Regular Session - May 10, 1999
2741
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 10, 1999
3:06 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
2742
P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order. I ask everyone present to
please rise and recite with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: The invocation
today will be given by Reverend Peter G. Young
from Blessed Sacrament Church in Bolton
Landing.
REVEREND YOUNG: Let us pray.
Dear God, as we hear of the many difficulties
as Littleton, Colorado and Oklahoma and
Kosovo, we call upon all of our Senate members
to pray for those that are suffering. We pray
too for those that are in this great State
that they might be able to be supportive to
those that are in need and pray that we will
be responsive to their positive opportunity of
help.
We ask You this now and forever.
Amen.
THE PRESIDENT: Reading of the
Journal.
2743
THE SECRETARY: In Senate,
Sunday, May 9th, Senate met pursuant to
adjournment. The Journal of Saturday, May 8th
was read and approved. On motion, Senate
adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Madam President, I
move that the following bills be discharged
from their respective committees and be
recommitted with instructions to strike the
enacting clause: Senate 639-A on behalf of
Senator Nozzolio.
THE PRESIDENT: So ordered.
SENATOR McGEE: Madam President,
2744
amendments are offered to the following Third
Reading Calendar bills: On behalf of myself,
page 38, Calendar Number 312, Senate Print
3016; on behalf of Senator Nozzolio, page 34,
Calendar Number 153, Senate Print 1029.
On behalf of Senator Bonacic, page
36, Calendar Number 261, Senate Print 2324-B.
On behalf of Senator Kuhl, page 45,
Calendar Number 494, Senate Prints 3086-A.
On behalf of Senator Marcellino,
page number 68, Calendar Number 795, Senate
Print 1326-A.
THE PRESIDENT: The amendments
are received and the bills will retain their
place on Third Reading Calendar.
SENATOR McGEE: Thank you, very
much, Madam President.
THE PRESIDENT: You are welcome.
Senator Skelos, we have some substitutions.
SENATOR SKELOS: I believe there
are some substitutions, if we could make them
at this time, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 57,
2745
Senator Hannon, moves to discharge from the
Committee on Racing, Gaming and Wagering,
Assembly Bill 7549-A, and substitute it for
the identical Third Reading 677.
On page 6, Senator Rath moves to
discharge from the Committee on Higher
Education, Assembly Bill 4223, and substitute
it for the identical First Report 1054
THE PRESIDENT: The substitutions
are ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up the non-controversial
calendar at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
137, by Senator DeFrancisco, Senate Print
1153-A, an act to amend the Parks, Recreation
and Historic Preservations Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
September.
2746
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 46.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
514, by Senator Seward, Senate Print 4072, an
act to amend the Town Law, in relation to
permitting.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect -
SENATOR DOLLINGER: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
557, by Senator Stavisky, Senate Print 3299,
an act to amend the Penal Law, in relation to
penalties.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. This
act shall take effect on the first day of
November.
2747
THE PRESIDENT: Call the roll
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
576, by Senator Nozzolio, Senate Print 3773,
an act to amend the Correction Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
577, by Senator Nozzolio, Senate Print 3775 -
SENATOR DUANE: Lay it aside,
please
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
580, by Senator Nozzolio, Senate Print 3782,
2748
an act to repeal Subdivision 9 of Section
500-B.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 46, nays 1.
Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
631, by Senator Seward, Senate Print 4051, an
act to amend the County Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.).
THE SECRETARY: Ayes 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
2749
664, by Senator DeFrancisco, Senate Print
4416-A, an act to amend the Parks Recreation
and Historic Preservation Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 9. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.).
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: Finish the roll
call.
THE PRESIDENT: The Secretary
will continue to read.
THE SECRETARY: Ayes 47.
THE PRESIDENT: The bill is
passed. Senator Velella.
SENATOR VELELLA: Madam
President, here will be an immediate meeting
of the Finance Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
The Secretary will read.
2750
THE SECRETARY: Calendar Number
677, by Member of the Assembly Member Matusow,
Assembly Print 6831, an act to amend the
Education Law, in relation to the issuance.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.).
THE SECRETARY: Ayes 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
679, by Senator Seward, Senate Print 4304, an
act to amend the Education Law, in relation to
license requirements.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 49.
