New York Freedom Riders: updated 06-27-08 www.newyorkfreedomriders.com
New York State Legislative session ended June 24, 2008
2008 New York Legislation -Rights
Defense related:
Bill Numbers: A03585A [No same as]
Assembly Sponsor: Barra
COSPNSR Rivera P, Diaz L, Seminerio, Alfano, Errigo, Weisenberg
MLTSPNSR Christensen, Miller, Pheffer, Rivera J, Robinson
Amd SS265.00 & 400.00, Pen L; add S9.65, Ment Hyg L
Relates to the certification of persons not suitable to possess a firearm or self-defense spray device.
Assembly Status: 01/26/2007 referred to mental health
06/04/2007 amend (t) and recommit to mental health
06/04/2007 print number 3585a
01/09/2008 referred to mental health
Bill Number: A05335 [No same as]
Assembly Sponsor: Rivera P
Amd SS170.10, 180.10, 210.15, 220.60 & 440.10, CP L
Requires a defense attorney to advise a defendant that if he is an alien and he is convicted of a crime, whether by plea or trial, such conviction may result in his deportation; allows a withdrawal of a plea of guilty by
an alien if such alien is threatened with deportation and such alien is not so advised of such threat of deportation.
Assembly Status: 02/15/2007 referred to codes
01/09/2008 referred to codes
06/17/2008 held for consideration in codes
Bill Number: A08182A/S07173
Assembly Sponsor: McDonough
COSPNSR Walker, Hawley
Senate Sponsor: Maziarz
Rpld & add SS35.15, 35.20 & 35.25, Pen L
Authorizes a person to use physical force, including deadly physical force in defense of a person, in defense of a premises or in defense of a dwelling, residence or vehicle under specific circumstances; creates a
presumption that a reasonable fear of death or great bodily harm exists under certain circumstances. [Repeal the "duty to retreat" clause]
Assembly Status: 05/07/2007 referred to codes
01/09/2008 referred to codes
02/29/2008 amend and recommit to codes
02/29/2008 print number 8182a
Senate Status: 03/17/2008 REFERRED TO CODES
DNA related:
Bill Number A04416 [No same as]
Assembly Sponsor: Brodsky
COSPNSR Galef
Add S2500-h, Pub Health L
Requires hospitals to provide parents of newborns with the option to have a DNA test performed on their child or have a blood sample taken from the child and preserved for future DNA testing.
Assembly Status: 02/02/2007 referred to health
01/09/2008 referred to health
Bill Number A06617 [No same as]
Assembly Sponsor: Townsend
COSPNSR Kirwan
MLTSPNSR Bacalles, Ball, Barclay, Calhoun, Cole, Crouch, Errigo, Fields, Finch Giglio, Hawley, Kolb, Mayersohn, McKevitt, Molinaro, Oaks, O`Mara, Raia, Reilich, Sayward, Thiele, Tobacco
Amd Art 160 Art Head, SS130.60 & 150.70, add S160.70, CP L; amd SS995 & 995-c,
Exec L; add S195.09, amd S60.35, Pen L
Expands the New York state DNA identification index to include the DNA profiles of all individuals arrested for fingerprintable offenses in the state.
