Regular Session - May 24, 1999
3217
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 24, 1999
3:15 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President.
STEVEN M. BOGGESS, Secretary
3218
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 repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: The
invocation today will be offered by the
Reverend Mack Smith, Pastor of the Trinity
Evangelical Lutheran Church in Wyandanch.
REVEREND SMITH: Lets bow our
heads for a prayer.
Our Father and Our God, we give
thanks to You this day for allowing each and
every one of us to smell the freshness of a
new day. As we come with a new day that comes
with duties and functions and jobs to do.
As you know, Senators have as a job
like many of us have to do. Many times the
jobs are appreciated, sometimes they are not
appreciated. But today we call upon Your
divine intervention. We pray for those who
are traveling up from Manhattan and hope they
get here safe. We also pray for those
3219
Senators who are present. We ask that you
bless their discussion. And, Lord, we ask
that whatever their discussion may be, it is
not for individual goals and ambitions but it
is for the welfare of those residents here of
New York State, the greatest state in the
nation.
Place Your care, place Your
guidance, place Your leadership and place Your
love down upon those represented here.
In Your precious name we pray.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Friday, May 21st. The Senate met pursuant to
adjournment. The Journal of Thursday, May
20th was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
object, the Journal stands approved as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
3220
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Mr. President,
amendments are offered to the following Third
Reading Calendar bills:
On behalf of Senator Leibell, page
11, Calendar Number 319, Senate Print 3012.
On behalf of Senator Bonacic, page
11, Calendar Number 331, Senate Print 3660.
On behalf of Senator Lack, page 12,
Calendar Number 347, 3396.
On behalf of Senator Leibell, page
23, Calendar Number 597, Senate Print 3158-A.
On behalf of Senator Bonacic, page
29, Calendar Number 686, 3905-A.
On behalf of Senator Leibell, page
36, Calendar Number 815, Senate Print 5446.
On behalf of Senator Libous, page
42, Calendar Number 877, Senate Print 5039.
On behalf of Senator Wright, page
53, 1006, Senate Print 1231-A.
On behalf of Senator Bonacic, page
3221
number 56, 1049, Senate Print 3908.
On behalf of Senator Skelos, page
number 34, Calendar 783, Senate Print 5075.
On behalf of Senator Trunzo, page
44, Calendar Number 908, Senate Print 4225.
Mr. President, I now move that
these bills retain their place on the Order of
the Third Reading.
ACTING PRESIDENT MEIER: The
amendments are received and the bills will
retain their place on the Third Reading
Calendar.
SENATOR McGEE: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Thank
you, Senator McGee.
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President.
I have several bills to amend that
were recalled from the Assembly.
On behalf of Senator Padavan, I
wish to call up his bill, Senate Print 1502,
recalled from the Assembly which is now at the
desk.
3222
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Padavan, Senate Print 1502, an act to amend
the Social Services Law.
SENATOR FARLEY: I now move to
reconsider the vote by which this bill was
passed.
ACTING PRESIDENT MEIER: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 49.
SENATOR FARLEY: I now offer the
following amendments.
ACTING PRESIDENT MEIER: Amendments
received.
SENATOR FARLEY: On behalf of
Senator Alesi, I wish to call up his bill,
743, which was recalled from the Assembly
which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator Alesi,
Senate Print 743, an act to amend the Penal
3223
Law.
SENATOR FARLEY: I wish to
reconsider the vote by which this bill passed.
ACTING PRESIDENT MEIER: Call the
roll on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
SENATOR FARLEY: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
SENATOR FARLEY: On behalf a
Senator Wright, I wish to call up his bill,
4161, which was recalled from the Assembly
which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Wright, Senate Print 4161, an act in relation
to authorizing.
SENATOR FARLEY: I now move to
reconsider the vote by which this was passed.
ACTING PRESIDENT MEIER: The
Secretary will call the roll on
reconsideration.