THE PRESIDENT: The bill is
2751
passed.
THE SECRETARY: Calendar Number
683, by Senator Saland, Senate Print 3362, an
act to amend the Not-for-Profit Cooperation
Law.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 49.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
712, by Senator Fuschillo, Senate Print 1090,
an act to authorize the Amityville Apostolic
Overcoming Holy Church of God to file an
application.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.).
2752
THE SECRETARY: Ayes -
THE PRESIDENT: Senator Dollinger
to explain your vote.
SENATOR DOLLINGER: Thank you,
Madam President.
THE PRESIDENT: You are welcome.
SENATOR DOLLINGER: I just
reiterate, I will vote against 712, 714, 716,
718 and 719, all of these bills -- and I
believe 725 as well. All these bills
obviously worthy entities that would qualify
for property tax exemption because of their
charitable not-for-profit status. I do
believe we need a major solution to this
problem from my colleagues from Nassau County
and elsewhere in the State, and I would
continue to urge the Nassau delegation and
others who are concerned about this notion of
not-for-profit agencies qualifying for partial
tax exemption, lets do a complete bill that
will give assessors the ability to do this on
a case by case basis.
I voted against this purely as a
matter of protest. I have done it before. I
will continue to do it. My colleague, Senator
2753
Cook, used to join me in this but I still
think it is the right thing to do to send a
message. Lets solve the problem. Take
politics out of individual applications. I
know it is a great constituent boost.
Constituents come to you. They are members of
a church. It is a wonderful thing to do. You
get lots of praise for doing it. But the
thing to do is to solve the problem and I
would urge my colleagues, bring forth a bill
that provides a systemic solution to this
problem in Nassau County and elsewhere in this
State.
I will be voting no, Madam
President.
THE PRESIDENT: Senator
Dollinger, you will be so recorded as voting
in the negative.
The Secretary will announce the
results.
THE SECRETARY: Ayes 49, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
2754
714, by Senator Johnson, Senate Print 1134-A,
an act to authorize the Bibleway Missionary
Baptist Church, Inc., to file an application.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.).
THE SECRETARY: Ayes 50, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
716, by Senator Johnson, Senate Print 2852, an
act to authorize Touro College to file an
application.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50, nays 1.
Senator Dollinger recorded in the negative.
2755
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
718, by Senator Fuschillo, Senate Print 3807,
an act authorizing the assessor of the County
of Nassau to accept.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
719, by Senator Fuschillo, Senate Print 3879,
an act authorizing the assessor of the County
of Nassau.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
2756
(The Secretary called the roll.)
THE SECRETARY: Ayes 50, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
721, by Senator Trunzo, Senate Print 4078, an
act to amend the Town Law, in relation to the
dissolving and discontinuing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
722, by Senator McGee, Senate Print 4314, an
act to amend the Town Law, in relation to the
settlement of claims by certain towns.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
2757
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
725, by Senator Johnson, Senate Print 4443, an
act to authorize the Trinity Lutheran Church
to file an application.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
728, by Senator Larkin, Senate Print 4625, an
act to amend the General Municipal Law, in
relation to the establishment.
THE PRESIDENT: There is a home
2758
rule message at the desk. Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
738, by Member of the Assembly Weprin,
Assembly Print 4575, an act to amend the Civil
Practice Law and Rules.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
743, by Senator Wright, Senate Print 3163, an
act to amend the Criminal Procedure Law, in
2759
relation to authorizing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Duane, to
explain your vote.
SENATOR DUANE: Yes, thank you,
Madam President.
I am going to cast my vote in the
negative on this bill. Originally the
teleconferencing for court appearances was a
pilot project and we have not seen the results
of how the pilot has worked out in the places
where it is now permitted. Before we expand
the program I think we should see the results
of how well this particular program has worked
and that's why I am voting in the negative.
THE PRESIDENT: Senator Duane,
will be recorded as voting in the negative on
this bill.
The Secretary will announce the
results.
2760
THE SECRETARY: Ayes 50, nays 1.
Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
782, by Senator McGee, Senate Print 3309, an
act to amend the Tax Law, in relation to
extending.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50, nays 2.