Assembly Status: 03/14/2007 referred to codes
01/09/2008 referred to codes
04/29/2008 held for consideration in codes
Bill Number A09974A/ S6726A
Assembly Sponsor: Schimminger
COSPNSR: Aubertine, Carrozza, Cusick, DelMonte, Fields, Gabryszak, Galef, Koon
MLTSPNSR : Eddington, Latimer, Magee, Reilly, Seminerio, Sweeney
Senate Sponsor: Defrancisco
COSPNSR: Skelos, Volker, Alesi, Bonacic, Flanagan, Griffo, Larkin, Leibell, Maltese, Morahan, Padavan, Trunzo, Winner, Alesi, Bonacic
Amd SS995, 995-c, 995-f & 995-b, Exec L; amd SS160.50, 190.25, 240.40 & 440.30,
CP L; amd S65.10, Pen L; amd S8-b, Ct Claims Act
An act to amend the executive law and the criminal procedure law, in relation to collection of DNA samples from designated offenders; to amend the executive law, in relation to collection and preservation of
biological evidence; to establish a commission for exoneration review; to amend the criminal procedure law, in relation to access by defendants to DNA evidence, and procedures for consideration of
post-conviction relief; to amend the penal law, in relation to conditions of probation and conditional discharge; and to amend the court of claims act, in relation to claims for unjust conviction and imprisonment;
and providing for the repeal of certain provisions upon expiration thereof
Assembly Status: 02/08/2008 referred to correction
03/03/2008 reference changed to codes
05/12/2008 amend (t) and recommit to codes
05/12/2008 print number 9974a
Senate Status: 01/11/2008 Referred to Finance
05/07/2008 AMEND (T) AND RECOMMIT TO FINANCE
05/07/2008 PRINT NUMBER 6726A
05/13/2008 1ST REPORT CAL.1135
05/14/2008 2ND REPORT CAL.
05/19/2008 ADVANCED TO THIRD READING
06/10/2008 MOTION TO AMEND LOST
06/10/2008 PASSED SENATE
06/10/2008 DELIVERED TO ASSEMBLY
06/10/2008 referred to codes
Licenses
Bill Number: A07531 [No same as]
Assembly Sponsor: Peralta
COSPNSR Wright
MLTSPNSR Bradley, Brennan, Diaz L, Diaz R, Espaillat, Gottfried, John, Kirwan, Mayersohn, Rivera J, Rivera P, Thiele
Add S531, V & T L
Authorizes the commissioner to issue driving privilege cards to persons not otherwise qualified to receive a driver’s license.
Assembly Status: 04/18/2007 referred to transportation
01/09/2008 referred to transportation
Bill Number A09468/ S6484
Assembly Sponsor: Fields
COSPNSR Clark, Alessi, Abbate, Christensen, Schroeder, Eddington, Englebright Cusick, Gunther, Ball, McKevitt, Molinaro, Walker, Tobacco, McDonough Duprey, Kolb, Reilich, Crouch, Quinn, Calhoun,
Hawley, Burling, Sayward, Gabryszak, Rabbitt
MLTSPNSR Bacalles, Barra, Boyland, Lopez P, Miller, Oaks, Raia, Saladino, Scozzafava, Thiele, Townsend, Zebrowski K
Senate Sponsor: Padavan
COSPNSR: Flanagan, Leibell, Libous, Lanza, Alesi, Bonacic, Bruno, Defrancisco, Farley, Fuschillo, Golden, Griffo, Hannon, Johnson O, Larkin, Lavalle, Little, Maltese, Marcellino, Maziarz, Nozzolio, Rath, Saland,
Seward, Skelos, Trunzo, Volker, Winner, Wright, Young,
Amd SS490 & 502, V & T L
Requires applicants for driver’s licenses and non-driver identification cards to provide proof of United States citizenship or, if an alien, proof of lawful presence in the United States.
Assembly Status: 10/16/2007 referred to transportation
01/09/2008 referred to transportation
Senate Status: 10/11/2007 Referred to rules
10/22/2007 ORDERED TO THIRD READING CAL.2167
10/22/2007 Passed Senate
10/22/2007 Delivered to Assembly
10/22/2007 referred to transportation
01/09/2008 died in assembly
01/09/2008 returned to senate
01/09/2008 Referred to Transportation
Bill Number A10872 [no same as] SPONSOR DelMonte COSPNSR Add S190.22, Pen L Requires identification for anyone over sixteen years of age to be on their person at all times. Assembly Status: 05/07/2008 referred to codes
OTHER:
Bill Number: A05275 [No same as]
Assembly Sponsor: Perry
COSPNSR
MLTSPNSR Benjamin, Gottfried, Greene, Jacobs, Lafayette, Lopez V, Mayersohn, Ortiz, Rivera J, Rivera N, Wright, Young
Add S209-ff, Gen Muni L; amd SS3 & 3-b, Pub Off L
Authorizes localities to remove citizenship requirements for police and firefighters in their jurisdictions; removes citizenship requirements for certified public officials.
