Discord in Albany over penalty for fake references Dueling bills as legislative session nears end
ALBANY – Efforts to crack down on people who give bogus references for nannies and other child care workers have hit a snag at the state Capitol.
Differences between the Senate and Assembly over how severe the criminal penalties should be for those caught giving false references have stalled efforts to craft a unified bill, lawmakers said. And with only a few days left before the Legislature ends its annual session, lawmakers are running out of time to reach a deal.
“We are having discussions about how to resolve these issues, but we are not there yet,” said Assemblyman Steve Otis (D-Westchester).
Otis and State Sen. Andrew Lanza (RStaten Island) have both introduced versions of “Lulu and Leo’s Law,” which is named for the children stabbed to death in 2012 by nanny Yoselyn Ortega.
During Ortega’s trial earlier this year, the victims’ parents, Kevin and Marina Krim, testified that they relied heavily on what turned out to be bogus background information provided on behalf of Ortega by her sister.
Lanza’s bill would make it a felony to knowingly provide a false written statement or reference to a potential employer of a child care worker. Otis’ bill, however, makes the offense only a Class B misdemeanor, which carries a maximum jail sentence of three months.
Lanza said he’s willing to compromise by making it a Class A misdemeanor, which carries a penalty of up to a year in jail, but is not certain if the Assembly is willing to go along with it. “I think there are pockets of resistance there,” he said.
Otis declined to discuss the specifics of the negotiations
In an email to the Daily News, Kevin Krim said he will keep pushing for the new law even if lawmakers can’t reach a deal by Wednesday’s end of the session.
“I feel like everyone’s goals were deterrence and accountability, and most importantly, getting something done as soon as possible to help protect kids,” Krim said. “I’m supportive of any path to achieving those goals. If it doesn’t happen before the end of this session, we will resume the push in the next one. Not letting this go.”