Regular Session - February 4, 1997
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8 ALBANY, NEW YORK
9 February 4, 1997
10 3:03 p.m.
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13 REGULAR SESSION
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17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
18 STEPHEN F. SLOAN, Secretary
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order. Would everyone please rise and
4 join with me in the Pledge of Allegiance.
5 (The assemblage repeated the
6 Pledge of Allegiance to the Flag.)
7 May we bow our heads in a moment
8 of silence.
9 (A moment of silence was
10 observed.)
11 The reading of the Journal,
12 please.
13 THE SECRETARY: In Senate,
14 Monday, February 3rd. The Senate met pursuant
15 to adjournment. The Journal of Sunday,
16 February 2nd, was read and approved. On
17 motion, the Senate adjourned.
18 THE PRESIDENT: Without
19 objection, the Journal stands approved as
20 read.
21 Presentation of petitions.
22 Messages from the Assembly.
23 Messages from the Governor.
24 Reports of standing committees.
25 The Secretary will read.
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1 THE SECRETARY: Senator Lack,
2 from the Committee on Judiciary, offers up the
3 following nominations: As judge of the New
4 York State Court of Claims, S. Michael Nadel of
5 New York City.
6 SENATOR LACK: Thank you, Madam
7 President.
8 I rise to move the nomination of
9 S. Michael Nadel of New York City as a judge of
10 the New York State Court of Claims.
11 Mr. Nadel has appeared before
12 the Committee this morning, was unanimously
13 confirmed by the Committee, and sent to the
14 floor of the Senate.
15 He's had a long and
16 distinguished record of public employment,
17 including that of being a judge of the New York
18 City Criminal Court.
19 Senator Leichter, who is not in
20 the chamber, wanted to second the nomination,
21 but I see that Senator Abate is here and, Madam
22 President, I will yield to her for purposes of
23 seconding the nomination of S. Michael Nadel.
24 THE PRESIDENT: Senator Abate.
25 SENATOR ABATE: I'm very pleased
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1 to follow the recommendation of Senator Lack
2 and Senator Leichter.
3 I've had the great privilege of
4 knowing Mike Nadel when he was beginning his
5 legal career as I was beginning my legal career
6 in the 1970s, and if you look at his resume,
7 his extraordinary resume, he has done -- held
8 some very responsible positions. He has done
9 them extremely well, but what's not within the
10 resume and what I got to know from him by
11 trying cases with him is that he's a very
12 decent person. He has the capacity to listen
13 to people, even though he may not agree with
14 them. He's extremely fair-minded, and I
15 believe he has all the attributes to serve on
16 the judiciary in an exemplary manner.
17 So I wholeheartedly recommend
18 him to all of you, and I hope it will be a
19 unanimous vote in his favor, and I look forward
20 to hearing about the enormous accomplishments
21 he will make over the coming years.
22 THE PRESIDENT: Does anyone else
23 wish to speak on the nomination of Michael
24 Nadel?
25 (There was no response.)
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1 The question is on the
2 confirmation of S. Michael Nadel as judge of
3 the New York State Court of Appeals -- Court of
4 Claims. I'm sorry. All in favor signify by
5 saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 S. Michael Nadel is hereby
10 confirmed as judge of the Court of Claims.
11 The Secretary will read.
12 THE SECRETARY: As judge to the
13 New York State Court of Claims, Thomas J.
14 Carroll of New York City.
15 THE PRESIDENT: Senator?
16 SENATOR LACK: Thank you, Madam
17 President.
18 I rise to move the nomination of
19 Thomas J. Carroll as a judge to the Court of
20 Claims.
21 Again, Mr. Carroll appeared
22 before the Committee this morning. He was
23 received warmly by the Committee and was
24 unanimously endorsed and sent to the floor of
25 the Senate.
556
1 Mr. Carroll has had a long and
2 distinguished career. He made a mistake and
3 left the state and went to Georgetown to its
4 law school, but he corrected that by coming
5 back to New York and teaching at my alma mater,
6 the Fordham University School of Law, from 1982
7 to the president -- to the present. He has
8 been associated with the firm of Dewey,
9 Ballantine from 1970 to 1973. He was then an
10 assistant district attorney in the county of
11 the Bronx until 1980, at which time he joined
12 the New York State Commission on Investigation,
13 was an assistant counsel for that commission
14 and was the chief investigator in the collapse
15 of the Thruway Authority bridge on Schoharie
16 Creek. He then moved to Washington where he
17 served as general attorney of the United States
18 Department of Housing and Urban Development
19 until the present time, where he appeared
20 before the Governor's screening committee and
21 was referred to the Senate.
22 Madam President, it's with
23 extreme pleasure that I rise to move Mr.
24 Carroll's nomination and, Madam President, Mr.
25 Carroll, as well as the rest of our nominees,
557
1 including S. Michael Nadel, are sitting in our
2 gallery. If you would please recognize them
3 upon confirmation.
4 Thank you.
5 THE PRESIDENT: Thank you,
6 Senator Lack.
7 Does anyone else wish to speak
8 on the nomination?
9 (There was no response.)
10 The question is on the
11 confirmation of Thomas J. Carroll as a judge of
12 the New York State Court of Claims. All in
13 favor signify by saying aye.
14 (Response of "Aye".)
15 Opposed, nay.
16 (There was no response.)
17 Thomas J. Carroll is hereby
18 confirmed as a judge of the Court of Claims,
19 and we would like to welcome the families of
20 both judges.
21 (Applause)
22 Thank you.
23 The Secretary will read.
24 THE SECRETARY: As judge to the
25 Supreme Court for the 8th Judicial District,
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1 Eugene F. Pigott, Jr. of Buffalo.
2 THE PRESIDENT: Senator Lack.
3 SENATOR LACK: Thank you, Madam
4 President.
5 I rise to move the nomination of
6 Eugene F. Pigott, Jr. of Buffalo for the
7 interim appointment for nomination to the
8 Supreme Court for the 8th Judicial District.
9 Mr. Pigott appeared before the
10 Governor's screening committee, was referred to
11 the Senate by the Governor. He was interviewed
12 today by the Senate Judiciary Committee, was
13 found satisfactory in all respects, unanimously
14 moved to the floor and it's with pleasure,
15 Madam President, that I yield to Senator Volker
16 for purposes of seconding the nomination.
17 THE PRESIDENT: Thank you,
18 Senator Lack.
19 Senator Volker.
20 SENATOR VOLKER: Thank you,
21 Senator.
22 Madam President, the nomination
23 of Gene Pigott is something that has been
24 anticipated for quite a while in Buffalo, and
25 Gene will probably laugh at that because it was
559
1 initially thought to happen some time earlier,
2 and during the hearing on -- the Judiciary
3 hearing, it kind of made us laugh a little bit
4 about the fact that there was some talk about
5 screening because Gene has gone through an
6 immense amount of screening in many ways in
7 Buffalo from -- virtually every prominent
8 lawyer has been asking him what, frankly, has
9 been going on.
