Regular Session - May 12, 1998
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8 ALBANY, NEW YORK
9 May 12, 1998
10 3:04 p.m.
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13 REGULAR SESSION
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17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
18 STEVEN 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 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 The invocation today will be given
8 by Reverend Harold L. Rutherford from the Israel
9 African Methodist Episcopal Church in Albany.
10 Reverend.
11 REVEREND HAROLD L. RUTHERFORD:
12 Let us pray. Almighty God, You
13 have plans for us and the power to make them
14 happen. We thank You for the leadership of the
15 Senate whom You have raised up to God the great
16 Empire State of New York. Give them the
17 knowledge of Your will for us. We pray that
they
18 will remember they serve a public trust beyond
19 personal gain or glory.
20 May they see that no state live
21 for itself alone, but is responsible to You for
22 peace, for the well-being of all Your children.
23 May they seek the welfare of our
24 great state and may they never engage in
anything
25 that erodes our right for freedoms of life,
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1 liberty and the pursuit of happiness.
2 Give them a sense of deep
3 dedication and clear direction in all of their
4 weighted responsibility. We pray that they seek
5 Your guidance to be responsible and wise,
6 courageous and strong in making important
7 decisions and never place power in positions
8 before the needs of New York State.
9 Guide us the people to expect of
10 them, and to support them in all legislation and
11 faithful administration, that we may all prosper
12 under an equal law. Defend our liberties and
13 grant us the sense of our responsibility.
14 God of our weary years, God of our
15 silent tears, God who has led us on the way, who
16 is by Thy might, listen to the light.
17 We pray that You will guide and
18 direct these elected men and women. May they
19 always depend on your power to assist them in
20 their responsible positions. In Christ may we
21 pray.
22 May the grace of Christ give us
23 freedom. May the love of God teach us to use it
24 responsibly and wisely. May the fellowship of
25 the Holy Spirit uphold us in this task. Amen.
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1 THE PRESIDENT: Amen. The reading
2 of the Journal, please.
3 THE SECRETARY: In Senate, Monday,
4 May 11th. The Senate met pursuant to
5 adjournment, Senator Fuschillo in the Chair upon
6 designation of the Temporary President. The
7 Journal of Sunday, May 10th, was read and
8 approved. On motion, the Senate adjourned.
9 THE PRESIDENT: Without objection,
10 the Journal stands approved as read.
11 Presentation of petitions.
12 Messages from the Assembly.
13 Messages from the Governor.
14 Reports of standing committees.
15 The Secretary will read.
16 THE SECRETARY: Senator Stafford,
17 from the Committee on Finance, reports the
18 following nomination: New York Convention
Center
19 Operating Corporation Board of Directors:
Walter
20 N. Rothschild, of Syosset.
21 SENATOR STAFFORD: Move the
22 nomination, please.
23 THE PRESIDENT: Senator Stafford.
24 SENATOR STAFFORD: Move the
25 nomination, please.
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1 THE PRESIDENT: The question is on
2 the confirmation of Walter N. Rothschild, Jr.,
as
3 member of the Board of Directors of the New York
4 Convention Center Operating Corporation. All in
5 favor signify by saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 Walter N. Rothschild, Jr., is
10 hereby confirmed as a member of the Board of
11 Directors of New York Convention Center
Operating
12 Corporation.
13 The Secretary will read.
14 THE SECRETARY: Senator Stafford,
15 from the Committee on Finance, reports the
16 following bills direct to third reading:
17 Senate Print 7466, by the Senate
18 Committee on Rules, an act making an
19 appropriation; and
20 Senate Print 7467, by the Senate
21 Committee on Rules, an act making an
22 appropriation.
23 Senator Farley, from the Committee
24 on Banks, reports the following bill direct to
25 third reading:
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1 Senate Print 7442, by Senator
2 Farley, an act to amend Chapter 3 of the Laws of
3 1997.
4 ACTING PRESIDENT KUHL: The bills
5 are ordered directly to third reading.
6 Reports of select committees.
7 Communications and reports from
8 state officers.
9 Motions and resolutions.
10 The Chair recognizes Senator
11 Holland.
12 SENATOR HOLLAND: Mr. President,
13 amendments are offered to the following Third
14 Reading Calendar bills:
15 Page 15, Calendar 320, Senate
16 Print Number 3029, by myself; page 25, Calendar
17 591, Senate Print 6581, by Senator Goodman; page
18 30, Calendar 667, Print Number 6368, by myself;
19 page 35 -- excuse me -- Calendar Number 729,
20 Senate Print Number 6758, by Senator Trunzo;
page
21 number 43, Calendar 803, Print Number 233, by
22 myself.
23 ACTING PRESIDENT KUHL: The
24 amendments are received and adopted. The bill
25 will retain its place on the Third Reading
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1 Calendar.
2 Senator Holland, do you have
3 another motion?
4 SENATOR HOLLAND: Yes. On behalf
5 of Senator Libous, please remove the sponsor's
6 star from Calendar Number 314, I believe.
7 ACTING PRESIDENT KUHL: The
8 sponsor's star is removed on Calendar Number
314.
9 Senator Holland.
10 SENATOR HOLLAND: Mr. President, I
11 wish to call up my bill, Calendar Number 708,
12 Assembly Print Number 1337.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read.
15 THE SECRETARY: Calendar Number
16 708, by member of the Assembly Gromack, Assembly
17 Print 1337, an act to amend the Executive Law.
18 ACTING PRESIDENT KUHL: Senator
19 Holland.
20 SENATOR HOLLAND: I now move to
21 reconsider the vote by which the Assembly bill
22 was substituted for my bill, Senate Print Number
23 6204, on the 4th of May.
24 ACTING PRESIDENT KUHL: The
25 Secretary will call the roll on reconsideration.
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1 (The Secretary called the roll on
2 reconsideration.)
3 THE SECRETARY: Ayes 40.
4 SENATOR HOLLAND: I now move that
5 the Assembly Bill Number 1337 be recommitted to
6 the Committee on Housing, Construction and
7 Community Development and my Senate bill be
8 restored to the order of Third Reading Calendar.
9 ACTING PRESIDENT KUHL: The bill
10 will be recommitted and your bill will be
11 restored.
12 SENATOR HOLLAND: Mr. President, I
13 now offer the following amendments.
14 ACTING PRESIDENT KUHL: The
15 amendments are received and adopted.
16 Senator Holland, on the prior
17 motion relative to which you said was Calendar
18 Number 314, was that -
19 SENATOR HOLLAND: That's what I
20 understand.
21 ACTING PRESIDENT KUHL: Is it 314
22 or 3 and 4.
23 SENATOR HOLLAND: 3 and 4. Thank
24 you very much.
25 ACTING PRESIDENT KUHL: 3 and 4.
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1 Okay. Thank you, Senator Holland.
2 I might suggest that you see the
3 eye doctor. (Laughter)
4 Senator Skelos, we have a couple
5 of substitutions at the desk.
6 SENATOR SKELOS: Read the
7 substitutions, Mr. President.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the substitutions.
10 THE SECRETARY: On page 4, Senator
11 DeFrancisco moves to discharge from the
Committee
12 on Insurance Assembly Bill Number 72-A and
13 substitute it for the identical First Report
14 Calendar 878.
15 On page 16, Senator Trunzo moves
16 to discharge from the Committee on Civil Service
17 and Pensions Assembly Bill Number 5073-A and
18 substitute it for the identical Third Reading
19 Calendar 348.
20 On page 19, Senator Spano moves to
21 discharge from the Committee on Labor Assembly
22 Bill Number 10042 and substitute it for the
23 identical Third Reading Calendar 449.
24 And on page 44, Senator Alesi
25 moves to discharge from the Committee on
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1 Transportation Assembly Bill Number 8028 and
2 substitute it for the identical Third Reading
3 Calendar 816.
4 ACTING PRESIDENT KUHL: The
5 substitutions are ordered.
6 Senator Skelos.
7 SENATOR SKELOS: Mr. President,
8 may we please adopt the Resolution Calendar with
9 the exception of Resolutions 3388 and 3396.
10 ACTING PRESIDENT KUHL: The motion
11 is to accept the -- adopt the Resolution
Calendar
12 with the exception of the Resolutions 3388 and
13 3396. All those in favor signify by saying aye.
14 (Response of "Aye".)
15 Opposed, nay.
16 (There was no response.)
17 The Resolution Calendar with those
18 exceptions are adopted.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President, I
21 believe there's a privileged resolution at the
22 desk by Senator Johnson. I ask that it be read
23 in its entirety and move for its immediate
24 adoption.
25 ACTING PRESIDENT KUHL: The
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1 Secretary will read the privileged resolution by
2 Senator Johnson, Number 3452, in its entirety.
3 THE SECRETARY: Legislative
4 Resolution by Senator Johnson commending and
5 paying tribute to Kristin Rummell in recognition
6 of her heroic act in donating her bone marrow to
7 an individual and giving the gift of life;
8 WHEREAS, it is the sense of this
9 legislative body to act in accord with its long
10 standing traditions honoring the achievements of
11 its promising citizens and leaders of tomorrow
12 whose character and achievements best exemplify
13 the ideals and values cherished by this great
14 state and nation; and
15 WHEREAS, this legislative body is
16 justly proud to commend and pay tribute to
17 Kristin Rummell and other bone marrow donors
18 during Bone Marrow Donor Awareness Week in
19 recognition of their heroic act in donating
their
20 bone marrow to individuals and giving the gift
of
21 life.
22 Kristin Rummell, while a college
23 student, registered as a potential donor joining
24 over two and a half million volunteers in the
25 registry.
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1 Many people in the United States
2 have died because their desperate searches have
3 not produced a matching donor in time.
4 Kristin Rummell, who is now a New
5 York State Senate staff member, selflessly
6 donated her bone marrow to an individual with
7 whom her marrow matched, giving the gift of life
8 to an unknown person.
9 An individual is faced with only
10 about a 1 in 20,000 chance of finding an
11 unrelated person who will match closely enough
to
12 allow the opportunity for a bone marrow
notation;
13 and
14 WHEREAS, Kristin Rummell's heroic
15 action will stand as our inspiration and compel
16 others to register with the national marrow
donor
17 program; now, therefore, be it
18 RESOLVED, that this legislative
19 body pause in its deliberations to honor Kristin
20 Rummell and other bone marrow donors during Bone
21 Marrow Donor Awareness Week; and be it further
22 RESOLVED, that a copy of this
23 resolution, suitably engrossed, be transmitted
to
24 Kristin Rummell.
25 ACTING PRESIDENT KUHL: The Chair
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1 recognizes Senator Johnson to speak on the
2 resolution.
3 SENATOR JOHNSON: Mr. President, I
4 was very honored to have the opportunity to
5 introduce this resolution during Bone Marrow
Week
6 and to realize that bone marrow donors like
blood
7 donors are not just anonymous people but they
may
8 be individuals with whom you relate -- you have
a
9 friendship or a relationship.
10 This young lady who's standing
11 behind me now works in my office. She's the
12 daughter of my late good friend Bob Rummell. As
13 you heard in the resolution, she was impelled
14 during her college days as an idealistic person.
15 We should all start off idealistic. She
remained
16 idealistic. She registered to be a bone marrow
17 donor and she was called upon a few months ago
to
18 help save the life of an individual who she does
19 not know. She made the donation of her bone
20 marrow. It was a, she said, rather painful
21 process. It took several months of healing but
22 she did it to save a life, and I thought it's
23 really -- rather than just have a resolution
24 which we had yesterday which we all can identify
25 with but to meet a real person who's made that
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1 contribution, I think is wonderful to have her
2 here and to be able to recognize her today.
3 So, Kristin, take a bow and we all
4 are proud of you. (Applause)
5 Thank you very much for your
6 support of this resolution.
7 ACTING PRESIDENT KUHL: The
8 question is on the resolution. All those in
9 favor signify by saying aye.
10 (Response of "Aye".)
11 Opposed, nay.
12 (There was no response.)
13 The resolution is adopted.
14 Senator Skelos.
15 SENATOR SKELOS: May we please
16 take up Resolution 3388 by Senator Johnson. May
17 we have it read in its entirety and move its
18 immediate adoption.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read privileged Resolution 3388
by
21 Senator Johnson in its entirety.
22 THE SECRETARY: Legislative
23 Resolution 3388, by Senator Johnson,
24 memorializing Governor George E. Pataki to
25 proclaim the week May 11 through May 15, 1998 as
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1 School Transportation Personnel Week in the
state
2 of New York;
3 WHEREAS, in New York State more
4 than 2.2 million children are transported to and
5 from their schools on school buses every day;
and
6 WHEREAS, these children ride in
7 more than 35,000 yellow school buses over 350
8 million miles per year in cities and towns and
9 suburbs across the state; and
10 WHEREAS, the safety and well-being
11 of these children are of the utmost concern to
12 all New Yorkers.