3224
(The Secretary called the roll.)
THE SECRETARY: Ayes 49.
SENATOR FARLEY: I offer the
following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
SENATOR FARLEY: I did that
without glasses.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER: There
will be an immediate meeting of the Finance
Committee in the Majority Conference Room.
SENATOR SKELOS: Mr. President,
if we could take up the non-controversial
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the non-controversial
calendar.
THE SECRETARY: Calendar Number
455, by Senator McGee, Senate Print 3874-A, an
3225
act to amend the Alcoholic Beverage Control
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
610, by Senator Fuschillo, Senate Print 2030,
an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR MONTGOMERY: Lay that
3226
bill aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
615, by Senator McGee, Senate Print 4179, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
September.
ACTING PRESIDENT MEIER: Call the
roll.
SENATOR MONTGOMERY: Lay that
bill aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
751, by Senator Volker, Senate Print 3993, an
act to amend the Penal Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
824, by Member of the Assembly Magee.
3227
SENATOR SKELOS: Lay the bill
aside for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
883, by Senator Maziarz, Senate Print 654, an
act to amend the Vehicle and Traffic Law.
SENATOR SMITH: Lay that bill
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar 925, by
Senator Fuschillo, Senate Print 4433, an act
to amend the State Finance Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
3228
929, by Senator Saland, Senate Print 3986, an
act to amend the Family Court Act.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
933, by Senator Saland, Senate Print 4857, an
act to amend the Family Court Act and the
Executive Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the 90th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
963, by Senator Kuhl, Senate Print 1612, an
act to amend the Public Service Law.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk. Read the
last section.
3229
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
967, by Senator Wright, Senate Print 3901, an
act to amend the Public Service Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
969, by Senator Kuhl, Senate Print 1774, an
act to amend the Environmental Conservation
Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
3230
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
970, by Senator McGee, Senate Print 2544-B, an
act authorizing the conveyance of certain
State lands.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
987, by Senator Volker, Senate Print 3421, an
act to amend the Criminal Procedure Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
3231
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1052, by Senator Skelos, Senate Print 4783, an
act to amend the Not-for-Profit Corporation
Law, in relation to granting a proxy.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1069, by Senator LaValle, Senate Print 5376,
an act to amend the Education Law.
3232
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
reading of non-controversial calendar.
SENATOR SKELOS: If we could take
up the controversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
610, by Senator Fuschillo, Senate Print 2030,
an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
3233
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Paterson, why do you rise?
SENATOR PATERSON: I'm sorry, Mr.
President, might we have a brief explanation
of this bill?
ACTING PRESIDENT MEIER: Senator
Fuschillo, an explanation has been requested
of Calendar Number 610, by Senator Paterson.
SENATOR FUSCHILLO: This bill,
Senator Paterson, will amend the VTL and
extend the revocation period for those who
fail to take a blood alcohol test. Currently
first offense is six months, second offense is
one year. And it would extend it from six
months to nine months and one year to 18
months.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Sounds good
enough for me.
SENATOR FUSCHILLO: Thank you,
very much, Senator Paterson.
3234
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51, nays
one. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
615, by Senator McGee, Senate Print 4179, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR SMITH: Explanation.
ACTING PRESIDENT MEIER: Senator
McGee, an explanation has been requested of
Calendar Number 615.
SENATOR McGEE: Thank you, Mr.
President. This bill would require the
revocation of a liquor license or permit for
three or more violations of sales to those
3235
under 21 years within any two year period.
ACTING PRESIDENT MEIER: Senator
Smith.
SENATOR SMITH: I am a little
confused. And may I have a clarification,
because the explanation of this bill states it
is for -- requires the revocation liquor
license for repeated sales to persons under
the age of -- I'm sorry I am reading the wrong
one. It provides for permanent revocation of
a driver's license for certain alcohol or drug
related events.
SENATOR McGEE: I'm sorry, where
are you reading that?
