Regular Session - February 23, 1998
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9 ALBANY, NEW YORK
10 February 23, 1998
11 3:05 p.m.
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14 REGULAR SESSION
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18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
19 STEPHEN M. BOGGESS, 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 you please rise and join
4 me in the Pledge of Allegiance.
5 (The assemblage repeated the
6 Pledge of Allegiance to the Flag.)
7 The invocation today will be
8 given by Pastor Selwyn Wilkinson from Our Lady
9 of Lourdes Spiritual Baptist Church in
10 Brooklyn.
11 Pastor Wilkinson.
12 PASTOR SELWYN WILKINSON: On
13 behalf of the Spiritual Baptists, the islands
14 of Trinidad and Tobago, my prayers of
15 invocation to you: Our Father which art in
16 heaven, hallowed be Thy name. Thy kingdom
17 come; Thy will be done on earth as it is in
18 heaven. Give us this day our daily bread and
19 forgive us our trespasses as we forgive those
20 that trespass against us and lead us not into
21 temptation, but deliver us from all evil, for
22 Thine is the kingdom and the power and the
23 glory forever and ever. Amen.
24 Almighty God, Who hast given us
25 grace at this time to make our supplications
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1 unto You, that You have promised that where
2 two or three have gathered together, You are
3 in the midst, and that is to bless. Bless
4 this assembly, almighty God, our chairmen, the
5 decisions they have to make. Grant them,
6 almighty God, and guide them, O great Jehovah,
7 guide them that they will go in the right
8 direction that will be prosperous to all that
9 dwell within the state of New York. I ask
10 You, almighty God, to send Your blessings.
11 Come, O Spirit, come, Spirit divine, attend
12 our prayers and make them as Thine own.
13 Descend with all Thy gracious powers. O come,
14 sweet Spirit, come. Come to bless, almighty
15 God. Guide them, O great Jehovah. Guide us,
16 good almighty God, we thank Thee for Senator
17 Markowitz who have invited us, and may the
18 assembly, almighty God, Conservative,
19 Republican or Democrat, whatever they have to
20 do, let it be precious in your sight, almighty
21 God, for the benefit of this nation. Bless
22 our President, almighty God, and our
23 Governor. This, I ask in no other name but in
24 Jesus' almighty name.
25 The Lord is my shepherd. I
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1 shall not want. He maketh me to lie down in
2 green pastures and beside the still waters and
3 restores my soul. He leads me in the paths of
4 righteousness for his name's sake. Yea,
5 though I walk through the valley of the shadow
6 of death, I shall fear no evil, for God gives
7 me Thy rod and Thy staff, they comfort me.
8 Thou preparest a table before me in the
9 presence of my enemies. Thou anointest my
10 head with oil, that goodness and mercy shall
11 follow us all the days of our life and we
12 shall dwell in the house of the Lord forever.
13 Thank you, dear Jesus. In
14 Jesus' almighty name, in Jesus almighty.
15 THE PRESIDENT: Amen.
16 The reading of the Journal,
17 please.
18 THE SECRETARY: In Senate,
19 Friday, February 20th. The Senate met pursuant
20 to adjournment. The Journal of Thursday,
21 February 19th, was read and approved. On
22 motion, Senate adjourned.
23 THE PRESIDENT: Without
24 objection, the Journal stands approved as
25 read.
778
1 Presentation of petitions.
2 Messages from the Assembly.
3 Messages from the Governor.
4 Reports of standing
5 committees.
6 Secretary will read.
7 THE SECRETARY: Senator
8 Leibell, from the Committee on Housing,
9 Construction and Community Development,
10 reports:
11 Senate Print 6152, by Senator
12 Leibell, an act to amend the Private Housing
13 Finance Law;
14 6153, by Senator Leibell, an
15 act to amend the Private Housing Finance Law;
16 6154, by Senator Leibell, an
17 act to amend the Private Housing Finance Law.
18 Senator Velella, from the
19 Committee on Insurance, reports:
20 Senate Print 2550-B, by Senator
21 Johnson, an act to amend the Insurance Law and
22 the Vehicle and Traffic Law;
23 2684-B, by Senator Johnson, an
24 act to amend the Insurance Law;
25 3883, by Senator Velella, an
779
1 act to repeal Section 4227 of the Insurance
2 Law, and
3 4055, by Senator Saland, an act
4 to repeal Section 334 of the Insurance Law.
5 All bills directly for third
6 reading.
7 THE PRESIDENT: Without
8 objection, all bills directly to third
9 reading.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Marcellino.
15 SENATOR MARCELLINO: Madam
16 President, I move the following bill be
17 discharged from the respective committee and
18 be recommitted with instructions to strike the
19 enacting clause: That would be Senate Print
20 Number 3279.
21 ACTING PRESIDENT HOLLAND:
22 Without objection, the enacting clause will be
23 stricken.
24 SENATOR MARCELLINO: Mr.
25 President, amendments are offered to the
780
1 following Third Reading Calendar bills:
2 Sponsored by Senator Volker,
3 page number 9, Calendar Number 143, Senate
4 Print Number 1467-A;
5 Sponsored by Senator Johnson,
6 page 12, Calendar Number 187, Senate Print
7 Number 4834-C;
8 By Senator Skelos, page number
9 12, Calendar Number 193, Senate Print Number
10 1983-A;
11 Sponsored by Senator Maziarz,
12 page number 13, Calendar Number 194, Senate
13 Print Number 5083;
14 By Senator Seward, page number
15 15, Calendar Number 218, Senate Print Number
16 3267; and finally
17 By Senator Kuhl, page number
18 14, Calendar Number 213, Senate Print Number
19 3157- A, and, Mr. President, I now move that
20 these bills retain their place on the order of
21 third reading.
22 ACTING PRESIDENT HOLLAND:
23 Amendments are received. The bills will
24 retain their place on the Third Reading
25 Calendar.
781
1 SENATOR SKELOS: Mr.
2 President.
3 ACTING PRESIDENT HOLLAND:
4 Senator Skelos.
5 SENATOR SKELOS: Before we go
6 on with the resolutions, I just want to point
7 out to the members that there are new mikes on
8 the desks that are extremely sensitive, and
9 you probably received a memo from the
10 Secretary of the Senate, Steve Boggess, that
11 mentions this, but I also want to point out
12 that one of the mikes which happens to be on
13 Senator Stachowski's desk right now is on, on
14 a permanent basis, until it can be fixed. So,
15 for example, you could be sitting in the
16 fireplace discussing something with Senator
17 Dollinger and it may be heard over the squawk
18 boxes, so again, these mikes are very
19 sensitive, and we should just recognize that.
20 ACTING PRESIDENT HOLLAND:
21 Watch what you say.
22 SENATOR SKELOS: If we could
23 take up at this time a resolution by -
24 privileged resolution by Senator Johnson. I'd
25 ask that it be read in its entirety and move
782
1 for its immediate adoption.
2 ACTING PRESIDENT HOLLAND:
3 Secretary will read.
4 THE SECRETARY: By Senator
5 Johnson, Legislative Resolution, recognizing
6 the F.E.G.S. Suffolk Vocational Center, Bailey
7 House West-South Oaks, upon the occasion of
8 commemorating the 20th Anniversary of New York
9 State's Displaced Homemaker Program.
10 ACTING PRESIDENT HOLLAND: The
11 question is on the resolution.
12 THE SECRETARY: WHEREAS -
13 ACTING PRESIDENT HOLLAND: I'm
14 sorry.
15 THE SECRETARY: WHEREAS,
16 organizations which serve the interests of the
17 people of this Empire State merit the
18 commendation of this legislative body;
19 New York State's Displaced
20 Homemaker Program has served the interests of
21 the people of New York State for 20 years;
22 This legislative body is justly
23 proud to recognize F.E.G.S. Suffolk Vocational
24 Center, Bailey House, West-South Oaks of
25 Amityville, New York, upon the occasion of
783
1 commemorating the 20th Anniversary of New York
2 State's Displaced Homemaker Program, a program
3 that has been recognized across the United
4 States for its innovative services for
5 individuals into permanent paid employment;
6 F.E.G.S. Suffolk Vocational is
7 under the competent guidance of Fay
8 Sutherland, a skilled and inspirational
9 director whose illustrious reputation is
10 renowned throughout Suffolk County;
11 Established in 1978, the New
12 York State Department of Labor's Displaced
13 Homemaker Program is one of the oldest, most
14 successful state funded resources of its kind.
15 The 24 multi-purpose centers offer a caring
16 holistic approach, multiple services and a
17 community of support aimed at addressing the
18 complex problems faced by displaced homemakers
19 entering or re-entering the paid job market;
20 The multi-purpose Displaced
21 Homemaker Centers provide a wide range of
22 services designed to help a displaced
23 homemaker overcome multiple barriers and reach
24 economic and personal self-sufficiency. The
25 centers provide "job readiness" services that
784
1 give displaced homemakers the opportunity to
2 make informed job and career decisions and
3 learn life planning skills. In addition, it
4 builds strong relationships with employers and
5 educational institutions that result in
6 training programs that aid economic
7 development efforts in local communities;
8 Since 1978, over 140,000
9 individuals have received employment-related
10 services. Over 28,000 homemakers have entered
11 the labor force while another almost 26,000
12 went on for further education or training;
13 It is estimated that 1,962
14 homemakers who entered employment in the
15 1995-96 program year contributed some $16
16 million to the state's economy through their
17 wages alone. Since wages generate spending in
18 a community, the total economic impact on the
19 state is estimated at over $42 million;
20 Through its sustained
21 commitment to the preservation and enhancement
22 of human dignity New York State's Displaced
23 Homemaker Program has so unselfishly advanced
24 that spirit of united purpose and shared
25 concern which is the unalterable manifestation
785
1 of our American experience;
2 NOW, THEREFORE BE IT RESOLVED
3 that this legislative body pause in its
4 deliberations to commemorate the 20th
5 Anniversary of New York State's Displaced
6 Homemaker Program, fully confident that such
7 procedure mirrors our shared commitment to
8 preserve, to enhance and to yet effect that
9 patrimony of freedom which is our American
10 heritage; and
11 BE IT FURTHER RESOLVED that a
12 copy of this resolution, suitably engrossed,
13 be transmitted to Fay Sutherland, Director
14 F.E.G.S., Suffolk Vocational Center, Bailey
15 House West-South Oaks.
16 SENATOR JOHNSON: Mr.
17 President.
18 ACTING PRESIDENT HOLLAND:
19 Senator Johnson.
20 SENATOR JOHNSON: Mr.
21 President, I'm proud to say that 20 years ago
22 I played a role in establishing this first
23 Displaced Homemaker Program.
24 We are honored today to have
25 the resolution read on this anniversary and
786
1 have Miss Fay Sutherland, who serves many
2 people in my district, here today to represent
3 the group. Thank you, Miss Sutherland, for
4 being here.