10 Gene is clearly one of the most
11 well respected lawyers in the Buffalo area, a
12 former Erie County attorney. As I pointed out
13 during the Judiciary Committee meeting, I like
14 to come up with some little known facts about
15 people, and Gene was an interpreter, a
16 Vietnamese interpreter during the Vietnam War
17 and there aren't too many people, I think, that
18 could say that who later become judges, but
19 he's a fine gentleman, a good friend, and I can
20 tell you that the people who know him in
21 Western New York have an immense amount of
22 respect for him and feel, as I do, that he
23 certainly will be one of the top judges in the
24 state of New York, and I commend the Judge for
25 his nom... -- or the Governor for his
560
1 nomination.
2 THE PRESIDENT: Thank you,
3 Senator Volker.
4 Senator Rath.
5 SENATOR RATH: Thank you, Madam
6 President.
7 Judge Nadel, congratulations;
8 Judge Carroll, congratulations, almost-Judge
9 Pigott, Peggy, David, Martha.
10 When you know someone really
11 well, I think it gets more and more difficult
12 to say something because you have a hard time
13 capturing the essence that you know of the
14 person.
15 I've heard many people on the
16 floor attempt to do that, and I find myself in
17 that position right now.
18 Dale Volker -- Senator Volker's
19 comments about Gene's high regard and respect
20 by the bench and the bar in Erie County, I
21 would second everything Senator Volker said.
22 I would call attention to the
23 fact that Gene went to law school at SUNY
24 Buffalo Law School. So contrary to some others
25 who weren't quite as enlightened at an early
561
1 age, some others who didn't quite see SUNY the
2 way we all have seen it, we're glad that you're
3 one of our SUNY graduates, Gene, and I noted on
4 your resume, however, there was one place that
5 you had missed.
6 You talked about, obviously,
7 your private practice, your public service as
8 our county attorney, and obviously your
9 military career. I noted that you did not put
10 down the first place we served together, in the
11 Erie County Legislature. We'll have to talk
12 about that privately some time. I'm afraid it
13 was because you didn't want me to talk about
14 it, and I won't.
15 It was a wonderful time of
16 growing up, learning about government and
17 politics. Gene taught a lot of us what we know
18 and what we still try to practice, the blend of
19 government and politics in those early days,
20 and I think the thing about Gene that I would
21 add to -- beyond Senator Volker's words and his
22 outstanding resume, is that Gene has an
23 understanding of people. He is clearly a
24 people person, always has been, always
25 recognizes and respects the other person's
562
1 opinion, always listens, can always find
2 something to put them at ease.
3 I said to Gene's wife the other
4 day as I was trying to gather some thoughts,
5 "What can you say about someone when
6 everything you remember almost ends up with a
7 smile or a little bit of a laugh?" but I
8 thought that's the thing to say because that's
9 what Gene does and has done for all of us
10 through so many difficult times and through
11 good times too.
12 So, Gene, on perspective and
13 balance, I don't think there's anyone that can
14 match you and I wish you good luck, and I know
15 you will take to the court what you have
16 brought to all the other dealings and personal
17 activities that we've all enjoyed with you for
18 so many years.
19 We look forward to your service
20 on the court, and congratulations.
21 THE PRESIDENT: Thank you,
22 Senator Rath.
23 Senator Maziarz.
24 SENATOR MAZIARZ: Thank you,
25 Madam President.
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1 I want to join my colleagues,
2 Senators Volker and Rath, and just to
3 congratulate a very good friend from Erie
4 County, Gene Pigott. Although Gene forgot his
5 years in the Erie County Legislature, I know
6 that they were great years and he did a lot of
7 great things for the people of Erie County and
8 also for the legal profession in his work with
9 the New York State Trial Lawyers Association
10 and, Gene, I know you're going to do a great
11 job on the bench, and I just want to extend my
12 personal congratulations.
13 Thank you, Madam President.
14 THE PRESIDENT: Thank you.
15 Senator Stachowski.
16 SENATOR STACHOWSKI: Madam
17 President, I too would like to rise to second
18 the nomination of Gene Pigott.
19 As most of us non-lawyers would
20 say, Gene's too nice of a guy to be an
21 attorney, so it's probably good that he's
22 becoming a judge, but Gene's a really nice guy
23 and I too worked at the County Legislature and
24 I can understand why he didn't list it. Just
25 kidding.
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1 I promised my brother that since
2 he's his law school classmate, that I would get
3 up and at least say a few nice words about Gene
4 for him but also for myself because I find Gene
5 to be one of my good friends also, even though
6 he's caused and been in more fights with
7 various parts of the Republican Party than I
8 ever could be.
9 So, Gene, congratulations.
10 THE PRESIDENT: Does anyone else
11 wish to speak on the nomination of Eugene
12 Pigott?
13 (There was no response.)
14 The question is on the
15 confirmation of Eugene F. Pigott, Jr., as a
16 justice of the Supreme Court for the 8th
17 Judicial District. All in favor signify by
18 saying aye.
19 (Response of "Aye".)
20 Opposed, nay.
21 (There was no response.)
22 Eugene F. Pigott, Jr. is hereby
23 confirmed as justice of the Supreme Court for
24 the 8th Judicial District. Congratulations.
25 (Applause.)
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1 The Secretary will read.
2 THE SECRETARY: As judge to the
3 Sullivan County Court, Burton Ledina of
4 Monticello.
5 THE PRESIDENT: Senator Lack.
6 SENATOR LACK: Yes. Thank you,
7 Madam President.
8 I do want to take the occasion
9 first to thank the Governor for this excellent
10 list of appointees to the various courts that
11 are here today and, again, to mention, Madam
12 President, that we have in our gallery, of
13 course, Judge Nadel, now confirmed Judge
14 Carroll with his wife Peggy and his son
15 Brendon, and now confirmed Judge Pigott with
16 his wife Peggy and his son David and his
17 daughter Martha, and now the subject of our
18 last nominee today, the Governor's nomination
19 to the Sullivan County Court.
20 This is, Madam President, just a
21 little bit bittersweet. Judge Ledina appeared
22 before us last year, was unanimously confirmed
23 by the Senate to a then vacancy in the Sullivan
24 County Court. Unfortunately, he lost in the
25 election. This is a newly created County Court
566
1 seat in Sullivan County.
2 The Governor -- and the
3 Governor's screening committee have
4 reinterviewed Judge Ledina -- has sent the name
5 to the Senate. He was unanimously voted upon
6 by the Senate Judiciary Committee this morning
7 and has been referred to this body for our
8 action this afternoon, and I would yield to
9 Senator Cook and, once again, Madam President,
10 ask you to recognize Judge Ledina and his wife
11 Harriet, who are in our gallery.
12 THE PRESIDENT: Senator Cook.
13 SENATOR COOK: Madam President,
14 thank you.
15 Burt, the vacation is over.
16 Harriet, you're going to have to start putting
17 up with him again on a regular basis.
18 Madam President, I'm not going
19 to say a lot about Judge Ledina today because
20 when he was before us six months ago or so, I
21 talked about his high personal qualifications,
22 his great expertise as an attorney and the
23 great respect in which he is held in the
24 community and said at that time that we were
25 very fortunate to have someone of Judge
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1 Ledina's capabilities available to us to be the
2 county judge and that the Governor, in fact,
3 had recognized those capabilities and offered
4 his name to us.
5 I only would add to that, at
6 this point, that everything that Burt Ledina
7 did as county judge merely enhanced the good
8 things that I said about him earlier.
