Regular Session - January 25, 2000
356
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 25, 2000
11:07 a.m.
REGULAR SESSION
SENATOR RAYMOND MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
stand and repeat with me the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: The
invocation will be given by Father Peter
Young.
REVEREND YOUNG: Dear God, You
have received many prayers from our skiers,
and You have responded.
We acknowledge Your wisdom that
allows our environment to benefit from Your
ecological balance, and we thank You today for
knowing that we have a great state, a
beautiful and magnificent body of water and
mountains and very fertile land.
For this we are coming to You with
an attitude of gratitude for the gift of You
have shared with us. Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
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THE SECRETARY: In Senate,
Monday, January 24th, the Senate met pursuant
to adjournment. The Journal of Friday,
January 21st, was read and approved. On
motion, Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Maltese,
from the Committee on Elections, reports the
following bills:
2908, by Senator Kuhl, an act to
amend the Election Law;
And 4577B, by Senator McGee, an act
to amend the Election Law.
Senator McGee, from the Committee
on Alcoholism and Drug Abuse, reports the
following bills:
2030, by Senator Fuschillo, an act
to amend the Vehicle and Traffic Law;
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2791, by Senator Marcellino, an act
to amend the Vehicle and Traffic Law;
4501A, by Senator Wright, an act to
amend the Vehicle and Traffic Law;
4552, by Senator Wright, an act to
amend the Vehicle and Traffic Law;
And 5073, by Senator McGee, an act
in relation to requiring the Department of
Motor Vehicles.
Senator Fuschillo, from the
Committee on Consumer Protection, reports the
following bills:
11B, by Senator Skelos, an act to
amend the General Business Law;
925B, by Senator Meier, an act to
amend the General Business Law;
1237A, with amendments, by Senator
DeFrancisco, an act to amend the General
Business Law;
5731, by Senator Fuschillo, an act
to amend the General Business Law and the
Vehicle and Traffic Law;
And 5947, with amendments, by
Senator Maziarz, an act to amend the General
Business Law.
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Senator Trunzo, from the Committee
on Transportation, reports the following
bills:
654, by Senator Maziarz, an act to
amend the Vehicle and Traffic Law;
2558, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
4250A, by Senator Trunzo, an act to
amend the Highway Law and the Public
Authorities Law;
4464, by Senator Nozzolio, an act
to amend the Vehicle and Traffic Law;
4604, by Senator Trunzo, an act to
amend the Highway Law;
5016, by Senator Trunzo, an act
authorizing the Department of Transportation;
5054, by Senator Hoffmann, an act
to amend the Vehicle and Traffic Law and the
Insurance Law.
ACTING PRESIDENT MEIER: Can we
have some silence in the chamber. The
stenographer can't hear the Secretary.
Staff, take your seats. Members,
if you have conversations to conduct, take
them outside.
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The Secretary will continue to
read.
THE SECRETARY: And 6304, by
Senator Wright, an act to amend the Highway
Law.
Senator LaValle, from the Committee
on Higher Education, reports the following
bills:
27, by Senator LaValle, an act to
amend the Education Law;
807, by Senator LaValle, an act to
amend the Education Law;
1293, by Senator Rath, an act to
amend the Education Law;
And 2050, by Senator LaValle, an
act to amend the Education Law.
All bills ordered direct to third
reading.
Without objection, all bills will
be reported directly to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
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SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator Seward, on
page Number 10 I offer the following amendment
to Calendar Number 81, Senate Print Number
1061, and ask that said bill retain its place
on the Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Skelos, we have a
substitution. Could we do that now?
SENATOR SKELOS: Please make the
substitution.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: On page 11,
Senator Kuhl moves to discharge, from the
Committee on Education, Assembly Bill Number
9284 and substitute it for the identical
Senate Bill Number, 6286, Third Reading
Calendar 91.
ACTING PRESIDENT MEIER:
Substitution ordered.
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Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Environmental Conservation Committee in the
Majority Conference Room.
ACTING PRESIDENT MEIER: There
will be an immediate meeting of the
Environmental Conservation Committee in the
Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: May we please
adopt the Resolution Calendar, with the
exception of Resolutions 2828 and 2832.
ACTING PRESIDENT MEIER: All in
favor of adopting the Resolution Calendar,
with the exception of Resolutions 2828 and
2832, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar, with exceptions, is
adopted.
Senator Skelos.
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SENATOR SKELOS: Mr. President,
may we please take up Resolution 2832, by
Senator Velella, have the title read, and move
for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read Resolution 2832 in its
entirety. Oh, I'm sorry, the title only.
THE SECRETARY: By Senator
Velella, Legislative Resolution Number 2832,
congratulating His Eminence John Cardinal
O'Connor, 8th Archbishop of New York, upon the
occasion of his 80th birthday on January 15,
2000.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: On the
resolution.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
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resolution is adopted.
SENATOR SKELOS: If we could open
that resolution up to sponsorship by the
entire Senate. If anybody wishes not to be on
the resolution, they should notify the desk.
ACTING PRESIDENT MEIER: Anyone
wishing to not be placed on the resolution,
notify the desk. Otherwise, all members will
be listed as sponsors.
Senator Skelos.