SENATOR SMITH: On our active
list. 615 provides for permanent revocation
of driver's license for certain alcohol or
drug related offenses.
SENATOR McGEE: I am sincerely
sorry, you should be confused. And I'm sorry.
Mr. President, I am sorry. I was
reading the description of another bill.
Please forgive me.
This bill would add to the Vehicle
and Traffic Law the operation of a motor
3236
vehicle accident during a permanent license
revocation for DWI or a chemical test refusal
offense shall constitute aggravated operation
of a motor vehicle accident in the first
degree, a Class E felony. It would require
permanent driver's license revocation for
persons convicted of refusal to submit to a
chemical test or any DWI or DWAI or driving
while impaired by drug violation and has,
within the last five years been twice
convicted of a DWI, DWAI, or driving while
impaired by drugs or refusal to submit to a
chemical test, or has within the last ten
years been thrice convicted of DWI, DWAI, or
driving while impaired by drug or refusal to
submit to a chemical test.
SENATOR SMITH: Mr. President,
would the sponsor yield for a question?
ACTING PRESIDENT MEIER: Senator
McGee, do you yield for a question?
SENATOR McGEE: Absolutely.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR SMITH: Has any provision
been made for these people who may need to
3237
have a vehicle or operate a vehicle to get
back and forth to work?
SENATOR McGEE: Present law states
right now that there is the opportunity to be
able to have a conditional license. This bill
does not make a provision for that, no.
SENATOR SMITH: Because, if I am
reading correctly, this is a permanent
revocation.
SENATOR McGEE: That's right.
SENATOR SMITH: So that would
prevent anyone who was found guilty from
operating a vehicle at any time in the future?
SENATOR McGEE: That's correct,
Senator. And if I may, Mr. President, it goes
on and gives the time frames. It gives you,
if you have done this within the last five
years been twice convicted of any one of
these, within the last ten years been three
times convicted of a DWI, DWAI. If you will
forgive me, Senator, if they haven't learned
their lesson by then, I am afraid that those
are the types of people we do not want on the
road.
SENATOR SMITH: Thank you, very
3238
much.
SENATOR McGEE: Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
September.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51, nays
one. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
751, by Senator Volker, Senate Print 3993, an
act to amend the Penal Law.
SENATOR PATERSON: Explanation.
SENATOR SKELOS: Laid it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
3239
883, by Senator Maziarz, Senate Print 654, an
act to amend the Vehicle and Traffic Law.
SENATOR MAZIARZ: Lay that bill
aside for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
929, by Senator Saland, Senate Print 3986 an
act to amend the Family Court Act.
SENATOR PATERSON: Explanation.
SENATOR SKELOS: Lay it aside
temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
967, by Senator Wright, Senate Print 3901, an
act to amend the Public Service Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51, nays
3240
one. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
can we stand at ease pending some of our
members returning from the Finance Committee.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(The Senate stood at ease from 3:31
to 3:41 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could take
up now on the controversial calendar, Calendar
Number 751.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 751.
THE SECRETARY: Calendar Number
751, by Senator Volker, Senate Print 3993, an
act to amend the Penal Law, in relation to
gambling and certain gambling offenses.
ACTING PRESIDENT MEIER: Read the
last section.
3241
THE SECRETARY: Section 8. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
883, by Senator Maziarz, Senate Print 654, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
929, by Senator Saland, Senate Print 3986, an
3242
act to amend the Family Court Act.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there is a report of the
Finance Committee at the desk. I ask that it
be read.
ACTING PRESIDENT MEIER: Reports
of standing committees. The Secretary will
read.
THE SECRETARY: Senator Stafford
from the Committee on Finance reports the
following nominations:
As a Member of the State Board of
3243
Parole, Joseph J. Gawloski, of Yonkers.
ACTING PRESIDENT MEIER: We will
temporarily lay that nomination aside, and the
Secretary will continue to read.
