Assemblyman McDonough’s Comments On 2007 Session

What started out as a productive, and possibly historic, legislative session has digressed into an unfocused endeavor during the last two weeks of the 2007 Legislative Session. Issues such as workers’ compensation reform, civil confinement, rules and ethics reform opened the door to many possibilities this year.

The Assembly leadership’s focus should be on issues of importance to all New Yorkers, especially Long Islanders, such as property and school tax relief, economic development and stimulation, and job retention and growth. The foundation for a better New York can only be successful by providing our residents with property tax relief, a strong and stable economy and a viable job market.

During the last week of session, I was proud to sponsor two pieces of legislation that passed both houses and now await the governor’s signature, “Katie’s Law” and the “New York State Airline Passengers’ Bill of Rights”.

When drivers get behind the wheel drunk, innocent motorists are killed. Prosecutors across the state will now have the tools necessary to punish individuals who choose to drink and drive and, as a result, seriously injure or kill. The passage of Katie’s Law will create the new charge of Aggravated Vehicular Homicide, punishable by up to 25 years in prison. The new crime would be filed against drivers who:

  • Have a BAC of .18 or higher;
  • Have a prior DWI conviction within the last 10 years;
  • Caused a crash that resulted in the death of more than one person;
  • Caused a crash that killed one person and severely injured another; or
  • Was driving drunk with a suspended or revoked license from any state.

Another highlight was the passage of the New York State Airline Passengers’ Bill of Rights. When enacted, airlines at New York airports would be required to provide snacks and water, fresh air and power, and working rest rooms to passengers on any plane that is on the tarmac for more than three hours. While federal law places restrictions on what individual states can do when it comes to legislation relating to air travel, federal courts have held that the provision of “amenities” for air travelers is one area that states can legitimately address.