5 ACTING PRESIDENT HOLLAND:
6 Senator Johnson, would you like to open up the
7 resolution for co-sponsorship?
8 SENATOR JOHNSON: Yes, of
9 course, Mr. President, and I'd like
10 recognition of Miss Sutherland, who was
11 standing as everyone noticed that she was here
12 and we welcome her on this occasion.
13 Thank you.
14 ACTING PRESIDENT HOLLAND: The
15 Senate recognizes Mrs. Sutherland and
16 congratulates you on your activities here.
17 (Applause)
18 The question -- let me do the
19 resolution, Senator Skelos.
20 The question is on the
21 resolution. All in favor say aye.
22 (Response of "Aye.")
23 Opposed say no.
24 (There was no response. )
25 The resolution is carried.
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1 Everyone will appear on the resolution unless
2 they so signify.
3 Senator Skelos.
4 SENATOR SKELOS: Mr. President,
5 I believe there is a privileged resolution at
6 the desk sponsored by Senator Holland.
7 ACTING PRESIDENT HOLLAND: Good
8 resolution.
9 The Secretary will read.
10 SENATOR SKELOS: I think we're
11 just going to ask that the title be read on
12 this one -
13 ACTING PRESIDENT HOLLAND:
14 Please.
15 SENATOR SKELOS: -- and move for
16 its immediate adoption.
17 THE SECRETARY: By Senator
18 Holland, Legislative Resolution paying tribute
19 to the Rockland County citizens who
20 volunteered their time and effort to help the
21 storm victims in the North Country, to
22 recognize on February 24th, 1998.
23 ACTING PRESIDENT HOLLAND: The
24 question is on the resolution. All in favor
25 signify by saying aye.
788
1 (Response of "Aye.")
2 Opposed say no.
3 (There was no response. )
4 The resolution is adopted.
5 Senator Kuhl.
6 SENATOR KUHL: Mr. President,
7 could we take up the non-controversial
8 calendar, please.
9 ACTING PRESIDENT HOLLAND: The
10 Secretary will read the non-controversial
11 calendar, please.
12 THE SECRETARY: Calendar Number
13 5, by Senator Libous, Senate Print 5053, an
14 act to repeal paragraph 3 of subdivision (a)
15 of Section 9.05 of the Mental Hygiene Law.
16 SENATOR PATERSON: Lay aside.
17 ACTING PRESIDENT HOLLAND: Lay
18 aside.
19 THE SECRETARY: Calendar Number
20 32, by Senator Alesi, Senate Print 4012-A, an
21 act to amend the Insurance Law.
22 ACTING PRESIDENT HOLLAND: Read
23 the last section.
24 THE SECRETARY: Section 14.
25 This act shall take effect immediately.
789
1 ACTING PRESIDENT HOLLAND: Call
2 the roll.
3 (The Secretary called the
4 roll. )
5 THE SECRETARY: Ayes 50.
6 ACTING PRESIDENT HOLLAND: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 95, by Senator Volker, Senate Print 1708, an
10 act to amend the Criminal Procedure Law, in
11 relation to the preclusion of evidence.
12 ACTING PRESIDENT HOLLAND: Read
13 the last section.
14 THE SECRETARY: Section 3.
15 This act shall take effect immediately.
16 ACTING PRESIDENT HOLLAND: Call
17 the roll.
18 (The Secretary called the
19 roll. )
20 THE SECRETARY: Ayes 50.
21 ACTING PRESIDENT HOLLAND: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 99, by Senator Skelos, Senate Print 3503, an
25 act to amend the Criminal Procedure Law.
790
1 ACTING PRESIDENT HOLLAND: Read
2 the last section.
3 THE SECRETARY: Section 5.
4 This act shall take effect on the first day of
5 November.
6 ACTING PRESIDENT HOLLAND: Call
7 the roll.
8 (The Secretary called the
9 roll. )
10 THE SECRETARY: Ayes 51.
11 ACTING PRESIDENT HOLLAND: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 123, by Senator Holland, Senate Print 5918, an
15 act to amend the Vehicle and Traffic Law, in
16 relation to exempting vehicles.
17 ACTING PRESIDENT HOLLAND: Read
18 the last section.
19 THE SECRETARY: Section 2.
20 This act shall take effect immediately.
21 ACTING PRESIDENT HOLLAND: Call
22 the roll.
23 (The Secretary called the
24 roll.)
25 THE SECRETARY: Ayes 51.
791
1 ACTING PRESIDENT HOLLAND: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 124, by Senator Present, Senate Print 2536, an
5 act to amend the Economic Development Law, in
6 relation to directing a rural agribusiness.
7 ACTING PRESIDENT HOLLAND: Read
8 the last section.
9 THE SECRETARY: Section 2.
10 This act shall take effect immediately.
11 ACTING PRESIDENT HOLLAND: Call
12 the roll.
13 (The Secretary called the
14 roll.)
15 THE SECRETARY: Ayes 51.
16 ACTING PRESIDENT HOLLAND: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 128, by Senator Seward, Senate Print 1182, an
20 act to amend the County Law, in relation to
21 establishing county communications.
22 ACTING PRESIDENT HOLLAND: Read
23 the last section.
24 THE SECRETARY: Section 2.
25 This act shall take effect on the first day of
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1 January.
2 ACTING PRESIDENT HOLLAND: Call
3 the roll.
4 (The Secretary called the
5 roll.)
6 THE SECRETARY: Ayes 51.
7 ACTING PRESIDENT HOLLAND: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 129, by Senator Cook, Senate Print 1419, an
11 act to amend the Real Property Tax Law, in
12 relation to statements of taxes by school
13 districts.
14 ACTING PRESIDENT HOLLAND: Read
15 the last section.
16 THE SECRETARY: Section 2.
17 This act shall take effect immediately.
18 ACTING PRESIDENT HOLLAND: Call
19 the roll.
20 (The Secretary called the
21 roll.)
22 THE SECRETARY: Ayes 51.
23 ACTING PRESIDENT HOLLAND: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
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1 173, by Senator Trunzo, Senate Print 4277, an
2 act to amend the Civil Service Law.
3 ACTING PRESIDENT HOLLAND: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT HOLLAND: Call
8 the roll.
9 (The Secretary called the
10 roll.)
11 THE SECRETARY: Ayes 51.
12 ACTING PRESIDENT HOLLAND: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 184, by Senator Kuhl, Senate Print 546, an act
16 to amend the Agriculture and Markets Law, in
17 relation to producer referendum.
18 ACTING PRESIDENT HOLLAND: Read
19 the last section.
20 THE SECRETARY: Section 4.
21 This act shall take effect immediately.
22 ACTING PRESIDENT HOLLAND: Call
23 the roll.
24 (The Secretary called the
25 roll.)
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1 THE SECRETARY: Ayes 51.
2 ACTING PRESIDENT HOLLAND: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 208, by Senator Stafford, Senate Print 121, an
6 act to amend the Environmental Conservation
7 Law, in relation to non-hazardous municipal
8 landfill.
9 ACTING PRESIDENT HOLLAND: Read
10 the last section.
11 THE SECRETARY: Section 2.
12 This act shall take effect immediately.
13 ACTING PRESIDENT HOLLAND: Call
14 the roll.
15 (The Secretary called the
16 roll.)
17 THE SECRETARY: Ayes 51.
18 ACTING PRESIDENT HOLLAND: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 211, by Senator Marcellino, Senate Print 1388,
22 an act to amend the Environmental Conservation
23 Law, in relation to exemptions.
24 ACTING PRESIDENT HOLLAND: Lay
25 the bill aside.
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1 THE SECRETARY: Calendar Number
2 222, by Senator Larkin, Senate Print 6001, an
3 act to amend the Town Law, in relation to
4 exempting the Good Will Fire District in
5 Orange County.
6 ACTING PRESIDENT HOLLAND: Read
7 the last section.
8 THE SECRETARY: Section 2.
9 This act shall take effect immediately.
10 ACTING PRESIDENT HOLLAND: Call
11 the roll.
12 (The Secretary called the
13 roll.)
14 THE SECRETARY: Ayes 51.
15 ACTING PRESIDENT HOLLAND: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 223, by Senator Volker, Senate Print 222, an
19 act to amend the Penal Law and the Criminal
20 Procedure Law.
21 ACTING PRESIDENT HOLLAND: Lay
22 the bill aside.
23 THE SECRETARY: Calendar Number
24 224, by Senator Goodman, Senate Print 424, an
25 act to amend the Penal Law, in relation to
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1 consecutive terms.
2 ACTING PRESIDENT HOLLAND: Read
3 the last section.
4 THE SECRETARY: Section 2.
5 ACTING PRESIDENT HOLLAND: Call
6 the roll. Last section.
7 THE SECRETARY: Section 2.
8 This act shall take effect on the first day of
9 November.
10 ACTING PRESIDENT HOLLAND: Call
11 the roll.
12 (The Secretary called the
13 roll.)
14 THE SECRETARY: Ayes 51.
15 ACTING PRESIDENT HOLLAND: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 235, by Senator Balboni, Senate Print 5950, an
19 act to amend the Penal Law, in relation to
20 consecutive sentences.