13 Thousands of school transportation
14 professionals, including school bus drivers,
15 school bus aides and attendants, maintenance
16 mechanics, school bus driver instructors, master
17 instructors and examiners and transportation
18 supervisors and directors work diligently to
19 ensure the safety of these children.
20 The contribution these personnel
21 make is immeasurable in terms of the lives of
22 these school children; and
23 WHEREAS, the people of the state
24 of New York respect the hard work and dedication
25 of these individuals and wish to recognize them
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1 for their steadfast dedication for the children;
2 now, therefore, be it
3 RESOLVED, that this legislative
4 body pause in its deliberations to memorialize
5 Governor George E. Pataki to proclaim the week
of
6 May 11 through May 15, 1998 as School
7 Transportation Personnel Week in the state of
New
8 York and to call upon all New Yorkers during
this
9 time to recognize the valuable contributions of
10 school transportation professionals in their
home
11 and school communities.
12 ACTING PRESIDENT KUHL: The
13 question is on the resolution. All those in
14 favor signify by saying aye.
15 (Response of "Aye".)
16 Opposed, nay.
17 (There was no response.)
18 The resolution is adopted.
19 Senator Skelos.
20 SENATOR SKELOS: Can we take up
21 the non-controversial calendar, please -- can we
22 have Resolution 3396 by Senator Holland read in
23 its entirety and move for its immediate
adoption.
24 ACTING PRESIDENT KUHL: The
25 Secretary will read the privileged Resolution
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1 3396 by Senator Holland in its entirety.
2 THE SECRETARY: Legislative
3 Resolution 3396 by Senator Holland, honoring
4 Rockland County upon the occasion of its
historic
5 Bicentennial Celebration;
6 WHEREAS, it is the intent of this
7 assembled body to honor and commemorate the
proud
8 and distinguished histories of the communities
9 which compromise the essence of this great
Empire
10 State; and
11 WHEREAS, in accord with this
12 intent and its long-standing traditions, it is
13 the purpose of this assembled body to now
14 commemorate the 200th Anniversary of Rockland
15 County, joining in the recognition and
16 celebration of the anniversary of this county
and
17 commemorating the celebration that began with an
18 opening day pageant on February 22, 1998. The
19 ceremony will officially commence an eight-month
20 long series of events that will be held
21 throughout the spring and summer and will
22 culminate at the Bicentennial Dinner Dance at
the
23 IBM Palisades Center in Palisades, New York, on
24 October 24, 1998; and
25 WHEREAS, Henry Hudson is credited
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1 as the first European to set eyes on what would
2 become Rockland County. In 1609 he sailed up
the
3 river and mistakenly assumed he'd found the
4 Northwest Passage.
5 Early attempts to settle the
6 county by the Dutch were generally unsuccessful
7 and in 1664 they handed over the territory to
the
8 English. In 1686 the Duke of York, later to
9 become King James II of England, established the
10 county system and designated what is now
Rockland
11 County to be included in Orange County.
12 By the 1770s, the movement to
13 separate what is now Rockland from Greater
Orange
14 County was in full swing, a process that was
15 completed in February of 1798; and
16 WHEREAS, during the American
17 Revolution, Rockland County became an important
18 crossroads, a vital link between the northern
and
19 southern colonies and a scene of conflict and
20 treason. It played a crucial role in the
history
21 of the United States and was the site of the
22 first formal recognition of the new nation by
the
23 British.
24 The New York State Legislature
25 officially credited -- created Rockland County
on
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1 February 23, 1798.
2 Improvements in transportation set
3 the pace for development in the first half of
the
4 19th Century. The Nyack Turnpike was completed
5 and that connected Nyack to Suffern, where the
6 Orange Turnpike provided a route to Albany.
7 In 1827, steamboat travel debuted
8 and to facilitate steamboat travel from Tappan
9 Landing, a road was built over the marshes to
the
10 end of a 500-foot pier which within a few yards
11 became the terminus of the Erie Railroad.
12 Although agriculture remained
13 dominant in Rockland County well into the 20th
14 Century, industry saw a gradual growth; because
15 of the proximity of iron mines, numerous metal
16 products were made - plows, hoes, railings,
17 nails, machinery, even cannonballs. Its
18 factories also made shoes, straw hats, silk and
19 cotton cloth, sulfur, matches and pianos.
20 During this time the stone, brick,
21 wood and nails from Rockland County literally
22 built the city of New York; and
23 WHEREAS, schooling in the late
24 18th and early 19th Century in Rockland County
25 was done in the home or by private school
masters
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1 in their houses or their pupils' homes, as
2 compulsory education spread, there were 34
school
3 districts established in the county by 1829.
4 In the mid-1900s, halls and opera
5 houses were built to facilitate entertainment.
6 Newspapers were established in Nyack and
7 Haverstraw and a fire in Haverstraw in 1854
8 brought about the formation of the first
9 volunteer fire company.
10 Religion also played a prominent
11 part in Rockland's history. The earliest Dutch
12 Reformed churches and later the Presbyterian
13 churches laid the groundwork for other
Protestant
14 denominations to flourish in the county. The
15 first Roman Catholic church in Rockland was St.
16 Peter's Church in Haverstraw which opened in
17 1847. Haverstraw was also the site of the
18 congregation of the Sons of Jacob which
completed
19 and dedicated its first temple in 1889; and
20 WHEREAS, the dawn of the 20th
21 Century saw the beginnings of the decline in the
22 number of farms in Rockland and the general rise
23 in industry. Today the county is home to many
24 international companies such as Avon, Lederle,
25 Fujitsu and soon Mercedes-Benz.
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1 By the 1920s, Rockland County was
2 becoming home to many artists, writers and stage
3 celebrities.
4 Rockland County's rural character
5 was changed forever with the opening of the
6 Tappan Zee Bridge in 1955 and the completion of
7 the Palisades Interstate Parkway and Thruway
8 during the same decade; and
9 WHEREAS, Rockland County is one of
10 the most ethnically diverse counties in the
11 country and the Bicentennial Celebration will
12 serve as a cohesive factor for the community;
13 now, therefore, it be
14 RESOLVED, that this legislative
15 body pause in its deliberations to honor
Rockland
16 county upon the occasion of its historic
17 Bicentennial celebration; and it be further
18 RESOLVED, that a copy of this
19 resolution, suitably engrossed, be transmitted
to
20 Rockland Bicentennial 1998, Incorporated.
21 ACTING PRESIDENT KUHL: Senator
22 Holland on the resolution.
23 SENATOR HOLLAND: We in Rockland
24 County are very happy to celebrate the 200th
25 Anniversary of Rockland County all this year.
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1 On the western shore of the Hudson
2 River where the hustle and bustle of New York
3 City yields to the tranquility of upstate, lies
4 my community, Rockland County.
5 This year we are celebrating our
6 200th birthday with a year-long celebration and
7 grand events like the Tall Ships Riverfest that
8 will take place over the Memorial Day weekend.
9 The county's relative youth defies
10 Rockland County's rich history.
11 When Henry Hudson sailed into the
12 Tappan Zee on September 24th, 1609 he was
greeted
13 by the Algonquins, who had occupied the area for
14 5- or 6,000 years.
15 As the British and Dutch began to
16 compete for the highly desirable trading points
17 along the Hudson, they purchased land from the
18 Native Americans, most of whom were driven west.
19 Rockland's most vivid history
20 remains the part it played in the Revolutionary
21 War. When local citizens passed the Orangetown
22 resolutions on July the 4th, 1774, Rockland's
23 role in the fight for independence had begun.
24 Rockland's position was critical
25 as local militia maintained continual
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1 surveillance on British warships patrolling the
2 lower Hudson Valley.
3 Several major battles were fought
4 on Rockland soil, including one of the most
5 dramatic battles, the Battle of Stony Point.
6 Troops of General Washington's
7 Continental Army, under the command of General
8 "Mad" Anthony Wayne, made a daring bayonet night
9 attack on Stony Point swiftly defeating the
10 surprised British garrison.
11 Maybe the most notorious of the
12 war involved revolutionary hero Major General
13 Benedict Arnold. Dissatisfied with his
treatment
14 by the Army, Arnold arranged to surrender West
15 Point to Sir Henry Clinton.
16 Clinton's spy master, British
17 Major John Andre was captured with the traitor's
18 plans. Andre was tried, convicted and
eventually
19 hanged in Tappan in Rockland County.
20 Brother against brother, neighbor
21 versus neighbor, the region was torn apart by
22 years of Tory and Patriot skirmishes and by
23 marauding bands of outlaws, who stripped the
24 families of their property and their livelihood.
25 During this time the Rockland
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1 region was considered part of Orange County and
2 it wasn't until February the 23rd, 1798, mainly
3 due to the difficulty of traveling across the
4 Ramapo mountains, that Rockland split from
Orange
5 and established itself as a separate entity with
6 New City as the county seat.
7 Though it had been ravished during
8 the war years, by the early 19th Century,
9 Rockland County had settled into a tranquil
10 farming community.
11 Abundant water power encouraged
12 the milling of grain, cider and wood and with
the
13 industrial revolution came shipyards, quarries
14 and ice operations.
15 The town of Haverstraw became
16 known for its brick industry and was
instrumental
17 in building much of 19th Century New York City,
18 many of those buildings still standing. In its
19 heyday, there were 106 brick- making businesses
20 in Rockland County and the brick manufacturers
21 were digging under the city to get more clay to
22 make bricks and there was a collapse in 1906.
23 Many people were killed. Fires raged into the
24 night.
25 These industries persisted into
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1 the 20th Century when early scientists began to
2 set up shop and ushered in one of the first
waves
3 of high tech' industry.
4 During World War II, Camp Shanks
5 at Orangeburg was the largest Army embarkation
on
6 the East Coast, sending 1.3 million American
7 troops to England and North Africa and keeping
8 many German and Italian prisoners during that
9 time.
10 Today, in addition to being a hub
11 for high tech' business and a great place to
12 raise a family, Rockland is probably the best
13 known as the gateway to the Hudson Valley.
14 While most of you have driven
15 through it, I would like to extend to each and
16 every one of you a personal invitation to stop
by
17 and experience Rockland County during its
18 bicentennial year.
19 Thank you very much.
20 ACTING PRESIDENT KUHL: Senator
21 DeFrancisco on the resolution.
22 SENATOR DeFRANCISCO: Would the
23 sponsor yield to a question? (Laughter) I was
24 just curious if -
25 ACTING PRESIDENT KUHL: Senator
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1 Holland, Senator DeFrancisco enjoyed all -- you
2 were enlightening the members so much and in
3 sharing those personal experiences with us about
4 Rockland County that he has a question. He
wants
5 to know if you would yield to a question.
6 SENATOR HOLLAND: Certainly.
7 ACTING PRESIDENT KUHL: The
8 Senator yields.
9 SENATOR DeFRANCISCO: What role,
10 if any, did Rockland County have in the Civil
11 War? (Laughter)
12 ACTING PRESIDENT KUHL: The
13 question is on the resolution. All those
members
14 in favor signify by saying aye.
15 (Response of "Aye".)
16 Opposed, nay.
17 (There was no response.)
18 The resolution is adopted.
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President, can
21 we at this time take up the non- controversial
22 calendar.
23 ACTING PRESIDENT KUHL: The
24 Secretary will read the non-controversial
25 calendar.
3174
1 THE SECRETARY: Calendar Number
2 413, by Senator Saland, Senate Print 4519-B, an
3 act to amend the Domestic Relations Law, the
4 Social Services Law and the Family Court Act, in
5 relation to changing.
6 ACTING PRESIDENT KUHL: The
7 Secretary -
8 SENATOR PATERSON: Lay it aside.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 549, by Senator LaValle, Senate Print 2669, an
13 act to amend the Town Law, in relation to
14 expanding from fire district revenues.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 53.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
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1 595, by Senator Goodman, Senate Print 6663, an
2 act to amend the Tax Law, in relation to
3 correcting cross-references.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 8. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 53.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 654, by Senator Volker, Senate Print 6600, an
act
16 to amend the Penal Law, in relation to loitering
17 and the unauthorized boarding of school buses.
18 ACTING PRESIDENT KUHL: The
19 Secretary will read the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect on the first day of
22 November.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
3176
1 THE SECRETARY: Eyes 43.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 655, by Senator Goodman -
6 SENATOR WALDON: Lay it aside.
7 THE SECRETARY: -- Senate Print
8 6794 -
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 668, by Senator Stafford, Senate Print 6475, an
13 act to amend the Executive Law, in relation to
14 the Commission on Uniform State Laws.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 54.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3177
1 675, by Senator Marcellino, Senate Print 2248 -
2 SENATOR WALDON: Lay it aside.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside.
5 THE SECRETARY: Calendar Number
6 679, by Senator Nozzolio, Senate Print -
7 SENATOR WALDON: Lay it aside.
8 THE SECRETARY: -- 5182.
9 ACTING PRESIDENT KUHL: Lay the
10 bill aside.