9 His conduct has been exemplary.
10 He has only grown in stature and the esteem
11 with the people in the county who have seen him
12 function, as we knew he would, with great
13 judicial competence, and I am just very pleased
14 that we now have Judge Ledina again, who is
15 going to be sitting on the bench and doing what
16 he does so well, serving the people of Sullivan
17 County as their County Court judge, and I do
18 move the confirmation.
19 ACTING PRESIDENT MAZIARZ: Do
20 any other Senators wish to speak?
21 (There was no response.)
22 The question is on the
23 confirmation of Burton Ledina as judge of the
24 Sullivan County Court. All in favor signify by
25 saying aye.
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1 (Response of "Aye".)
2 Opposed, nay.
3 (There was no response.)
4 Burton Ledina is hereby
5 confirmed as judge of the Sullivan County
6 Court.
7 Judge, congratulations and best
8 of luck to you.
9 (Applause)
10 Reports of select committees -
11 I'm sorry. Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 I believe there's a privileged resolution at
14 the desk by Senator Nozzolio. I'd ask that you
15 recognize him at this time.
16 ACTING PRESIDENT MAZIARZ:
17 Senator Nozzolio.
18 SENATOR NOZZOLIO: Yes, Mr.
19 President. I ask that the resolution be read
20 in its entirety, and then I wish to speak on
21 its behalf.
22 ACTING PRESIDENT MAZIARZ: The
23 Secretary will read.
24 THE SECRETARY: By Senators
25 Nozzolio and Volker, Legislative Resolution
569
1 commending Paul Lewis Shechtman for his
2 distinguished contributions as Commissioner and
3 Director of the New York State Division of
4 Criminal Justice Services.
5 WHEREAS, it is the sense of this
6 legislative body to take note of and publicly
7 acknowledge the many contributions of Paul
8 Lewis Shechtman to the safety and welfare of
9 the citizens of this noble state during his
10 tenure as Commissioner and Director of the New
11 York State Division of Criminal Justice
12 Services, 1995 through 1997.
13 Born in Philadelphia,
14 Pennsylvania on June 27th, 1946, Paul Shechtman
15 earned a Bachelor of Arts degree in economics,
16 with high honors, from Swarthmore College in
17 1969. In 1973, he completed a Master's degree
18 in economics at Oxford University and, in 1978,
19 he received his law degree from Harvard Law
20 School, magna cum laude.
21 Paul Shechtman was also the
22 recipient of a National Collegiate Athletic
23 Association Basketball Fellowship, a Rhodes
24 Scholarship and a Thomas J. Watson Traveling
25 Fellowship.
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1 In 1978, Paul Shechtman began
2 his professional career as law clerk to the
3 Honorable Louis H. Pollak, United States
4 District Court, Eastern District of
5 Pennsylvania and, in 1979, to the Honorable
6 Warren E. Burger, Chief Justice of the United
7 States Supreme Court.
8 From 1981 through 1985, Paul
9 Shechtman served as Chief Appellate Attorney,
10 and Chief, General Crimes Unit, United States
11 Attorney's office, Southern District of New
12 York. He then spent a year as Associate
13 Independent Counsel on a special investigation
14 and, in 1987, he was named Counsel to the
15 District Attorney, New York County District
16 Attorney's office, a position he held until
17 1994 when he became Chief of the Criminal
18 Division, United States Attorney's Office,
19 Southern District of New York.
20 Knowing well the importance of
21 an education and quality professional training,
22 Paul Shechtman has, in conjunction with his
23 many demanding responsibilities, been an
24 assistant professor at the University of
25 Pennsylvania Law School, 1985 through 1987, and
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1 professor at Columbia Law School, earning
2 awards for outstanding teaching in 1987, 1990
3 and in 1992.
4 Recognizing his vast expertise
5 and experience, in 1995, Governor George E.
6 Pataki named Paul Shechtman Commissioner and
7 Director of the New York State Division of
8 Criminal Justice Services.
9 During Paul Shechtman's tenure,
10 working with the Governor, members of the
11 Legislature, police, judges and crime victims,
12 many new criminal justice policies have been
13 introduced and new programs developed. These
14 include the creation of the Willard Drug
15 Treatment Campus, reinstatement of the death
16 penalty, elimination of work release for
17 violent felons, and enactment of Megan's Law
18 and the Sex Offender Reform Act. These have
19 already resulted in an overall reduction of
20 violent and several other types of crime in New
21 York State.
22 Today, New York leads the nation
23 in reducing violent crime, down 23 percent
24 across the state; assaults have been reduced by
25 22 percent, robberies by 24 percent and murders
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1 by almost one-third as a result of legislation
2 and procedures implemented under the direction
3 of Governor George Pataki and Commissioner Paul
4 Shechtman.
5 Highly praised and justly
6 recognized for his unwavering determination,
7 integrity, selfless commitment and preeminent
8 skills, Paul Shechtman has distinguished
9 himself by his achievements and distinguished
10 performance on behalf of the people of this
11 state and nation.
12 As Paul Shechtman completes his
13 term as Commissioner and Director of the New
14 York State Division of Criminal Justice
15 Services and returns to the private practice of
16 law and to spend time with his wife and two
17 children, it is the sense of this legislative
18 body to recognize, with admiration and grateful
19 tribute, his accomplishments and commitment to
20 excellence; now, therefore, be it
21 RESOLVED, that this legislative
22 body pause in its deliberations to praise Paul
23 Lewis Shechtman for his distinguished service
24 as Commissioner and Director of the New York
25 State Division of Criminal Justice Services and
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1 to wish him well in his future endeavors; and
2 be it further
3 RESOLVED, that a copy of this
4 resolution, suitably engrossed, be transmitted
5 to Mr. Paul Lewis Shechtman.
6 ACTING PRESIDENT MAZIARZ:
7 Senator Nozzolio.
8 SENATOR NOZZOLIO: Mr.
9 President, thank you.
10 On the resolution, on behalf of
11 Senator Volker, Senator Bruno, all
12 members of the Senate, we today have joined
13 Governor Pataki and members of both sides of
14 the aisles in both houses in joining in
15 unanimous praise for the distinguished service
16 given to the state of New York by our now
17 retiring Commissioner of -- head of Criminal
18 Justice Services, the Honorable Paul Shechtman.
19 Paul is with us in the chamber
20 today as he's been many times throughout his
21 tenure, brief as it is, but nonetheless,
22 extremely successful.
23 Throughout these last two years,
24 Paul Shechtman has been a beacon of wisdom and
25 common sense in helping us push forward
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1 Governor Pataki's criminal justice reform
2 agenda. The resolution speaks very loudly for
3 what that agenda has been all about but, simply
4 stated, Paul Shechtman has been the right
5 person in the right job at the right time, and
6 I, for one, counted on him, along with Senator
7 Volker.
8 We have been very privileged to
9 work in very close conjunction with Paul in
10 pushing Governor Pataki's very important
11 criminal justice reforms, for which I believe
12 very sincerely, without Paul, the road would
13 have been much rockier in achieving those
14 objectives.
15 Commissioner, it is with a great
16 deal of, I guess, mixed emotion that we say
17 adieu, but certainly we are extremely grateful
18 for everything you've done on behalf of the
19 taxpayers of this state.
20 Thank you very much.
21 ACTING PRESIDENT MAZIARZ: Thank
22 you.