21 SENATOR KUHL: Lay the bill
22 aside for the day, please.
23 ACTING PRESIDENT HOLLAND: Lay
24 the bill aside for the day.
25 SENATOR KUHL: At the request
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1 of the sponsor.
2 ACTING PRESIDENT HOLLAND: At
3 the request of the sponsor.
4 Senator Kuhl, we'd like to read
5 a couple of substitutions, if it's O.K. with
6 you.
7 SENATOR KUHL: If you'd like to
8 do that, fine, let's do that.
9 ACTING PRESIDENT HOLLAND:
10 Secretary will read.
11 THE SECRETARY: Senator Leibell
12 moves to discharge from the Committee on
13 Housing, Construction and Community
14 Development Assembly Print 8870, and
15 substitute it for the identical Senate Print
16 6042.
17 Senator Leibell moves to
18 discharge from the Committee on Housing,
19 Construction and Community Development
20 Assembly Print 8869 and substitute it for the
21 identical Senate Bill 6043.
22 And Senator Leibell moves to
23 discharge from the Committee on Housing,
24 Construction and Community Development
25 Assembly Bill 8871 and substitute it for the
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1 identical Senate Bill 6044.
2 ACTING PRESIDENT HOLLAND:
3 Without objection, the substitutions are
4 ordered.
5 Senator Kuhl.
6 SENATOR KUHL: Yes, Mr.
7 President. Can we now take up the
8 controversial calendar, commencing with
9 Calendar Number 5, by Senator Libous.
10 ACTING PRESIDENT HOLLAND:
11 Secretary will read the controversial
12 calendar, Calendar Number 5.
13 THE SECRETARY: Calendar Number
14 5, by Senator Libous, Senate Print 5053, an
15 act to repeal paragraph 3 of subdivision (a)
16 of Section 9.05 of the Mental Hygiene Law.
17 SENATOR PATERSON: Explanation.
18 ACTING PRESIDENT HOLLAND:
19 Explanation has been requested.
20 SENATOR LIBOUS: Thank you, Mr.
21 President.
22 Currently the Mental Hygiene
23 Law, Section 9.05, prohibits physicians on the
24 staff of a private hospital from authorizing
25 the admission of a mentally ill patient to
799
1 that hospital.
2 What this would do is remove
3 that provision and allow a physician on staff
4 to make such an examination of a mentally ill
5 individual, and it would indeed provide
6 admission for that patient.
7 ACTING PRESIDENT HOLLAND: Read
8 the last section.
9 Senator.
10 SENATOR MONTGOMERY: Yes, thank
11 you, Mr. President.
12 I would like to know if Senator
13 Libous would yield for a couple of questions.
14 ACTING PRESIDENT HOLLAND:
15 Senator Libous, would you yield?
16 SENATOR LIBOUS: Certainly, Mr.
17 President.
18 ACTING PRESIDENT HOLLAND:
19 Senator yields, Senator Montgomery.
20 SENATOR MONTGOMERY: Senator,
21 you indicate that the existing law may serve
22 as an obstacle to the timely admission of a
23 mentally ill person. Can you provide us any
24 evidence of this happening; is there some
25 indication that this is a real problem?
800
1 SENATOR LIBOUS: Yes. We've
2 had a number of physicians who are presently
3 at these institutions through their
4 association over the years that have come to
5 us and discussed the problem with admission
6 because presently if they're on staff they
7 have a patient who needs to be involuntarily
8 admitted that they can't get them in and
9 there's some problems that exist because
10 they're on staff.
11 SENATOR MONTGOMERY: If you
12 would continue to yield, Senator Libous.
13 In what instances are the
14 services to mentally ill patients being
15 delayed and how long are these delays, do you
16 -- is there an indication of how long the
17 delays may be?
18 SENATOR LIBOUS: I don't know
19 how long the delays are. I don't have that
20 information, but what we're -- what we try to
21 do here, Mr. President, is to make sure that
22 someone who is in need of these services can
23 get them as soon as possible, but I don't have
24 any -- I'm sure that I could dig up those
25 stories.
801
1 SENATOR MONTGOMERY: Just a
2 couple of other questions. The -- you
3 indicate that there is some difficulty or at
4 least the physicians have indicated. Do you
5 think that we need to take some more time to
6 study this issue before or is this -- there an
7 urgency that you think we need to move ahead
8 with this particular legislation?
9 SENATOR LIBOUS: Thank you.
10 Mr. President, I do believe we need to move
11 ahead. I believe it did pass this body last
12 year and, as I said, it has been something
13 that we've discussed for a number of years and
14 presently I know that on the books this
15 provision doesn't apply to physicians who are
16 staff members of a general hospital or a
17 state-operated facility at the present time,
18 so we feel that if it's something that doesn't
19 pertain to those particular hospitals, it
20 doesn't -- it shouldn't also pertain to some
21 of the private hospitals.
22 SENATOR MONTGOMERY: All
23 right. Thank you, Mr. President. Briefly on
24 the bill.
25 ACTING PRESIDENT HOLLAND:
802
1 Senator Montgomery, on the bill.
2 SENATOR MONTGOMERY: There are
3 a couple of concerns that have been expressed
4 by some of the -- the Mental Health
5 Association and mental health advocates and
6 they relate to the issue of the concern for an
7 impartial designation of people who are being
8 admitted and particularly in those instances
9 where it might be possible for an institution
10 to seek admission or to agree to having an
11 admission because it helps to fill the beds of
12 that particular facility, and it's -- this is
13 the same problem that we have experienced with
14 pre-school handicapped children or children
15 with handicapping conditions. Because many of
16 the evaluating -- evaluators have a particular
17 connection with a specific institution, we've
18 found that in too many instances children were
19 evaluated and placed in the same institutions
20 that these evaluators were connected with and
21 so that same problem is -- I'm afraid might be
22 happening vis-a-vis relaxing this particular
23 provision.
24 So I just wanted to raise this
25 with you, Senator, that there is a concern and
803
1 we certainly would not want to find ourselves
2 in a situation where we're having people
3 placed possibly inappropriately based on the
4 interest of an institution rather than the
5 interest of an individual.
6 Thank you.
7 ACTING PRESIDENT HOLLAND:
8 Senator Paterson.
9 SENATOR PATERSON: Thank you
10 very much, Mr. President.
11 If Senator Libous would yield
12 for a question.
13 ACTING PRESIDENT HOLLAND:
14 Senator, do you yield?
15 SENATOR LIBOUS: I would be
16 honored.
17 ACTING PRESIDENT HOLLAND:
18 Senator yields.
19 SENATOR PATERSON: Senator
20 Libous, last year I came to this chamber
21 opposed to this legislation and was persuaded
22 by the argument that you offered at that
23 particular time and since the legislation has
24 actually not passed, I just wanted to offer a
25 suggestion to you, something I thought perhaps
804
1 might alleviate some of the concerns of the
2 Mental Health Association and some of the
3 advocates who have voiced their concerns to
4 us, well articulated by Senator Montgomery.
5 This is simply a civil
6 commitment case under Section 9 of the Mental
7 Health -- I believe it's Section 9.43 in which
8 two physicians sign the certificate enabling
9 the institution to take control over the
10 individual who's unable to distinguish to the
11 extent that they could care for themselves.
12 The concern that Senator Montgomery raised is
13 that, if the particular physician has a strong
14 fiduciary responsibility or proprietary
15 relationship with the institution, that even
16 if the physician is trying to be fair that
17 there is certainly an implicit understanding
18 that the physician might, because of other
19 factors, be persuaded to feel that the patient
20 should be committed.
21 What I'm thinking is rather
22 than attack the problem as the law does now by
23 saying that no physician can sign the
24 statement unless they are not -- they don't
25 have a financial relationship with the
805
1 hospital, would it be better for two
2 physicians to sign the statement anyway, to
3 draft the legislation so that, as long as one
4 of the two physicians, provides a certificate
5 that he has no interested, financial or
6 otherwise in the hospital, then it would be
7 understood that this would be an adequate
8 commitment.
9 So my question is, would you
10 consider rather than just waiving what is
11 right now the obligation under the law, simply
12 turning it around and stating that as long as
13 one of the two physicians is unrelated
14 financially to the institution that the
15 certificate with both signatures would be
16 valid?
17 SENATOR LIBOUS: Mr. President,
18 Senator Paterson raises a good point and I'd
19 like to address that.
20 I believe, Senator, that if you
21 look at what we're asking for in the
22 legislation, this would simply allow a
23 physician to admit a patient for a 15-day
24 period so that they can make that
25 determination and get help from someone or
806
1 force someone who has a mental illness and we
2 have presently in place organizations such as
3 the state Mental Hygiene Legal Services or the
4 state Commission on Quality Care which exists
5 to make sure that the safeguards that are in
6 place, and we also have the Patient's Bill of
7 Rights, which guarantees that such patients
8 will be fully informed about their treatment
9 and their options that are open and available
10 to them.
11 The other point that I'd also
12 like to make that I think answers Senator
13 Paterson's concern, Mr. President, is finally
14 insurance companies pay close attention,
15 particularly nowadays and won't authorize
16 coverage of in-patient care if it isn't
17 warranted, so I believe, Mr. President, that
18 there are a number of safeguards in place and
19 particularly with, as I mentioned, the
20 Commission on Quality Care which is something
21 that we have some jurisdiction and control
22 over, and that if there was a situation that
23 did exist, where you know, people were being
24 placed arbitrarily into hospitals and that one
25 of those, that physician might have some
807
1 interest in the hospital, that would have come
2 to our attention quite quickly, and I think
3 that would be addressed.
4 But it's a good question.
5 Those safeguards have to be watched for. We
6 need to make sure that, as we pass a number of
7 pieces of legislation in this house, that we
8 are cautious in providing proper treatment to
9 individuals who need it on a basis that is
10 expedient but at the same time we have to make
11 sure that we are not helping others to
12 profit.
13 ACTING PRESIDENT HOLLAND: Read
14 the last section.