SENATOR SKELOS: Mr. President,
at this time if we could take up the
noncontroversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
46, by Senator Alesi, Senate Print 4507, an
act to amend the State Administrative
Procedure Act -
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
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63, by Senator Maziarz, Senate Print 650, an
act to amend the Criminal Procedure Law, in
relation to period of limitation.
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, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
64, by Senator Rath, Senate Print 676A, an act
to amend the Penal Law, in relation to
assaults.
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.)
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THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
66, by Senator Volker, Senate Print 726, an
act to amend the Criminal Procedure Law, the
Public Health Law, and the Family Court Act,
in relation to the authorized destruction of
dangerous drugs.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. 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, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
67, by Senator Libous, Senate Print 2085, an
act to amend the Penal Law, in relation to
increasing the penalties for repeat
convictions.
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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, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
69, by Senator Velella, Senate Print 2352, an
act to amend the Criminal Procedure Law, in
relation to the commission of crimes against
children.
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, 49.
ACTING PRESIDENT MEIER: The bill
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is passed.
THE SECRETARY: Calendar Number
72, by Senator Bonacic, Senate Print 3719, an
act to amend the Criminal Procedure Law, in
relation to denial of recognizance or bail.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
82, by Senator Meier, Senate Print 2586, an
act to amend the Real Property Tax Law, in
relation to adding the town of Montague in
Lewis County.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. 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
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87, by Senator Farley, Senate Print 3532, an
act in relation to the calculation of average
daily attendance and minimum days of session.
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.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Mr. President,
before we take up the one bill on the
controversial calendar, I just want to inform
the members that the Environmental
Conservation Committee is meeting now;
following that, Finance Committee will meet;
following that, Codes; and following that,
Labor. For the purposes of planning.
And now if we could go to the
controversial calendar and take up Calendar
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72, by Senator Bonacic.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
72, by Senator Bonacic, Senate Print 3719, an
act to amend the Criminal Procedure Law, in
relation to denial of recognizance or bail.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Bonacic, an explanation has been requested of
Calendar 72.
SENATOR BONACIC: Thank you, Mr.
President.
This legislation proposed is an act
to amend the Criminal Procedure Law in
relation to a denial of recognizance or bail
in certain cases.
What we're doing as a result of
this legislation is where you have had a
convicted felon of a violent crime, and if
they are rearrested in a 20-year period after
the conviction of the first violent felony
crime, in 11 categories, ranging from murder
to burglary, robbery down to rape, that you
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will not be granted bail if you are arrested a
second time for any of these 11 category
crimes.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
would my colleague on this dismal day with the
very exciting tie yield for a question?
ACTING PRESIDENT MEIER: Senator
Bonacic, do you yield?
SENATOR BONACIC: I yield, as
well as my tie.
ACTING PRESIDENT MEIER: They
both yield.
SENATOR PATERSON: Thank you, Mr.
President. If he yields his tie, I'd be happy
to take it.
(Laughter.)
SENATOR PATERSON: Senator, with
the expedited hearing for these particular
defendants, how would this affect the hearings
for regular defendants and the time
constraints, such as 180/80 time or 30/30
time, in which the prosecutor has to bring
some kind of an action to just the other
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defendants in the system? Has the Office of
Court Administration given an opinion on this?
SENATOR BONACIC: I have not
received an opinion from the Office of Court
Administration.
What we are trying to do, by this
legislation, is from experience and reports
for criminal justice reform, there is a high
rate of recidivism for a convicted felon who's
arrested again and then goes out and commits a
similar crime on innocent people in our
society. And what I'm suggesting to you, that
the paramount purpose of this legislation is
to protect our community.
And if it means that we have to add
another judge in order to protect the
constitutional rights of other defendants who
are facing criminal indictments in matters not
relating to the class we're trying to address
through this legislation, then that's
something that has to be done.
SENATOR PATERSON: Mr.
President -
ACTING PRESIDENT MEIER: Senator
Paterson.
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SENATOR PATERSON: -- if the
Senator could continue to yield.
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: He
yields.
SENATOR PATERSON: Mr. President,
I agree with Senator Bonacic. I don't think
that the difference of whether or not we have
a judge -- if there's an interest of public
safety or protecting potential crime victims,
obviously we would have to incur that expense.
I was just asking what those costs
might be or just whether or not the Office of
Court Administration has budgeted for a
possible law that we might pass if we can
agree that this should actually be law.
And so, if Senator Bonacic would
continue to yield, has there been any
demonstration of, across the state, what the
budget impact of this legislation would be?
SENATOR BONACIC: I'm not aware
of it.
But I know that Governor Pataki
supports this. And I know that the Senate
Majority support this. And I'm sure if it
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becomes law, we will find the money in our
budget to finance whatever is necessary to
protect our community from violent felons who
may commit similar crimes.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President. If my colleague would continue to
yield.
SENATOR BONACIC: I do.
ACTING PRESIDENT MEIER: He
continues to yield.
SENATOR PATERSON: Mr. President,
it appears to me that our whole concept of
innocence until proven guilty is being changed
by this piece of legislation. And I say that
with the utmost respect for Senator Bonacic's
intent.