23 Senator Volker.
24 SENATOR VOLKER: Mr. President,
25 just let me say briefly -- and I have been here
575
1 now -- as I told Paul earlier, that today is
2 the anniversary of the beginning of my 23rd
3 year in the Senate, because I was elected
4 February 3rd of 199... or '75 and sworn in the
5 next day.
6 In all the years that I have
7 been here, I have dealt with an awful lot of
8 people in criminal justice and a lot of bright
9 people and a lot of very competent people and a
10 lot of people who did a lot of things in a
11 fairly short period of time, but nobody in the
12 years that I have been here has done as much
13 and impacted on the criminal justice system in
14 as positive a way as Paul Shechtman has.
15 As Michael said, he's obviously
16 extremely bright, extremely personable and also
17 extremely determined, and those qualities, I
18 think, have driven criminal justice policy in
19 this state and have made even, possibly, its
20 detractors to possibly understand that here's a
21 man who understands the world the way it is and
22 deals with it in a manner that a gentleman like
23 himself can deal with it.
24 We will certainly miss you,
25 Paul. You have done wonders over the last
576
1 several years, and I know that wherever you go
2 you will do extremely well and that you will
3 carry with you the fact that you had a major
4 impact on many of us here who operate in Albany
5 and everybody in the state of New York, because
6 I think the one thing we sometimes forget is we
7 tend to link everything here with Albany, but
8 this is a major state and when you have a major
9 impact on the criminal justice system of this
10 state, you have a major impact on the criminal
11 justice system of the entire country, and you
12 understand that because of where you have come
13 from, because of your background, and I think
14 you understand a little bit of that.
15 My tribute to you is thank you
16 for what you have done for this state and for
17 the criminal justice system. On behalf of
18 myself personally, thank you for being a friend
19 and for being so helpful to me, and I wish you
20 the very best, to you and your family, and
21 Godspeed.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Skelos.
24 SENATOR SKELOS: Mr. President,
25 at the bill-signing of Megan's Law, I think one
577
1 of my comments was that probably the finest
2 appointment that the Governor made at that time
3 was Paul Shechtman. My opinion at this date
4 has not changed.
5 One of the reasons why that law
6 is on the books now, not only for drafting
7 purposes but passage in both houses was Paul
8 Shechtman, a consummate professional, a person
9 who represented the Governor well but also
10 understood the legislative process and the
11 needs of both Republicans and Democrats and
12 finally coming together in passing legislation
13 in both houses.
14 Paul, I know I'm personally
15 going to miss you up here. Tracy Lloyd in my
16 office is going to miss you. The state of New
17 York is going to miss you for what you've done
18 in a positive way for our criminal justice
19 system.
20 Thank you, Paul.
21 ACTING PRESIDENT MAZIARZ:
22 Senator Bruno.
23 SENATOR BRUNO: Mr. President, a
24 lot has been said about Paul Shechtman, and I
25 can only add my comments and approval to all
578
1 that has been said, but I wanted to say a
2 special word just personally to Paul, to thank
3 him for the time, the energy, the dedication,
4 the public service and your legacy, as you go
5 on to another life, will really be the good
6 things that you did on behalf of the people of
7 this state and the fact that you have as a
8 support, Governor Pataki, advanced his
9 principles and his ideals of reforming the
10 criminal justice system as recently as a few
11 hours ago with the juvenile justice reform
12 program bill that I know you've helped develop,
13 and you have done it in a way that is very
14 becoming, in the background, helping get the
15 job done.
16 The result is that everyone in
17 New York State is safer, safer for your time,
18 for your energy, for your commitment and the
19 result that is demonstrated by the statistics
20 throughout this state where we have now taken
21 the lead in criminal justice reform.
22 So you are a credit to public
23 service and to this Governor for his good
24 judgment in having appointed you and drawn you
25 into public service.
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1 We just wish you well as you go
2 on to your other life, and we know that you
3 will stay in touch and continue to be a
4 resource to all of us.
5 Thank you, Paul.
6 ACTING PRESIDENT MAZIARZ: Thank
7 you, Senator.
8 Senator Abate.
9 SENATOR ABATE: I remember as
10 though it's two or three days ago when we stood
11 here and you were nominated and confirmed for
12 your position and then, as now, I was delighted
13 to see you serve in that position.
14 I will miss you because I'm
15 going to be missing a great sparring partner.
16 We've agreed on many issues and some issues
17 we've not agreed on but some things were always
18 constant. I respected your intellect. You
19 always were accessible to people on both sides
20 of the aisle. When something couldn't be done
21 or it just didn't make sense, you were very
22 straight in your response, and I thought you
23 brought a great sense of movement,
24 fair-mindedness, intellect to the process of
25 criminal justice system policy-making. We will
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1 miss you.
2 It's ironic that as I left the
3 budget hearings, some members of the Assembly
4 said to me, "What will we do without Paul? Who
5 will come next? We really needed that
6 continuity." I think everyone, even the people
7 that argue with you the most, will also miss
8 you.
9 So I think you've left a lasting
10 legacy. I think you're a terrific person. I
11 have enjoyed the laughs we've shared together
12 and I'm looking forward to having you as an
13 active constituent in my district and,
14 hopefully, I'll see you in my community and you
15 will go on to continue doing great things.
16 Congratulations, Paul.
17 ACTING PRESIDENT MAZIARZ: Are
18 there any other Senators who wish to speak on
19 the resolution?
20 (There was no response.)
21 The question is on the
22 resolution. All in favor signify by saying
23 aye.
24 (Response of "Aye".)
25 Opposed, nay.
581
1 (There was no response.)
2 The resolution is adopted.
3 Congratulations, former
4 commissioner now.
5 (Applause)
6 Senator Holland.
7 SENATOR HOLLAND: Mr. President,
8 I move that the following bills be discharged
9 from their respective committees and be
10 recommitted with instructions to strike the
11 enacting clauses. They are my bills, S...
12 Senate 885 and S.1696.
13 ACTING PRESIDENT MAZIARZ: The
14 bills are recommitted. The enacting clauses
15 are stricken.
16 Senator Skelos.
17 SENATOR SKELOS: Mr. President,
18 I'd ask that we adopt the Resolution Calendar
19 at this time in its entirety, and I would
20 request of Senator Paterson, if members, as
21 they wish, could go on Resolution Number 201.
22 I move we adopt the Resolution Calendar.
23 ACTING PRESIDENT MAZIARZ: All
24 those in favor of adopting the Resolution
25 Calendar signify by saying aye.
582
1 (Response of "Aye".)
2 Opposed, nay.
3 (There was no response.)
4 The Resolution Calendar is
5 adopted.
6 Senator Skelos.
7 SENATOR SKELOS: On Resolution
8 Number 201, everybody can go on the
9 resolution. If they wish not to, they should
10 notify the desk.
11 At this time, Mr. President, if
12 we could take up the non-controversial
13 calendar.
14 ACTING PRESIDENT MAZIARZ: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 33, by Senator Johnson, Senate Print 243, an
18 act to amend the Education Law, in relation to
19 requiring that the State University graduation
20 ceremonies include the Pledge of Allegiance.
21 SENATOR PATERSON: Lay it aside,
22 please.