15 THE SECRETARY: Section 2.
16 This act shall take effect immediately.
17 ACTING PRESIDENT HOLLAND: Call
18 the roll.
19 (The Secretary called the
20 roll. )
21 THE SECRETARY: Those recorded
22 in the negative on Calendar Number 5 are
23 Senators Abate, Leichter, Montgomery and
24 Paterson. Ayes 50, nays 4.
25 ACTING PRESIDENT HOLLAND: The
808
1 bill is passed.
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 211, by Senator Marcellino, Senate Print 1388,
5 an act to amend the Environmental Conservation
6 Law, in relation to exemption for hazardous
7 packaging.
8 ACTING PRESIDENT HOLLAND:
9 Senator Oppenheimer.
10 SENATOR OPPENHEIMER: I'm
11 sorry. Were we up to Calendar Number 211?
12 ACTING PRESIDENT HOLLAND:
13 That's correct.
14 SENATOR OPPENHEIMER: Could I
15 have an explanation, please, Senator
16 Marcellino?
17 ACTING PRESIDENT HOLLAND:
18 Explanation has been requested.
19 SENATOR MARCELLINO:
20 Certainly. Mr. President, thank you.
21 Mr. President, the idea of
22 recycling and packaging of products that are
23 used for the prevention of tampering or damage
24 until the product reaches the consumer is a
25 poor industry. Packaging also presents many
809
1 problems because, after the product reaches
2 the consumer most packaging ends up in the
3 solid waste stream. Therefore, we must have
4 effective programs in place to deal with
5 packaging the waste.
6 We also must have a means of
7 encouraging the recycling industry, which this
8 bill seeks to do. What this bill seeks to do
9 is to allow certain exemptions to occur to the
10 law which is in response to the -- an
11 organization called CONEG, which is an acronym
12 for the Coalition of Northeastern Governors.
13 These people have requested that these
14 exemptions be permitted and that they be
15 extended.
16 They exist in law now except
17 there is some confusion in the law as to how
18 many times these exemptions can be granted.
19 Certain federal legislation that exists
20 requires certain exemptions. Certain
21 packaging rules, these exemptions were made in
22 compliance with -- in accordance with the
23 federal legislation. The federal legislation
24 still exists, no change there.
25 It would seem logical to allow
810
1 these exemptions to move on and to still
2 continue to exist. This bill has been
3 introduced twice. In 1996 it passed 56 to
4 nothing; in 1997 it passed 58 to nothing.
5 ACTING PRESIDENT HOLLAND:
6 Senator Oppenheimer.
7 SENATOR OPPENHEIMER: Would
8 Senator Marcellino yield for a couple of
9 questions, please?
10 SENATOR MARCELLINO: Sure.
11 ACTING PRESIDENT HOLLAND: He
12 does.
13 SENATOR OPPENHEIMER: I have a
14 couple of questions on this, because I don't
15 understand how the law would pass in 1990 and
16 here we are seven, eight years later, and I
17 can't understand why -- why we haven't found
18 alternatives to this packaging because we're
19 many years later, and it was supposed to be
20 found by now; so could you explain that.
21 SENATOR MARCELLINO: Senator,
22 the alternatives that you're talking about. I
23 know what you're dealing with. You're dealing
24 with substances that are put into the
25 packaging as a result of their being
811
1 recycled. Any toxic substance, any heavy
2 metals that might be present in this packaging
3 comes from the fact that it is a recycled
4 substance. This is not newly added material.
5 This is not something that would be put on
6 brand new packaging or brand new stuff. This
7 is stuff that would enter as a part of it
8 being recycled perfectly. For example, this
9 piece of paper has ink on it. The ink may
10 have some substances present in it that may
11 add to the waste stream.
12 We're concerned -- that's what
13 the exemption deals with. We're trying to
14 force the recycling industry, that is a
15 marketplace-driven industry, and it is a very
16 difficult one. There are days and there are
17 months when you get paid to take certain
18 material, and they'll buy it from you. There
19 are times when a municipality or an agent
20 would have to pay to get it taken away from -
21 get it removed. It is not a simple
22 situation. It is not an easy industry to move
23 ahead. The technology is not moving as
24 quickly as anyone would like.
25 However, the problem still
812
1 exists. We need recycling. We want them to be
2 recycled. We're trying to encourage
3 recycling.
4 SENATOR OPPENHEIMER: I cannot
5 hear. There is an awful lot of conversation
6 going on, and I'm trying very hard to focus,
7 but it's -- it's just impossible.
8 ACTING PRESIDENT HOLLAND:
9 Could we have some quiet in the chamber,
10 please. I don't know whether it's the new
11 mikes or not, because it's more difficult to
12 hear.
13 SENATOR OPPENHEIMER: It may be
14 the new mikes, but I think I got about half of
15 what you said, Senator Marcellino.
16 SENATOR MARCELLINO: You've
17 heard more than I said then.
18 SENATOR OPPENHEIMER: What?
19 SENATOR MARCELLINO: You've
20 heard more than I said.
21 SENATOR OPPENHEIMER: Well, if
22 these exemptions, these two-year exemptions
23 are necessary because the technology hasn't
24 come along sufficiently, I mean I understand
25 we don't want this in our -- in our sites
813
1 because we certainly want to try and protect
2 our earth and water, but I have trouble
3 understanding why they are being recycled
4 anyway if they have contain lead, cadmium,
5 mercury, chromium, but the question I have at
6 this point is, we've been -- we've been giving
7 two-year exemptions. You come in each year for
8 a single two-year exemption.
9 This permits multiple two-year
10 exemptions. I don't understand why we have to
11 increase the time. Why are they coming back
12 every two years for the exemption?
13 SENATOR MARCELLINO: We're not
14 increasing the time, Senator. We're keeping
15 the same exemption with the change in the
16 language which says up to two years, so it
17 could be shorter if necessary, if the
18 situation changes.
19 New York State's representative
20 to CONEG has assured us that participating
21 states will -- all believe that this general
22 exemption to aid recycling will end in the
23 year 2000.
24 You seem to be having a
25 problem. I don't know whether I'm talking loud
814
1 enough or what.
2 SENATOR OPPENHEIMER: I'm
3 trying to hear as best I can, but these new
4 mikes don't seem to be doing much of a job
5 here.
6 I thought that the applicant -
7 through you, Mr. President, I thought the
8 applicant would come in for more than a single
9 two-year exemption; they could come in for a
10 multiple of two-year exemptions.
11 SENATOR MARCELLINO: The
12 current law, Senator, we believe is somewhat
13 ambiguous on that situation. As I said
14 earlier, the federal law requires the changes
15 that we have recycling and all of that to go
16 on. It requires it. That law still exists.
17 Those problems still exist. We see no reason
18 and there's nothing relative to changing in
19 the system or in the recycling industry to
20 warrant us to just do away with that without
21 effectively or negatively impacting the whole
22 recycling industry as well.
23 It is, as I said earlier, a
24 difficult industry at best. It is market
25 driven; it is not being driven very well
815
1 because the marketplace is, quite frankly,
2 saturated with an awful lot of material, so
3 we're trying to help this industry, by
4 encouraging them and encouraging business to
5 use recycled materials rather than to go and
6 say, We won't use recycled materials at all.
7 We will seek new materials. That means virgin
8 wood. That means cutting down more forests.
9 That means generating new paper products.
10 We're trying to allow them to use the recycled
11 products as much as we possibly can.
12 Nothing in this legislation
13 would provide a health hazard to any user of
14 the packaged material, so that if you picked
15 up an object that -- that contains this
16 material, there is no health hazard to you as
17 an individual consumer or anyone else. We're
18 trying to again deal with what we consider to
19 be ambiguities in the federal law and in the
20 state law. If the federal law still exists,
21 then the state law should allow for some
22 standard as long as that federal law is
23 unchanged, as long as conditions are
24 unchanged.
25 SENATOR OPPENHEIMER: O.K. If
816
1 the Senator would yield for another question?
2 SENATOR MARCELLINO: Sure.
3 ACTING PRESIDENT HOLLAND:
4 Senator yields.
5 SENATOR OPPENHEIMER: I can
6 understand your point and I'm willing to
7 accept the recycling aspect of it, but I don't
8 understand why a new exception was added at
9 this time and that new exception which wasn't
10 in the law for the last seven, eight years is
11 for radioactivity -- radioactive packaging.
12 That I don't understand, if it wasn't there
13 for the last seven, eight years, why is it now
14 in the law, in this act proposed?
15 SENATOR MARCELLINO: You're
16 absolutely right, Senator. That's a new
17 exemption, but those things don't end up in
18 any waste stream. We don't dump them into
19 municipal landfills. They don't go into
20 anything like that. They're very carefully
21 dealt with and they're carefully removed and
22 packaged in their own methodology. They're not
23 put into your typical waste stream. They
24 don't hit municipal landfills and the like.
25 SENATOR OPPENHEIMER: Can you
817
1 tell me -- through you, Mr. President, can you
2 tell me why that wasn't -- why that is now
3 necessary in this law when it wasn't in the
4 last law, the one from 1990?
5 SENATOR MARCELLINO: This had
6 been -- this particular exemption, Senator,
7 I'm sure -- I just wanted to check with
8 counsel, but this particular exemption has
9 been in the last two bills that passed both
10 the last two years. This is not new,
11 Senator. This has been in the bill for the
12 last two years.
13 SENATOR OPPENHEIMER: So, not
14 new.
15 SENATOR MARCELLINO: That's why
16 I wanted to check, Senator.
17 SENATOR OPPENHEIMER: Also, it
18 was pointed out to me that in paragraph 4, as
19 opposed to paragraph 3, these are not
20 recyclables. Paragraph 4 is not recyclable
21 material, so the -
22 SENATOR MARCELLINO: I'm sorry,
23 I did not -- I didn't think you asked a
24 question, quite frankly.
25 SENATOR OPPENHEIMER: The
818
1 items, the new paragraph 4, these are not
2 recyclables that are mentioned in paragraph
3 4.