11 THE SECRETARY: Calendar Number
12 688, by Senator Rath, Senate Print 2014, an act
13 to amend the Education Law, in relation to
14 displaying the flag of the state of New York.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 60th day.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 55.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3178
1 700, by Senator Seward, Senate Print 3742-B, an
2 act to amend the Judiciary Law, in relation to
3 establishing a second County Court.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect January 1.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT KUHL: Record the
12 negative and announce the results.
13 THE SECRETARY: Ayes 54, nays 1,
14 Senator Leichter recorded in the negative.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 726, by member of the Assembly Weinstein,
19 Assembly Print 9167, an act to amend Chapter 729
20 of the Laws of 1994.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT KUHL: Call the
3179
1 roll.
2 THE SECRETARY: Ayes 55.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 728, by Senator Spano, Senate Print 6411, an act
7 to amend the Retirement and Social Security Law,
8 in relation to establishment of a presumption.
9 ACTING PRESIDENT KUHL: The
10 Secretary will read the last section.
11 SENATOR LEICHTER: Lay it aside.
12 ACTING PRESIDENT KUHL: Is there a
13 lay aside on that bill?
14 SENATOR LEICHTER: Hold on just
15 one moment, please.
16 ACTING PRESIDENT KUHL: Is there a
17 lay aside on Calendar Number 728? Does some
18 member wish to lay it aside?
19 SENATOR LEICHTER: I'll just vote
20 in the negative.
21 ACTING PRESIDENT KUHL: Don't feel
22 obliged to. Is that something you wish to do,
23 Senator Leichter? Lay Calendar Number
24 728 -
25 SENATOR LEICHTER: No, no.
3180
1 ACTING PRESIDENT KUHL: You want
2 to vote no. Okay. The Secretary will read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT KUHL: Record the
10 negative.
11 THE SECRETARY: Ayes 54, nays 1,
12 Senator Leichter recorded in the negative.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 815, by Senator Bruno -
17 SENATOR PATERSON: Lay it aside.
18 THE SECRETARY: -- Senate Print
19 706 -
20 ACTING PRESIDENT KUHL: Lay the
21 bill aside.
22 THE SECRETARY: Calendar Number
23 825, by Senator Holland, Senate Print 6884, an
24 act to amend the Vehicle and Traffic Law, in
25 relation to required identification.
3181
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 56.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 826, by Senator Skelos, Senate Print 6981, an
act
13 to amend the Vehicle and Traffic Law, in
relation
14 to requiring school bus drivers to ensure.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the first day of
19 September.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 55, nays 1,
24 Senator Meier recorded in the negative.
25 ACTING PRESIDENT KUHL: The bill
3182
1 is passed.
2 Senator Bruno, that completes the
3 reading of the non-controversial calendar.
4 What's your pleasure?
5 SENATOR BRUNO: Mr. President, can
6 we at this time take up the controversial
7 calendar.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the -- the Secretary will
10 read the controversial calendar, beginning with
11 Calendar Number 915 at the request of the
12 Majority Leader.
13 THE SECRETARY: Calendar Number
14 815, by Senator Bruno, Senate Print 706, an act
15 to amend the Vehicle and Traffic Law, in
relation
16 to the disqualification of a school bus driver
in
17 certain instances.
18 SENATOR PATERSON: Explanation.
19 ACTING PRESIDENT KUHL: Senator
20 Bruno, an explanation of Calendar Number 815 has
21 been requested by Senator Paterson, the Acting
22 Minority Leader.
23 SENATOR BRUNO: Thank you very
24 much, Mr. President.
25 This is a bill that changes the
3183
1 Vehicle and Traffic Law of this state. This is
a
2 piece of legislation that we have passed in this
3 house for two previous years, two years ago
4 unanimously, last year unanimous minus four
votes
5 and it does something, Mr. President, that needs
6 to be done in this state.
7 It removes drunken bus drivers,
8 who drive our children, from behind the wheel.
9 It removes those that test positive for using
10 drugs from getting behind the wheel and
11 transporting our most precious cargo, our
12 children.
13 Federal law and state law
14 addresses the question of testing, random
testing
15 of bus drivers, but the problem is that when bus
16 drivers are tested positive for alcohol or
drugs,
17 there is no way that the school district can do
18 much other than get them into some program,
19 chastise them, potentially a maximum fine of
$250
20 and they're back behind the wheel.
21 In my district, the same bus
22 driver was behind the wheel three times and
found
23 in testing to be under the influence of alcohol
24 and/or drugs. That is wrong. This law will
25 change that.
3184
1 A driver's license in this state
2 is a privilege. It is not a divine right
3 belonging to each and every individual.
Driver's
4 licenses are removed from people who abuse the
5 privilege of driving and any bus driver -- and
in
6 the capital region, in the district of Troy,
they
7 are on the verge of trying -- and they're trying
8 to break the contract with a bus company because
9 any number of drivers have been tested and found
10 positive, endangering the welfare and the lives
11 of our children.
12 Now, why should parents have to
13 put a child on a bus and worry themselves until
14 that child gets home that some driver who has
the
15 trust entrusted to look after those children may
16 not be thinking clearly or acting properly?
17 So this bill has passed, as I've
18 said, overwhelmingly for good reason. All we
19 change here is that if a person is tested, they
20 can request, if they're not happy with the
21 result, a second test from the same specimen and
22 if that second test proves positive, they then
23 can have their license revoked permanently and
24 that means that if they were hired to drive a
25 bus, they would then be undoubtedly fired by the
3185
1 school district because if they're bus drivers
2 without a license, they're not going to drive
3 many buses.
4 That's the intent of this law. I
5 understand those that are concerned about the
6 civil rights of individuals. I am concerned
7 about an individual's civil right. I am also
8 concerned about our children who by the tens of
9 thousands board buses every day and we cannot
10 allow the condition that presently exists to
11 continue.
12 So, Mr. President, that's the
13 explanation, and I would humbly recommend that
14 those people that are so inclined support this
15 legislation.
16 ACTING PRESIDENT KUHL: Senator
17 Paterson.
18 SENATOR PATERSON: Thank you, Mr.
19 President.
20 Would the distinguished Majority
21 Leader yield for a few questions?
22 SENATOR BRUNO: I will, Mr.
23 President, for our very distinguished Minority
24 Leader.
25 ACTING PRESIDENT KUHL: The
3186
1 Senator yields.
2 SENATOR PATERSON: Mr. President,
3 I want to advise the members today that there
was
4 an incident in New York City last week where a
5 former teacher who had been put on the list for
6 those not eligible to act as a substitute
teacher
7 inadvertently was rehired at a school district,
8 15 years prior had assaulted a student and that
9 was the reason why this teacher had been taken
10 off the list and in the classroom this teacher
is
11 alleged to have assaulted many students with a
12 chair and was actually arrested toward the end
of
13 last week in New York City.
14 Assuming this legislation passes
15 -- because it did last year -- I wanted to ask
16 the Majority Leader what will be some of the
17 measures that will be taken to ensure that when
18 it becomes law that it's actually enforced
19 properly?
20 SENATOR BRUNO: It is enforced
21 properly?
22 SENATOR PATERSON: Yes.
23 SENATOR BRUNO: The law mandates
24 that if the person tests positive that the
school
25 district -- that they would have their license
3187
1 revoked by the Department of Motor Vehicle. So
2 that it removes it from the jurisdiction of the
3 district and it also supersedes, if this were
4 law, the collective bargaining arrangement that
5 might have been made where they have bargained
6 away their right to dismiss as they may have in
7 the instance that you just described, Senator.
8 SENATOR PATERSON: Thank you, Mr.
9 President.
10 If Senator Bruno would yield for
11 another question.
12 SENATOR BRUNO: Yes, Mr.
13 President.
14 ACTING PRESIDENT KUHL: The
15 Senator yields.
16 SENATOR PATERSON: Senator Bruno,
17 we have a number of studies that were presented
18 to us by some of the lobbying organizations, the
19 New York Civil Liberties Union, the Civil
Service
20 Employees Association, demonstrating that in
21 tests conducted by the general accounting office
22 and also by the Center for Disease Control -
23 thank you -- that the possibility of a false
24 positive arising from a test varies from between
25 3 and 30 percent in different studies. With the
3188
1 distinct possibility of a false positive, we
2 would not want to destroy the reputation of a
3 driver that is not engaging in any substance
4 abuse and prohibit them from pursuing their
5 career as a bus driver.
6 At the same time, we recognize the
7 importance to protecting children and that if
8 there is any gray area, we would probably want
to
9 err, if we do err, in the direction of saving
10 children.
11 Nonetheless, under the federal
12 law, there is a much more distinct and much more
13 specific reference to dual testing. I suggested
14 on the floor last year that perhaps we might
15 write it into this legislation since it wouldn't
16 change in any way any of the results as it would
17 remove those drivers that are proven in double
18 tests to be substance abusers.
19 I was wondering if the Majority
20 Leader had an opinion or a comment on why we
21 can't change the legislation as it's written to
22 coincide with the way it appears in the federal
23 law.
24 SENATOR BRUNO: Well, it's my
25 understanding, Senator, that the fed's have
3189
1 mandated random testing in many areas in our
2 society and we have been doing that for years,
3 and the tests that are taken, if we understand
4 them correctly, would leave very little room for
5 error because when a person is suspected or
6 randomly tested, a specimen is taken. It is
7 separated into two parts and one part is put
8 aside and one part is immediately tested. If
9 that test is positive and the alleged
perpetrator
10 feels that that's unfair, they can then request
a
11 second test before the district is even notified
12 of the results of the first test and then that
13 second half of the specimen is taken to an
14 entirely different facility, another lab where
15 they would do a totally separate independent
test
16 for the second time and if it is found to be
17 positive, well, then this law would take effect.
18 The employer is notified. DMV is notified. The
19 person loses their license.
20 So it would seem that there's very
21 little room for error by two separate facilities
22 who specialize in these kinds of tests.
23 ACTING PRESIDENT KUHL: Senator
24 Paterson.
25 SENATOR PATERSON: Thank you, Mr.
3190
1 President.
2 I want to thank the Majority
3 Leader for his responses and on the bill, Mr.
4 President.
5 ACTING PRESIDENT KUHL: Senator
6 Paterson on the bill.
7 SENATOR PATERSON: We have a
8 situation where, as the Majority Leader
9 explained, we would be using the same specimen
10 and there's the possibility to conduct a second
11 test to confirm the validity of the first test.
12 As we mentioned before, the issue
13 of child protection and children safety really
14 must supersede all other issues. However, the
15 issue of clarity, so that in looking at the law
16 those who would be inclined to participate in
the
17 legal right of representation of one who is
18 accused of testing positive, there would be a
19 clear understanding of what the options that the
20 defendant would enjoy in this type of
21 circumstance. We don't think that the clarity
22 should in any way serve to diminish the value of
23 this legislation and we just felt that the
24 federal protection could have been applied to
the
25 state and could have been written into this
3191
1 legislation.
2 I'm going to vote for the bill,
3 Mr. President. I think it has great merit, and
I
4 think that the issue of child protection must be
5 favored above all others in a situation where we
6 have seen a number -- and frankly alarming
number
7 of situations where children were hurt because a
8 substance abuser was operating a vehicle
9 supposedly to transport them from home to school
10 and from school back to custodial care and yet
11 they wound up in an accident due to the
12 irresponsibility of the individual.
13 However, in these situations, it
14 must be noted that there are several instances
of
15 false testing. I don't think that anyone here
16 may have been victimized by it. There's a
former
17 colleague of ours who was victimized by it in a
18 situation, and I think we should attune
ourselves
19 and should familiarize ourselves with how
20 frequently these false tests occur.
21 As I said before, the general
22 accounting office in one test and other tests
23 conducted by the Center for Disease Control
24 estimate that in some cases the false positive
25 can be reached in an alarming rate of 30 percent
3192
1 and how much more foresighted, I think it would
2 have been, to have just written the legislation
3 so that the protections of those accused would
be
4 made just as clear in our state-sponsored
5 legislation as what was mandated by federal law
6 which we would certainly be serving at the same
7 time.
8 As I said, I'm going to vote for
9 the bill but because we are not able at this
10 point scientifically to have our tests be as
11 accurate as we can test other diseases or other
12 maladies, we would really try to convince the
13 sponsor before making this law that perhaps that
14 slight change would put the bill in a spectrum
in
15 which we would all be able to support it.
16 ACTING PRESIDENT KUHL: Senator
17 Farley on the bill. Senator Farley.
18 SENATOR FARLEY: You know, this
19 might seem like an insignificant piece of
20 legislation to some, but let me just tell you in
21 Niskayuna, the town where I live, a bus driver
22 was arrested driving children for being under
the
23 influence of alcohol. The children that were
24 riding the bus had to report him to the police
25 because of his erratic driving.
3193
1 I think it's absolutely outrageous
2 that we can have people that are under the
3 influence of alcohol driving young children in a
4 community. It happened just recently here in my
5 hometown of Niskayuna.