Obviously, when you have some kind
of measure that you can take that would
diminish crime, we in this chamber have got to
consider it. And I know that this bill has
been on the calendar for a number of years.
But I really don't mind getting up and
discussing it because the intent of the
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sponsor is very clear, and it's one that we
all have, which is to diminish crime in our
state.
However, I just want to point out
to Senator Bonacic that there are a number of
things we could do that would diminish crime,
but then we wouldn't be living in a democracy.
Now, if we lived in Bosnia or East Timor, we
could just lock people up forever, for any
crime they commit -- and because of the
recidivism, we would reduce crime, because we
know that a lot of crimes are committed by
second offenders. But we'd give up the
democracy in which we live.
Under our Constitution, Senator,
how would you make the argument that we should
pass this law? In other words, if there's a
constitutional way we could pass this law,
maybe we should consider it. But how do we
pass this law and still adhere to the
principles of our Constitution as they stand
now?
SENATOR BONACIC: I think what
you're suggesting is that if a person is
charged with a second crime in these 11
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categories and they have been a prior
convicted felon, how do we protect the
constitutional rights when they reappear
before the judge.
I think that's your question, isn't
it? I don't mean to frame your question, but
I believe that's your concern.
SENATOR PATERSON: (Nodding.)
SENATOR BONACIC: And my answer
to that is under this legislation, number one,
the defendant is entitled to an expedited
trial within 60 days of his arrest. Number
two, every 14 days the defendant can make an
application to the judge for a change in
status if there is a change in status.
Now, if the defendant is the cause
of the delay, then the 60-day period is tolled
to an extended period as a result of
defendant's delay.
But I recognize that in our society
an individual is innocent until proven guilty,
and that's why we put these fast-track
legislative provisions in the legislation, to
always have constant communication with the
defendant, his attorney, with the prosecution
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and the judge, and a speedy trial by a jury of
his peers within 60 days.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MEIER: Senator
Paterson, on the bill.
SENATOR PATERSON: I appreciate
Senator Bonacic's obvious concern for the
constitutional rights, because the 14-day
reapplication and the attempt to resolve these
particular cases more quickly based on time
are certainly admirable.
But what they are in a sense doing
is softening the blow that we are striking
against our constitutional protections.
It would really be fine with me if
we have determined that people are so likely
to be recidivists and are such dangers to
society at the time that they finished serving
the sentence for the first crime that's
committed that we'd probably extend the
punishment, rather than to go into a totally
separate case and create a presumption because
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we know that statistically there's more
likelihood that first offenders become second
offenders.
Because what we're now doing is
taking separate incidents and now applying
what is really a past action, one that has
been served in terms of the criminal justice
system, to a future act. And by doing that,
we are now separating defendants between those
who have previous records and those who do
not.
And while I think that is a fair
thing to do in terms of sentencing, and it is
well-heeled in our criminal justice system
that we do that in terms of sentencing, we
cannot do that in terms of the establishment
of innocence or guilt. And no matter how many
ways we try to refit it or reprocess it for
our purposes, we're really doing the same
thing.
There aren't that many democracies
left in the world. And I think that it would
be a good thing to try to preserve this one.
There are other remedies that we can find.
And the one that I would suggest is the
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discretion of the trial judge. These are
individuals who can determine that the
defendant poses a threat to society and can
deny bail or make bail so excessive that the
defendant can't afford it.
Now, if we're having a problem, if
Senator Bonacic has noticed that there is a
problem, then certainly we might have to
reestablish what is the threshold test for
individuals who will serve as criminal court
justices or Supreme Court justices who handle
these bail hearings.
But until that particular time, I
think the last place we need to go to alter
the situation, even in an attempt to improve
public safety, is our prized state
Constitution and the protections provided
under our federal Constitution, the 6th and
8th Amendments, the right to a speedy trial
and the right to bail.
ACTING PRESIDENT MEIER: Senator
Gentile.
SENATOR SKELOS: Could I just
interrupt for a minute?
ACTING PRESIDENT MEIER: Senator
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Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
Senator Gentile.
SENATOR GENTILE: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MEIER: Senator
Gentile, on the bill.
SENATOR GENTILE: I am in support
of Senator Bonacic on this issue, despite my
learned colleague, Senator Paterson, and the
very valid points he brings up.
I do want to point out that too
often in this state, in our state courts, what
occurs is that when a bail application is
made, a prosecutor, knowing the propensity of
a defendant to be violent, usually makes a
request for a high bail. And the response,
more times than not, from defense attorneys to
the judge is to remind the judge that under
current New York State law, the only purpose
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for setting bail is to ensure the return of
the defendant on the next court date.
And technically speaking,
technically speaking, the defense attorney is
right in that situation. And therefore bail
is not used to protect the community, it's
used for a different purpose, and that is to
ensure the return of the defendant on a court
date.
I don't think that's enough in this
state. We in this state must make a state
policy determination through this Legislature
that there is a reasonable and significant
role for a judge and a court to play if a
judge feels that someone is a danger to our
community. And to do that, we need to give
him the power or her the power to decide to
put someone in without bail and, given the
protections that we still have -- despite this
law, we still have the seven-day, 180/80 law
which requires the prosecutor to bring a case
before a grand jury within a seven-day period
or the defendant is released on his own
recognizance.