Senators Dollinger and Gentile recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
819, by Senator DeFrancisco, Senate Print
2970-A, an act to amend the Insurance Law, in
relation to snowmobile liability insurance
rates.
THE PRESIDENT: Read the last
2761
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed. Senator Dollinger, why do you rise.
SENATOR DOLLINGER: Madam
President, I would ask for unanimous consent
to be recorded in the negative on Calendar
Number 722. I actually think I need to change
my vote. I was in discussions with Senator
Fuschillo and missed it. I apologize.
THE PRESIDENT: Without objection
you will be so recorded as voting in the
negative, Senator Dollinger.
SENATOR DOLLINGER: Thank you.
THE PRESIDENT: Senator Velella,
that completes the reading of the
non-controversial calendar.
SENATOR VELELLA: Madam
President, may we now move to the
controversial calendar.
THE PRESIDENT: The Secretary
2762
will read.
THE SECRETARY: Calendar Number
514, by Senator Seward, Senate Print 4072, an
act to amend the Town Law, in relation to
permitting.
SENATOR DOLLINGER: An
explanation, please.
THE PRESIDENT: Senator Velella,
an explanation has been requested.
SENATOR VELELLA: Madam
President, this is Senator Seward's bill, who
is not here today and I will do my best to try
and explain the bill.
Under the existing law right now,
towns are required to disclose the annual
accounting prior to January 20th of each year
unless they employ an accountant or a town
comptroller. This bill would extend to 60
days the benefit of deferring that report to
towns that do not employ an accountant or a
town comptroller and give them an equal
footing. It is an attempt to ease the local
municipal administration burden of hiring
either an accountant or having a town
comptroller put into place and puts them on an
2763
equal footing.
SENATOR DOLLINGER: The
explanation is satisfactory, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
577, by Senator Nozzolio, Senate Print 3775,
an act to amend the Executive Law, in relation
to personal interviews by the Board of Parole.
SENATOR DUANE: Explanation.
THE PRESIDENT: Senator Nozzolio,
an explanation has been requested.
SENATOR NOZZOLIO: Thank you,
Madam President.
My colleagues, this measure adds
the use of video teleconferencing as a method
of conducting such parole conference
interviews. It brings the Parole Board into
2764
the 21st Century by allowing them to, rather
than drive literally thousands of miles a
week, in all cases traveling throughout the
state and conducting the parole hearings, that
should there be a potential or an operative
potential for using teleconferencing that that
would be available as a tool under the law.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Madam President,
would the sponsor yield for a couple
questions.
THE PRESIDENT: Senator Nozzolio,
would you yield to a couple of questions?
SENATOR NOZZOLIO: Yes, Madam
President.
THE PRESIDENT: You may proceed
with a couple of questions, Senator Duane.
SENATOR DUANE: Thank you. At
the committee we discussed briefly the
possibility of allowing an inmate to request a
live hearing as opposed to having their
hearing through a teleconference because
sometimes the which personal interaction and
the nuances which can occur when people are
actually there in person as opposed to over
2765
teleconferencing system may make a difference,
and I was wondering whether or not the ability
of an inmate to request such a personal
appearance either for -- especially for the
first time if not each time had been looked
into.
SENATOR NOZZOLIO: Madam
President, would Senator Duane be so kind as
to put that in the form of a question. I
really didn't understand what he was asking.
SENATOR DUANE: The way the
legislation is now teleconferencing is not
something which could be not done. If a
incarcerated person wanted to actually make a
personal appearance in front of the Parole
Board there would be the no way for that to
happen now and I was wondering if the
possibility of the inmate having the option to
request a personal hearing before the Parole
Board, including and especially for their
first time before the Parole Board had been
looked into.
SENATOR NOZZOLIO: No, Senator
Duane, it has not. Further research found
that other entities like the United States
2766
Court of Appeals for the Second Circuit and
other parole entities in other states have
allowed -- in other jurisdictions, have
allowed video teleconferencing. This has -
we have no provisions in the current law for
appealing this process and frankly I think it
should be up to the Parole Board, not an
inmate.
Think of it this way. If an inmate
had this loophole in effect, then every single
teleconferencing parole hearing that is denied
would absolutely then be subjected to an
appeal because of this reason. So I think
that it would be negating the very aspects of
having this as a viable tool to be used for
parole reviews.