4 SENATOR MARCELLINO: The new
5 exemptions in paragraph 4 are not in paragraph
6 4; that's what I heard.
7 SENATOR OPPENHEIMER: The new
8 exemptions in paragraph 4 are not
9 recyclables.
10 SENATOR MARCELLINO: Is that my
11 understanding?
12 SENATOR OPPENHEIMER: They are
13 not part of our recycling, paragraph 4.
14 SENATOR MARCELLINO: You're
15 saying those things are not recyclables, but
16 they relate to a different exemption.
17 SENATOR OPPENHEIMER: Well, I
18 can -- through you, Mr. President, I can buy
19 into your recycling argument, but now here I
20 have a full paragraph which has nothing to do
21 with recycling, so now I'm back to confusion.
22 SENATOR MARCELLINO: What are
23 you referring to?
24 SENATOR OPPENHEIMER: Referring
25 to paragraph -- section 4.
819
1 SENATOR MARCELLINO: We've
2 taken some language from section 2, deleted it
3 from 2 and put it into 4. That's basically
4 what's happened, just a rearrangement of the
5 language.
6 SENATOR OPPENHEIMER: But, if I
7 may, through you, Mr. President. If this is
8 not part of recycling, then why are we doing
9 it? The packaging was considered hazardous
10 packaging with implications for children's
11 health, mental incapacities, potential cancer,
12 and -- and if this is not part of the
13 recycling stream, then why are we doing it?
14 SENATOR MARCELLINO: Senator,
15 as I said earlier, this is part of existing
16 law now. We're not adding any new law here.
17 This is existing law. What has been done is
18 the language has been, for the technocrats'
19 purposes, cleaned up a little bit by moving it
20 from one section to another, but it is in
21 existing law. You can go back to it and look
22 at it again; it's there.
23 SENATOR OPPENHEIMER: Well,
24 through you then, Mr. President, I question
25 why we are doing it, if one can believe that
820
1 the recycling would be in diminishing amounts
2 in the new product because part would be
3 eventually through recycling, it would get to
4 be smaller and smaller amounts that are used
5 in the new process, in the new packaging. If
6 I can buy into that, I can't buy into that
7 there's no recycling involved at all.
8 SENATOR MARCELLINO: Up to a
9 point, it would diminish because you can only
10 reuse and reuse, but after a while you can't
11 recycle everything over again forever.
12 Recycled materials becomes a problem. You
13 have to sometimes go back, because of the
14 strength of the packaging and the consistency
15 of the packaging you need to go back and bring
16 in new stuff to a certain extent so you can
17 not just keep on recycling.
18 It's a nice idea but we
19 ultimately end up with nothing new. We'll
20 just keep on reusing the same old material.
21 That would be fine if you got it all back,
22 which you don't, because some of it becomes
23 contaminated, you can't get it all back; and
24 it would be also fine if the consistency was
25 there, the strength and the durability was
821
1 there. The recycled materials do not hold up
2 necessarily when they're reused more than a
3 few times, so that you have to weigh the
4 content.
5 All of these things caused to
6 make the industry what it is and that is an
7 evolving industry and it's still changing and
8 will continue that way for a long time. We
9 need to encourage that. Federal legislation
10 has set a certain standard that we see the
11 need for certain exemptions. They do too, but
12 the way the bill was written originally, it
13 didn't allow for more than or at least
14 apparently doesn't allow for more than one
15 exemption or one sequence.
16 We believe the intent was to
17 allow for these exemptions to continue as long
18 as the need continues. The need is still
19 there. The federal legislation is still
20 there. We're cleaning up the language; that's
21 all we're doing here, Senator.
22 SENATOR OPPENHEIMER: Thank you
23 very much, Senator.
24 On the bill.
25 ACTING PRESIDENT HOLLAND:
822
1 Senator Oppenheimer, on the bill.
2 SENATOR OPPENHEIMER: I have in
3 the past supported this bill, and I did feel
4 that we have to give time to -- to industry to
5 come up with viable alternatives to -- to the
6 hazardous packaging and I -- I do understand
7 the recycling aspect of it and, you know,
8 eventually have smaller and smaller amounts of
9 the recycled material that will be utilized in
10 the new packaging.
11 I can buy into that, but I'm
12 going to be voting no on the bill because it
13 seems to me that it's simply enough is
14 enough. We have been waiting seven to eight
15 years to get a reduction in the hazardous
16 packaging, and there's a large portion of this
17 bill which is devoted to hazardous packaging
18 that is not in the waste stream, that is not
19 being recycled.
20 So I feel that we have waited
21 long enough for viable alternatives to this
22 packaging which we believe -- many of us
23 believe that these substances -- these
24 substances can cause considerable damage to
25 the nervous system and to learning
823
1 disabilities and cancer, and I just think
2 enough is enough. We've waited long enough
3 for an alternative.
4 I'll be voting no.
5 ACTING PRESIDENT HOLLAND: Read
6 the last section.
7 THE SECRETARY: Section 7.
8 This act shall take effect on the 120th day.
9 ACTING PRESIDENT HOLLAND: Call
10 the roll.
11 (The Secretary called the
12 roll. )
13 THE SECRETARY: Those recorded
14 in the negative on Calendar Number 211 are
15 Senators Leichter, Montgomery, Oppenheimer,
16 Paterson and Smith. Ayes 51, nays 5.
17 ACTING PRESIDENT HOLLAND: The
18 bill is passed.
19 Senator Kuhl, with your
20 permission, we'd like to step away from the
21 controversial calendar.
22 Negative. Secretary will
23 read.
24 THE SECRETARY: Calendar Number
25 223, by Senator Volker, Senate Print Number
824
1 222, an act to amend the Penal Law and the
2 Criminal Procedure Law, in relation to term of
3 imprisonment.
4 SENATOR VOLKER: Mr. President,
5 this bill, I think the best term for it was
6 coined last year, is called "three times and
7 you're out". The bill, by the way, passed
8 last year 49 to 7 and the year before passed
9 46 to 8. I guess we're doing a little better,
10 sort of; but at any rate -- anyways, what the
11 bill says basically is -- and keep in mind
12 that there's a very limited number of people
13 that are involved in this because we always -
14 already have the persistent violent felony
15 bill which sends people away for a
16 considerable piece of time.
17 What this would -- this is a
18 third offense for a violent felony offense and
19 we have specifically listed, these are the
20 most -- the heaviest of crimes, would say that
21 the minimum penalty would be 25 years to
22 life.
23 Now, frankly, in most cases on
24 the second offense, depending on -- obviously
25 on the two violent felonies, that person will
825
1 have spent a lot of time in jail already, so
2 you're really talking about what we call here
3 professional violent felons in a sense. These
4 are heavy people. These are not people who
5 are ordinary violent offenders. These are
6 people who have gone through the mill on
7 several occasions, and now this is the third
8 time that they're arrested and convicted of a
9 violent felony offense.
10 It also has certain limitations
11 in it relating to plea bargaining and pleading
12 in the violent felony offense area. One of
13 the things I think everyone should understand
14 is that, despite comments to the contrary, in
15 a lot of these -- in legislation, we can say
16 that there is never any particular plea
17 bargaining in these areas but, of course,
18 there's always the possibility for plea
19 bargaining. What this bill would do would set
20 certain limitations for people who are in the
21 violent felony offense category.
22 As I say, this bill has passed
23 for the last several years, and that's
24 basically the bill.
25 ACTING PRESIDENT HOLLAND:
826
1 Senator Montgomery.
2 SENATOR MONTGOMERY: Yes, thank
3 you, Mr. President.
4 I would just like to ask
5 Senator Volker if he would yield for a couple
6 of questions.
7 SENATOR VOLKER: Sure.
8 ACTING PRESIDENT HOLLAND:
9 Senator yields.
10 SENATOR MONTGOMERY: Senator,
11 it's my understanding that, in fact, the
12 incidence of violent crime has been
13 decreasing, if you will, so that we're
14 experiencing a very large drop in the violent
15 crime that you're talking about. Is that not
16 the case, or is that a misunderstanding?
17 SENATOR VOLKER: Let me just
18 say, actually you're actually right and let me
19 just say the memo -- I realize just looking at
20 the memo here, and I apologize. This memo was
21 given to us some years ago and it's
22 fascinating that it talks about the incredible
23 rate and rise in violent crime.
24 Let me point out to you that
25 that incredible rate in violent crime has
827
1 declined dramatically since we have been
2 locking people up, especially violent
3 criminals over the last three to four years in
4 particular. You can make an argument, I think
5 it's a very good argument, that we have really
6 clamped down on people and beginning to make
7 sure that the really violent people are going
8 to jail, that the rate of violent crime has
9 begun to drop dramatically.
10 That doesn't mean that we still
11 don't have a high violent crime rate but what
12 it means is that it has dropped off
13 dramatically and you are absolutely right.
14 SENATOR MONTGOMERY: Now, as I
15 read the legislation, Senator Volker, through
16 the Chair, we -- you are changing the category
17 of persistent violent felony offender to
18 predicate; is that what the language change
19 is?
20 SENATOR VOLKER: No, actually
21 what we're doing is we're adding -- persistent
22 violent felony offender has been in the law
23 for some time.
24 SENATOR MONTGOMERY: Right.
25 SENATOR VOLKER: But what we're
828
1 doing here is we're adding that and actually,
2 the predicate, what we are doing here we are
3 taking -- you have a person who is already
4 subject to the Persistent Violent Felony
5 Offender Law which we passed here, by the way,
6 many years ago now comes out and now permits
7 another violent felony offense, so the
8 predicate becomes the violent -- the previous
9 violent felony offenses.
10 That person is the one we are
11 now subjecting to 25 years to life.
12 SENATOR MONTGOMERY: The -
13 just for information purposes, Senator.
14 SENATOR VOLKER: Sure.
15 SENATOR MONTGOMERY: Persistent
16 violent felony offenders likely to have been
17 incarcerated previously?