6 I urge the support of this bill.
7 ACTING PRESIDENT KUHL: Any other
8 Senator wishing to speak on the bill?
9 (There was no response.)
10 Hearing none, the Secretary will
11 read the last section.
12 THE SECRETARY: Section 4. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT KUHL: Record the
18 negatives. Announce the results.
19 THE SECRETARY: Ayes 55, nays 2,
20 Senators Montgomery and Sampson recorded in the
21 negative.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 Senator Smith, why do you rise?
25 SENATOR SMITH: I request
3194
1 unanimous consent to be recorded in the negative
2 on Calendar Number 815.
3 ACTING PRESIDENT KUHL: Without
4 objection, hearing no objection, Senator Smith
5 will be recorded in the negative on Calendar
6 Number 815.
7 Senator -
8 SENATOR BRUNO: Recognize Senator
9 Goodman for an announcement and then Senator
10 Marchi.
11 ACTING PRESIDENT KUHL: The Chair
12 recognizes Senator Goodman.
13 SENATOR GOODMAN: Mr. President,
14 it's with a great deal of pleasure that I remind
15 members on both sides of the aisle that tonight
16 is a very important night in the calendar year
of
17 every state Senator because it is the annual
18 meeting of the Senate Club of the state of New
19 York.
20 The Senate Club for many years had
21 a restrictive clause which said that it was
22 necessary to have five years of Senate service
23 before joining the club, but in view of an
24 enlightened change in that policy, every member
25 of the Senate is now eligible along with every
3195
1 alumnus of the Senate and all the alumni often
2 make it a point to return, including some of our
3 most distinguished former leaders and governors
4 of the state and the like, and may I just say to
5 members that in addition to all of these
6 intellectively brilliant attractions, we're also
7 providing some secret highly cultural
8 entertainment for your delectation and delight
9 this evening, and I hope you'll make it a
certain
10 point to join us.
11 The dues for the club are very
12 modest. The returns are enormous in terms of
13 gastronomy, other types of refreshment which can
14 be obtained in cylindrical shaped vessels and
15 excellent good fellowship beyond descript -- my
16 humble powers of description. Please come to
17 Jack's Restaurant, 6:30 cocktails, 7:00 o'clock
18 dinner. We'll see you there.
19 Thank you very much, Mr.
20 President.
21 ACTING PRESIDENT KUHL: The Chair
22 recognizes Senator Marchi.
23 SENATOR MARCHI: I'm just
24 wondering whether this reunion of Senators is
fit
25 for general population.
3196
1 In any event, Mr. President, it
2 has been one of our better traditions in the
3 Capitol to have -- be visited and honored by the
4 presence of members of the St. John's University
5 School of Law with us.
6 Their record is really
7 tremendous. Strangely they have not accepted
8 Bundy money just so that they could maintain
some
9 of the freedom and flexibility which they feel
is
10 appropriate to them and notwith- standing, they
11 have been able to stand the rigors without
12 enormous foundations and provide education of
13 great quality.
14 I'm the oldest member of this
15 genre of Senators and legislators, but we also
16 have the presence of the youngest member who
told
17 me very boldly that he was born before I was -
18 before I came to this chamber and he's a
19 brilliant young man, and I yield to him for the
20 purpose of recognizing some of the governance at
21 the university and express his pleasure so that
22 we come within our grasp all of the -- all of
23 those who -- and I'm sure this embraces the
24 entire chamber -- the -- of the St. John's
25 presence here in the state Capitol. We've had
it
3197
1 every year and we look forward to it.
2 I yield to my brilliant colleague
3 who wasn't even born when I came to the Senate
4 but shows enormous promise and the fact that
this
5 body will be rejuvenated by the freshness and
6 intelligence that he characterizes and exhibits.
7 ACTING PRESIDENT KUHL: Senator
8 Balboni.
9 SENATOR BALBONI: Thank you,
10 Senator Marchi.
11 And until you said my name, nobody
12 in the chamber knew who you were speaking about.
13 They're still not sure it applies, but I
14 appreciate the opportunity nonetheless.
15 Senator Bruno, I appreciate the -
16 this occasion that you've allowed us to join
with
17 the celebration for St. John's University School
18 of Law.
19 I share many things in common with
20 my predecessor. This is one of my -- the more
21 proud moments that I have to stand on the floor
22 for the first time, as Mike Tully was also an
23 alumni of St. John's Law School and today
joining
24 with us is Dean Rudy Hasl, Richard Kane, Judge
25 Milton Mollen, the former presiding justice of
3198
1 the second department appellate division and the
2 Reverend Richard Kehoe, chaplain of the law
3 school, along with several of the alumni that
4 join us in the gallery.
5 Mr. President, it's my honor to
6 welcome them here this year as a member of the
7 state Senate. It's a very proud moment for me
8 and my family indeed.
9 Thank you very much.
10 ACTING PRESIDENT KUHL: Senator
11 Balboni, on behalf of Senator Bruno and yourself
12 and all the other members, we certainly welcome
13 these distinguished alumni of St. John's Law
14 School to the Senate chamber. Have an extremely
15 terrific and good time while you're here in the
16 Capitol and thank you for sharing a moment of
17 your day with all of us. Gentlemen.
18 (Applause)
19 Senator Bruno.
20 SENATOR BRUNO: Mr. President, can
21 we at this time continue with the controversial
22 calendar.
23 ACTING PRESIDENT KUHL: The
24 Secretary will continue to read the
controversial
25 calendar in regular order.
3199
1 THE SECRETARY: Calendar Number
2 413, by Senator Saland, Senate Print 4519-B, an
3 act to amend the Domestic Relations Law, the
4 Social Services Law and the Family Court Act.
5 SENATOR PATERSON: Explanation.
6 ACTING PRESIDENT KUHL: Senator
7 Saland, an explanation of Calendar Number 413
has
8 been requested by Senator Paterson.
9 SENATOR SALAND: Mr. President,
10 this bill amends various sections of the
Domestic
11 Relations Law, the Social Services Law and the
12 Family Court Act to replace or substitute the
13 term "parenting time" for the term "visitation".
14 The bill, I believe passed earlier
15 this year. It's been recalled for technical
16 reasons. The technical reasons will be found in
17 Section 10 of the bill and basically it
addresses
18 the fact that when the bill was originally
19 drafted last year, we hadn't passed the major
20 support reform piece that we had done later in
21 the 1997 session. The bill now includes that
22 particular session in its amendments.
23 ACTING PRESIDENT KUHL: Senator
24 Paterson.
25 SENATOR PATERSON: Sorry. I was
3200
1 just consulting with my counsel. Now I'm ready
2 for my -- my question, if Senator Saland will
3 yield for a question.
4 ACTING PRESIDENT KUHL: Senator
5 Saland, do you yield?
6 SENATOR SALAND: Certainly, Mr.
7 President.
8 ACTING PRESIDENT KUHL: The
9 Senator yields.
10 SENATOR PATERSON: Thank you.
11 Senator, is -- the term
12 "parenting" as opposed to "visitation", I would
13 imagine is -- that the whole genesis of this is
14 the idea of having a greater responsibility on
15 behalf of the party that would actually benefit
16 from the new title and to, I guess as a public
17 apology -- public policy encourage greater
18 participation.
19 However, many of the support
20 groups in the area have pointed out that the
mere
21 allowance of visitation does not connote that
22 there's full participation of the other party.
23 So my question is, would we want
24 to be, in a sense granting that title or create
25 that standing of the other party to assert it to
3201
1 the child when, in fact, what the child is
2 unaware of is that that party is maybe not
3 necessarily keeping up their end or fully
4 participating as a parent?
5 SENATOR SALAND: Mr. President, my
6 intention with this bill was basically to say to
7 non-custodial parents that unlike visiting an
8 inmate or unlike making a visit to some
9 institutional setting, whether it be
10 correctional, whether it be a mental institution
11 of some kind, that this was more than
12 visitation.
13 A parent is a parent. How that
14 parent lives up to his or her responsibilities
15 was not addressed by this particular bill and
16 when you say "support groups", I am aware of a
17 memo, one memo in opposition, and I must tell
18 you, other than the fact that I find it amusing,
19 it is the most appalling, territorial, disgrace
20 ful memo that I have ever seen issued by any
21 group regarding any issue.
22 This knee jerk, slap slick,
23 abysmal piece that's now put out is a disgrace.
24 They should be ashamed of themselves and when
you
25 talk about territoriality, you talk about just
3202
1 trying to cut out the other guy and here we're
2 talking about another guy now has found a low.
I
3 have never seen anybody or any group sink to a
4 lower level than I have with this memo, and if
5 that is what you are referring to, really, you
do
6 justice neither to the many equitable causes
that
7 you have done battle for, and certainly I would
8 hope that that is not the basis upon which you
9 raise these questions.
10 This piece of garbage is nothing
11 more than an effort to try and be territorial
and
12 just to shut the door and slam it right in the
13 face of non-custodial parents. That's all. We
14 don't like it because it's not punitive.
15 Therefore, we're going to oppose it and if any
16 third-party rational person looked at this rag,
17 once they stopped laughing, they would be
18 appalled also.
19 ACTING PRESIDENT KUHL: Senator
20 Paterson.
21 SENATOR PATERSON: Well -
22 SENATOR SALAND: But other than
23 that, I don't feel strongly about it.
24 SENATOR PATERSON: Well, I'll tell
25 you what, Senator Saland, let's forget about
that
3203
1 memo. Why don't you and I just have a
2 conversation on it.
3 SENATOR SALAND: Incidentally, if
4 I may, Senator Paterson, this bill passed, if I
5 can coin Senator Bruno's earlier comments or
draw
6 on them, unanimously with the exception of one
7 vote last time when we entertained it.
8 SENATOR PATERSON: I sure hope it
9 wasn't mine. (Laughter)
10 Senator, what I'm referring to -
11 and to be honest with you, I think in situations
12 of custody battles, you do see the frustration
13 of, I would say of both parties coming out and
14 you do observe a lot of writings that clearly
15 have a great deal of passion, and I would even
16 concede that there is a territorial nature to it
17 as you describe, maybe perhaps because of the
18 parameters of custody and the over-arching
19 problems that young children have, and I think
20 your point is well taken.
21 However, just on the meritorious
22 issues that may be raised from just a perusal of
23 what we're intending to try to change in the law
24 from your legislation, suppose you have a
25 situation where you have a custody battle
between
3204
1 two parents -- and I'm not going to assume that
2 either won the custody battle and I'm just going
3 to say that disgruntled parent that did not win
4 custody very often tries to convince the child
5 that they are an equal partner even if they
6 aren't -- even if they aren't contributing
7 equally. So visitations at school and all
8 different types of activity occur which makes it
9 very difficult for the custodial parent to make
10 decisions, separate visitations for medical care
11 and that kind of thing. These are every-day
12 problems that people experience from trying to
be
13 a custodial parent and yet trying to fulfill the
14 visitation requirement as the court compels
15 individuals to adhere to.
16 So my question is when you have
17 these situations, to now change the title and
18 refer to it as parental visits, in those cases -
19 and I'm not assuming that all non-custodial
20 parents don't contribute, but in those cases
21 where the parent is not contributing, I'm just
22 asking you, why do we want to bestow that title
23 on someone, whether it is a man or a woman, that
24 hasn't earned it?
25 SENATOR SALAND: If I may. It
3205
1 would seem to me, then, that what you're
2 advocating is that simply by the use of a term,
3 we should be judging the relative merits of
4 claims by people involved in custodial disputes.
5 In other words, the term, whether it be parental
6 visitation -- or parental rights, I'm sorry -
7 parental time or visitation should be used
8 somehow or other to denote what, in fact, is the
9 interaction between a parent and child as
10 perceived by some less than disinterested party,
11 mainly the other person who would be the
12 custodial parent.
13 I mean, that's really what I think
14 you're saying to me, and I would no more think
15 that we should do that, than I would think that
16 we should punish all non-custodial parents by
17 giving them, in effect, a secondary status by
way
18 of terming their time with their children,
19 however frequently and however appropriately and
20 however lovingly and responsibly they deal with
21 those children, by terming it visitation. They
22 are exercising the rights of a parent as a court
23 has permitted them to do and perhaps they would
24 like to exercise it even more but the court's
25 directive will not permit them to do that and
the
3206
1 custodial parent will not permit that visitation
2 or parental time beyond what has been decreed by
3 way of a court order.
4 Similarly, are we to condemn every
5 -- every custodial parent because some custodial
6 parents, be it men or women, needlessly call in
7 reports to the central registry of child abuse
in
8 order to gain an advantage in custodial fights?
9 Should we somehow or other call those custodial
10 parents something different because they've been
11 tainted by the action of some small percentage?
12 This is a very simple bill. There
13 is really no great substantive change that this
14 bill offers. All we're doing is changing the
15 references collectively wherever the word
16 "visitation" is used to "parenting time".