SENATOR DUANE: Madam President,
would the sponsor yield to a follow-up to his
response to my question?
THE PRESIDENT: Senator Nozzolio,
do you yield to a follow-up question?
SENATOR NOZZOLIO: Yes, Madam
President.
THE PRESIDENT: Do you have a
question, Senator Duane?
2767
SENATOR DUANE: Yes. I was
wondering whether or not the Second Circuit
though allows for the inmate to request a
personal appearance?
SENATOR NOZZOLIO: I'm not
certain, Senator.
SENATOR DUANE: I would be
interested to know that if that's the model to
see whether or not they do allow the inmate to
request a personal hearing.
And Madam President, I would like
to also add another concern in speaking on the
bill.
THE PRESIDENT: On the bill,
Senator Duane.
SENATOR DUANE: I'm going to vote
no.
While I think a compromise could be
that the inmate could request a personal
appearance before the Parole Board for all of
the nuances which could occur in such a
personnel appearance, I also think that it
puts the inmate at a disadvantage that if the
Parole Board didn't want to have the hearing
in person, that if the inmate requested an in
2768
person appearance it might weigh against them
because the Parole Board members might be
inconvenienced by it, and I think service on
the Parole Board should include actually
meeting with the inmate so they can get a feel
not just through words but in fact by the
interaction as to whether or not that inmate
deserves to be granted parole.
And because of that I'm going to
vote in the negative on this.
THE PRESIDENT: Senator Waldon.
SENATOR WALDON: Thank you, very
much, Madam President.
Would the gentlemen yield, Senator
Nozzolio?
THE PRESIDENT: Senator, would
you yield for a question?
SENATOR NOZZOLIO: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Waldon.
SENATOR WALDON: Thank you, very
much, Madam President.
Senator, are there occasions where
the Parole Board will physically be able to
2769
meet with those coming before them despite
this tool, this teleconferencing tool?
Meaning that the location of the particular
parole hearing will occur in a prison setting
where people are actually coming up before
them?
SENATOR NOZZOLIO: Yes, Madam
President, this measures provides
teleconferencing as an option to the Parole
Board. It does not say that teleconferencing
has to be used in every instance. It does not
say that teleconferencing any way will be
totally supplanting the actual live parole
hearings, it just uses it as a tool when, for
instance, weather, time constraints, etc,
would be an obvious problem.
SENATOR WALDON: Madam President,
would the gentleman yield again?
THE PRESIDENT: Senator Nozzolio,
do you yield?
SENATOR NOZZOLIO: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Waldon.
SENATOR WALDON: Senator, if I
2770
understand what is proposed here, someone at
Coxsackie could be up for parole but the Board
at that moment could be meeting at a prison
outside of Buffalo but they could
teleconference the person that was up for
parole review in Coxsackie, which is a great
distance away.
Is that possible under what your
proposing?
SENATOR NOZZOLIO: Madam
President, the measure before us allows the
same type of notice provisions to the inmate.
It is not something where the inmate is going
to be called up and told immediately that
teleconferencing will be the operation. The
person will have to have the same types of
notice as in current statute, a month prior to
the date a member of the Board shall have
those interviews, a month prior to the parole
date so the inmate still has notice that this
is going to happen. It is the interview per
se that is going to be, the Parole Board will
have an option to present teleconferencing to
conduct the interview.
SENATOR WALDON: Madam President,
2771
may I ask another question of Senator
Nozzolio?
THE PRESIDENT: Senator Nozzolio,
do you continue to yield?
SENATOR NOZZOLIO: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Waldon.
SENATOR WALDON: Senator, I think
what you are saying to us, and correct me if I
am wrong and along the wrong coarse, is that
all of the due process safeguards are inherent
in this proposal for those who come up before
the Parole Board, that proper notice has to
happen, whether or not there is
teleconferencing, that all of the available
options to the person making application are
available, even though it is teleconference;
is that correct?