23 ACTING PRESIDENT MAZIARZ: The
24 bill is laid aside at the request of Senator
25 Paterson.
583
1 THE SECRETARY: Calendar Number
2 34, by Senator LaValle, Senate Print 249, an
3 act to amend the Education Law, in relation to
4 enacting the Higher Education Community Service
5 Act.
6 ACTING PRESIDENT MAZIARZ: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect on the first day of
10 September.
11 ACTING PRESIDENT MAZIARZ: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 58.
15 ACTING PRESIDENT MAZIARZ: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 35, by Senator LaValle, Senate Print 303, an
19 act to amend the Education Law.
20 SENATOR STAVISKY: Lay it aside.
21 ACTING PRESIDENT MAZIARZ: Lay
22 the bill aside at the request of Senator
23 Stavisky.
24 THE SECRETARY: Calendar Number
25 41, by Senator Maziarz, Senate Print 406-A, an
584
1 act to amend the Criminal Procedure Law and the
2 Penal Law, in relation to felony sex offenses.
3 ACTING PRESIDENT MAZIARZ: Read
4 the last section.
5 THE SECRETARY: Section 16.
6 This act shall take effect on the first day of
7 November.
8 ACTING PRESIDENT MAZIARZ: Call
9 the roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 59.
12 ACTING PRESIDENT MAZIARZ: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 42, by Senator Goodman, Senate Print 414, an
16 act to amend the Penal Law, in relation to
17 computer networks.
18 ACTING PRESIDENT MAZIARZ: Read
19 the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first day of
22 November.
23 ACTING PRESIDENT MAZIARZ: Call
24 the roll.
25 (The Secretary called the roll.)
585
1 THE SECRETARY: Ayes 59.
2 ACTING PRESIDENT MAZIARZ: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 47, by Senator DeFrancisco, Senate Print 487,
6 an act to amend the Criminal Procedure Law, in
7 relation to access to sealed records.
8 ACTING PRESIDENT MAZIARZ: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MAZIARZ: Call
13 the roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 59.
16 ACTING PRESIDENT MAZIARZ: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 50, by Senator Volker, Senate Print 522, an act
20 to amend the Penal Law, in relation to
21 consecutive terms of imprisonment.
22 ACTING PRESIDENT MAZIARZ: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect on the first day of
586
1 November.
2 ACTING PRESIDENT MAZIARZ: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 59.
6 ACTING PRESIDENT MAZIARZ: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 54, by Senator Levy, Senate Print 602, an act
10 to amend the Vehicle and Traffic Law, in
11 relation to increasing penalties for leaving
12 the scene of an accident.
13 ACTING PRESIDENT MAZIARZ: Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first day of
17 November.
18 ACTING PRESIDENT MAZIARZ: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 59.
22 ACTING PRESIDENT MAZIARZ: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 56, by Senator Tully, Senate Print 192, an act
587
1 to authorize the county of Nassau, town of
2 North Hempstead, village of Westbury and
3 Westbury Central School District to refund
4 certain taxes.
5 ACTING PRESIDENT MAZIARZ: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MAZIARZ: Call
10 the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 59.
13 ACTING PRESIDENT MAZIARZ: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 60, by Senator Larkin, Senate Print 461, an act
17 to amend the Real Property Tax Law, in relation
18 to school districts.
19 ACTING PRESIDENT MAZIARZ: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first day of
23 January.
24 ACTING PRESIDENT MAZIARZ: Call
25 the roll.
588
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 59.
3 ACTING PRESIDENT MAZIARZ: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 62, by Senator Present, Senate Print 527, an
7 act to amend the General Municipal Law, in
8 relation to authorizing the designation of
9 rural economic development zones.
10 SENATOR LEICHTER: Lay it aside.
11 ACTING PRESIDENT MAZIARZ: Lay
12 the bill aside at the request of Senator
13 Leichter.
14 THE SECRETARY: Calendar Number
15 66, by Senator Stafford, Senate Print 124, an
16 act to amend the Environmental Conservation
17 Law, in relation to increasing the criminal
18 penalties for illegally taking big game.
19 ACTING PRESIDENT MAZIARZ: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first day of
23 November.
24 ACTING PRESIDENT MAZIARZ: Call
25 the roll.
589
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 59.
3 ACTING PRESIDENT MAZIARZ: The
4 bill is passed.
5 THE SECRETARY: Calendar Number
6 67, by Senator Marcellino, Senate Print 1391,
7 an act to amend the Environmental Conservation
8 Law, in relation to the drawing off of water
9 from storage reservoirs.
10 ACTING PRESIDENT MAZIARZ: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first day of
14 January.
15 ACTING PRESIDENT MAZIARZ: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 58, nays 1,
19 Senator Cook recorded in the negative.
20 ACTING PRESIDENT MAZIARZ: The
21 bill is passed.
22 Senator Skelos, that completes
23 the non-controversial reading of the calendar.
24 SENATOR SKELOS: Mr. President,
25 may we now have a reading of the controversial
590
1 calendar.
2 ACTING PRESIDENT MAZIARZ: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 33, by Senator Johnson, Senate Print 243, an
6 act to amend the Education Law, in relation to
7 requiring that the State University graduation
8 ceremonies include the Pledge of Allegiance and
9 National Anthem.
10 SENATOR PATERSON: Explanation.
11 ACTING PRESIDENT MAZIARZ:
12 Senator Johnson, an explanation has been
13 requested of Calendar Number 33 from Senator
14 Paterson.
15 SENATOR JOHNSON: Lay it aside.
16 ACTING PRESIDENT MAZIARZ: The
17 bill is going to be laid aside at the request
18 of the sponsor.
19 Senator Paterson.
20 SENATOR PATERSON: Mr.
21 President, if Senator Johnson wishes, we could
22 call that bill up and Senator Leichter and I
23 will just make statements on it. We understand
24 the legislation.
25 ACTING PRESIDENT MAZIARZ: The
591
1 Secretary will read.
2 THE SECRETARY: Calendar Number
3 33, by Senator Johnson, Senate Print 243, an
4 act to amend the Education Law, in relation to
5 requiring that the State University graduation
6 ceremonies include the Pledge of Allegiance and
7 National Anthem.
8 ACTING PRESIDENT MAZIARZ:
9 Senator Leichter.
10 SENATOR LEICHTER: Yeah, Mr.
11 President. Thank you.
12 On Senator Johnson's bill, he's
13 explained it a number of years going, and I
14 must say it hasn't convinced us. I don't
15 believe there's anything more that could be
16 said about the bill and, frankly, we've debated
17 it at length and I'm not going to take much
18 time on it.
19 This is the bill where the
20 Legislature feels that its duty, its obligation
21 -- it's got nothing better to do in regard to
22 higher education than to tell the State
23 University how it should conduct its graduation
24 ceremonies.
25 Senator Johnson, you might just
592
1 as well tell them what the order of the
2 ceremonial marching is, who should go first,
3 who should go last, how they should wear their
4 tassel.
5 I just don't think it's the
6 business of the Legislature to involve itself
7 in this minutia of how State University
8 campuses will conduct their graduation
9 ceremonies, but let me tell you something,
10 Senator Johnson, that I think we do have an
11 obligation and, sadly, I don't see any bill or
12 any initiative coming forth from the Majority,
13 and that is the great need that this university
14 has, for support, for resources.