17 We are not being judgmental. We
18 are not saying one way or the other that they're
19 perfectly harmonious parental relationships. We
20 are not saying that they are less than
harmonious
21 relationships. We are just talking in terms of
22 parental time. That's what I would think would
23 be appropriate. I mean, the birth certificate
24 says that's the parent, the non-custodial person
25 is the parent and that person may exercise to
the
3207
1 fullest, as I mentioned before, a desire even
2 more than he's permitted by law or she's
3 permitted by law and others, as you point out,
4 may do that in a less than admirable fashion and
5 may not even abide by this responsibility. Do
we
6 paint all as being bad, because that's what this
7 now memo would have us do, that every
8 non-custodial parent should be punished because
9 there are non- custodial parents who fail to
10 abide by what is either morally or judiciously
11 required of them as a parent, therefore, a pox
on
12 every one of their houses.
13 ACTING PRESIDENT KUHL: Senator
14 Paterson.
15 SENATOR PATERSON: I'm just going
16 to ask one final question. It's physical
fitness
17 day, and I don't want to be responsible for
18 driving Senator Saland's blood pressure up.
They
19 were just testing it, but I just want to -- just
20 a point of clarification, Senator Saland.
21 So the genesis of the legislation
22 would be that you feel that with this change in
23 title, this would actually, if anything,
24 encourage the other parent who is the non
25 custodial parent to have a greater involvement
3208
1 because we are making it clear in the law that
2 they are equally a parent.
3 SENATOR SALAND: I'm being advised
4 by my ever esteemed counsel, Senator
DeFrancisco,
5 that it calls for a yes or no answer. Let me
6 just suggest I had a marvelous catharsis and I
7 don't have any blood pressure problems. I feel
8 very well, Senator Paterson, but I would simply
9 add that it wasn't my intention of doing
10 something substantive.
11 My intention was to somehow or
12 other say to those parents, those non-custodial
13 parents, who have in so many different ways done
14 whatever would be required of them and perhaps
15 gone beyond, that they shouldn't have to feel
16 like outsiders. They shouldn't have to feel
that
17 they were less than a parent, and it would seem
18 to me that when I have non-custodial parents who
19 are telling me in my capacity as the chairman of
20 the Children and Families Committee that they
21 find the word "visitation" very difficult to
22 accept inasmuch as they feel they're more than
23 mere visitors with their children, that this is
24 an appropriate response and to the extent that
25 this memo, as I said earlier, says if they're
not
3209
1 all good, they're all bad, I think that's a
2 terrible judgment to make and I really think
it's
3 a shameful judgment to make.
4 ACTING PRESIDENT KUHL: Senator
5 Paterson.
6 SENATOR PATERSON: Mr. President,
7 a point of clarification, if Senator Saland
would
8 yield.
9 SENATOR SALAND: Certainly, Mr.
10 President.
11 ACTING PRESIDENT KUHL: The
12 Senator continues to yield.
13 SENATOR PATERSON: Senator, there
14 are at times situations where the grandparents
or
15 some other relative of the child are exercising
16 the visitation. Would the term apply to them,
or
17 would you -- would we use visitation?
18 SENATOR SALAND: The term for
19 grandparents would more appropriately be
20 visitation.
21 SENATOR PATERSON: Okay. Thank
22 you very much, Senator.
23 ACTING PRESIDENT KUHL: The
24 Secretary will read the last section.
25 THE SECRETARY: Section 46. This
3210
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT KUHL: Senator
6 DeFrancisco to explain his vote.
7 SENATOR DeFRANCISCO: I don't know
8 what the memo said but I haven't read it. My
9 reason for voting no is very simple.
10 Senator Saland indicated that this
11 bill represented no substantive change. If it
12 represents no substantive change, then I see no
13 purpose in it, but more importantly I think the
14 fact is that we in the legal profession have a
15 body of case law that we rely on interpreting
16 very important language and bills and there's a
17 whole body and many, many years of case law in
18 interpreting the word "visitation" and to start
a
19 new term which may be subject to dispute may, in
20 some ways, change that case law when, in fact,
21 the sponsor says that the intent is not to
22 substantively change anything.
23 So I vote no.
24 ACTING PRESIDENT KUHL: Senator
25 DeFrancisco will be recorded in the negative.
3211
1 Announce the vote.
2 THE SECRETARY: Ayes 57, nays 2,
3 Senators DeFrancisco and Meier recorded in the
4 negative.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 The Secretary will continue to
8 read the controversial calendar.
9 THE SECRETARY: Calendar Number
10 655, by Senator Goodman, Senate Print 6794, an
11 act to amend the Criminal Procedure Law and the
12 Executive Law.
13 SENATOR WALDON: Explanation.
14 ACTING PRESIDENT KUHL: Senator
15 Goodman, an explanation has been requested of
16 Calendar Number 655 by Senator Waldon.
17 SENATOR GOODMAN: Mr. President,
18 let me first take you on a quick trip down
memory
19 lane to give you a little of the history of
20 what's going on with this bill.
21 In June of 1995 at the insistence
22 of the Governor, a Sentencing Reform Act was
23 passed enacted to ensure that violent felony
24 offenders receive appropriate prison sentences.
25 This was a get tough law by its intent and was
so
3212
1 fashioned and so implemented and among other
2 provisions, that measure, first of all, created
3 determinate sentences for second violent felony
4 offenders. It eliminated parole for second
5 violent felony offenders and required them to
6 serve six-sevenths of the determinate sentence.
7 It required that first violent felony offenders
8 serve a minimum of one half rather than
one-third
9 of their maximum sentence. It lengthened the
10 permissible terms of imprisonment for persistent
11 violent felony offenders.
12 In view of the increased penalties
13 that were imposed by that law, the Governor in
14 his judgment felt that in order to ensure
15 sufficient prison space to house these inmates,
16 the Sentencing Reform Act should also have a
17 provision for the deportation to the country of
18 origin of criminal aliens who are in prison for
19 non-violent felony offenses prior to the
20 expiration of their minimum term.
21 As has been the case with other
22 states that have enacted similar programs in
23 conjunction with the federal government, the
24 program has resulted in the deportation of over
25 1,000 offenders from New York State prisons to
3213
1 their country of origin, thereby ensuring that
2 the prison system can house the violent
offenders
3 who are incarcerated under the provisions of
this
4 get tough act.
5 However -- and it's an important
6 "however" -- the early parole for deportation
7 purposes to the most serious drug offenders
8 should be denied in cases where there are
9 offenses of an A-1 or A-2 felony nature
involving
10 the possession of significant amounts of
11 controlled substances. The principal criterion
12 should not be simply whether they are violent
13 offenders but rather whether their possession is
14 of such magnitude as to suggest that they may
15 have linkage to the drug trade often originating
16 in the Dominican Republic and you may have noted
17 just in this past week's New York Times a front
18 page story describing the extraordinary
19 pervasiveness of the Dominican drug trade and
the
20 epidemic of difficulties that it's brought
about.
21 Now, the problem with the existing
22 law was exposed, I think by among other things a
23 hearing of the Senate's ever watchful watch dog,
24 the Senate Investigations Committee which had a
25 hearing on the subject of heroin of new high
3214
1 intensity and the problems it was engendering
and
2 in the course of that hearing a very important
3 member of the judiciary, Judge Leslie Crocker
4 Snyder noted that many of the street sales were
5 being handled by Dominican gangs and that the
6 gangs are extremely violent and have murdered
7 rival drug dealers, witnesses and innocent
8 people. The judge also said that even when they
9 are arrested and prosecuted, some of the gang
10 members were able to escape from the confines of
11 the law to apply their elicit trade again and
she
12 cited as an example the case of a drug dealer
13 convicted of an A-1 felony whom she had
sentenced
14 25 years to life in prison.
15 Under the recently enacted
16 conditional parole law that I just described,
17 this drug dealer could be considered for parole
18 and deported to the Dominican Republic after
19 serving only seven years of the sentence. This
20 particular drug dealer was convicted under
21 another Class A-1 felony previously and had been
22 deported to the Dominican Republic and he was
23 recycled and came right back into society and
24 managed to return to the country to run his
25 cocaine and heroin rings once more.
3215
1 Now, very frankly, the law which
2 had as its intention a crackdown on drug dealers
3 had one in my judgment mistaken view and that
was
4 that it was desirable in certain instances to
5 create room in prison for the most serious
6 offenders by allowing the deportation of those
7 foreign people who were convicted of A-1 and A-2
8 felonies.
9 The purpose of this bill is to
10 close the loop hole which permitted those people
11 to leave the country after serving only a
12 fraction of their original sentences and to come
13 back into the country and apply their heinous
14 trades once again and, therefore, what the bill
15 does and what it, I think very properly seals
off
16 is the possibility of the return of these very
17 serious drug felons, even though they were not
18 involved in violent activity.
19 Specifically, under the bill,
20 inmates convicted of Class A-1 drug offenses
will
21 be ineligible for the program envisaged
22 originally in the bill and in addition the
23 district attorney will receive notification from
24 the Division of Parole prior to consideration
25 being given to any inmate convicted of a Class
3216
1 A-2 felony drug offense. If the district
2 attorney objects to the inmate's potential
parole
3 to the Immigration and Naturalization Service,
4 the inmate shall be ineligible for such parole
5 consideration prior to the completion of the
6 minimum sentence.
7 So in a nutshell, Senator, what
8 this bill does is to close off an inadvertent
9 loop hole which arose as an attempt to get
10 stricter and tougher and it does say that if you
11 are an A-1 felon, you cannot be deported prior
to
12 the completion of your sentence and if you're an
13 A-2 felon, you can only be deported if the
14 district attorney and the prosecuting officer
15 approves such deportation.
16 We are confident that this will
17 then permit us to preclude the return to the
18 United States of those people who should not be
19 here and who obviously are involved in very
heavy
20 drug and dangerous drug trafficking.
21 SENATOR WALDON: Mr. President.
22 ACTING PRESIDENT KUHL: Senator
23 Waldon.
24 SENATOR WALDON: If the gentleman
25 would yield to a question or two.
3217
1 SENATOR GOODMAN: Yes, I will.
2 Certainly, Senator.
3 ACTING PRESIDENT KUHL: Senator
4 Goodman, do you yield to a question? The
Senator
5 yields.
6 SENATOR WALDON: Thank you very
7 much, Mr. President.
8 Senator, let's continue down that
9 memory lane that you orchestrated so well
moments
10 ago. How many of these so-called drug kingpins,
11 if I may characterize them as such, have been
12 released to date which precipitated this change
13 in the law? This just didn't happen
14 happenstance. What caused the Governor to do
15 this? What was the -
16 SENATOR GOODMAN: It was my
17 understanding, according of Katie Lapp, the
18 Governor's Criminal Justice Services Director,
19 it's my belief that there have been four such
20 instances that are known to her of the number
who
21 have been deported and there are four very
22 serious cases involved.
23 Let me see if I can elaborate upon
24 that slightly, if you'll give me just a moment
to
25 consult a recent description of this. There
were
3218
1 1500 inmates found eligible for the program
since
2 1995 through '97. Parole officials approved
3 1,218 for release and of those more than 900
have
4 already been freed from prison. Illegal
5 immigrants make up at least 27 percent of the
6 approximately 69,500 inmates in the state's
7 overcrowded prison system. Federal prosecutors
8 in New York have indicated -- let me see if I go
9 find -- yes. I stick to that original number,
10 Senator, as four.
11 SENATOR WALDON: Senator, I am not
12 a contentious personality -- may I continue, Mr.
13 President?
14 ACTING PRESIDENT KUHL: Are you
15 asking Senator Goodman to continue to yield?
16 SENATOR WALDON: Yes, I am, Mr.
17 President.
18 SENATOR GOODMAN: I will gladly
19 yield to you, Senator, since it's well known to
20 me that you are far from a contentious
21 personality.
22 SENATOR WALDON: I thank you for
23 that kind assessment, Senator Goodman, but I
have
24 information which tells me that the number is
not
25 four but that the Governor's early release
3219
1 program has resulted in 1,218 felons being
2 released from prison for deportation, including
a
3 number of major drug dealers whose release was
4 opposed by the district attorneys who convicted
5 them. Furthermore, my information says -
6 SENATOR GOODMAN: Will you suffer
7 an interruption briefly?
8 SENATOR WALDON: Absolutely,
9 Senator.
10 SENATOR GOODMAN: I believe
11 there's a misunderstanding. For just a moment,
I
12 would like to clarify. I read you that same
13 number and indicated that that was the number,
14 but I thought your question related to those who
15 have returned to the country after being
16 released.
17 SENATOR WALDON: No, no. I said
18 so-called drug kingpins.
19 SENATOR GOODMAN: Oh, I beg your
20 pardon.
21 SENATOR WALDON: A major drug
22 dealer, in my estimation, if I may continue, Mr.