SENATOR NOZZOLIO: Madam
President, though the chair, yes, Senator
Waldon is correct, that the only issue altered
by this statute, by this proposal, is the
placement of video teleconferencing as an
option to the personal interview. The
2772
interview still must take place. There is
still a body of law which regulates and
governs the procedure elements of the parole
hearing. That is not changed by this
proposal. The only thing that is changed or
altered by this proposal is the addition of
the option, an option to be utilized by the
Parole Board when teleconferencing would make
appropriate sense for them to use.
SENATOR WALDON: Madam President,
would the gentleman yield just a couple more
times?
THE PRESIDENT: Senator Nozzolio,
do you continue to yield.
SENATOR NOZZOLIO: Yes, Madam
President.
THE PRESIDENT: Go ahead,
Senator.
SENATOR WALDON: Thank you, Madam
President.
Senator, if I hear what you are
saying and from what I have read, this would
allow the Parole Board to do a job in a better
sense in terms of you can actually bring more
people before the Parole Board simply because
2773
teleconferencing capability is there. So
instead of having to wait until someone
physically arrives at one prison setting to
have the parole hearing they can be at a
central or at any location and teleconference
people in almost like being in the center of a
wheel with the spokes going out to the various
prisons to conduct the parole hearings.
Is that fairly accurate?
SENATOR NOZZOLIO: Senator
Waldon's description of the process is
entirely accurate. The parole commissioners
in effect ride circuits, going from one prison
to the other. It is not the same three member
panel that meets together on every hearing at
ever prison and in fact it changes on a
virtually weekly basis. Assignments are given
to parole commissioners and they may have to
drive to New York City one day and they may
have to go to Attica the next and could end up
being in the North Country at one of Senator
Stafford's prisons the day after that.
It is an enormously time consuming
and expensive proposition when you have
commissioners having to move so many places
2774
and so often. So the intent here is to
provide this tool to better manage the system
and to save dollars certainly would be a good
objective as well as time and resources.
SENATOR WALDON: Madam President,
if I may, just one or two more questions.
THE PRESIDENT: Senator Nozzolio
do you continue to yield?
SENATOR NOZZOLIO: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Waldon.
SENATOR WALDON: Senator, I think
what you are telling us with this proposal is
that this may prove to be a tremendous, one,
cost saving device for parole, and you know,
we need to save cost wherever we can. I have
not always been on the same page with you in
regard to proposals, but I think this is very
sound.
Also what you are saying if I hear
you right is that there is a safety factor
promoted by this proposal, one, we don't have
to bring the prisoners from far away places to
wherever the parole commission is therefore we
2775
don't create an opportunity for accidents and
prisoners perhaps trying to escape, or vice
versa forcing the parole commissioners
themselves to appear at or repair to a
particular prison and if this is during the
hard winter season we have saved a lot of wear
and tear not only on the commissioners but
also on the prisoners.
Last question, if I may. Is there
any information in regard to the projected
cost savings that would inure to the benefit
of everyone, Department of Correctional
Services and the Parole Board, parole
commission, as a result of this proposal?
SENATOR NOZZOLIO: Madam
President, I do not have the operative cost
saving potential here for Senator Waldon
simply because it is an option and we just
don't know at this point how often the option
will be utilized.
I had the idea to present this
legislation when I visited Riker's Island a
few years ago and saw on Riker's that they
were doing actual arraignment hearings and
other disciplinary or other types of hearing
2776
via the teleconferencing exposure. It made a
lot of sense and dollars from a management
stand point. I thought that this would make
sense.
There will be some initial start up
cost of course with the purchasing of the
teleconferencing equipment, which today is a
lot less expensive than it was yesterday, and
the costs continually go down. But once those
initial investments are made then the
utilization will far exceed the cost savings
or the expense of going through it.
SENATOR WALDON: Madam President,
I have made a mistake. I needed to ask one
more question.
THE PRESIDENT: Senator Nozzolio,
do you yield for one more question?
SENATOR NOZZOLIO: Madam
President, everyone is entitled to one mistake
and I'm sure this is the first one Senator
Waldon has ever made so I will certainly be
glad to yield to the Senator for this one last
question.
THE PRESIDENT: Senator Waldon,
one final question.
2777
SENATOR WALDON: That's it, Madam
President.
THE PRESIDENT: Go ahead.