18 SENATOR VOLKER: They have -
19 well, they have to have been incarcerated
20 essentially previously, because these are, as
21 I say, these are not -- these are heavy
22 people. These are people who have -- the
23 violent felony offenders are people who are
24 limited categories of offenses in the law
25 involving, you know, personal crimes, man
829
1 slaughters, sodomy, rapes, those sort of
2 things, and murderers in certain cases, I
3 suppose, so we are talking about a limited
4 group of people who commit a lot of violent
5 crimes.
6 So this, by the way, so you
7 understand, we're not changing the Persistent
8 Violent Offender Law or anything like that.
9 We're just adding an additional category for
10 somebody who has been through the previous
11 cycle, has committed the two previous violent
12 felony offenses and now they do the third and
13 when they do the third now, we're putting in
14 what we call a "three times and you're out".
15 You know, "two times and you're out" has been
16 presented. We're calling this "three times
17 and you're out" and, as somebody said, three
18 times and you're really out.
19 SENATOR MONTGOMERY: Thank you,
20 Senator Volker.
21 On the bill, Mr. President.
22 ACTING PRESIDENT HOLLAND:
23 Senator Montgomery, on the bull.
24 SENATOR MONTGOMERY: Senator
25 Volker is proposing that the minimum sentence
830
1 for a violent felony offender in this
2 category, if I read the bill correctly, be
3 increased from a minimum of two to ten, ten
4 years to a minimum of 25 years, am I -- and.
5 If that is the case, I certainly understand
6 what Senator Volker is seeking to do and that
7 is to make sure that a person who continues to
8 commit violent offenses for certain is
9 incarcerated.
10 However, one of the main
11 problems that we have with -- as our system
12 now exists, is that we have basically stripped
13 away much of the support services that keep
14 people from, in fact, returning to crime and
15 thereby returning to -- back into the system.
16 So without -- without a strong
17 system of education, drug -- drug
18 rehabilitation, employhment, skills
19 development of people who are incarcerated,
20 this legislation will do nothing more, it
21 seems to me, than to force us to build more
22 prisons because we now have people who are
23 just going to be warehoused there for 25 years
24 perhaps, rather than 10 years. When they come
25 out, they will still be left with the same
831
1 problems that they had when they went in, and
2 so the -- the legislation, while certainly
3 it's going to increase the length of time the
4 people are going to be in minimally, it won't,
5 in fact, reduce the problem that we're trying
6 to address here because once they come out,
7 they just will have had 10 to 12 to 15 more
8 years in the same situation without having the
9 kind of remediation that would be required in
10 order for them to, in fact, change their
11 behavior.
12 So I will vote as I did last
13 year on this legislation, and I note that
14 there were several other of the members who
15 did vote against this legislation including
16 Senator Connor, Senator Leichter, Senator
17 Waldon, Senator Smith, Senator Sampson,
18 Senator Paterson, and myself.
19 Thank you, Mr. President.
20 ACTING PRESIDENT HOLLAND:
21 Senator Leichter.
22 SENATOR LEICHTER: Yes. Would
23 Senator Volker yield, please?
24 SENATOR VOLKER: Certainly.
25 ACTING PRESIDENT HOLLAND:
832
1 Senator yields.
2 SENATOR LEICHTER: Senator, I
3 appreciate your statement that you intend this
4 bill to apply to, as you call heavy people,
5 not -- I mean it still does apply to people
6 who weigh more than 200 pounds. What you're
7 intending is those who are a menace to
8 society; but, right now, if somebody commits
9 that third offense and it's a particularly
10 heinous offense, a judge could sentence that
11 particular defendant or criminal, if you will,
12 to a life term, can he not?
13 SENATOR VOLKER: He could. In
14 all honesty, Franz, what this really
15 effectively does is raise the minimum. I mean
16 for various reasons it raises the minimum from
17 20 to 25 years to life. In other words, you
18 know the complications here. We're talking
19 about violent felony offenders to start with
20 and, as I understand it, if you get into the
21 minimum situation and the predicate felony
22 situation, once you get past and into the
23 third offense, although it's arguable that
24 there's a way of getting away from the 20
25 years, but the general -- when we did the
833
1 mockup on this bill, so to speak, it
2 essentially increases the minimum sentence
3 from, I believe it's 20 to 25 to life or
4 something like that, but 25 to life.
5 We're not -- this isn't a
6 dramatic increase. What it's designed to do
7 is, in all honesty, it was a follow-up to the
8 death penalty. It's a follow-up in a sense to
9 the death penalty, because what we're doing,
10 we're using this as the next sentence down for
11 extreme violent felony offenders where the
12 death penalty statute, the second or second -
13 murder second, which used to be the top
14 penalty was 25 years to life, and we're saying
15 that these are the next people in line in a
16 sense when they are triplicate violent felony
17 offenders.
18 SENATOR LEICHTER: Mr.
19 President, if Senator Volker would continue to
20 yield.
21 SENATOR VOLKER: Sure.
22 SENATOR LEICHTER: What you're
23 really doing here is limiting very severely
24 the discretion that judges have. Wouldn't
25 that be a fair statement?
834
1 SENATOR VOLKER: Not very
2 severely but we're limiting it somewhat.
3 They're already limited to some extent because
4 of previous legislation that we passed. It
5 does tighten up, that's true, it does tighten
6 up for triplicate felony offenders, but
7 there's some limitations already in the law
8 relating to these people because they are such
9 severe violent felony offenders and we have to
10 keep in mind something here, that these are
11 people that obviously have spent a lot of time
12 in jail and, when you say that there are not
13 services or something for them, I'm not
14 exactly sure what services we can provide for
15 these people.
16 I mean these are not your
17 average ordinary criminals. These are people
18 who have been in the system probably for 25 or
19 30 years and are still committing very serious
20 crimes, and I think that's why this bill is -
21 is here, and that's why it is -- this is,
22 frankly, a middle ground between the second
23 so-called "two times and you're out" and -
24 and the -- and the more moderate, the more
25 moderate sentence.
835
1 SENATOR LEICHTER: Mr.
2 President, if Senator Volker would yield to
3 another question.
4 Senator, you know, right now,
5 we have somebody who has committed two serious
6 violent felonies and he commits another
7 serious violent felony. The judge can
8 sentence him to a life term. So we have a way
9 right now of dealing with that person who
10 really cannot be rehabilitated, who has had
11 already two chances, and with such a threat to
12 society that we could make the determination
13 that person either has to spend the rest of
14 his days in jail or should spend time in jail
15 for many, many years until he really will be
16 so old as not to be a threat.
17 What I'm concerned about,
18 Senator is there are differences in violent
19 felonies. You'll agree with me on that. Some
20 that are less heinous, there are some that are
21 very heinous. My concern is, and maybe you
22 can address that is, somebody who has had two
23 violent felony offenses and he's out and he
24 maybe gets into a brawl in a bar. Under some
25 circumstances the physical nature of that
836
1 could result in his being charged with a
2 violent felony.
3 My question is, do you want to
4 treat that person the same way as that person
5 who, I think I gave that example having been
6 in jail two times, now he's involved in an
7 armed robbery, and he shoots somebody; but
8 under your bill, the judge would not be able
9 to make any differentiation, isn't that true?
10 SENATOR VOLKER: Franz, I
11 assume if you mean he's in a brawl, he's in a
12 violent felony offense; he's either killed
13 somebody or almost killed somebody because
14 that would be the most likely violent felony
15 that I could think of that would constitute
16 the third.
17 Franz, let's keep this in mind
18 when you're talking about life imprisonment,
19 the life imprisonment might mean what is the
20 minimum for that life imprisonment. The judge
21 just doesn't sentence somebody to life
22 imprisonment. I believe the maximum would be
23 20 years to life if I'm not mistaken.
24 What this does, in effect, is
25 push up the minimum to 25 from 20 years to
837
1 life. It pushes it up to 25 years to life.
2 Now, the district attorney, by the way, and
3 you know very well if he's not really -- if
4 he's not charged with a violent felony
5 offense and the jury is not going to be
6 inclined to feel that it is a serious offense,
7 the D.A., of course, can plead it out if he
8 wants to; but the thing is once a person has
9 committed that third serious offense and
10 that's what this is all about, he's in a
11 position or she's in a position where they
12 have had two times before this to -- to make
13 decisions.
14 This is not, you know, a minor
15 offender. This is a very serious offender.
16 SENATOR LEICHTER: Mr.
17 President, on the bill.
18 ACTING PRESIDENT HOLLAND:
19 Senator Leichter, on the bill.
20 SENATOR LEICHTER: Let me first
21 thank my friend, Senator Volker, for his
22 answers.
23 Senator, I must say that I
24 consider this a harsh and an unnecessary
25 bill. I think you yourself in a sense stated
838
1 how unnecessary it was by pointing out that
2 we've had a significant decline in crime,
3 particularly in violent crime.
4 Now, whatever the reasons for
5 that is, and the criminologists and
6 penologists really are unable to come and
7 point to any of one thing, you point to the
8 highest sentences that have been imposed in
9 this state and I can't say that isn't a
10 factor. I think most people are more inclined
11 to think it's a matter of the demographics and
12 the fact that there are less younger people,
13 those who are inclined to commit crimes, who
14 are currently in our society and that crime
15 rate will probably go up as we get an increase
16 in that younger population; but whatever the
17 reason, the fact -- the point is that we've
18 had this decline in crime. We've had this
19 decline in violent crime absent this very
20 draconian bill. You yourself said, Well, it
21 was written many years ago and that's why your
22 memorandum, which I was going to question you
23 on, but you pointed it out, it starts off, and
24 it -- or the second paragraph says,
25 "unmistakably crimes of violence in this
839
1 state are on the rise."
2 Well, they're not on the rise.
3 They're on the decline. Maybe when you first
4 drafted this bill maybe there was some
5 justification for it. I would have argued
6 against it even at that time, but by your own
7 terms there's no justification for it now, and
8 I think Senator Montgomery made some very
9 valid points. We've increased the jail
10 population in this state from when I think I
11 came to the Legislature it was probably less
12 than 15,000. We're now approaching 70,000.