15 This is a university system that
16 is, frankly, being dismantled. It's going to
17 become a second-rate university and it's
18 occurring because we have underfunded it.
19 Something that started under Governor Cuomo has
20 been accelerated and exacerbated under Governor
21 Pataki.
22 This year we see that tuition is
23 going to go up another $400. Resources,
24 support from the state of New York are being
25 withdrawn, and the consequences are that you've
593
1 got, for instance, a State University campus of
2 70,000 students right here in Albany that isn't
3 going to have a German department. Nobody can
4 take German. What sort of a university is
5 that? And if you take a look at applications
6 to the State University system, they're
7 declining. They're declining because we've
8 made the system too expensive. They're
9 declining because students feel they're not
10 going to get a first-rate education. That's
11 what we ought to be addressing, instead of
12 telling the State University how to conduct
13 their graduation ceremony.
14 I must say, the contrast between
15 what we're doing by this bill and what is
16 needed for the State University system couldn't
17 be greater, couldn't be more glaring. Our
18 neglect couldn't be more evident, that we take
19 the time to pass a bill dealing with this
20 minutia, interference into the affairs of the
21 State University but failing to do anything,
22 silent, neglectful of the main needs of that
23 State University system.
24 ACTING PRESIDENT MAZIARZ:
25 Senator Dollinger.
594
1 SENATOR DOLLINGER: Thank you,
2 Mr. President.
3 This is a bill that I also have
4 spoken on before. This is one of those
5 mandates that we seem to pass even though we
6 pass every year Senator Saland's bill that says
7 we'll never mandate anything to anyone again.
8 We swear off mandates. We're no longer
9 addicted to mandates, but then, sure enough,
10 all of these mandates keep coming to the
11 surface because these are good mandates.
12 Nonetheless, understand that that's exactly
13 what this is. We're going to tell somebody at
14 another level of government that's fully
15 capable of deciding what they want to do at
16 graduation, we're going to tell them what to
17 do.
18 I hope that when we have the
19 debate about the mandate relief bill, we'll
20 perhaps think about this time when we passed
21 this mandate.
22 I agree with Senator Leichter.
23 I'm concerned not so much about what they
24 recite at graduation or about what they play at
25 graduation. I want to know how many people are
595
1 in the graduation pool, and Senator Leichter is
2 absolutely correct that as we de-fund the SUNY
3 system, there are going to be fewer and fewer
4 people out there with caps and mortarboards on,
5 and that's what we really ought to be concerned
6 with, instead of telling them they got to
7 recite the Pledge of Allegiance and sing the
8 National Anthem -- or perform the National
9 Anthem, which is what the bill says.
10 I actually was somewhat
11 quizzical about that because I can't decide
12 whether this means instrumental versions or
13 choral versions, or maybe we can even do that
14 Jimmy Hendrix version that was very popular 20
15 years ago and just have Jimmy Hendrix play his
16 electric guitar. I'm not so sure that that's
17 the patriotic thrill that the bill intends.
18 I also am very concerned about
19 what's the penalty going to be? What are we
20 going to do if the SUNY trustees or some campus
21 says, You know, we've decided we're going to do
22 America the Beautiful rather than the National
23 Anthem? Are we suddenly going to invalidate
24 all degrees we grant because they're not doing
25 what we told them to do?
596
1 There's an old line about
2 patriotism being the last refuge of the
3 scoundrels. Sometimes I think it's the last
4 refuge of all of us who are publicity-seeking
5 politicians, but remember one thing about
6 patriotism, that which is freely chosen is far
7 more valuable than that that is forcefully
8 imposed.
9 I'm one of those publicity
10 seeking politicians. I've voted for this bill
11 in the past. I understand the flag is waving
12 in the background, the National Anthem is
13 playing, and to vote against this bill would be
14 interpreted to do something different.
15 Frankly, I think we ought to
16 turn our attention to what's really important,
17 making sure that we fund this university so
18 that there are more people in the audience to
19 listen to the National Anthem and recite the
20 Pledge of Allegiance. That's where our
21 attention should be focused.
22 ACTING PRESIDENT MAZIARZ:
23 Senator Paterson.
24 SENATOR PATERSON: Mr.
25 President, in 1987, I believe we adopted that
597
1 ceremony in this chamber and every day we say
2 the Pledge of Allegiance before the session,
3 and I think all of us enjoy doing it, and I
4 think that ceremony, in many senses, restores
5 the sense of importance to the proceedings and
6 would provide that to the graduations.
7 The reason that I am voting
8 against this bill is that too often there is a
9 collective sense of responsibility that ignores
10 individualism and individual rights.
11 Too often, if one chose not to
12 say the Pledge of Allegiance -- which is a
13 right upheld by the Supreme Court in 1943 in
14 the case of Barnett versus West Virginia,
15 Minersville, brought to my attention very
16 graciously by Senator Lachman -- the reality is
17 that many times, in an excessive use of
18 patriotism, that right is denied individuals.
19 What I am not objecting to is
20 the process. I think the process is fine. If
21 we'd like to establish this at our state
22 institutions, I would support it, but what I'm
23 objecting to is that it is not clearly
24 delineated in this bill, that that right that
25 an individual has exists, and I think that it
598
1 has to be stated and restated so we understand
2 what patriotism is all about.
3 ACTING PRESIDENT HOLLAND: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 120th day.
7 ACTING PRESIDENT HOLLAND: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT HOLLAND:
11 Senator Abate to explain her vote.
12 SENATOR ABATE: While I share
13 the sentiment expressed by Senator Paterson and
14 Senator Leichter, Senator Dollinger, I read
15 this bill as saying -- because I think we have
16 so many more important issues that need to be
17 addressed, but I read this bill as saying that
18 this will be part of the ceremony but that no
19 individual student will be required to recite
20 the Pledge of Allegiance, and interpreting it
21 that way -- because then it would be an
22 unconstitutional piece of legislation. So
23 interpreting it that way, that it will be part
24 of the ceremony with no punitive action taken
25 against any individual student for whatever
599
1 religious or other reason who does not wish to
2 recite that pledge, there is no action or no
3 requirement that's stated in this bill.
4 With that interpretation of the
5 bill, I vote yes.
6 ACTING PRESIDENT HOLLAND:
7 Senator Lachman to explain his vote.
8 SENATOR LACHMAN: I would like
9 to ask Senator Johnson if that is his
10 interpretation of the bill, if I may.
11 SENATOR SKELOS: Mr. President,
12 we're on a roll call.
13 ACTING PRESIDENT HOLLAND: We're
14 on a roll call, Senator.
15 SENATOR LACHMAN: Oh, okay.
16 THE SECRETARY: Those recorded
17 in the negative on Calendar Number 33, Senator
18 Gold, Lachman, Leichter, Markowitz, Montgomery,
19 Paterson and Waldon.
20 Ayes 54, nays 7.
21 ACTING PRESIDENT HOLLAND: The
22 bill is passed.
23 The Secretary will read Calendar
24 35.
25 THE SECRETARY: Calendar Number
600
1 35, by Senator LaValle, Senate Print 303, an
2 act to amend the Education Law, in relation to
3 the Board of Regents of the University of the
4 state of New York.