SENATOR WALDON: Thank you. What
you are proposing, Senator Nozzolio, does it
in any way inveigle or interfere with the
rights of those who come before the parole
commission? Does it do anything which
dramatically in a negative sense or at all in
a negative sense impacts one rights before the
parole commission?
SENATOR NOZZOLIO: In my opinion,
Madam President, this does not in any way. It
simply allows a tool of modern technology to
be brought into this process and utilized in
order to save and engage in the cost savings
and other savings that we have discussed.
SENATOR WALDON: Madam President,
if I may, on the bill.
THE PRESIDENT: Senator Waldon,
on the bill.
SENATOR WALDON: Thank you. I
think this is a good proposal that Senator
Nozzolio has made. I think that the rights of
those coming before the parole commission are
2778
protected. I think it is a cost saving device
for the State of New York.
I would encourage my colleagues to
support it.
Thank you.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, I want to echo. I listened to the
debate and the discussion between Senator
Waldon and Senator Nozzolio. I also agree
this is an idea worth trying. I would only
suggest one other minor change if this bill
goes to conference with our colleagues across
the way, and that is that the one of the
critical issues that the Parole Board is often
times asked to determine is the sincerity of
the potential parolee. And I would suggest
that is sometimes a very difficult thing to
capture in a video conferencing, and what I
would suggest is that if we do this, which I
think we should do, I would put a two year
study in and ask the Parole Board to come back
to us and just tell us whether the video
conferencing has effected the ability of
2779
people to be released on parole, because at
least through my experience and discussions
with people at the Parole Board is that that
ingredient, the sincerity of the applicant,
the sincerity of trying to measure their
commitment to rehabilitation might be an
appropriate thing for the Parole Board to
evaluate and get back to us on and then we
should make this permanent if it does not
effect the release rate, so I'll be voting in
favor, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll:
(The Secretary called the roll.)
THE SECRETARY: Ayes 53, nays 1.
Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Senate Velella,
that completes the reading of the
controversial calendar.
SENATOR VELELLA: Madam
2780
President, may we please return to reports of
standing committees. I believe there is a
report of the Finance Committee at the desk.
THE PRESIDENT: Reports of
standing committees, the Secretary will read.
THE SECRETARY: Senator Stafford
from the Committee on Finance offers up the
following nominations.
As a banking member of the State
Banking Board, Thomas Siciliano of Commack.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Thomas Siciliano,
Esquire, as a banking member, ranking member,
of the State Banking Board. All in favor,
signify by saying aye.
(Response of "Aye.").
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: Thomas Siciliano
is hereby confirmed as a ranking member of the
State Banking Board.
The Secretary will read.
2781
THE SECRETARY: As a public
member of the State Banking Board, Michael D.
Grosso of Coxsackie.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Michael D. Grosso as a
public member of the State Banking Board.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Michael D. Grosso
is hereby confirmed as a public member of the
State Banking Board.
The Secretary will read.
THE SECRETARY: As a member of
the Small Business Advisory Board, Robert M.
Frederico, of Mahopac, and Margery Keskin, of
Jamesville.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
2782
on the nomination of Robert M. Federico and
Margery Keskin as members of the Small
Business Advisory Board.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Allegany State Park, Recreation and
Historic Preservation Commissioner, Laureen J.
Peterson, of Salamanca.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Laureen J. Peterson as
a member of the Allegany State Park,
Recreation and Historic Preservation
Commission.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
2783
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Fire Fighting and Code Enforcement
Personnel Standards and Education Commission,
Kevin Seamus Malley, of the Bronx.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Kevin Seamus Malley as
a member of the Fire Fighting and Code
Enforcement Personnel Standards and Education
Commission.
All in favor signify by saying aye.
(Response of "Aye.").
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Trustees of the Higher Education
2784
Services Corporation, Joseph Poerio, of Port
Jefferson.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the conformation of Joseph Poerio as a
member of the Board of Trustees of the Higher
Education Services Corporation.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Advisory Council on Agriculture, Francis
M. Moore, of Malone.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Francis M. Moore, of
Malone as a member of the Advisory Council on
2785
Agriculture.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
Advisory Council to the Commission of the
Quality of Care for the Mentally Disabled,
Judy Eisman, of Great Neck, and David Mandel,
of Lawrence.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Judy Eisman and David
Mandel as members of the Advisory Council to
the Commission on the Quality of Care for the
Mentally Disabled.