13 We're looking at a population and that may go
14 as high as $100,000 -- 100,000 people.
15 I don't think this is necessary
16 for the protection of society. I think we
17 have to take a look at really whether we're
18 not becoming a society where our only answer
19 is increased penalties; build more jail cells;
20 incarcerate people. I think there are other
21 answers. There are other approaches, and there
22 are other needs that this society has, and
23 looking at the current situation of crime in
24 this state, I don't find any reason or
25 justification for taking away from judges the
840
1 power that they now have to already impose
2 extremely severe sentences.
3 It's, as you said, well, they
4 can now sentence somebody to 20 years to
5 life. How much more do you want to do? You
6 say, Well, this is a natural corollary to the
7 death penalty. I don't know what that means
8 and, as you know, I'm a strong opponent of the
9 death penalty, but I don't think that just
10 because we now have the death penalty means
11 that we've now got to raise every other
12 penalty in this state, which seems to be the
13 argument you are making.
14 So I strongly urge us not to
15 adopt this measure, to have some balance, some
16 reason to have some other approach than just
17 say, Well, every day we're going to increase
18 some penalty and provide even more people for
19 jails. I think this bill is a mistake.
20 ACTING PRESIDENT HOLLAND:
21 Senator Gold.
22 SENATOR GOLD: Thank you, Mr.
23 President.
24 Will Senator Volker yield to a
25 question, please?
841
1 SENATOR VOLKER: Certainly.
2 ACTING PRESIDENT HOLLAND:
3 Senator yields.
4 SENATOR GOLD: Senator, I've
5 been hearing a lot in the -- and, by the way,
6 I'd like to face you, but the new rule is
7 we're supposed to look at the microphone.
8 Senator, I've been hearing a
9 lot lately about this business of terminating
10 parole and, while some people are under the
11 impression that everyone going to jail for
12 life, we all know that's not true and that if
13 there is an end to parole, we'll probably be
14 talking about some kind of a definite
15 sentencing system, and my question, Senator,
16 is with all of your good intentions in this
17 area -- and I know they are very sincere -
18 why would we do this bill today if, in fact,
19 we've got this proposal coming from the
20 Governor, and I think that people are going to
21 at least look at it -- whether we adopt it is
22 another issue -- but doesn't it make more
23 sense, and it's sort of I guess a combination
24 between you and Senator Leichter, and doesn't
25 it make more sense to, maybe once and for all,
842
1 take a look at the sentencing structure in one
2 piece rather than examining it in bills which
3 may conflict with something we may want to do
4 in a month from now?
5 SENATOR VOLKER: Senator, the
6 problem with that is -- and that would be
7 fine. We've been working at this, the issue
8 of sentencing obviously for years and years.
9 In fact, you might be interested to know that
10 we're just finishing a review that I did
11 because there's been so much talk about the
12 Rockefeller drug laws and sentencing. I had
13 my counsel do a review of all we've done since
14 -- since the late '60s in sentencing which
15 we're going to release fairly shortly, that
16 shows an enormous change over in sentencing
17 and in the way we handle not only drug laws
18 but violent offenders, and so forth.
19 I think that, yeah, I think the
20 Governor is about to come out with a bill
21 relating to limitations of parole. That bill,
22 as I understand it, and I haven't seen it yet
23 obviously, is talking about limitations of
24 parole for first offenders and, Senator, we
25 still have people who are already now in jail,
843
1 violent felony offenders, who in a first
2 offender bill will not have a -- necessarily
3 any impact on where this bill here that
4 relates to these people who are third time
5 offenders will directly relate to them.
6 Now, you -- I think you can
7 make an argument, I suppose, that we could
8 wait to see if the Assembly will accept the
9 Governor's proposal and, if we can come to an
10 agreement, but it's my position that this is a
11 proposal that has been around for a number of
12 years. I think it makes sense in the -- in
13 the area of sentencing for again third time
14 violent felony offenders, let me make that
15 very clear, and it just seems to me that this
16 makes a great deal of sense and it's something
17 that I think we should put out on the floor
18 and look at and talk with the Assembly on, as
19 we have and, in fact, if I'm not mistaken
20 several people in the Assembly have said that
21 they think this bill is something that should
22 be looked at. In fact, I think one very
23 prominent person in the Assembly said that
24 this is something that they want to look at.
25 SENATOR GOLD: Mr. President,
844
1 on the bill.
2 ACTING PRESIDENT HOLLAND:
3 Senator Gold, on the bill.
4 SENATOR GOLD: Senator, when
5 you say it's something that we should look at,
6 the fact is we have looked at it in '95; we
7 looked at it in '96, Senator Volker, and we
8 looked at it in '97, and here we are again and
9 the Assembly knows that this house, in spite
10 of the opposition from a number of people,
11 they know that this bill can pass.
12 One of the things -- one of the
13 thoughts I had when I was listening to Senator
14 Leichter, was a statement made by a doctor
15 years ago when he was asked by some very
16 nervous parents whether their child would
17 survive a certain piece of surgery, and the
18 doctor looked at the parents and said,
19 "Please, this is very, very, very difficult
20 surgery," and there was a pregnant pause and
21 then the doctor said, "We do it every day."
22 Senator, in sentencing, if we
23 are going to accomplish what Senator Leichter
24 suggested, which I think everybody understands
25 has a certain reasonable basis to it, it may
845
1 not be the easiest way to do it, but people do
2 it every day in the federal courts where they
3 work on a grid system, and I'm not saying that
4 that's the end all of all intelligence, but
5 they take a look at crimes and even within a
6 specific crime, they look at the criminal and
7 the crime is on one side of the grid and the
8 criminal is on the other side of the grid and
9 circumstances of the crime get worked in there
10 and you wind up with something like Senator
11 Leichter is talking about, where differences
12 in crimes perhaps are treated differently and
13 there's a more intelligent approach.
14 I think that, if the public and
15 the political community believes that parole,
16 quotes/unquote, should be ended, then
17 everybody in this chamber knows you're going
18 to be talking about a new sentencing
19 structure, because under a parole system if
20 somebody is now spending four years in jail
21 let's say and then they get paroled, if we end
22 parole, we may change the sentence to be four
23 years, and then put the person on probation
24 because nobody is suggesting that all of a
25 sudden, something which the law says, somebody
846
1 goes up to eight years is going to do eight
2 years. That's not true because everybody
3 knows, when you get eight years everybody
4 knows you get three years, and you get this,
5 so everybody knows we are going to have to do
6 restructuring of this sentencing, and, Senator
7 Volker, from my point of view, I am glad that
8 you are one of the people that will be
9 involved because I think you bring a common
10 sense attitude towards it.
11 But I think while I've gone
12 back and forth on this bill in my mind, going
13 back over the years, this year I am going to
14 oppose it only because I think that I don't
15 want us jumping at these proposals so that the
16 Assembly knows we can do it. The Assembly
17 knows. The make-up of this house since 1995
18 has not changed that much, unfortunately for
19 my side, and the Assembly knows that we can
20 pass it, and I think that this year if we're
21 going to get a budget on time which I'm, very
22 hopeful maybe we'll do that, and if we're
23 going to get out of here on time, we ought to
24 perhaps, instead of spreading out the debate
25 to bring everything in.
847
1 I know that the leader of this
2 house doesn't want us to have inactivity, and
3 one of the ways we do that is by spending
4 January and February with old chestnuts
5 because his people can work on the budget
6 without thinking too hard because we've had
7 all of these bills before, but I don't really
8 know that that really makes too much sense,
9 and this is an area this year where perhaps we
10 can do something that is really meaningful in
11 the whole sentencing structure, and I'm not so
12 opposed to a definite system if it's worked on
13 a grid and it takes into consideration all
14 different kinds of aspects.
15 But I would just urge, Senator
16 Volker, that things like this ought to wait.
17 They ought to wait until we get all of the
18 proposals out there and see whether the
19 Legislature is going to move in that area.
20 So this year respectfully, I'm
21 going to vote not to pass it.
22 ACTING PRESIDENT HOLLAND: Read
23 the last section.
24 THE SECRETARY: Section 5.
25 This act shall take effect immediately.
848
1 ACTING PRESIDENT HOLLAND: Call
2 the roll.
3 (The Secretary called the
4 roll. )
5 ACTING PRESIDENT HOLLAND:
6 Senator Paterson, why do you rise?
7 SENATOR PATERSON: Mr.
8 President, I'd like to explain my vote.
9 ACTING PRESIDENT HOLLAND:
10 Senator Paterson, to explain his vote.
11 SENATOR PATERSON: Mr.
12 President, I think Senator Volker made a point
13 that probably is important that we are talking
14 about people who are predicate felons; we are
15 talking about people who have now committed
16 their third violent felony.
17 My feeling, however, is that by
18 the time they commit their third violent
19 felony and when you factor in the period of
20 time that they would be spending behind bars
21 that we are actually turning our prisons into
22 geriatric wards, and we're also accruing a
23 tremendous cost to the state to house the
24 number of people who will probably age out in
25 terms of their capacity to further become
849
1 violent.
2 The reason I'm voting against
3 this legislation is that although we can take
4 into account previous acts when -- when
5 issuing a sentence for a third violent felony,
6 we can't take that into account when actually
7 conducting the trial, so in other words, in an
8 place like the Bronx which has an 84 percent
9 conviction rate -- I'm sorry, 84 percent of
10 cases pleaded out, Manhattan is 81 percent
11 pleaded out, the general average is about 81
12 percent of cases are pleaded out, the
13 conviction rates in these same areas are
14 generally 15 to 20 percent lower, so you're
15 going to get a conviction rate in the 60s for
16 these violent third felony cases because the
17 individuals, since the sentence is mandatory,
18 are going to opt for a trial, knowing full
19 well that they can't plead these cases out
20 since the legislation actually restricts plea
21 bargaining to a certain extent.