Assembly Status: 02/13/2007 referred to governmental operations
01/09/2008 referred to governmental operations
Bill Number: S06543A [No same as]
Senate Sponsor: Flanagan
COSPNSR: Defrancisco, Farley, Fuschillo, Johnson O, Larkin, Lavalle, Leibell, Little, Maltese, Maziarz, Nozzolio, Padavan, Rath, Saland, Seward, Trunzo, Volker, Winner, Wright, Young
Amd S5-102, El L
Requires individuals to provide proof of citizenship to register to vote. directs the state board of elections to promulgate rules and regulations establishing which forms of proof of the qualifications to vote can be
accepted by boards of elections.
Senate Status: 12/05/2007 Referred to rules
01/09/2008 Referred to elections
06/16/2008 AMEND AND RECOMMIT TO ELECTIONS
06/16/2008 PRINT NUMBER 6543A
06/18/2008 COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/18/2008 ORDERED TO THIRD READING CAL.1992
06/19/2008 PASSED SENATE
06/19/2008 DELIVERED TO ASSEMBLY
06/19/2008 referred to election law
Snowmobile Trail Development and Maintenance Funds/Special Revenue Funds 2008
Bill Numbers: A10732/ S7976
Assembly Sponsor: Hawley
COSPNSR: Lopez P, Tedisco, Hayes, Reilich, Molinaro, Raia, Quinn, Townsend, Crouch, McKevitt, Duprey, Calhoun, Sayward, Barclay, Fields, Saladino, Kolb, Burling
MLTSPNSR Bacalles, Reilly, Walker
Senate Sponsor: Maziarz
Add S73, St Fin L
Prohibits the transfer of unexpended moneys from funds receiving moneys from a dedicated fee into any other fund.
Assembly Status: 04/29/2008 referred to ways and means
06/19/2008 held for consideration in ways and means
Senate Status: 04/28/2008 REFERRED TO FINANCE
Bill Numbers: A11009/ S8144
Assembly Sponsor: Destito
COSPNSR Morelle, DelMonte, Magee
Senate Sponsor: GRIFFO
COSPNSR: Little, Young, Seward, Volker, Alesi, Bonacic, Bruno, Defrancisco, Farley, Golden, Hannon, Johnson O,Larkin, Lavalle, Leibell, Libous, Maltese, Marcellino, Maziarz, Morahan, Nozzolio, Padavan,
Rath, Robach, Saland, Skelos, Trunzo, Winner
Amd S27.17, Pks & Rec L
Relates to monies for snowmobile trail development and maintenance; requires reporting to the legislature on the disbursement of such monies; and authorizes the state comptroller to transfer certain monies related to the
2007-2008 budget to the snowmobile trail development and maintenance fund.
Assembly Status: 05/13/2008 referred to tourism, arts and sports development
06/18/2008 reported referred to ways and means
Senate Status: 05/02/2008 REFERRED TO TOURISM, RECREATION AND SPORTS DEVELOPMENT
05/14/2008 REPORTED AND COMMITTED TO FINANCE
05/20/2008 1ST REPORT CAL.1316
05/21/2008 2ND REPORT CAL.
05/27/2008 ADVANCED TO THIRD READING
06/16/2008 PASSED SENATE
06/16/2008 DELIVERED TO ASSEMBLY
06/16/2008 referred to tourism, arts and sports development
Bill Number: S07795A [No same as]
Senate Sponsor: Marcellino
Amd S4, St Fin L
Provides that special revenue funds shall not be transferred or loaned temporarily without specific statutory authority.