All those in favor, signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
2786
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
Mental Health Services Council, Ruth V.
Gaines, of Central Islip; Gregg Modell, of
Monticello, and Louis B. Tehan, Jr., of Utica.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Ruth V. Gaines, Gregg
Modell and Louis B. Tehan as members of the
Mental Health Services Council.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member, Long
Island Developmental Disabilities Services
Office, Lita Cohen of Belmore.
2787
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Lita Cohen as a member
of the Board of Visitors of the Long Island
Developmental Disabilities Services Office.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member,
Pilgrim Psychiatric Center, Barbara G. Roth,
of Old Bethpage.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Mover the
confirmation.
THE PRESIDENT: The question is
on the confirmation of Barbara Roth as a
member of the Board of Visitors of the Pilgrim
Psychiatric Center.
All in favor signify by saying aye.
2788
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member, New
York State Home for Veterans and Their
Dependents at St. Albans, Joseph C.
Thomassen, of Douglaston.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Joseph C. Thomassen as
a member of the Board of Visitors of the New
York State Home for Veterans and Their
Dependents at St. Albans.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
confirmed.
The Secretary will read.
2789
THE SECRETARY: As a member of
Sagamore Children's Psychiatric Center, Ninfa
S. States, of Great Neck.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Ninfa S. States, as a
member of the Board of Visitors of the
Sagamore Children's Psychiatric Center.
All those in favor, please signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member,
Sunmount Developmental Disabilities Services
Office, Jane DuMoulin, of Tupper Lake.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
2790
on the confirmation of Jane DuMoulin as a
member of the Board of Visitors of the
Sunmount Developmental Disabilities Services
Office.
All those in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: Also Senator
Stafford reports the following two bills.
Senate Bill 5607, by the Committee on Rules,
an act to amend Chapter 15 of the Laws of
1999, and Senate 5608, by the Committee on
Rules, an act making appropriations for the
support of government. Both bills directly
for third reading.
THE PRESIDENT: Without
objection, both bills are hereby ordered
directly to third reading.
Senator Velella.
SENATOR VELELLA: Madam
2791
President, may we please take up Calendar
1078, 5607.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1078, by the Committee on Rules, Senate Print
5607, an act to amend Chapter 15 of the Laws
of 1999, making appropriations for the support
of government.
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: Madam
President, is there a message of appropriation
at the desk?
THE PRESIDENT: Yes, Senator
Velella, there is.
SENATOR VELELLA: I move to
accept the message of appropriation.
THE PRESIDENT: All in favor of
accepting the message of appropriation,
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted. Read the last section.
2792
THE SECRETARY: Section 6. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 53, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed. Senator Velella.
SENATOR VELELLA: Madam
President, may we please take up Calendar
1079, Senate 5608.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1079, by the Committee on Rules, Senate Print
5608, an act making appropriations for the
support of government.
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: Madam
President, is there a message of appropriation
at the desk?
THE PRESIDENT: Yes, Senator
Velella, there is.
SENATOR VELELLA: I move we
accept the message of appropriation.
2793
THE PRESIDENT: All in favor of
accepting the message of appropriation signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Read the last section.
THE SECRETARY: Section 51, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 53, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed. Senator Velella.
SENATOR VELELLA: Madam
President, is there any housekeeping?
THE PRESIDENT: Senator McGee.
SENATOR McGEE: Thank you, Madam
President. On page number 66 I offer the
following amendments to Calendar Number 780,
Senate Print 3265, on behalf of Senator
Nozzolio, and ask that said bill retain its
2794
place on the Third Reading Calendar.
THE PRESIDENT: The amendments
are received and the bills will retain their
place on the Third Reading Calendar.
Senator Velella.
SENATOR VELELLA: Madam
President, there being no further business I
move we adjourn until Tuesday, May 11th at
3:00 p.m.
THE PRESIDENT: On motion, the
Senate stands adjourned until Tuesday, May
11th, at 3:00 p.m.
(Whereupon, at 3:50 p.m., the
Senate adjourned.)