So given that we have those
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constitutional protections that I think some
of my colleagues here on this side are
concerned about, but nevertheless we now give
the judiciary the power to say that this
person potentially is a danger to the
community, and the interests of the community
need to come first here.
And therefore, I believe that what
Senator Bonacic is doing in this bill is the
correct thing and the statement that we need
to make as a Legislature.
So I congratulate you on that,
Senator.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 11. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Paterson, why do you rise?
SENATOR PATERSON: Mr. President,
we have two members who were recorded as
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voting no last year out of the chamber, and I
wanted to know if we could hold the roll call
open so that they'll have an opportunity to -
SENATOR SKELOS: Yes, we'll
extend that courtesy.
ACTING PRESIDENT MEIER: Yes,
Senator Paterson.
SENATOR PATERSON: And for anyone
that might want to change their mind.
(Laughter.)
ACTING PRESIDENT MEIER: Announce
the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 72 are
Senators Connor, Duane, Paterson, Sampson,
Santiago, Schneiderman, and Stavisky. Ayes,
46. Nays, 7.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
that completes the controversial calendar.
If we could go back to motions and
resolutions and take up Resolution 2828, by
Senator Nozzolio, have it read in its
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entirety, and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Nozzolio, Legislative Resolution Number 2828,
honoring the Webster High School football team
for winning the New York State Championship in
the Section V Class AA Division.
"WHEREAS, Excellence and success in
competitive sports can be achieved only
through strenuous practice, team play and team
spirit, nurtured by dedicated coaching and
strategic planning; and
"WHEREAS, Athletic competition
enhances the moral and physical development of
the young people of this State, preparing them
for the future by instilling in them the value
of teamwork, encouraging a standard of healthy
living, imparting a desire for success, and
developing a sense of fair play and
competition; and
"WHEREAS, The Webster High School
Football Team, the Webster Warriors, rolled to
a 35-18 victory to capture the New York State
Football Championship in the Section V
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Class AA Division on Saturday, November 27,
1999, at the Carrier Dome;
"The athletic talent displayed by
this team is due in great part to the efforts
of Head Coach Anthony Bianchi, Defensive
Coordinator Chris Battaglia, Offensive
Coordinator Dave Howlett, Assistants Andy
Annunziatta and Jim Belluco, and Volunteer
Coaches Vito Torregiano and Jim Belluco,
skilled and inspirational tutors, respected
for their ability to develop potential into
excellence; and
"WHEREAS, The team's overall record
is outstanding, and the team members were
loyally and enthusiastically supported by
family, fans, friends and the community at
large;
"The hallmarks of the Webster
Warriors team, from the opening game of the
season to participation in the championship,
were a brotherhood of athletic ability, of
good sportsmanship, of honor and of
scholarship, demonstrating that these team
players are second to none;
"Athletically and academically, the
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team members have proven themselves to be an
unbeatable combination of talents, reflecting
favorably on their school;
"Head Coach Anthony Bianchi,
Defensive Coordinator Chris Battaglia,
Offensive Coordinator Dave Howlett, Assistants
Andy Annunziatta and Jim Belluco, and
Volunteer Coaches Vito Torregiano and Jim
Belluco have done a superb job in guiding,
molding, and inspiring the team members toward
their goals; and
"WHEREAS, Sports competition
instills the values of teamwork, pride and
accomplishment, and the coaches and their
outstanding athletes have clearly made a
contribution to the spirit of excellence which
is a tradition of their school; now,
therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to
congratulate the Webster High School football
team, its members -- Matt Agnello, Craig
Akins, Rod Arcuri, Chris Beh, Marshall Berkes,
Eben Blanchard, Gary Bonadonna, Jamaal Cain,
Ryan Chase, Matt Cutaia, Phil Dalton, Shea
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D'Ambrosio, Scott DeFrees, Anthony Delvecchio,
Dan Dodge, Jason Ellis, Steve Fiano, John
Follett, Jeff Frank, Justin Gallaway, Carl
Garritano, Chris Golamb, Matt Gould, Dave
Greenfield, Cory Hamel, Sean Hondorf, Kenny
Hooks, Aaron Jaranowski, Taras Kowal, Jeff
Krieger, Eric Leary, Dan Luce, Dan McGrath,
Corey Mosher, Andrew Muto, Matt Owens, John
Palermo, Brad Palmer, Mitch Pawluk, Jason
Paycoff, Bo Pritchard, Kyle Quinn, Mike Ricci,
Dave Ruggieri, Chris Sahler, Ashton Scaccia,
Mike Scalzo, Matt Schlegel, Mike Schifano, Dan
Sepka, Dave Shortt, Steve Stankowski, Dave
Street, Brandon Thurman, Jay Ulmer, and T.J.
Welsher -- and the coaches on their
outstanding season and overall team record;
and be it further
"RESOLVED, That copies of this
Resolution, suitably engrossed, be transmitted
to the Webster High School football team and
to the aforementioned coaches."
ACTING PRESIDENT MEIER: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you, Mr.
President.