THE SECRETARY: As Directors of
the State of New York Mortgage Agency; Jerome
M. Becker of New York City, Joseph Strasburg
of Staten Island.
SENATOR SKELOS: Move the
nominations.
ACTING PRESIDENT MEIER: The
question is on the confirmation. All those in
favor signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT MEIER: Opposed
nay.
(No response.)
ACTING PRESIDENT MEIER: Jerome
Becker is confirmed as a Director of the State
of New York Mortgage Agency, and Joseph
Strasburg is confirmed as a Director of the
State of New York Mortgage Agency.
The Secretary will continue to
read.
THE SECRETARY: As a Member of
3244
the Allegany State Park Recreation and
Historic Preservation Commission, William Fox
of Cuba.
SENATOR SKELOS: Move the
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of William Fox
as a Member of the Allegany State Park
Recreation and Historic Preservation
Commission. All those in favor, signify by
saying aye.
(Response of Aye.)
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: William
Fox is confirmed as a Member of the Allegany
State Park Recreation and Historic Commission.
The Secretary will continue to
read.
THE SECRETARY: As a Member of
the Minority Health Counsel, Richard G. Young
of White Plains.
SENATOR SKELOS: Move the
nomination.
3245
ACTING PRESIDENT MEIER: The
question is on the confirmation of Richard G.
Young as a Member of the Minority Health
Counsel. All those in favor signify by saying
aye.
(Response of "Aye.)
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: Richard
G. Young is confirmed as a Member of the
Minority Health Counsel.
The Secretary will read.
THE SECRETARY: As a Member of
the State Board of Parole, Joseph J. Gawloski,
of Yonkers.
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President.
Mr. President, we are very pleased
to put forward this nomination of Joseph
Gawloski as a Member of the New York State
Parole Board.
As Senator Volker has iterated
3246
today and in days past, he, in his long
history of working with criminal justice
issues in this state, I dare say it is the
first time in his memory that, and that goes
without saying with everybody's memory here,
that an executive director of the New York
State Parole Board was asked to serve in the
capacity of parole commissioner.
Governor Pataki has done great
things in his nominations for the New York
State Parole Board. And with the selection of
Brian Travis a number of years ago we have
seen an outstanding performance of Governor
Pataki's appointments to this very important
body.
This appointment is, by far, the
most experienced parole commissioner that we
possibly could have with over 31 years of
experience, holding a variety of positions
within the Division of Parole from parole
officer to senior parole officer to bureau
chief and most recently as executive director.
Joe Gawloski has demonstrated a
broad bush of knowledge of what parole is all
about, what the dynamics are, what the
3247
challenges are for our Parole Board and as
such certainly is a very, very good solid
appointment to serve on this board.
I compliment Governor Pataki in his
wisdom in pursuing this, and I certainly with
great pride as the Committee on Crime Victims,
Crime and Corrections chairman unanimously
considered this appointment in moving it to
the floor. We certainly concur that this is
an excellent appointment and I move the
nomination.
ACTING PRESIDENT MEIER: Question
on -- Senator Volker.
SENATOR VOLKER: Quickly, let me
just say that on behalf of Joe that when
parole commissioners are named, the Parole
Board members are named, normally they have to
have a transition period and have to have a
time when they are briefed and so forth.
We won't have to have that problem
with Joe. I mean, he is the guy that has
briefed all those people over the years and
helped to get them ready and prepped. So you
have somebody that obviously walks right in
and knows exactly what's been going on in the
3248
Parole Department for only the last about 20
years.
So I compliment the Governor. It
is an excellent choice and I wish Joe the best
of luck.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
On the nomination, I agree with
Senator Volker and Senator Nozzolio, this is
an extremely well qualified if not perhaps the
best qualified candidate that we have been
asked to put on the Parole Board and I am
going to vote for Mr. Gawloski to serve on the
Parole Board.
