KINGSTON � Minority Leader Glenn Noonan (R-Gardiner) is hopping mad. His proposal to schedule a public hearing for the sex offender law he's advancing was denied following committee reports of its enforceability and questions of legality. The law, modeled on Rockland County's 2007 law, seeks to establish sex offender-free zones within Ulster County. It seeks to establish zones prohibiting registered sex offenders from living within 1,000 feet of a school, church, or day-care center.

Reached by phone after the February 11 meeting, Noonan said, "I hope every [Ulster County] citizen calls his or her legislator and asks if he or she supports sex offender legislation."

In January, Noonan proposed a public hearing on the legislation after it was discovered that Rockland County had located a Level 3 (high risk) sex offender in a motel in the Ulster County town of Kerhonkson. At the time, his proposal was tabled to allow the Criminal Justice Committee a chance to review the law.

Frank Dart (D-Kingston), chair of the Criminal Justice Committee, met with various experts on the matter in late January. Citing the findings of the meeting, as well as a recent New York State Supreme Court ruling on Rockland's law, Ulster County Legislature Chairman David B. Donaldson ruled the legislation out of order, saying the law was both unenforceable and unconstitutional.

"We cannot allow emotions and politics to get in the way of common sense and reason," Donaldson argued, "because the latter is what produces good policy and resolutions, not the former."

He noted that the legislation had failed, "not only in two committees," but also when reviewed by various experts, including Ulster County Sheriff Paul VanBlarcum, who deemed the law "unenforceable."

Donaldson said that mental health and probation officials also do not support the law, with officials from both departments contending that it would be "counterproductive" if enacted. Most importantly, said the chair, is that "the law, as written, has been found to be unconstitutional."

Rockland's law was recently annulled in an 8-page decision written by Supreme Court Justice William Kelly. Released on January 22, the decision in the Peo. v. Oberlander case contends that state law, which already accounts for sexual offenders, supersedes county law and renders it invalid.

New York state law currently prohibits Level 3 sex offenders and offenders whose victims were under 18, who are on parole or probation, from living near or frequenting "any school grounds � or any other facility or institution primarily used for the care or treatment of persons under the age of 18 while one or more � are present."

Kelly's ruling sets precedence on the issue and stands to invalidate 80 similar laws that establish sex offender-free zones across the state.

Rockland County Attorney Patricia Zugibe said she hasn't made a decision on whether to appeal the decision. She said that while Kelly's ruling seems to be based on solid law, other judges could decide differently on similar cases.

Echoing Zugibe's sentiment, Noonan said, "This is Ulster County; a decision in Rockland has nothing to do with us."

During the legislative session, Noonan challenged Donaldson's decision, saying the proposal simply called for a public hearing on the matter. Legislator Jeanette Provenzano (D-Kingston) motioned to overrule Donaldson's decision, saying, "I don't think we should be against a public hearing on this law," she said.

Donaldson said, "It's kind of foolish for us to have a public hearing on a resolution that's illegal."

When put to a vote, the motion was defeated and Donaldson's ruling held. Noonan lamented the vote, saying it was a political ploy on the part of the Democratic majority to avoid going on record. "They believe in the 'hug-a-thug' theory of governance � they never see a criminal they don't want to help."

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