389
Mr. President and my colleagues, I
rise with great pride to welcome the Webster
High School football team, the Webster
Warriors, the State AA Champion football team,
here to our Capitol today. Assemblyman Koon
and I are hosting the team. And it's just
such a great day, such a prideful day that we
are here recognizing the tremendous
accomplishments -- an undefeated season,
phenomenal victory in the Class AA
championship title.
And I thank Coach Bianchi, his
staff, as well as Webster High School
Principal John Soper, for making the trek here
today and bringing the team to our State
Capitol for this special recognition.
It's a tremendous group of young
men that have given the community of Webster a
tremendous amount of pride. They've overcome
great adversity throughout the season, and
today was no exception, in coming here under a
snowstorm. We appreciate them getting up at
6:30 a.m. -- prior to then, leaving at
6:30 a.m., to come here to be with us in the
Capitol today.
390
I also appreciate our Majority
Leader, Senator Joe Bruno's courtesies in
allowing the team to come here and sit in the
gallery en masse. He's extended courtesies to
the team in spite of the fact -- in spite of
the fact, ladies and gentlemen, that the
Webster Warriors, in achieving their
championship, in the championship game
defeated the Troy Horsemen. Senator Bruno
represents Troy, in case anyone didn't know
that.
Ladies and gentlemen, this team is
made up of a number of singular stars. But,
more importantly, they have what we would call
a tremendous team spirit. There are four
members of the All-Star All-State team with
us, as they were given such an honor,
including the AA State Player of the Year, in
Dan McGrath.
But each of those individual honors
pales in comparison to the way this team
pulled together through thick and thin. Their
coaches have said it, their faculty and
administration at Webster High School has said
it, and I am proud to say it, that this is an
391
outstanding group of individuals who have
pulled together for the betterment of their
team.
Their community is extremely proud.
I as their Senator, Assemblyman Koon as their
Assemblyman are extremely proud. We welcome
them here to Albany. And we thank the Senate
for this recognition in providing this
resolution honoring their significant
accomplishments.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is unanimously adopted.
And on behalf of the members of the
Senate, we extend a warm welcome to Albany and
to the Senate for the team members, your
coaches, and friends.
Senator Seabrook.
392
(Applause.)
ACTING PRESIDENT MEIER: Senator
Seabrook, just to clarify, that applause was
for the Webster Warriors. But you're now
recognized.
SENATOR SEABROOK: I want to
thank you so much for recognizing me, and the
applause.
Mr. President, I'd like -- with
unanimous consent, I'd like to be recorded in
the negative on Calendar Number 72.
ACTING PRESIDENT MEIER: Without
objection, Senator Seabrook will be recorded
in the negative on Calendar 72.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, there is a privileged resolution at
the desk by Senator Wright. I would ask that
it be read now in its entirety and move for
its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the privileged resolution.
THE SECRETARY: By Senator
Wright, legislative resolution memorializing
the President of the United States to release
393
an emergency supply of crude oil from the
Strategic Petroleum Reserve and release the
emergency reserve funds held in the Low-Income
Home Energy Assistance Program.
"WHEREAS, The Strategic Petroleum
Reserve was created in response to the 1973
Arab oil embargo; there are currently
563 million barrels of crude oil held in
storage caverns located in several Gulf Coast
states; and
"WHEREAS, The United States may
draw down oil from the reserve at a rate of
about 2 million barrels per day;
"OPEC cutbacks designed to reduce
the supply of oil have resulted in significant
increases in the price of oil;
"The price of crude oil is
currently approaching $30 per barrel, almost
three times the price of crude oil one year
ago; and
"WHEREAS, Sales from the Strategic
Petroleum Reserve may help reduce crude oil
prices by providing more crude oil to United
States markets;
"The resulting lower oil prices
394
would return purchasing power to the United
States businesses and consumers;
"The Strategic Petroleum Reserve
can be used to buffer oil-price swings; and
"WHEREAS, The recent artic
temperatures have exacerbated price and
availability problems, causing spot shortages
of kerosene and home heating oil in the
Capital District, Long Island, and Central
regions of the state; such shortages have also
occurred in numerous states located in the
Northeast region of the country;
"Average retail prices as of
January 24, 2000, are 167.7 cents per gallon;
this is up 42.8 cents from last week's level
of 124.9 cents, an increase of 34.3 percent;
compared to the September average of
97.8 cents, prices have climbed 69.9 cents per
gallon, a gain of 71.5 percent; and
"WHEREAS, The State of New York is
vitally concerned about the recent price
increases because the current price level is
the highest ever recorded in the State, and
this has caused extreme hardship, particularly
for low- and middle-income families and the
395
elderly, living on fixed incomes;
"The temporary use of oil from the
Strategic Petroleum Reserve will increase the
supply of available crude oil, thereby easing
pricing and availability problems;
"The Low-Income Home Energy
Assistance Program is designed to assist
low-income families defray the cost of heating
their homes in winter; and
"WHEREAS, An estimated 750,000
families in New York State receive Low-Income
Home Energy Assistance Program assistance;
"The federal government maintains
an emergency reserve of Low-Income Home Energy
Assistance Program funds, in an amount of
approximately $300 million;
"The current price escalation of
home heating oil necessitates the immediate
release of such emergency funds to assist
low-income families with their heating bills;
now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to memorialize
the President of the United States to release
an emergency supply of crude oil from the
396
Strategic Petroleum Reserve; and be it further
"RESOLVED, That this Legislative
Body pause in its deliberations to memorialize
the President of the United States to release
the reserve funds held in the Low-Income Home
Energy Assistance Program; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to President Bill Clinton and Energy Secretary
Bill Richardson."