23 President, is a kingpin.
24 SENATOR GOODMAN: As I've said to
25 you earlier, 1218 is the correct number, which I
3220
1 believe I presented to you before you raised it
2 and pointed out and thinking that you were
3 inquiring about those returning to the country,
4 that that number was four.
5 SENATOR WALDON: Okay. If I may
6 continue, Mr. President. Will the gentlemen
7 continue to yield?
8 ACTING PRESIDENT KUHL: Will you
9 continue to yield? Senator Goodman, do you
10 continue to yield?
11 SENATOR GOODMAN: Yes. You have
12 my full attention, Senator.
13 SENATOR WALDON: Thank you, Mr.
14 President.
15 ACTING PRESIDENT KUHL: The
16 Senator continues to yield.
17 SENATOR WALDON: Thank you,
18 Senator Goodman.
19 Senator Goodman, I'm further
20 advised that of these 1218, more than 650 of
them
21 had been convicted of serious drug offenses and
22 that four have already been rearrested in New
23 York City. Is your information similar to that?
24 SENATOR GOODMAN: Yes. And you
25 are using the word "serious". You're not
3221
1 referring to violent offenses. You are
referring
2 to A-1 or A-2 offenses.
3 SENATOR WALDON: Correct, sir.
4 SENATOR GOODMAN: And if I may
5 just be clear for the members of the chamber's
6 fuller understanding, what we mean by A-1 and
A-2
7 are offenses which involve specified weights of
8 various restricted substances along the felony
9 lines.
10 An A-1 drug felon, for example, is
11 considered an A-1 felon if he is involved in the
12 criminal sale of two ounces or more of narcotic
13 drugs.
14 An A-2 felon is similarly viewed
15 if he is involved in a half to two ounces of
16 market drugs and there are a number of other
17 things such as Methadone -- Methadone and other
18 types of specified hallucinogens, stimulants and
19 other substances, LSD, for example, included.
20 So "serious" is a matter of -- in
21 the eyes of the beholder. I regard A-1 and A-2
22 as being serious. I think that may be your
23 point.
24 ACTING PRESIDENT KUHL: Senator
25 Waldon.
3222
1 SENATOR WALDON: Thank you. That
2 was -- may I continue, Mr. President? That was
3 my point, Senator.
4 May I continue, if the gentleman
5 would continue -
6 ACTING PRESIDENT KUHL: Senator
7 Goodman, do you continue to yield?
8 SENATOR GOODMAN: Yes, I will.
9 ACTING PRESIDENT KUHL: The
10 Senator continues to yield.
11 SENATOR WALDON: Senator Goodman,
12 in your preparation for the debate today, can
you
13 share with us the number of people who were
14 released, these so-called serious drug offenders
15 who were released over the objections of the
16 specific or particular district attorney who had
17 been responsible for convicting them?
18 SENATOR GOODMAN: I have no such
19 information available to me at this time,
20 Senator.
21 SENATOR WALDON: Would the
22 gentleman continue to yield, Mr. President?
23 SENATOR GOODMAN: May I just say
24 I'm happy to yield ad seriatim as many times as
25 the Senator would like until 6:00 o'clock
3223
1 tonight.
2 ACTING PRESIDENT KUHL: The
3 Senator continues to yield.
4 SENATOR WALDON: Thank you,
5 Senator.
6 Senator, have you or to your
7 knowledge has the Governor conducted any
hearings
8 regarding this proposal that you're submitting
9 for our consideration or the facts which were
the
10 genesis, the circumstances which were the
genesis
11 of this proposal?
12 SENATOR GOODMAN: No, but it may
13 well be that he was privy to the annals of the
14 Senate Investigations Committee which, as I said
15 earlier, did examine this matter and received
16 some very cogent testimony from Judge Crocker
17 Snyder and other experts in the field.
18 SENATOR WALDON: If I may
19 continue, Mr. President.
20 Senator, why did we wait until the
21 spring of '98 to deal with this issue -- when
you
22 characterized it earlier in our meandering back
23 through time as originating about 1995 or 1996,
24 why did we wait until today to deal with this
25 issue?
3224
1 SENATOR GOODMAN: Now, Senator, I
2 regard myself as a friend and warm supporter of
3 the Governor's, but I cannot make any claim to
4 having access to the processes and the inner
5 workings in his mind, and so I'm not able to
6 answer that.
7 SENATOR WALDON: May I continue,
8 Mr. President?
9 ACTING PRESIDENT KUHL: The
10 Senator continues to yield.
11 SENATOR WALDON: Senator, I
12 appreciate your patience and I won't belabor
this
13 point much longer, this discussion, this
14 colloquy, if you will, but in your estimation,
15 does any of this have anything to do with
certain
16 drug kingpins who were released to go back to
17 Israel or who may have been alleged to have used
18 influence on the administration to obtain their
19 release? I believe I have their names
somewhere,
20 but are you aware of that?
21 SENATOR GOODMAN: Senator, may I
22 in the most serious vein say that I have no such
23 information and I would be very, very grateful
to
24 you if you would not, unless you are prepared to
25 advance specific evidence to that effect, even
3225
1 advert to it because, in my opinion, that was a
2 smear directed at the Governor without any
3 substance of any kind whatsoever, and I think it
4 would be most beneath the dignity of this
chamber
5 to indulge in such speculation.
6 SENATOR WALDON: Mr. President, I
7 thank the Senator and I would like to speak on
8 the bill.
9 ACTING PRESIDENT KUHL: Senator
10 Waldon on the bill.
11 SENATOR WALDON: Senator Goodman,
12 I respectfully accept your advice regarding a
13 potential smear in terms that one should never
14 make accusations, though protected by this
15 chamber or elsewhere against one of our elected
16 officials. That was not the purpose, but there
17 was a news report which indicated that a number
18 of people -- to my knowledge, a news report. I
19 have it right here in front of me -- were
20 released and it was alleged that someone had
21 prevailed upon governmental officials to
facility
22 that.
23 If that is not true, I am the
24 first to acknowledge. If someone can show me
25 that it had no bearing in truth or fact, I would
3226
1 be the first to say I'm glad that such is the
2 case. However, it was an allegation and I
shared
3 it with you for purposes of our discussion.
4 I am not going to vote against
5 this bill. I think any time that we are dealing
6 with people who are predators, whether it be in
7 terms of a violent act of a physical nature,
8 attacking someone's body or their life, I think
9 those are very bad people.
10 I think equally bad are people who
11 sell death to our children and those who are the
12 purveyors of cocaine, "crack" cocaine, heroin
and
13 a whole host of other drugs are such predators.
14 However, I sincerely hope that in
15 our addressing this issue today, we will
remember
16 that there's a whole group of other people who
17 are incarcerated as a result of the Rockefeller
18 Drug Law and that they are doing hard time and
19 that those people who were arrested under the
20 Rockefeller Drug Law, to my knowledge, from the
21 information I received over the years, did not
22 have the kind of inclination as these we are
23 talking about today in terms of the weight --
and
24 I'm talking about the weight of the drugs -- or
25 the intensity of the violence that was attached
3227
1 to their drug trafficking.
2 I think if we're going to address
3 this issue and make sure that these persons who
4 are predators of drugs are taken care of in this
5 manner, we should also be responsible enough to
6 address the fact that those incarcerated still
7 under the Rockefeller Drug Law, in my opinion,
8 are being overly punished and held far too long.
9 If we need space in our prison, it
10 seems to me that we ought to do the right thing
11 and we ought to retrofit those laws because if
we
12 were to do so, those people who have served far
13 beyond what would be an acceptable, in my
14 opinion, penalty for the crime committed would
15 leave tomorrow from the prisons and we would
have
16 all the space that we need for those who are the
17 violent predators that you're speaking to in
what
18 you proposed to us today, Senator Goodman.
19 I will support your measure. I
20 sincerely hope that someone in this chamber will
21 hear with a sensitive ear what I have shared
with
22 the Rockefeller Drug Law.
23 And I thank you and I thank you,
24 Mr. President.
25 ACTING PRESIDENT KUHL: Senator
3228
1 Dollinger.
2 SENATOR DOLLINGER: Thank you, Mr.
3 President.
4 Will Senator Goodman yield to a
5 couple of questions?
6 SENATOR GOODMAN: I will, Senator.
7 ACTING PRESIDENT KUHL: The
8 Senator yields.
9 SENATOR DOLLINGER: Senator, I -
10 the first thing I want to make sure I understand
11 is this is part of the Sentencing Reform Act of
12 1995, is that correct?
13 SENATOR GOODMAN: That's correct.
14 SENATOR DOLLINGER: Do you know
15 how long the Senate deliberated on that bill
back
16 in 1995?
17 SENATOR GOODMAN: I -- I can tell
18 you the date on which it was adopted. It was in
19 April on that year, and I believe it was on the
20 -- I'll tell you in just a moment exactly when
21 it is, not that it's relevant to your question,
22 but it happened to have been on April the 6th of
23 that year, I believe. It was not a multiple of
24 days. Therefore, I can only assume that the
25 deliberations confined themselves to one working
3229
1 day.
2 SENATOR DOLLINGER: In fact, that
3 was the first day the bill had been printed.
4 Actually it was the 2nd of June -
5 SENATOR GOODMAN: Excuse me. It
6 was on June -- may I correct myself. I see that
7 it was on June 10th, 1995. The reference to
8 April refers to another matter, and I apologize.
9 SENATOR DOLLINGER: Is June 10th,
10 Senator Goodman, the day that the bill was
11 actually signed by Governor Pataki?
12 SENATOR GOODMAN: It was the date
13 that it was enacted.
14 SENATOR DOLLINGER: So it was
15 actually -- that was the date it was actually
16 signed and enacted into law with his signature.
17 SENATOR GOODMAN: Yes. That's my
18 understanding.
19 SENATOR DOLLINGER: Do you know
20 what day it was introduced in the Senate?
21 SENATOR GOODMAN: I do not.
22 SENATOR DOLLINGER: Do you know
23 what day it passed the Senate?
24 SENATOR GOODMAN: I do not.
25 SENATOR DOLLINGER: Okay. Just
3230
1 for the record, Senator -- and this relates -
2 I'll tie this back in a second. This bill was
3 introduced on June 2nd and it was referred to
the
4 Finance Committee on June 2nd. It was reported
5 and committed to the Rules Committee on June
6 2nd. It was ordered to third reading on the
7 calendar on June 2nd. It was given a message of
8 necessity on June 2nd and it passed the Senate
on
9 June 2nd. We deliberated for all of, oh, what,
10 20 minutes, 15 minutes, 10 minutes? Pick a time
11 that on June 2nd that we actually sat down and
12 worked on this bill.
13 The reason why I ask that
14 question, Senator Goodman, is would you describe
15 this bill as a mistake, this provision as a
16 mistake?
17 SENATOR GOODMAN: Would I describe
18 the provision that relates to the A-1 and A-2
19 felons as a mistake?
20 SENATOR DOLLINGER: That allows
21 the deportation of felons who are convicted of
22 drug offenses, would you describe that as a
23 mistake?
24 SENATOR GOODMAN: I think the best
25 testimony on that comes from the Governor's own
3231
1 drug enforcement top official who, if I may
quote
2 her, described it in the following terms. It
was
3 described in an article on April 10th, 1998 in
4 the New York Times as having reservations about
5 the program.
6 SENATOR DOLLINGER: Okay.
7 SENATOR GOODMAN: And that she
8 suggested that its rules were too lax and, as
9 I've explained to you, the Senate's ever
watchful
10 watch dog committee, the Senate Investigations
11 Committee, held a hearing in which it received
12 testimony that was eloquent in indicating that
13 the A-1 and A-2 felons were being recycled back
14 into our society after leaving the country on a
15 theory that presumably opened up more prison
16 space but, in fact, caused the return of these
17 people on a premature and dangerous basis.
18 SENATOR DOLLINGER: Right. In
19 fact -- again through you, Mr. President. In
20 fact, you said earlier in response to Senator
21 Waldon's questions that four felons who had been
22 deported had come back to the United States and
23 had been rearrested, isn't that correct?
24 SENATOR GOODMAN: I think I
25 understand the direction in which you're
heading,
3232
1 Senator, and I don't know how long you propose
to
2 attenuate the woodshed that you're attempting to
3 take certain officials on the second floor into,
4 but I suppose you cough it up quickly. Let's
5 have it out and we don't have to use -
6 SENATOR DOLLINGER: I'll put it
7 right out on the table. Wasn't this a mistake,
8 Senator Goodman, to allow convicted felons, who
9 happened to be foreign nationals, to go to
prison
10 for a minimal amount of time and then get
11 deported back to their own country only so that
12 they could come back and prey on our streets
13 again? Wouldn't you classify that as not only a
14 mistake but a colossal mistake?