I just want to reiterate for the
record what I said in the Senate Finance
Committee, and that is to urge Governor Pataki
to look to broaden the diversity of the Parole
Board. That my concern is that I believe
there is only one person of color on the
Parole Board currently. And I believe that
there is a need for greater diversity.
I think that sometimes when someone
3249
sits in a prison and asks for parole, a
discretionary release that is capable of being
granted by the Parole Board, I think there is
-- there can be, can be a sense that if you
consistently look at people who are not
necessarily from your background or from your
racial community or a part of people of color
I think there is a possibility that it could
be perceived as being unfair.
I believe that, and I have no
evidence that the Parole Board has been
unfair. I don't mean to suggest that. I
would just suggest to those on the second
floor that a broadening of the diversity to
reflect the composition of the people of this
State would be well advised.
I urge Governor Pataki to look for
minority candidates for this very, very
important position. I think it is critically
important for the sense of justice in this
state.
But I want to make absolutely
clear, this is a very, very well qualified
candidate and very worthy of a vote so I will
be voting aye on this nomination and I look
3250
forward to an opportunity in perhaps the not
too distant future when we can address the
other issue that I think is important on the
Parole Board, a broadening of its diversity.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: Thank you, Mr.
President.
I would just rise to mention what
has been said so well before me by previous
speakers.
It certainly is most heartening to
see a professional who has been in the field
for 30 years to move now into this very, very
responsible position. And I only compliment
Governor Pataki for a fine nomination. And as
Senator Nozzolio I am sure feels, did so well
in front of his committee and did so well at
the Finance Committee. And we certainly have
a very, very fine appointment.
And as I so often say here, we have
another example of a governor doing so well in
the appointments.
Thank you.
3251
ACTING PRESIDENT MEIER: The
question is on the confirmation of Joseph A.
Gawloski as a Member of the State Board of
Parole. All those favor signify by saying
aye.
(Response of Aye.)
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nomination is confirmed.
Mr. Gawloski is with us in the
chamber today. Mr. Gawloski, on behalf of the
Senate, we welcome you today, we congratulate
you on your confirmation and wish you well
with your important duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: Senator Stafford
also offers up the following bills:
Senate Print 5683, by the Committee
on Rules, an act to amend Chapter 15 of the
Laws of 1999, to make an appropriation for the
support of government.
3252
5684, by the Committee on Rules, an
act making appropriations for the support of
government.
5685, by the Committee on Rules, an
act to amend Chapter 83 of the Laws of 1995.
All bills directly for third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to the Third
Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President,
at this time if you would please take up
Calendar Number 1084, Senate 5683.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1084, by the Committee on Rules, Senate Print
5683, an act to amend Chapter 15 of the Laws
of 1999, making appropriations for the support
of government.
SENATOR SKELOS: Mr. President,
is there a message of appropriation and
necessity at the desk?
ACTING PRESIDENT MEIER: There is
3253
a message of necessity and appropriation at
the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the
message of necessity and appropriation. All
those in favor signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT MEIER: Opposed
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
Senator Skelos.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55, nays
one. Senator Dollinger recorded in the.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
3254
SENATOR SKELOS: Mr. President,
would you please take up Calendar Number 1085,
Senate 5684.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1085, by the Committee on Rules, Senate Print
5684, an act making appropriation for the
support of government.
SENATOR SKELOS: Mr. President,
is there a message of appropriation and
necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the
message of necessity and appropriation. All
those in favor signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT MEIER: Opposed
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. Read the last section.
3255
THE SECRETARY: Section 37. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 1086,
Senate 5685.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calender Number
1086, by the Committee on Rules, Senate Print
5685, an act to amend Chapter 83 of the Laws
of 1995.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT MEIER: There is
a message of necessity at the desk.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the
3256
message of necessity. All those in favor
signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT MEIER: Opposed
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. Read the last section.
