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WBASNY Legislative Update

By Susan W. Kaufman, Chair, WWBA Legislation Committee and Co-Chair, WBASNY Legislation Committee

The following is an update of WBASNY's position on legislation following the end of the 2004-5 legislative year and commencement of the 2005-6 legislative year.

 

No-Fault Divorce: WBASNY took an active position favoring no- fault divorce in 2004-5 although no legislation was actually enacted.  In 2004-5, WBASNY testified before the Matrimonial Commission, sent a representative to the Assembly Roundtable Discussions on no- fault organized by Assemblywoman Helene Weinstein, discussed the need for a no-fault statute in New York in Albany in April, 2005 with the Chairs of the Senate and Assembly Judiciary Committees, and was quoted on the subject in The New York Times and the New York Law Journal.

 

In addition, WBASNY President Andrea Phoenix's letter regarding no-fault divorce was published in the Legislative Gazett e in June 2005 in response to the editorial letter written by Marcia Pappas, president of New York State National Organization of Women, opposing no-fault divorce in New York State.  Ms Phoenix's letter is available on line on WBASNY's website. Speaking for WBASNY, Ms. Phoenix pointed out in said letter that:

 

“Eliminating the requirement of fault to obtain a divorce will not, of course, solve all the barriers to ensuring just results in “divorce court”. For this reason, WBASNY supports enactment of no-fault divorce in the context of comprehensive reform that also addresses the pressing need for adequate counsel and expert fees for the less-monied spouse, the guarantee that all issues would be resolved prior to entry of Final Judgment, and provisions to prevent one party from unilaterally draining all the marital assets before the court can resolve financial issues.”

 

WBASNY is hoping to see legislation drafted this year, which will contain the safeguards for the less-monied spouse and victims of domestic violence and children, referred to by Ms. Phoenix. For more detail on these safeguards, please see WBASNY's Testimony before the Matrimonial Commission in May 2005, which is available on line on the WBASNY website.

 

Emergency Contraception: The Paulin Spano bill on Emergency Contraception, which WBASNY strongly supported for the last two years, was vetoed by Governor Pataki in August of this year.  The bill would have allowed New York State pharmacists and registered nurses to dispense emergency contraception from a non-patient specific order written by either a licensed physician, certified nurse practitioner or a licensed midwife. A letter from WBASNY signed by President Andrea Phoenix urging the Governor to sign the bill was delivered to Governor Pataki prior to his veto of the bill. In the coming year, we will continue our efforts to promote legislation designed to increase women's access to emergency contraception.

 

Death Penalty: WBASNY testified against reinstatement of the death penalty in 2004-5 at Assembly Hearings. We will continue to oppose efforts to reinstate the death penalty in 2005-6 for the reasons stated in our written Testimony, which can be found on the WBASNY website.

 

Legislation providing for same sex marriage in New York: In March 2004, WBASNY testified in favor of same sex marriage at the New York Legislature's Public Forum on this subject. WBASNY lobbied in favor of such legislation in Albany in both 2004 and 2005. We will continue to support this legislation in 2006.

 

In addition to the above, WBASNY actively lobbied for a number of other bills relating to protection of children and victims of domestic violence in 2004-5, which we will continue to support in 2005-6. These bills include:

 

1) Legislation on children's issues: One such bill would provide that the fact that a person is in a position of trust shall be deemed an aggravating factor to be taken into account in sentencing a person who has committed a sexual assault against a child (S.480 Skelos / A.508 Koon). The other bill would expand the limited list of offenses concerning which a "vulnerable child witness" may testify in a criminal proceeding by closed-circuit television to include murder. The current list permits such testimony concerning sex offenses and incest only. (S.470, Saland / A.3194 Schimminger). Note that in 2003-4, WBASNY was instrumental in getting passed a bill that allowed children age 14 and under who are vulnerable witnesses to testify via closed circuit TV. 
 
2) Domestic Violence Legislation One such bill would expand the jurisdiction of the family and criminal courts to grant orders of protection (A.5052, Weinstein / S4303 Spano). Another bill would provide for fixed orders of protection in criminal cases in excess of the normal periods currently provided in the law and require a substantial change in circumstances to modify such an order (A.1972, Paulin / S.318 Saland).

 

New Matters

The Legislation Committee Agenda for the WBASNY meeting in September contains a number of important new matters, which the WBASNY Committee, after consultation with other appropriate WBASNY Committees, may decide to bring to the WBASNY Board for consideration. To name just a few of such matters, the Committee will discuss reauthorization of the federal Violence Against Women Act S. 1197 and H. R. 2876, which is coming up for reauthorization on September 30, 2005 in the US Congress and two state bills proposed in New York criminalizing Human Trafficking.

In addition, at the September meeting and throughout the year, the WBASNY Legislation Committee will consider a number of other bills relating to issues of importance to WBASNY. Please feel free to contact me if you would like to suggest a bill for the Committee's consideration.


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