22 So I think that we're going to
23 be housing a number of people who -- in your
24 prisons who are no longer violent and we're
25 actually going to be losing perhaps 15 to 20
850
1 percent of the individuals who we try because
2 knowing that there's no judicial discretion
3 and that this will be a mandatory sentence for
4 the third violent felony offense, they're
5 going to opt to go to trial and many of them
6 are going to slip through the cracks.
7 So I just think that any judge
8 who can't understand that a third violent
9 felony should probably receive the kind of
10 sentence that Senator Volker is proposing in
11 the legislation maybe shouldn't be sitting on
12 the bench in the first place.
13 I think this is a case of
14 judicial discretion, and more so a lack of
15 faith in judicial discretion more so than what
16 would really be a mandatory sentence which I
17 suggest that if we execute a mandatory
18 sentence, we're going to have more trials and
19 more individuals who should be behind bars
20 going free to commit their fourth violent
21 felony offense.
22 ACTING PRESIDENT HOLLAND: How
23 do you vote, Senator?
24 SENATOR PATERSON: Oh, I'm
25 sorry, Mr. President. I vote no.
851
1 ACTING PRESIDENT HOLLAND:
2 Senator Paterson votes no.
3 THE SECRETARY: Those recorded
4 in the negative on Calendar Number 223
5 Senators Connor, Gold Leichter, Montgomery,
6 Paterson, Santiago, Seabrook and Smith. Ayes
7 48, nays 8.
8 ACTING PRESIDENT HOLLAND: The
9 bill is passed.
10 That completes the
11 controversial reading of the calendar.
12 Senator Kuhl.
13 SENATOR KUHL: May we return to
14 motions and resolutions. I believe there's a
15 privileged resolution at the desk by Senator
16 Bruno. I would move its adoption. Ask the
17 title be read and move its adoption.
18 THE SECRETARY: By Senator
19 Bruno, Legislative Resolution memorializing
20 Governor George E. Pataki to proclaim February
21 23rd as Permanent Rotary International Day in
22 the state of New York and designating the week
23 following as Rotary International Week in the
24 state of New York.
25 ACTING PRESIDENT HOLLAND: The
852
1 question is on the resolution. All in favor
2 say aye.
3 (Response of "Aye.")
4 Those opposed say no.
5 (There was no response.)
6 The resolution is adopted.
7 Senator Kuhl.
8 SENATOR KUHL: Also, Mr.
9 President could we have the title to a
10 resolution by Senator Montgomery, Senate
11 Resolution 2537, read. The resolution was
12 previously adopted by the house, and then
13 would you recognize Senator Montgomery.
14 ACTING PRESIDENT HOLLAND: The
15 Secretary will read.
16 THE SECRETARY: By Senator
17 Montgomery, Legislative Resolution
18 memorializing Governor George E. Pataki to
19 proclaim Monday, February 23rd, 1998 as Boys
20 and Girls High School Football Team Day in the
21 state of New York.
22 ACTING PRESIDENT HOLLAND:
23 Senator Montgomery.
24 SENATOR MONTGOMERY: Thank you,
25 Mr. President.
853
1 It gives me great pride and
2 pleasure to acknowledge a wonderful
3 accomplishment by one of the premier high
4 schools in my district, Boys and Girls High
5 School Football Team. The team is the Red
6 Swarm, and they are the 1997 Metro Division B
7 championship team. They won their game in a
8 very, very -- championship rather in a very,
9 very tight game against Erasmus High School,
10 another high school that happens to be in
11 Senator Marty Markowitz' district, so for
12 once, Bed-Stuy has beaten Senator Marty Marty
13 Markowitz' team. They won 20 to 18, so it was
14 a very close championship game.
15 The team members are here today
16 with us. We honored them earlier, by having
17 lunch with them. Assemblyman Vann has given
18 each of the team members a certificate, but
19 now in the Senate, I am very pleased to
20 welcome and salute them. They are accompanied
21 by their dedicated and hard working team
22 coaches. Three of the coaches are here on the
23 floor with us: Head coach Ron Adams,
24 assistant coach Steve Markham, and assistant
25 coach Miles Witkoff. In addition, assistant
854
1 coach Maberti and assistant coach Bernard
2 Gilliam are also accompanying the team.
3 I am proud because these young
4 people have demonstrated and bring to us what
5 excellence means, that it means to be a
6 winning team, but more importantly, they
7 represent for me personally and particularly
8 the best of young men from Bedford-Stuyvesant,
9 so I'm very proud of them and I certainly hope
10 that this victory in 1997 is only a
11 beginning. It's a break in 21 years of not
12 having such victories, but certainly I am sure
13 that the next 21 years will bring a lot more,
14 a lot more winning championships for Boys and
15 Girls High.
16 Thank you very much, Mr.
17 President for allowing me to acknowledge these
18 young men today.
19 ACTING PRESIDENT HOLLAND:
20 Thank you, Senator Montgomery.
21 Senator Smith.
22 SENATOR SMITH: Thank you, Mr.
23 President.
24 I too, as the other African
25 American female in the New York State Senate
855
1 and the other person representing part of
2 Bed-Stuy, am very pleased to welcome you here
3 today. Boys and Girls High is an out -- makes
4 outstanding contributions to our community.
5 The history of Boys High goes back to the days
6 when I was in school and the athletes are
7 still as good or better than they ever were.
8 Not only do they contribute on
9 the athletic field, but they contribute in the
10 classroom. You have outstanding coaches and
11 then you have a marvelous principal who is a
12 friend to all of us. I expect to be hearing
13 more from you as you go on through the
14 colleges of your choice and you excel and you
15 bring credit to the community that you
16 represent.
17 Thank you.
18 ACTING PRESIDENT HOLLAND:
19 Thank you, Senator Smith.
20 Senator Markowitz.
21 SENATOR MARKOWITZ: Thank you
22 very much Mr. President.
23 First of all, the Brooklyn Boys
24 High played Erasmus and the game was
25 tremendously tight.
856
1 Let me just say ever so briefly
2 back in 1961 I was a student of -- had been a
3 student one year, I forget my years at times
4 -- of Wingate High School. Wingate High
5 School that year, we lost the championship by
6 one point, one point for the entire state of
7 New York. B-o-y-s -- Boys High beat us by one
8 point.
9 SENATOR GOLD: Yeah.
10 SENATOR MARKOWITZ: But I never
11 held it against them, never because the truth
12 of the matter is that Boys High and Girls are
13 the pride of Bedford-Stuyvesant. They are the
14 pride of Brooklyn. We know Brooklyn is the
15 apple, the center of New York State, and if
16 you accept that and we all do, then we know
17 that Bedford-Stuyvesant is the heart of
18 Brooklyn.
19 Congratulations. You deserve
20 it.
21 (Applause)
22 ACTING PRESIDENT HOLLAND:
23 Thanks you, Senator Markowitz.
24 Senator Paterson.
25 SENATOR PATERSON: Mr.
857
1 President, I was actually born in Brooklyn.
2 My mother attended Girls High School. I grew
3 up in that area. I then moved, but I would
4 like to congratulate all the students from
5 Boys and Girls High School, and I would like
6 to congratulate the football team for their
7 success. I see they are still winning, but if
8 you were only able to beat a team that Senator
9 Markowitz was with by only one point maybe you
10 really weren't that good back then.
11 (Laughter)
12 However, he wasn't on the
13 team. So, well, that -- that notwithstanding
14 I want to congratulate them and Coach Adams,
15 they had 21 years of losing and you've turned
16 the program around. Maybe you'd consider going
17 forward and doing something for the Jets.
18 Thank you very much.
19 ACTING PRESIDENT HOLLAND:
20 Senator Stachowski.
21 SENATOR STACHOWSKI: I too
22 would like to stand up and congratulate them.
23 I know some of my colleagues are wondering why
24 I get up, but my colleague, Senator
25 Montgomery, asked if I had the opportunity to
858
1 play football in high school and college, she
2 thought it would be nice to say something.
3 Actually I never miss the
4 opportunity when I can congratulate a team
5 that had no wins a couple years ago and a team
6 then wins and are champions, and I know what
7 sacrifice and hard work is and all the
8 important things that go into winning football
9 but the one message I'd like to leave for the
10 younger students who are on that team, keep in
11 mind you have to do well in the classroom too
12 because no matter what you do in football, you
13 don't move on beyond high school unless you do
14 well in the classroom also, and your coaches
15 tell you that all the time but you say, Oh,
16 they're only coaches, but take it from
17 somebody who has gone through that system, I
18 know the limits you have, that if you don't do
19 well in school it doesn't matter if you're the
20 best player in the whole region or perhaps the
21 whole state, if you don't get in they can't
22 use you and the first stop the recruiters have
23 when they go to visit a school is the guidance
24 counselor's office to find out how motivated
25 you are, and if you can't get in they're going
859
1 to say, Young man, we can't get him in, we're
2 not going to waste his time or our time, so
3 keep that in mind despite all the hard work
4 you have to give the coach on the field, you
5 still have to do your work in the classroom.
6 Congratulations on your
7 accomplishment.
8 ACTING PRESIDENT HOLLAND:
9 Thank you, Senator Stachowski. The Red Swarm,
10 on behalf of Senator Bruno, Senator
11 Montgomery, and all of the Senators in the
12 chamber, and to the coaches, we congratulate
13 you on your championship. Keep up the good
14 work.
15 (Applause)
16 Senator Kuhl.
17 SENATOR KUHL: Yes, Mr.
18 President, is there any housekeeping at the
19 desk?
20 ACTING PRESIDENT HOLLAND:
21 There is no housekeeping, sir.
22 SENATOR KUHL: All right. There
23 being no further business, Mr. President, I
24 move we adjourn until tomorrow, Tuesday,
25 February 24th at 3:00 p.m.
860
1 ACTING PRESIDENT HOLLAND: On
2 motion, the Senate stands adjourned until
3 Tuesday, February 24th, at 3:00 p.m.
4 (Whereupon at 4:35 p.m., the
5 Senate adjourned.)
6
7
8
9
10
11