SENATOR DOLLINGER: Lay the bill
aside. Could we do a question since this is
the last one? I believe since this is the
last item on the calendar, rather than lay it
aside we could just do that right now.
Through you, will the chairman of
the Finance Committee just yield to a
question?
SENATOR STAFFORD: Yes,
definitely.
SENATOR DOLLINGER: Through you,
Mr. President, this bill extends the Family
and Children's Services Block Grant. My
question, through you, Mr. President, is, we
did the block grant last year. Do we have any
evidence or any indication that the block
grant, the Children and Family Services Block
3257
Grant has been a success?
And I raise that question because
at least in my community there has been
significant criticism of block granting the
Family and Children Services. Has there been
any study or any evidence from the Department
of Family and Children's Services that suggest
the block grant has worked?
SENATOR STAFFORD: I have also
had contact on this. And I wanted to talk to
my counsel to be as accurate as I could. Some
of the recipients, the counties have asked for
a study as far as how this money is being
delivered to the localities. Many of us, of
course, argue and this is philosophical, that
there is more flexibility the way it is being
done at the present time. There are some
arguments that they think maybe the amount
would be different if it was not done exactly
the way it is right now and we are presently
looking into this.
SENATOR DOLLINGER: Through you,
Mr. President, I want to thank the chairman of
the Finance Committee for this question from
sort of left field with respect to the block
3258
grant. As the chairman's, I think, comments
point out, I for one have had numerous
complaints from Children and Family Service
agencies in the Rochester community about the
success of the block grant program, that while
it is designed to achieve some flexibility, by
getting away from the sort of categorical
formula we used in the past there seems to be
a shifting around of funds that has taken
agencies that have long histories under the
categorical grant and put them at a
disadvantage in competing for new contracts.
The reason I ask the question, Mr.
President, is because I think that the study
of the effect of the block grant could be
critically important to decide whether we
continue with the block grants or go back to
the old method of doing it by category and
formula.
With the assurance from the Senate
Finance Committee Chair that we'll take a look
at this, and I know that this may also be a
part of the ongoing budget discussion, I just
think it is an issue that we ought to look
back at, especially considering the fact that
3259
our Children and Family Service agencies
throughout the State have raised some serious
questions.
So I appreciate the indication from
the Chair that we will be looking into it and
I hope someday when we get to this budget we
will take a hard and fast look at this entire
question.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55, nays
one. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk.
ACTING PRESIDENT MEIER: Just
3260
give us a moment.
There is no housekeeping at the
desk.
SENATOR SKELOS: Please recognize
Senator Fuschillo.
ACTING PRESIDENT MEIER: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I would like unanimous consent to
take a moment from our proceedings to talk
about an award that was recently bestowed upon
one of our former members.
ACTING PRESIDENT MEIER: Without
objection, Senator Fuschillo is recognized.
SENATOR FUSCHILLO: Thank you,
very much, Mr. President.
Until his timely death last year,
Senator Norman Levy was truly a leader in the
area of traffic safety legislation and
particularly legislation addressing the
problem of alcohol and driving.
His tireless advocacy on these
issues led to the enactment of such measures
as our prompt suspension law and zero
tolerance law for youthful offenders.
3261
I do not believe that anyone in
this chamber can dispute that Senator Levy was
instrumental in reducing the number of highway
deaths in this state which are attributable to
DWI.
I have recently learned that the
National Commission Against Drunk Driving has
awarded Senator Levy their humanitarian award
of the year. This award is truly recognition
that Senator Levy's lifetime efforts have been
and will continue to be a positive influence
upon the quality of life in our State.
Obviously this comes after his
death, but I felt it was important as many of
you are close friends to him and his wife,
Joy, and I wanted to share this with you.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there being no further business, I move we
adjourn until Tuesday, May 25th at 3:00 p.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, May 25th at 3:00 p.m.
3262
(Whereupon, at 4:00 p.m., the
Senate adjourned.)