkin, we have a little 19 housekeeping. May we return to motions and 20 resolutions? 21 SENATOR LARKIN: Return to 22 motions. 23 ACTING PRESIDENT KUHL: We will 4474 1 return to motions. 2 The chair recognizes Senator 3 DiCarlo. 4 SENATOR DiCARLO: Mr. President. 5 On behalf of Senator Hannon, please place a 6 sponsor star on Calendar Numbers 316 and 378. 7 ACTING PRESIDENT KUHL: Sponsor 8 star will be placed on Calendars Number 316 and 9 378. 10 For the benefit of the members, 11 the chair would announce to the membership that 12 we have had a cross on three of the 13 appropriation bills, Calendar Numbers 390, 391 14 and 392. 15 The Senate has requested to 16 recall those bills which is currently in 17 process. We will bring them back and substitute 18 them for the Assembly bills which had been 19 passed for the Senate bills, and then we will 20 take them up. However, they are not at the desk 21 at this time, so we'll have to -- unless the 22 acting Majority Leader has some other business, 23 we would have to stand at ease. 4475 1 Senator Larkin. 2 SENATOR LARKIN: Mr. President. 3 Let's stand at ease until we get them back here. 4 ACTING PRESIDENT KUHL: Senate 5 will stand at ease for a few moments. 6 (Whereupon, the Senate was at 7 ease.) 8 ACTING PRESIDENT KUHL: Senate 9 will come to order. Chair recognizes Senator 10 Larkin. 11 SENATOR LARKIN: Mr. President. 12 I'd like to have you call up Senate Print Number 13 4079, which was recalled from the Assembly and 14 is now at the desk. 15 ACTING PRESIDENT KUHL: Secretary 16 will call the roll on reconsideration. 17 THE SECRETARY: Senate Bill 18 Number 4079, Budget Bill, an act making 19 appropriation for the support of government. 20 SENATOR LARKIN: Mr. President. 21 I now move to reconsider the vote by which this 22 bill was passed and ask that the bill be 23 restored to the order of third reading. 4476 1 ACTING PRESIDENT KUHL: The 2 secretary will call the roll on reconsideration. 3 (The Secretary called the roll on 4 reconsideration.) 5 THE SECRETARY: Ayes 51. 6 ACTING PRESIDENT KUHL: The bill 7 is before the house and restored to third 8 reading. 9 Senator Larkin. 10 SENATOR LARKIN: Mr. President. 11 I now move to discharge, from the Committee on 12 Rules, Assembly Print 7353, and substitute it 13 for the identical bill before. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the substitution. 16 THE SECRETARY: Senate Budget 17 Bill, making appropriation for the support of 18 government, Assembly Bill 7353, and sub' it for 19 identical bill Calendar Number 390. 20 ACTING PRESIDENT KUHL: 21 Substitution is ordered. 22 Secretary will read the last 23 section. 4477 1 THE SECRETARY: Section 4. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 52. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 Senator Larkin. 10 SENATOR LARKIN: Mr. President. 11 I now wish to call Senate Print Number 4080 12 recalled from the Assembly, which is now at the 13 desk. 14 ACTING PRESIDENT KUHL: Secretary 15 will read. 16 THE SECRETARY: Senate Bill 4080, 17 an act to provide for payments to municipalities 18 and providers of medical services. 19 ACTING PRESIDENT KUHL: Senator 20 Larkin. 21 SENATOR LARKIN: I now move to 22 reconsider the vote by which this bill was 23 passed and ask the bill be restored to the order 4478 1 of third reading. 2 ACTING PRESIDENT KUHL: The 3 secretary will call the roll on reconsideration. 4 (The Secretary called the roll on 5 reconsideration.) 6 THE SECRETARY: Ayes 52. 7 ACTING PRESIDENT KUHL: The bill 8 is before the house. 9 Senator Larkin. 10 SENATOR LARKIN: I now move to 11 discharge, from the Committee on Rules, Assembly 12 Print 7354 and substitute it for our original 13 bill 4080. 14 ACTING PRESIDENT KUHL: 15 Substitution is ordered. 16 Secretary will read. 17 THE SECRETARY: Calendar Number 18 391, Budget Bill, Assembly Bill 7354, an act to 19 provide for payments to municipalities and to 20 providers of medical services. 21 ACTING PRESIDENT KUHL: Read the 22 last section. 23 THE SECRETARY: Section 2. This 4479 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 52. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 Senator Larkin. 9 SENATOR LARKIN: Mr. President. 10 I wish to call up Senate Bill 4081, recalled 11 from the Assembly, which is now at the desk. 12 ACTING PRESIDENT KUHL: Secretary 13 will read. 14 THE SECRETARY: Senate Bill 4081, 15 Budget Bill, an act making appropriation for the 16 support of government. 17 SENATOR LARKIN: I now move to 18 reconsider the vote by which this bill was 19 passed and ask that the bill be restored to the 20 order of third reading. 21 ACTING PRESIDENT KUHL: The 22 secretary will call the roll on reconsideration. 23 (The Secretary called the roll on 4480 1 reconsideration.) 2 THE SECRETARY: Ayes 52. 3 ACTING PRESIDENT KUHL: The bill 4 is restored to third reading. 5 SENATOR LARKIN: Mr. President. 6 I now move to discharge, from the Committee on 7 Rules, Assembly Bill Print Number 7353 and 8 substitute it for 4081, Senate Bill. 9 ACTING PRESIDENT KUHL: 10 Substitution is ordered. 11 Secretary will read. 12 THE SECRETARY: Calendar Number 13 352, Budget Bill, Assembly 7355, an act making 14 appropriation for the support of government. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 52. 23 ACTING PRESIDENT KUHL: The bill 4481 1 is passed. 2 Senator Larkin. 3 SENATOR LARKIN: Is there any 4 other housekeeping to be done? 5 ACTING PRESIDENT KUHL: Nothing 6 at the desk, Senator Larkin. 7 SENATOR LARKIN: Mr. President. 8 There being no further business, I move we 9 adjourn until Tuesday, April 11, at 3:00 p.m. 10 sharp. 11 ACTING PRESIDENT KUHL: Without 12 objection, the Senate will stand adjourned until 13 tomorrow, Tuesday, April 11, at 3:00 p.m. 14 (Whereupon, at 4:29 p.m., Senate 15 adjourned.) 16 17 18 19 20