ACTING PRESIDENT MEIER: Senator
Wright.
SENATOR WRIGHT: Thank you, Mr.
President.
On the resolution, I would urge its
adoption. I don't think there's a member of
this chamber in the last three or four days
that hasn't received phone calls from his or
her constituents with their concerns being
voiced about the dramatic escalation in the
prices of heating fuel and other fuel
commodities.
I literally had one distributor
call my office indicating that on Thursday he
was notified his prices were going up 11 cents
397
a gallon, and on Friday he was notified they
were going up another 14 cents a gallon, or
25 cents literally within a 24-hour period.
And we've been able to document cost
escalations in excess of 70 percent in a
similar time frame.
That obviously has a very negative
impact, not only on low-income families,
senior citizens, individuals in rural
communities, but residents throughout this
state.
And it's not limited to the
residential impact. It's also impacting our
businesses and our economy -- small businesses
that are relying on heating fuel. Trucking
firms that deliver goods and products are
paying a higher diesel price now, escalating
rapidly within that same period of time, due
to the competition for limited product.
Yesterday afternoon in the Energy
Committee we took up the matter, met with
representatives from NYSERDA, the state's
energy arm, had a briefing and decided that
the direction to be taking was to, number one,
call upon the federal government. That's what
398
this resolution does, both from the standpoint
of moving on the issue of strategic reserves
but, equally important, releasing federal
dollars that are available to the states in
emergency situations for heating assistance.
Clearly what we've come through in
the last week is an emergency situation. The
release of those federal dollars would bring
approximately $40 million to residents of the
state of New York, helping them meet those
costs. And many of us in this room know that
we've heard from constituents who have seen
bills as high as $300 and $400 for one
delivery, twice and three times the cost of
prior deliveries.
We also will be commencing
immediately, in cooperation with Senator
Fuschillo and the Consumer Affairs Committee,
hearings into the activity relative to
pricing, why that pricing has occurred, why
the dramatic escalation, why the rapid change
in such a brief period of time, trying to get
to the bottom of why that pricing is
occurring, what is occurring within the spot
market, and at the same time looking for
399
long-term deterrents to prevent its
recurrence.
Because I need not remind people,
we are only in the third week of January. All
one has to do is look out the window today and
see that the climate and the temperature and
the conditions are going to continue to remain
very difficult here in the state of New York,
as well as the entire region.
So I appreciate the indulgence of
the chamber for bringing forth this resolution
in a very quick fashion. I appreciate the
support and encouragement of Majority Leader
Bruno and the decisive action he took in
directing the hearings.
And I look forward to working with
my colleagues and would offer that the
resolution be opened to the members of the
Senate.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, as Senator Wright so graciously
offers, why don't we open up the resolution
400
for cosponsorship. Everyone who wishes not to
be on the resolution, please inform the Chair.
ACTING PRESIDENT MEIER: The
resolution will be open to all members for
cosponsorship. Those who wish to be excluded
please notify the desk.
Senator Dollinger. I'm sorry,
Senator Montgomery.
SENATOR MONTGOMERY: I'm sorry,
you're on the resolution?
ACTING PRESIDENT MEIER: We're on
the resolution.
SENATOR MONTGOMERY: Okay, thank
you. I'll wait.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President.
I want to commend Senator Wright,
the chair of the Energy Committee, for his
decisive and quick work on this project.
I think as we heard yesterday from
our representative from NYSERDA, the
fluctuation in the price of heating oil is
frankly, to say the least, suspicious, if not
401
overwhelming in driving the notion that
someone is going to extract a very significant
profit from the marketing of home heating oil.
When I get into work on Monday
morning at my law office and my paralegal
walks up to me and says, "Can you believe I
paid 40 cents more a gallon for the delivery
of home heating oil on Saturday morning," I
think it's a sign that, quite frankly, there's
widespread concern about the price of this
commodity.
And I think there's a sufficient
basis to conclude that we ought to take a very
serious look at this and make sure that the
supplies, the delivery chain -- someone
somewhere along the line is making a very
significant profit. I would suggest this is
one of those instances when there may be a
windfall profit. We should take a very
careful look at it, both under the antitrust
laws and in our pricing laws in this state, to
make sure that because this cold snap has
come, people aren't trying to make up for
those very mild winters that we've had for the
last two or three years.
402
So I commend Senator Wright. I
think it's the right thing to do. My hope is
that we get to the bottom of this with some
speed and that we can decide whether or not
even rebates may be available to those who've
had to pay these high prices in a short period
of time. I commend the chair, and I look
forward to working with him on the resolution
of this matter.
ACTING PRESIDENT MEIER: Senator
Smith.
SENATOR SMITH: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Excuse
me. Just a second, Senator Smith.
If you have a conversation that
needs to take place, take it outside of the
chamber.
Senator Smith.
