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.)