5 ACTING PRESIDENT HOLLAND:
6 Senator Stavisky.
7 SENATOR STAVISKY: I should like
8 to ask the sponsor of this legislation whether
9 the method of electing Regents has been
10 altered? What happens if there is no
11 concurrent resolution in the two houses? What
12 happens with the present system of having a
13 joint session of the Legislature, the Senate
14 and the Assembly? Has that been changed?
15 ACTING PRESIDENT HOLLAND: Are
16 you asking Senator LaValle?
17 SENATOR STAVISKY: I'm asking
18 Senator LaValle to yield to a question.
19 ACTING PRESIDENT HOLLAND:
20 Senator LaValle, do you yield to a question?
21 SENATOR LAVALLE: Yes.
22 ACTING PRESIDENT HOLLAND: The
23 Senator yields.
24 SENATOR LAVALLE: I'm going to
25 look for the answer. The new language is
601
1 really changing, Senator. The time period from
2 the first Tuesday in March to the third Tuesday
3 in May -
4 SENATOR STAVISKY: That was not
5 my question.
6 SENATOR LAVALLE: I know, and
7 then the language is maintained into law -- the
8 language -- as you see, Senator, the bracketed
9 language takes out "by concurrent resolution in
10 the preceding March on or before the first
11 Tuesday of the month. If, however, the
12 Legislature fails to agree on such concurrent
13 resolution...." So it takes out that entire -
14 that entire language.
15 SENATOR STAVISKY: The joint
16 legislative session.
17 SENATOR LAVALLE: That is
18 correct; however -- let me lay this bill aside
19 for one day.
20 SENATOR STAVISKY: I'll
21 have -
22 SENATOR LAVALLE: I'm pretty
23 sure that I put that back in, but I just want
24 to -
25 SENATOR STAVISKY: I'll have the
602
1 same question tomorrow.
2 SENATOR LAVALLE: I'll have the
3 answer for you.
4 SENATOR STAVISKY: Okay. Thank
5 you.
6 ACTING PRESIDENT HOLLAND: The
7 bill is laid aside.
8 The Secretary will read Calendar
9 62.
10 THE SECRETARY: Calendar Number
11 62, by Senator Present, Senate Print 527, an
12 act to amend the General Municipal Law, in
13 relation to authorizing the designation of
14 rural economic development zones.
15 SENATOR LEICHTER: Mr.
16 President, if Senator -
17 ACTING PRESIDENT HOLLAND:
18 Senator Leichter.
19 SENATOR LEICHTER: -- Senator
20 Present would yield, please.
21 ACTING PRESIDENT HOLLAND:
22 Senator Present, do you yield to a question?
23 SENATOR PRESENT: Yes,
24 certainly.
25 ACTING PRESIDENT HOLLAND: The
603
1 Senator yields.
2 SENATOR LEICHTER: Senator, I
3 have no problem in setting up economic
4 development zones in rural areas, and I think
5 they ought to be available throughout the state
6 but, correct me if I'm wrong, I think there's a
7 limited amount of such economic development
8 zones that we can set up. Either there's a
9 limitation by virtue of law -- that may not be
10 the case but, in any event, there's a
11 limitation by virtue of the resources that we
12 have available. I mean, we can't make the
13 whole state an economic development zone.
14 Isn't that correct?
15 SENATOR PRESENT: That's pretty
16 accurate, yes.
17 SENATOR LEICHTER: Now, does
18 your bill allow an unlimited number of these
19 rural economic development zones -- or, at
20 least, doesn't set a numerical limit as long as
21 they meet certain qualifications, is that
22 correct?
23 SENATOR PRESENT: That's
24 correct.
25 SENATOR LEICHTER: Senator, if
604
1 that happens and we get 100 or 120 of these
2 rural economic development zones, what's going
3 to happen to the economic development zones for
4 the rest of the state?
5 SENATOR PRESENT: I don't think
6 we would, and if we saw that happen, we would
7 put a cap on it.
8 SENATOR LEICHTER: Well,
9 Senator, isn't it fair to say that in the first
10 instance that we should put a cap on it to see
11 that we don't find ourselves in the situation
12 where all of the economic development zones are
13 going to end up in rural areas or that rural
14 areas will say, "Well, we have a right to have
15 an economic development zone"? Then we come
16 and tell them, "Sorry, the door is shut. You
17 can't get in."
18 SENATOR PRESENT: Was that a
19 question or a statement?
20 SENATOR LEICHTER: No, it's a
21 question. The question is, how do we deal with
22 that sort of a situation?
23 SENATOR PRESENT: I don't
24 foresee that problem arising.
25 SENATOR LEICHTER: Well,
605
1 Senator, I mean, you can stand here and you can
2 assure us -- can you tell us how many rural
3 economic development zones there are going to
4 be?
5 SENATOR PRESENT: No, I cannot.
6 SENATOR LEICHTER: Well, what do
7 you base your belief on that there's not going
8 to be a problem?
9 SENATOR PRESENT: Just my
10 observations across the state relative to rural
11 areas.
12 SENATOR LEICHTER: Senator, how
13 many -- again, that gets, really, back to the
14 first question I had. How many economic
15 development zones are we able to have in this
16 state? How many do we have now and how many
17 until we run into a cap?
18 SENATOR PRESENT: I think the
19 cap is 40.
20 SENATOR LEICHTER: 40? And how
21 many do we have now?
22 SENATOR PRESENT: I don't know.
23 SENATOR LEICHTER: I know
24 there's some in New York City, I know there's
25 some in Buffalo, and so on. So we must have at
606
1 least 25 or -- and I assume there's parts of
2 the state, rural -- not just rural areas but
3 urban/suburban areas where applications are
4 pending for economic development zones. Isn't
5 that a fair assumption?
6 SENATOR PRESENT: I think there
7 probably are some.
8 SENATOR LEICHTER: Well, I have
9 a difficulty then, Senator, in your bill
10 providing what seems to me to be an unlimited
11 number of these rural economic development
12 zones when we don't have enough economic
13 development zones to give them.
14 SENATOR PRESENT: You have that
15 concern?
16 SENATOR LEICHTER: Well,
17 wouldn't it seem -- wouldn't it seem a pretty
18 reasonable concern? Shouldn't it be a concern
19 that you have, as sponsor of the legislation?
20 SENATOR PRESENT: Well, I don't
21 have that concern.
22 SENATOR LEICHTER: Well,
23 Senator, let me ask you this, if I may. At the
24 present time, absent your legislation, are
25 rural areas eligible at all for economic
607
1 development zones?
2 SENATOR PRESENT: Small rural
3 areas with a combined village or two villages
4 are not able to put together all necessary
5 information, file their application and put it
6 together. They're not able to.
7 SENATOR LEICHTER: I'm sorry,
8 Mr. President. Could you repeat that because I
9 didn't hear you.
10 SENATOR PRESENT: A small rural
11 area, one village or two villages combined, are
12 not able to meet all their criteria, put
13 together all the information required in an
14 application.
15 SENATOR LEICHTER: And why is
16 that, Senator?
17 SENATOR PRESENT: Much of it is
18 based upon the last census and the data that is
19 combined and taken primarily in urban areas,
20 it's not available to them to begin with.