SENATOR SMITH: Okay, when we
finish the resolution.
ACTING PRESIDENT MEIER: All
right.
The question is on the resolution.
All those in favor signify by saying aye.
403
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Montgomery, why do you
rise?
SENATOR MONTGOMERY: Mr.
President, I rise to request unanimous consent
to be recorded in the negative on several of
the calendar bills: Calendar Numbers 63, 64,
67, and 72.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendar 63, 64, 67, and
72.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, it's my understanding that Senator
Alesi would like to be heard on the prior
resolution, Senator Nozzolio's resolution.
Would you recognize him, please.
ACTING PRESIDENT MEIER: Senator
Alesi.
404
SENATOR ALESI: Thank you, Mr.
President.
I know that while I was out of the
chamber on other business that Senator
Nozzolio so eloquently welcomed the young
people and those accompanying them from the
Webster High School, accompanied by our good
friend Assemblyman Koon, who also represents
the area.
But I'm glad that I had an
opportunity to rejoin the proceedings here so
that I could add my congratulations and my
message of welcome as well, because a number
of those young people also live in areas of my
district.
So you're certainly a young group
of people to look up to. We've had the
opportunity to welcome others from our area,
from Aquinas, from Fairport, and now from
Webster. So you're among a group of very
talented stars, and I wish you all the very
best as the future presents itself to you.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
405
President, may we call an immediate meeting of
the Labor Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER: There
will be an immediate meeting of the Labor
Committee in the Majority Conference Room.
Senator Smith.
SENATOR SMITH: Mr. President, I
request unanimous consent to be recorded in
the negative on Calendar Number 72.
ACTING PRESIDENT MEIER: Without
objection, Senator Smith will be recorded in
the negative on Calendar 72.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, might we also announce that there
will not be a meeting of the Codes Committee
called at this time. Their business has been
cleared, so there will not be a meeting of
Codes.
ACTING PRESIDENT MEIER: Codes
Committee will not meet as previously
announced.
Senator Marcellino.
SENATOR MARCELLINO: Is there any
406
housekeeping at the desk, Mr. President?
ACTING PRESIDENT MEIER: We have
a motion.
Senator Seward.
SENATOR SEWARD: Yes, Mr.
President.
I move that the following bills be
discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause: Senate Numbers 678,
1291, 2984, 3693, 4130, 4607, 4894, 5260, and
6004.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR SEWARD: And on behalf of
Senator Maltese, Mr. President, I move that
the following bill be discharged from its
respective committee and be recommitted with
instructions to strike the enacting clause.
And that Senate Number being 794.
ACTING PRESIDENT MEIER: So
ordered.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, may we please return to the reports
407
of standing committees. I believe you have a
report of the Finance Committee at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills:
Senate Print 6200, by Senator
Morahan, an act to amend the Executive Law;
And 6325, by Senator Volker, an act
to amend the Executive Law.
Senator Marcellino, from the
Committee on Environmental Conservation,
reports the following bills:
Senate Print 773, by Senator
Stafford, an act to amend the Environmental
Conservation Law;
775, by Senator Stafford, an act to
amend the Environmental Conservation Law;
1917, by Senator Farley, an act to
amend the Environmental Conservation Law;
4134A, by Senator Marcellino, an
act to amend the Environmental Conservation
Law;
408
4151, by Senator Marcellino, an act
to repeal Title 17 of Article 23;
5404, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
5878, by Senator Marcellino, an act
to amend Chapter 548 of the Laws of 1995;
And 6137, by Senator Marcellino, an
act to amend the Environmental Conservation
Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, I believe that there are some
nominations or appointments for confirmation
at the desk. If we could move those
appointments.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations:
409
As a member of the Workers'
Compensation Board, Candace Kellogg Finnegan,
of Garrison.
SENATOR MARCELLINO: Move
nomination.
ACTING PRESIDENT MEIER: The
question is on the nomination of the
appointment of Candace Kellogg Finnegan, of
Garrison, as a member of the New York State
Workers' Compensation Board. All those in
favor -- I'm sorry.
Senator Leibell.
SENATOR LEIBELL: Thank you, Mr.
President. And I know everyone is under
pressure to move these things because of the
weather. But I did want to briefly comment
that once again, we're very pleased that the
Governor has sent us such a fine nomination.
And I would note that Senator Spano
had hoped to be here, but he chairs very well
and very effectively our Senate Labor
Committee, which is in committee right now, so
he asked me to comment also.
But I've had the good fortune to
know Candace and her family over the course of
410
quite a few years now, and she is particularly
well qualified to fill this position. For
anyone who has had a chance to take a look at
her resume and see the things she has done
throughout her life, she's well qualified by
virtue of her experience professionally, her
education, and certainly by disposition.
So we are very fortunate to have
Candace Finnegan for this position, and I'd
like to move the nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Candace
Kellogg Finnegan as a member of the Workers'
Compensation Board. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Mrs. Finnegan, on behalf of the
Senate, we congratulate you and wish you well
with your important duties.
(Applause.)
411
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
I'm sorry. Senator Marcellino.
SENATOR MARCELLINO: That's okay.
Read.
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
the State Commission of Correction, Daniel B.
