Subject: S.7243-B / RULES Governor’s Program Bill #47 (AN ACT to amend the vehicle and traffic law, in relation to establishing a congestion pricing program in the city of New York; to amend the public authorities law, in relation to establishing a metropolitan transportation authority traffic congestion mitigation fund; to amend the tax law, in relation to eliminating an exemption from the parking tax for certain residents of the city of New York; to amend the vehicle and traffic law, in relation to establishing residential parking systems in the city of New York; to amend the public officers law, in relation to confidentiality of certain public records; to amend the New York city charter and the administrative code of the city of New York, in relation to a transit enhancement fund; to amend the tax law, in relation to the congestion pricing fee credit; and providing for the repeal of certain provisions upon expiration thereof)

A.9453 -- Creating crimes of criminal possession of a chemical or biological weapon Governor’s Program Bill #87 -- Amends the criminal procedure law . . . in relation to acts of terrorism Position: Opposed These bills seek to deter acts of terrorism by applying criminal sanctions for the possession or deployment of certain weapons of mass destruction, including biological and chemical weapons. The NYCLU finds both proposals contain serious flaws and urges the Legislature to oppose the legislation as drafted. In each case, the proposed legislation would criminalize behavior that is not terroristic in nature, and would impose penalties that are excessive in relation to the criminal act. The federal antiterrorism statute contains broad exemptions for what is considered prophylactic, protective or otherwise peaceful uses of biological agents or chemical weapons used in industrial or agricultural research; medical or pharmaceutical applications; or for law-enforcement purposes and unrelated military purposes. The federal statute also defines chemical weapons with reference to international conventions to which the United States is a signatory. Yet, the Governor’s Program Bill fails to incorporate the federal definitions and standards.

A.11723/ Lentol et al. -- AN ACT to amend the criminal procedure law, the penal law, the public health law, the executive law, the state technology law, and the transportation law, in relation to enacting new terrorism related crimes and enhancing the public safety Position: OPPOSE This bill represents a major policy initiative regarding the state’s response to terrorism. However the bill appeared in print on June 23, 2004 – one day after the final day of the 2004 legislative session, according to the legislature’s published calendar. There are reports of a possible agreement on this bill with the Senate leadership.

A.11723/ Lentol et al. -- AN ACT to amend the criminal procedure law, the penal law, the public health law, the executive law, the state technology law, and the transportation law, in relation to enacting new terrorism related crimes and enhancing the public safety Position: OPPOSED This bill represents a major policy initiative regarding the state’s response to terrorism. However the bill appeared in print on June 23, 2004 -- one day after the final day of the 2004 legislative session, according to the legislature’s published calendar. There are reports of a possible agreement on this bill with the Senate leadership.

Subject: S.5823/ Balboni et al. -- AN ACT to amend the criminal procedure law, the penal law and the executive law, in relation to creating the crimes of criminal possession/use of a chemical or biological weapon Position: OPPOSED This legislation is intended to deter acts of terrorism that involve the use or possession of biological or chemical weapons. The bill would create four new felony offenses, two of which are classified as A-1 felonies with a mandatory penalty of life without parole. As with the Antiterrorism Act of 2001, this proposal, first introduced in October 2001, reflects a new assessment of the dangers posed to the public safety by acts of terrorism. And as with the Antiterrorism Act of 2001, this bill is being advanced without sufficient public deliberation and comment in the Legislature regarding the appropriate role of the State in responding to potential or actual acts of terrorism.

A.9453 -- Creating crimes of criminal possession of a chemical or biological weapon Governor’s Program Bill #87 -- Amends the criminal procedure law . . . in relation to acts of terrorism Position: Opposed These bills seek to deter acts of terrorism by applying criminal sanctions for the possession or deployment of certain weapons of mass destruction, including biological and chemical weapons. The NYCLU finds both proposals contain serious flaws and urges the Legislature to oppose the legislation as drafted. In each case, the proposed legislation would criminalize behavior that is not terroristic in nature, and would impose penalties that are excessive in relation to the criminal act. The federal antiterrorism statute contains broad exemptions for what is considered prophylactic, protective or otherwise peaceful uses of biological agents or chemical weapons used in industrial or agricultural research; medical or pharmaceutical applications; or for law-enforcement purposes and unrelated military purposes. The federal statute also defines chemical weapons with reference to international conventions to which the United States is a signatory. Yet, the Governor’s Program Bill fails to incorporate the federal definitions and standards.

A.9184-A/ Klein et al. S.6517/ Fuschillo -- AN ACT to amend the state technology law and the general business law, in relation to notifying individuals when an unauthorized person has acquired certain personal information from a computerized information system Position: SUPPORT This bill would require state agencies and private companies to notify individuals in the event that their confidential computerized information is the subject of a security breach. Companies or government agencies that fail to disclose that a breach of their databases has occurred would be liable for civil damages. The bill parallels a California law enacted in September 2002 that was prompted in part by a massive security breach in the state’s payroll database. Hackers obtained access to social security numbers, bank account information and home addresses of 265,000 state employees, including Governor Gray Davis. To make matters worse, the California Controller’s Office failed to notify state employees for over two weeks after discovering the breach.

Statement in Opposition to Anti-Terrorism Legislation Now Pending in the New York State Legislature March 12, 2003 Introduction