15 SENATOR GOODMAN: If we were all
16 gifted with a crystal ball into which we could
17 gaze and perceive the consequences of all our
18 actions, what a better world this would be,
19 Senator.
20 The fact is that this was
21 conceived with a very admirable purpose which
was
22 to make room for the more serious felons in our
23 society to be incarcerated by releasing those
24 perceived to be less serious felons. In doing
25 that, it was designated that those who had not
3233
1 been involved in violent drug offenses but less
2 serious felons, but with the gift of 20/20
3 hindsight, it was perceived by various people
4 whom I've quoted this afternoon as having been
5 something which should not have been allowed to
6 happen and, therefore, the Governor himself has
7 strongly recommended in this program bill the
8 sealing up of this error so that people could
not
9 return to society. In my opinion, that
10 represents enlightened leadership to acknowledge
11 when a legislative program has had unintended
12 consequences that it needs to be repaired and
13 this is repair work if you choose to call it
14 that.
15 SENATOR DOLLINGER: Mr. President,
16 Senator Goodman is always eloquent to the point.
17 He provides the justification that I'm sure the
18 second floor would offer if that state Senator
19 who sat across the way was sitting here today
20 would have offered. I commend Senator Goodman
21 for his eloquence in making that statement.
22 I'd just point out to everybody in
23 the chamber that this is an idea that we tried.
24 It has turned out, to my judgment, to be a
25 colossal mistake, putting aside for a moment the
3234
1 question of whether it can be manipulated by
2 outside forces but that's not what's at issue
3 here, but the notion that somehow we create a
4 two-tiered system of justice -- we get an
5 American who lives in New York State arrested
6 with 12 pounds of cocaine and we get a foreign
7 national arrested with 12 pounds of cocaine and
8 we want to be tough on crime. We're real tough
9 on our own and we're real lenient on our
imported
10 friends.
11 So what we've done is we've
12 basically put a sign out on the marketplace that
13 says, if you want to do a little time for drug
14 dealing, come to New York State and commit a
15 serious drug offense and what we'll do is we'll
16 simply give you a plane ticket back to your
17 homeland. We won't punish you as severely as we
18 punish our own.
19 The reason, Senator Goodman, why I
20 mentioned the reference to how long we
21 deliberated on this bill is that, yes, indeed, I
22 voted for this bill. We never considered the
23 issue of the deportation of felons. We never
24 considered it in detail.
25 As long as we continue to do
3235
1 complicated bills like the Sentencing Reform Act
2 of 1995 and we did it without public hearings in
3 1995 -- which is what we should have done back
4 then, if we had looked at this issue in greater
5 detail at the time, we might have had a
different
6 result and we might have spared ourselves the
7 newspaper headlines that somehow suggest
8 anybody's letting drug kingpins out.
9 I agree with this bill, Senator
10 Goodman. I'm going to vote for it, but the
11 notion that we've ever seen a headline in this
12 state that says we're letting the worst of the
13 worst, the real merchants, the guys who are
14 making the big money, that we're letting them go
15 back to their land of origin, touch base there
16 and then take a plane ticket back and re-enter
17 this country illegally so they can make a
fortune
18 while driving our children to drugs and our
costs
19 for drug treatment to the ceiling, that just
20 doesn't make good public policy.
21 I wish we had looked at this in
22 greater detail back then. I'll leave to another
23 day the issue of who may be responsible for
that,
24 but I'm going to support this bill. I think
it's
25 the right thing to do.
3236
1 I would only close the loop hole
2 completely, Senator. I would simply say that we
3 put out a message in the international
4 marketplace that is as follows: Whether you're
5 charged with an A-1 offense, an A-2 offense or
6 any offense, we will treat you in New York the
7 same way we treat our own. If we harshly punish
8 our own who deal in drugs, we'll treat you no
9 matter whether you come from Korea, Israel,
10 Nigeria, any place on the planet, we're going to
11 treat you the same way we treat our own. That
12 would be tough on crime for everyone and it
would
13 put real teeth into the notion that you can't
14 come to New York State and deal drugs.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 3. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 59.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 The Secretary will continue to
3237
1 read the -- Senator Montgomery, why do you rise?
2 SENATOR MONTGOMERY: Mr.
3 President, I would like unanimous consent to be
4 recorded in the negative on Calendar Number 413.
5 ACTING PRESIDENT KUHL: Without
6 objection.
7 SENATOR MONTGOMERY: Thank you.
8 ACTING PRESIDENT KUHL: Hearing no
9 objection, Senator Montgomery will be recorded
in
10 the negative on Calendar Number 413.
11 The Secretary will continue to
12 read the controversial calendar.
13 THE SECRETARY: Calendar Number
14 675, by Senator Marcellino, Senate Print 2248,
an
15 act to amend the Executive Law, in relation to
16 prohibiting parole.
17 SENATOR PATERSON: Explanation.
18 SENATOR WALDON: Explanation,
19 please.
20 ACTING PRESIDENT KUHL: Senator
21 Marcellino, an explanation has been asked by two
22 Senators, Senator -- excuse me -- Senator
23 Paterson, also Senator Waldon, on Calendar
Number
24 675.
25 SENATOR MARCELLINO: Thank you,
3238
1 Mr. President.
2 I'm honored to rise on the
3 birthday of my colleague, Senator Balboni, and
to
4 give an explanation of this very important bill.
5 Quite succinctly, this bill seeks
6 to amend the Penal Law to prohibit parole for
7 inmates convicted of -- or those persons
8 convicted of homicide or sexual offenses.
9 ACTING PRESIDENT KUHL: Senator
10 Waldon.
11 SENATOR WALDON: Thank you, Mr.
12 President.
13 Would the gentleman yield to a
14 question or two?
15 ACTING PRESIDENT KUHL: Senator
16 Marcellino, do you yield?
17 SENATOR MARCELLINO: Yes, Mr.
18 President.
19 ACTING PRESIDENT KUHL: The
20 Senator yields.
21 SENATOR WALDON: Senator
22 Marcellino, is there ever a time under your
23 proposal where extenuating circumstances or an
24 extenuating circumstance would allow a variance
25 from no parole ever, ever to the possibility of
3239
1 parole at the discretion of the parole
2 commission, or is it never, never?
3 SENATOR MARCELLINO: Mr.
4 President, through you. It's my belief that
5 people who are convicted of violent crimes as
6 defined by the Penal Law in this case, which
7 would include criminally negligent homicide,
8 vehicular manslaughter first and second degrees,
9 manslaughter first and second degrees, murder
10 first and second degrees, abortion first and
11 second degrees, self-abortion first and second
12 degrees; in the sexual offenses, sexual
13 misconduct, rape first, second and third
degrees,
14 consensual sodomy, sodomy first, second and
third
15 degrees and sexual abuse first, second and third
16 degree, aggravated sexual abuse first and second
17 degree and, of course, sexual conduct against a
18 child first and second degree and the answer is
19 never, never, never. Leave them there.
20 ACTING PRESIDENT KUHL: Senator
21 Waldon.
22 SENATOR WALDON: Would the
23 gentleman yield to another question?
24 SENATOR MARCELLINO: Yes, sir.
25 ACTING PRESIDENT KUHL: The
3240
1 Senator continues to yield.
2 SENATOR WALDON: Senator
3 Marcellino, under Jenna's Law, proposal -- it's
4 not law yet, so I apologize for that
5 mischaracterization. Under the proposal in
6 regard to Jenna's Law, the Governor feels that
we
7 could allow people to be on parole after they've
8 served their six-sevenths of the time allocated
9 that they must serve under that law. That's a
10 very specific bill, a very important bill. We
11 will consider it in the not too distant future,
I
12 hope. It is one which will address a whole host
13 of issues which require addressing.
14 Under that bill proposed -- I
15 should say bill -- we will have parole. That
16 doesn't cause any sobering thought for yourself
17 in regard to the proposal that you're bringing
18 before us today?
19 SENATOR MARCELLINO: No. I think
20 Governor Pataki has been a fine Governor, has
led
21 this state well. Hopefully will be re-elected
22 come this November and we will all join him in
23 that re-election and we'll support him as usual.
24 In this case, this bill stands on
25 its own merits, and I believe that for the
crimes
3241
1 defined in the law as this bill mentions, that
2 those who are involved in this kind of crime do
3 not deserve parole. They should, in fact, serve
4 their full sentence. They are the most
5 repetitive type of criminal. They are the ones
6 who keep coming back and repeat and repeat and
7 re-repeat, in other words, recidivists of the
8 highest order. Our society has been too long -
9 too long at risk with these predators. They do
10 not belong on our streets. They have proven
11 themselves many times to be the kind of people,
12 the kind of individuals who don't deserve
13 parole. They deserve to be put away and to
serve
14 their time.
15 SENATOR WALDON: Mr. President.
16 ACTING PRESIDENT KUHL: Senator
17 Waldon.
18 SENATOR WALDON: Let me thank
19 Senator Marcellino and let me apologize -- and
on
20 the bill, Mr. President.
21 Thank you, Senator.
22 ACTING PRESIDENT KUHL: Senator
23 Waldon on the will.
24 SENATOR WALDON: I made a
25 misstatement. It's post-release supervision
3242
1 under Jenna's Law and not parole. So I
apologize
2 for that, but the gist of what I was attempting
3 to get out was the same.
4 Senator Marcellino, I'm sure that
5 you really believe what you propose here today.
6 I have not the slightest doubt that you totally
7 support this concept and that this is something
8 which you are very certain about in terms of its
9 importance and the philosophy of it, but I must
10 respectfully disagree with you.
11 I do not believe there is any
12 proposal that we should make or any human
13 experience that is always forever, never, ever
an
14 opportunity for a deviation from that proposal.
15 I think that when someone has
16 committed even the violent crimes that you've
17 talked about, somewhere in the universe in the
18 future, someone will have a mitigating
19 circumstance or a reason for the judge and the
20 jury to look at that person differently than all
21 the others who precede before them under similar
22 circumstances, and I just think we have to leave
23 a safety valve for that person, for that
24 situation to be treated differently, and for
that
25 reason I cannot support your proposal.
3243
1 I encourage my colleagues to
2 consider that and to think that there is an
3 exception to every rule and would join me in
4 voting no on this issue.
5 Thank you very much, Mr.
6 President. Thank you, Senator Marcellino.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the last section.
9 Senator Paterson, why do you
10 rise?
11 SENATOR PATERSON: Mr. President,
12 if the sponsor would yield for a question.
13 ACTING PRESIDENT KUHL: Senator
14 Marcellino, do you yield to a question from
15 Senator Paterson?
16 SENATOR MARCELLINO: Yes, Mr.
17 President. I do.
18 ACTING PRESIDENT KUHL: The
19 Senator yields.
20 SENATOR PATERSON: Thank you,
21 Senator Marcellino.
22 Senator, how does this bill
23 differ, if it does, from Jenna's Law that we
24 passed?
25 SENATOR MARCELLINO: Senator, I
3244
1 quite frankly could not give you that answer in
2 detail. I do not have the expertise to do that.
3 SENATOR PATERSON: Thank you, Mr.
4 President.
5 If the sponsor would yield. The
6 reason I'm asking the question is I'm just a
7 little concerned that I don't see in this -- in
8 this particular bill any provision for
9 supervision or any interaction between the
10 released inmate and any kind of authority after
11 the time that the sentence has elapsed, and so
12 while we might make sentences longer for
felonies
13 and obviously rather heinous crimes, I'm
14 wondering if Senator Marcellino would comment on
15 what should be the relationship after the
16 sentence is served even if the sentence is
17 longer? Should there be any interaction with
any
18 kind of authority?
19 SENATOR MARCELLINO: Mr.
20 President, through you, it is not my
21 understanding that this bill extends a specific
22 sentence. It simply says that if you are
23 convicted of a -- one of the violent crimes
24 listed in the bill, that you are not able to get
25 parole. You will not be granted parole. It
3245
1 doesn't, in effect, lengthen the period of time
2 you are sentenced. I understand the sentences
in
3 some cases allow for parole after a period of
4 time, but the sentence has a finite limit to it,
5 in which that case that person who's convicted
of
6 murder in the first degree, that is,
premeditated
7 murder, will serve whatever time frame is given
8 to them without the possibility of parole. I
9 have no problem with that, Senator. I have
10 absolutely no problem with that.
11 ACTING PRESIDENT KUHL: Senator
12 Paterson.
13 SENATOR PATERSON: Mr. President,
14 I understand what the prescription of the
15 sentence is and that the individual that was
16 sentenced would serve the full length of the
17 sentence. I understand that the bill does that,
18 but there are really two applications of parole.
19 One is to allow for a shortened
20 sentence, and I think in the discussion between
21 Senator Waldon and Senator Marcellino, Senator
22 Marcellino made very clear why he wants the
23 sentence served. I don't agree with it, but
what
24 I'm relaying here is the other, the kind of part
25 of the bifurcated parole system which is in some
3246
1 way to recognize that just because someone has
2 served the length of their sentence, it does not
3 mean necessarily that they are rehabilitated
and,
4 therefore, the state through the parole system
5 eschews the states really maintains the option
of
6 making the individual who's out on parole
respond
7 with parole officers or counseling or some kind
8 of interaction with some authority to get an
idea
9 as to what this individual may be doing when
they
10 get out. These prisoners serve long sentences.