21 SENATOR LEICHTER: Am I correct
22 in understanding that rural zones are presently
23 permitted under the law but there's a
24 difficulty in the rural areas putting together
25 the information to submit to -- I guess it goes
608
1 to the Department of Economic Development -- to
2 qualify or to convince the Department that they
3 qualify for an economic development zone?
4 SENATOR PRESENT: That's pretty
5 accurate. You've got it right.
6 SENATOR LEICHTER: And the
7 purpose of your bill is to make it easier for
8 the rural areas and the rural areas would still
9 have to apply to the Economic Development
10 Department. The Economic Development
11 Department would say, Well, sorry, guys, we've
12 reached a cap. That's how it would work,
13 right?
14 SENATOR PRESENT: If they got
15 that far, yes, under existing law.
16 SENATOR LEICHTER: So really, as
17 I understand your bill, all you're trying to do
18 is to make it easier for rural areas to be able
19 to qualify as an economic development zone.
20 SENATOR PRESENT: Exactly.
21 SENATOR LEICHTER: All right. I
22 have no problem with the bill.
23 SENATOR TULLY: Mr. President.
24 ACTING PRESIDENT HOLLAND:
25 Senator Tully.
609
1 SENATOR TULLY: To explain my
2 vote. I was really confused on this bill but
3 because of Senator Leichter's lucid
4 explanation, I'm prepared to vote for it.
5 ACTING PRESIDENT HOLLAND: Read
6 the last section.
7 THE SECRETARY: Section 4. This
8 act shall take effect on the first day of
9 January.
10 ACTING PRESIDENT HOLLAND: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 61.
14 ACTING PRESIDENT HOLLAND: The
15 bill is passed.
16 Senator Marcellino, that
17 completes the reading of the controversial
18 calendar.
19 SENATOR MARCELLINO: Mr.
20 President, can we return to reports of standing
21 committees, please.
22 ACTING PRESIDENT HOLLAND: We'll
23 return to the reports of standing committees.
24 The Secretary will read.
25 THE SECRETARY: Senator Volker,
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1 from the Committee on Codes, offers up the
2 following bills: Senate Print 87-A, by Senator
3 Volker, an act to amend the Penal Law, in
4 relation to criminal possession of marijuana;
5 244, by Senator Johnson, an act
6 to amend the Penal Law, in relation to
7 establishing a presumption that a child has
8 been permanently removed;
9 333, by Senator Skelos, an act
10 to amend the Penal Law, in relation to
11 increasing the penalties for custodial
12 interference;
13 402, by Senator Maziarz, an act
14 to amend the Criminal Procedure Law, in
15 relation to plea bargains and felony sex
16 offenses;
17 488, by Senator DeFrancisco, an
18 act to amend the Criminal Procedure Law;
19 538, by Senator Present, an act
20 to amend the Penal Law, in relation to lawful
21 possession;
22 539, by Senator Present, an act
23 to amend the Criminal Procedure Law, in
24 relation to eligibility for youthful offender
25 status;
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1 673, by Senator Saland, an act
2 to amend the Criminal Procedure Law and the
3 Family Court Act;
4 808, by Senator Volker, an act
5 to amend the Criminal Procedure Law, in
6 relation to peace officers;
7 816, by Senator Saland, an act
8 to amend the Penal Law, in relation to
9 authorizing restitution;
10 882, by Senator Spano, an act to
11 amend the Penal Law, in relation to the crime
12 of criminal employment;
13 887, by Senator Volker, an act
14 to amend the Criminal Procedure Law;
15 888, by Senator Volker, an act
16 to amend the Penal Law, in relation to
17 resisting arrest;
18 889, by Senator Volker, an act
19 to amend the Criminal Procedure Law, the Public
20 Health Law and the Public Family Court Act;
21 1101, by Senator Lack, an act to
22 amend the Civil Rights Law, in relation to
23 prohibiting the state from imposing certain
24 fees.
25 Senator Rath, from the Committee
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1 on Local Government, offers up the following
2 bills: Senate Print 526, by Senator Present,
3 an act to amend the General Municipal Law, in
4 relation to economic development zones;
5 647, by Senator Holland, an act
6 to amend the General Municipal Law, in relation
7 to indexing the interest rates;
8 683, by Senator Saland, an act
9 to amend the County Law, in relation to
10 exempting public safety agencies;
11 780, by Senator Cook, an act to
12 amend the General Municipal Law;
13 781, by Senator Cook, an act to
14 amend the Town Law and the Village Law;
15 and
16 1128, by Senator Seward, an act
17 to amend the County Law, in relation to
18 establishing county communication systems.
19 Senator Present, from the
20 Committee on Commerce, Economic Development and
21 Small Businesses, offers up the following
22 bills: 653, by Senator Johnson, an act to
23 amend the State Administrative Procedure Act;
24 765, by Senator Present, an act
25 to amend the State Administrative Procedure
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1 Act, in relation to compliance requirements.
2 Senator Saland, from the
3 Committee on Children and Families, offers up
4 the following bills: Senate Print 98, by
5 Senator Volker, an act to amend the Domestic
6 Relations Law and the Family Court Act;
7 233, by Senator Holland, an act
8 to amend the Domestic Relations Law, in
9 relation to notification;
10 332, by Senator Skelos, an act
11 to amend the Social Service Law, in relation to
12 access to certain conviction records;
13 489, by Senator Saland, an act
14 to amend the Family Court Act, in relation to
15 evidence of child neglect;
16 491, by Senator Saland, an act
17 to amend the Family Court Act, in relation to
18 placement of children;
19 817, by Senator Saland, an act
20 to amend the Family Court Act, in relation to
21 extensions;
22 1483, by Senator Spano, an act
23 to amend the Social Service Law, in relation to
24 requiring investigation.
25 Senator DeFrancisco, from the
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1 Committee on Tourism, Recreation and Sports
2 Development, offers up the following bill:
3 1664, by Senator Goodman, an act to amend
4 Chapter 912 of the Laws of 1920, relating to
5 allowing and regulating boxing, sparring and
6 wrestling matches.
7 Senator Goodman, from the
8 Committee on Investigations, Taxation and
9 Government Operations, offers up the following
10 bills: Senate Print 535, by Senator Present,
11 an act authorizing the Commissioner of General
12 Services to transfer and convey certain state
13 lands; and
14 810, by Senator Goodman, an act
15 to amend the Arts and Cultural Affairs Law, in
16 relation to financing work in capital loans.
17 All bills directly for third
18 reading.
19 ACTING PRESIDENT HOLLAND:
20 Continue the order of business.
21 Reports of select committees.
22 Communications and reports from
23 state officers -- oh, I'm sorry. Without
24 objection, the response from the committees
25 direct to Third Reading Calendar. No
615
1 objections, so ordered.
2 Continue with the order of
3 business.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Senator Marcellino, that
8 completes the order of business.
9 SENATOR MARCELLINO: Mr.
10 President, is there any housekeeping at the
11 desk?
12 ACTING PRESIDENT HOLLAND: No
13 housekeeping.
14 SENATOR MARCELLINO: There being
15 no further business, I move we adjourn until
16 Wednesday, February 5th, at 11:00 a.m.
17 ACTING PRESIDENT HOLLAND: Upon
18 motion, the Senate stands adjourned until
19 Wednesday, February 5th, at 11:00 a.m.
20 (Whereupon, at 4:07 p.m., the
21 Senate adjourned.)
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