Senate Status: 04/28/2008 REFERRED TO FINANCE
05/02/2008 AMEND AND RECOMMIT TO FINANCE
05/02/2008 PRINT NUMBER 7795A
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NYSSA
GOVERNMENT AFFAIRS UPDATE -- June 26, 2008
from
Nick Barrella , Capitol Group
The 2008 legislative session has concluded with both the Senate adjourning on
Tuesday, June 24th and the Assembly on Wednesday, June 25 at 12:27 AM. The
legislative leaders ended this year’s legislative session, which has been one of
the more bizarre periods, highlighted by the departure of its two biggest power
brokers.
The six-month session ended nothing like it began: with a new Governor, David
Paterson, who replaced the disgraced Eliot Spitzer in March, and new Senate
majority leader, Dean Skelos, who was voted Tuesday evening as the Legislature’s
top Republican following Monday’s surprising retirement announcement by Senate
Majority Leader Joseph L. Bruno.
NYSSA’s legislation, S8144 Griffo, unanimously passed the Senate on June 16th.
The Assembly bill, A11009 Des***o was reported out of the Assembly Tourism
Committee on June 18th but was not able to get out of the Assembly Ways & Means
Committee for a vote. The argument by Assembly leadership was that advancing
this legislation would have the undesirable effect of reopening the State Budget
to other amendments.
However, the passage of this legislation by the Senate coupled with the enormous
grassroots effort by our clubs and their members and Assemblywoman Des***o’s
meeting with the Budget Director, has provided NYSSA with the leverage needed to
bring the NYS Division of Budget to the table in order to discuss a resolution
to the unwarranted sweep of the trail fund.
On Wednesday, June 25th, President Mike Fischer and NYSSA’s lobbyists met with
NYS Budget Director Laura Anglin, DOB Deputy Director Mary Beth Labate, Andy
Beers, Executive Deputy Commissioner, OPRHP, Peter Finn, Deputy Commissioner for
Finance & Administration, OPRHP, Mike Schell, Senior Advisor for
Intergovernmental Affairs to the Governor, Steve Longo, Counsel to Assemblywoman
Des***o, and Geri Purcell, Administrative Assistant to Senator Griffo. President
Fischer presented the position and concerns of NYSSA to the Budget Director.
Essentially Fischer made the following case:
· The $1 million that was “swept” didn’t come from taxpayers --- it came
entirely from the registration fees paid by snowmobilers for the expressed sole
purpose of maintaining and developing the statewide trail system. Trail
maintenance is critical to safety and the top priority for the 237 snowmobile
clubs throughout the state who willingly assume responsibility for maintaining
the trail system and volunteer over 250,000 hours of labor each year.
· Snowmobiling in New York State generates an economic impact of over $1 billion
based upon NYSSA estimates. This tremendous economic engine doesn’t just happen-
it is the result of partnerships between the thousands of volunteers,
landowners, and the 55 local governments who sponsor the snowmobile trail
program.
· Many snowmobilers will simply refuse to register their snowmobiles, believing
that they have been misled about the purpose of the registration fees. If this
happens, the trail fund will not have enough to reimburse the ever-increasing
club trail expenses. Club membership dues revenues will also decrease. Add to
these factors the likely more than $5 per gallon diesel fuel costs for this
upcoming season, and snowmobiling in New York will be in a crisis mode.
· Many snowmobilers believe this trust has been violated by the budget sweep.
Fischer asked for help to restore this trust by asking the state to return the
funds that we paid into the trail system.
Overall, the meeting was informative and productive. During the meeting, the
legislative aides and the Governor’s representatives noted the tremendous
outpouring of concern expressed by snowmobilers through contacts with their
elected legislators as well as to Governor Paterson. The budget director also
specifically mentioned the press activity surrounding this issue. NYSSA members
have done great work in helping to shape this important public policy and should
be proud of their efforts.
Another meeting with DOB is planned for Thursday, July 3rd to see if an
agreement can be reached on the restoration of the funds and to avoid this
situation in the future. NYSSA leadership remains optimistic that the Governor
will direct staff to resolve the concerns of the snowmobilers in New York State.
Until the meeting, we will again be asking the clubs and their members to send a
new model letter (pdf) to the Governor in order to keep the pressure on the
DOB for a favorable resolution to the sweep issue.