11 They are sometimes estranged from their
12 families. They don't have any roots in the
13 community. They can't exactly just get out and
14 walk right into a meaningful job and so in those
15 cases where there is recidivism, what the parole
16 system has traditionally accomplished is to in a
17 sense sound an alarm to law enforcement that
this
18 individual may well be back at whatever activity
19 got them in prison in the first place or some
20 other anti-social activity.
21 So my question to Senator
22 Marcellino is, does this bill prescribe any
23 supervision at the end of the sentence that's
24 served?
25 SENATOR MARCELLINO: I don't
3247
1 believe in prescribes any supervision at the end
2 of the sentence, nor does it deny them any
3 supervision at the end of the sentence, to my
4 knowledge.
5 ACTING PRESIDENT KUHL: Senator
6 Paterson.
7 SENATOR PATERSON: Thank you, Mr.
8 President.
9 On the bill.
10 ACTING PRESIDENT KUHL: Senator
11 Paterson on the bill.
12 SENATOR PATERSON: Based on
13 Senator Marcellino's answer, I really have a
14 strong difficulty voting for this bill and
15 interestingly enough it is on the issue of that
16 second situation where what the parole system
17 really was originally designed to do was to make
18 the sentence that is actually issued longer than
19 the time that would generally be served. In
20 other words, the prescribed sentence would
21 actually be longer than the time we want the
22 person to be incarcerated as a society so that
as
23 a society by giving back some of that time we
now
24 maintain the option of supervision over the
25 released person.
3248
1 Now, this piece of legislation may
2 not necessarily deny supervision at the end of
3 the sentence but once you come to the end of the
4 sentence, whatever length it is, that's the end
5 of the sentence. That's the end of the time
6 period that society can maintain some kind of
7 dominion over the activities of the inmate but
8 now that that time is served, that inmate is
free
9 to go out and who knows where they are.
10 So what I'm just saying is if you
11 really take a good look at what the sentencing
12 guidelines are and what the sentencing system
was
13 designed to do, the way to perhaps maintain
14 individuals for a longer period of time if we
15 feel that their crimes are that serious is to
16 just lengthen the sentence.
17 As long as we are letting the
18 individual out at the end of the sentence
without
19 supervision, I would suspect that we may be
20 making the kind of mistake that we made on June
21 2nd, 1995, what Senator Dollinger referred to
22 when the Senate voted to pass the Governor's -
23 the Governor's Sentencing Reform Act which
really
24 allowed individuals, while we remove them from a
25 certain area, we really put them in the position
3249
1 to be unsupervised, in many respects unguided.
2 And so what I think is happening
3 here is at the end of the sentence, we're going
4 to look at a situation where people just walk
out
5 of prison and presumably not out to any
6 meaningful activity but right back out onto the
7 streets.
8 What I would have -- would
9 recommend is that we still maintain some margin,
10 even if Senator Marcellino would like to shorten
11 that margin, some margin where the state does
not
12 eschew its opportunity to maintain some control
13 in these types of situations or we may be right
14 back here in a couple of years unfortunately
15 looking at the situations where those who didn't
16 have any kind of meaningful exit or exit
17 relationship with a parole authority may have
18 gone right back out and committed the same
crimes
19 for which they were in prison in the first
place.
20 ACTING PRESIDENT KUHL: Senator
21 Montgomery.
22 SENATOR MONTGOMERY: Yes, Mr.
23 President. Just briefly on the bill.
24 ACTING PRESIDENT KUHL: Senator
25 Montgomery on the bill.
3250
1 SENATOR MONTGOMERY: I want to
2 remind my colleagues that we have a situation
3 here that is specifically related to women in
4 prison and it is that many of those women who
are
5 incarcerated for serious crimes, even murder,
6 have committed that -- even though it's a most
7 heinous crime and we certainly cannot agree with
8 it, most of them have committed that crime in
9 relationship to a very long and extensive
10 experience with domestic violence and it is very
11 often their response as a means of protecting
12 themselves or in the least resolving a situation
13 that they have found untenable.
14 So these are crimes of passion,
15 certainly. Many of them are serving very long
16 sentences and certainly it is never anticipated
17 that they will commit a crime like that again.
18 So that what we have is -- with this
legislation,
19 we would, in fact, be making it absolutely
20 impossible for there to be any kind of mediated
21 time spent in prison based on an opportunity for
22 parole.
23 So I am going to oppose this
24 concept because I think it would -- particularly
25 and specifically in the instance where women are
3251
1 involved and we now have -- women make up the
2 fastest growing new inmate population in our
3 state and in the nation and we also know that
4 domestic violence has become a very major
problem
5 as it relates to the murder of women but
6 certainly as it also relates to the reason why
7 many women find themselves in prison and this
8 does not give us any opportunity to work with
9 those women, to provide an opportunity for us to
10 have them released early. Many of them will
11 never see their children grow up. When they
come
12 out, their children will be adults, if they go
in
13 when the children are young and there's no way -
14 there's no way to mitigate that -- that kind of
15 sentence.
16 So, Senator Marcellino, I
17 understand what you -- what your intentions are,
18 but I feel that I absolutely must stand up for
19 the possibility of the state having some
20 mitigating action available to it as it relates
21 to people who really will definitely not by any
22 stretch of the imagination commit another crime
23 and who can be rehabilitated and certainly we
24 would want them to re-enter society perhaps
25 without necessarily spending many, many years
3252
1 without having the option of parole.
2 So I'm going to oppose the bill.
3 ACTING PRESIDENT KUHL: The
4 Secretary will read the last section.
5 THE SECRETARY: Section 3. This
6 act shall take effect on the first day of
7 September.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT KUHL: Record the
12 negatives and announce the results.
13 THE SECRETARY: Those recorded in
14 the negative on Calendar Number 765 are Senators
15 Leichter, Montgomery and Paterson. Ayes 57,
nays
16 -- also Senator Waldon. Ayes 56, nays 4.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 Senator Santiago, why do you
20 rise?
21 SENATOR SANTIAGO: I request
22 unanimous consent to be recorded in the negative
23 on Calendar Number 815, please.
24 ACTING PRESIDENT KUHL: Without
25 objection, hearing no objection, Senator
Santiago
3253
1 will be recorded in the negative on Calendar
2 Number 815.
3 The Secretary will continue to
4 read the controversial calendar.
5 THE SECRETARY: Calendar Number
6 679, by Senator Nozzolio, Senate Print 5182, an
7 act to repeal Subdivision 9 of Section 500 (b)
of
8 the Correction Law.
9 ACTING PRESIDENT KUHL: Senator
10 Nozzolio, an explanation of Calendar Number 679
11 has been requested by Senator Waldon.
12 SENATOR NOZZOLIO: Thank you, Mr.
13 President.
14 This measure repeals the
15 requirement that local correctional facilities
16 submit duplicative and unnecessary reports
17 regarding the housing of prisoners every four
18 months to the state Commission of Corrections.
19 ACTING PRESIDENT KUHL: Senator
20 Waldon.
21 SENATOR WALDON: Would the
22 gentleman yield to a question or two?
23 ACTING PRESIDENT KUHL: Senator
24 Nozzolio, do you yield to a question?
25 SENATOR NOZZOLIO: Yes, Mr.
3254
1 President.
2 ACTING PRESIDENT KUHL: The
3 Senator yields.
4 SENATOR WALDON: Senator -- thank
5 you, Mr. President.
6 Senator, I'm just trying to make
7 sure I'm on the same page as you on this. The
8 reports that we're talking about in this
proposal
9 that will no longer be required, they don't
speak
10 to incidents, correct? They're just talking to
11 the number of prisoners in a facility which is
an
12 automatic situation done by computers?
13 SENATOR NOZZOLIO: That's correct,
14 Mr. President.
15 SENATOR WALDON: So the quarterly
16 reports -- if I may continue, Mr. President. Is
17 it true then that the quarterly reports would
18 just be a more comprehensive assimilation of the
19 material that's been received in the previous
20 four months?
21 SENATOR NOZZOLIO: For example -
22 SENATOR WALDON: Or three months.
23 SENATOR NOZZOLIO: Mr. President,
24 to answer Senator Waldon's question, local
25 correctional facilities currently report
3255
1 population to the Commission, as Senator Waldon
2 said, on a daily basis and then the Commission's
3 daily population system -- population reporting
4 system is on-line with all facilities, so that -
5 and then incidents are reported to the
Commission
6 within 24 hours. So it's not just as Senator
7 Waldon asked, daily population figures but also
8 incident reports. It must be filed within a
9 24-hour period. That's the type of information
10 that's there. To establish another quarterly
11 report is just duplicative of that information
12 that's already on-line.
13 SENATOR WALDON: All right. Thank
14 you, Mr. President. Thank you, Senator.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT KUHL: Record the
23 negatives. Announce the results.
24 THE SECRETARY: Ayes 59, nays 1.
25 Senator Montgomery recorded in the -- also
3256
1 Senator Leichter. Ayes 58, nays 2.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 Senator Fuschillo, that completes
5 the reading of the controversial calendar.
6 SENATOR FUSCHILLO: Mr. President,
7 is there any housekeeping at the desk?
8 ACTING PRESIDENT KUHL: Yes, there
9 is. We'll return to the order of motions and
10 resolutions.
11 The Chair recognizes Senator
12 Farley.
13 SENATOR FARLEY: Thank you, Mr.
14 President.
15 Would you please place a sponsor's
16 star on my bill, S.3755-A, Calendar Number 501
17 and also, Mr. President, on behalf of Senator
18 Saland, I wish to call up his bill, 5961, which
19 was recalled from the Assembly which is now at
20 the desk.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 390, by Senator Saland, Senate Print 5961, an
act
25 to authorize the payment.
3257
1 SENATOR FARLEY: I now move to
2 reconsider the vote by which this passed.
3 ACTING PRESIDENT KUHL: The motion
4 is to reconsider the vote by which the bill pass
5 the house.
6 The Secretary will call the roll
7 on reconsideration.
8 (The Secretary called the roll on
9 reconsideration.)
10 THE SECRETARY: Ayes 60.
11 ACTING PRESIDENT KUHL: Senator
12 Farley.
13 SENATOR FARLEY: I now offer the
14 following amendments.
15 ACTING PRESIDENT KUHL: The
16 amendments are received and adopted.
17 Senator Farley.
18 SENATOR FARLEY: On behalf of
19 Senator Skelos, I wish to offer the following
20 amendments on page 24, Calendar 568, to Senate
21 Print 4115, and I ask that that bill retain its
22 place on the Third Reading Calendar.
23 ACTING PRESIDENT KUHL: The
24 amendments to Calendar Number 568 are received
25 and adopted. The bill will retain its place on
3258
1 the Third Reading Calendar.
2 Senator Fuschillo.
3 SENATOR FUSCHILLO: Mr. President,
4 the Chair recognizes Senator Volker.
5 ACTING PRESIDENT KUHL: Senator
6 Volker.
7 SENATOR VOLKER: Mr. President,
8 tomorrow morning at 8:00 o'clock the annual
9 legislative memorial service for deceased
members
10 of the Legislature of both the Senate and the
11 Assembly will be held at the usual place at St.
12 Mary's Church and afterwards we will have the
13 usual breakfast at the Albany Room. Since we
had
14 two deceased members of this body in the last
15 year who were active members, we have also, in
16 fact, asked members of the family if they so
17 desire to be here and we expect at least one of
18 the members of the family to be here. I just
19 wanted to tell everybody that. So 8:00 o'clock
20 tomorrow at St. Mary's. We're going to have the
21 same services we've had in the past, the
22 interfaith service. So we would like to have as
23 many members there as possible.
24 Thank you.
25 ACTING PRESIDENT KUHL: Thank you
3259
1 for that announcement, Senator Volker.
2 Senator Fuschillo, did you wish
3 the Chair to make the announcement?
4 SENATOR FUSCHILLO: Yes, I do.
5 ACTING PRESIDENT KUHL: Okay. For
6 the benefit of the members, this is a momentous
7 day in all of our lives because one of our
8 members, one of the new members to the chamber,
9 Senator Michael Balboni, is celebrating his 39th
10 birthday and, Senator, we welcome you. Once
11 again, we congratulate you on your birthday and
12 we are most pleased that you took this occasion
13 to invite your lovely wife Stephanie to the
14 chamber.
15 So welcome Stephanie and happy
16 birthday, Senator. (Applause)
17 Senator Fuschillo.
18 SENATOR FUSCHILLO: There being no
19 further business, I move we adjourn until
20 Wednesday, May 13th, at 11:00 a.m.
21 ACTING PRESIDENT KUHL: Without
22 objection, the Senate stands adjourned until
23 tomorrow, Wednesday, May 13th, at 11:00 a.m.
24 (Whereupon, at 5:00 p.m., the
25 Senate adjourned.)