Reardon, of Ilion.
SENATOR MARCELLINO: Move the
nomination at this time. Also I'd like to
request that the Chair recognize Senator
Seward for purposes of a second.
ACTING PRESIDENT MEIER: Senator
Seward.
SENATOR SEWARD: Thank you, Mr.
President. I'm delighted to stand to second
the nomination of Dan Reardon to be a member
of the State Commission of Corrections.
Dan Reardon is very uniquely
qualified to assume this post. He has an
extensive background in county government in
Herkimer County, serving in various capacities
there, including Executive Director of the
412
Office for the Aging as well as the head of
the Youth Bureau and as Energy Coordinator.
So he has had experience in county government,
which is so important as a member of this
commission in relating to counties.
He also has a broad background in
law enforcement, serving as a county sheriff
in Herkimer County, as Chief of Investigations
for the State Attorney General's office, and,
most recently, as a member of the State Parole
Board.
So there's no question that the
Governor has made an outstanding choice in Dan
Reardon to be a member of the State Commission
of Corrections. I've known Dan personally for
many, many years, and I can personally attest
to his character and background.
So I stand to second the
confirmation of Dan Reardon and to offer Dan
and his family, who is in the gallery, my
congratulations.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Daniel B.
Reardon as a member of the State Commission of
Correction. All those in favor signify by
413
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is unanimously confirmed.
Daniel Reardon is with us in the
gallery today. He's accompanied by his wife,
Joan; his daughters, Katie and Lizzy; and his
sister, Kathy.
Dan, on behalf of the Senate,
congratulations and best wishes with your
duties.
(Applause.)
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, may we move the next nomination.
And subsequent to its reading, I would like
the Chair to recognize Senator DeFrancisco,
for purposes of a second.
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As a member of
414
the State Board of Parole, Patricia R. Tappan,
of Baldwinsville.
SENATOR DeFRANCISCO: I'm proud
to rise in seconding the nomination of
Patricia Tappan for this very important
position as a member of the State Board of
Parole.
I have to look at my sheets,
because she's held so many positions, both
locally and at the state level, I'm not quite
sure which position she's going to hold next.
She has a great background in the
criminal justice system, not only her former
position as Commissioner of Corrections here
at the state level, but that similar position
at the local level in Onondaga County. She
actually at one time was also the Education
Coordinator for the New York State Division
for Youth.
So she knows the problems that
young people have. And since most of the
prison population is young people, she knows
them from the corrections standpoint, and
she's going to be an incredible asset to the
Department of Parole.
415
And with her also is Hal Brown, our
Assemblyman, who's also very proud of her.
And he's present to also show his support for
this outstanding nomination by the Governor.
And best of luck in your next
appointment.
ACTING PRESIDENT MEIER: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you. I
too am pleased to be able to rise and second
the nomination of Patricia Tappan for
commissioner of parole.
We are very proud of her in
Onondaga County. She was the -- one of the
first-in-the-state director of a county
correctional facility, and served for many
years in a very distinguished capacity as
director. She was trusted and admired by
people in and out of law enforcement, and even
the inmates thought that she did a good job.
She is capable of speaking in two
languages, English and Spanish. She is
eminently qualified to fill a very important
position in the Department of Parole as one of
its commissioners.
416
This is a grueling job, my friends.
It's not an easy task to undertake. We are in
a growth industry here in corrections in New
York State. And with 70,000 inmates, many of
them have parole hearings in the far reaches
of the state. And the parole commissioners
spend long days driving to and from these
facilities, sometimes staying in little motels
in places like the North Country, where we
have some of our prisons located far away from
urban centers.
It is hardly a glamorous position.
But I am proud of the fact that we have one of
the most capable people, somebody who could be
doing many things, I'm sure, and someone who
is willing to undertake this arduous task.
I'm convinced that the Corrections Department
and the inmates and indeed the general
population of the State of New York will be in
better hands with Commissioner Tappan as a
parole commissioner.
Congratulations.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Patricia
Tappan as a member of the New York State Board
417
of Parole. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Patricia Tappan is with us in the
gallery today. She is accompanied by her
husband, John.
And we wish you well with your
appointment, and good luck in the future with
your duties.
(Applause.)
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
THE SECRETARY: As members of the
Veterans Affairs Commission, Herman G.
Harrington, of Rensselaer, and William E.
O'Malley, of Niskayuna.
SENATOR MARCELLINO: Move
confirmation.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Herman G.
418
Harrington and William E. O'Malley as members
of the Veterans Affairs Commission. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominees are confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Continuing Care Retirement Community
Council, Robert M. Chur, of Clarence.
SENATOR MARCELLINO: Move the
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Robert M.
Chur as a member of the Continuing Care
Retirement Community Council. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
419
ACTING PRESIDENT MEIER: The
nominee is confirmed.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, do you have a report of the Codes
Committee to be read?
ACTING PRESIDENT MEIER: Yes, we
do.
SENATOR MARCELLINO: Will you
please read it.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Volker,
from the Committee on Codes, reports the
following bill direct to third reading:
Senate Print 6362, by Senator Lack, an act to
amend Chapter 83 of the Laws of 1995.
ACTING PRESIDENT MEIER: Without
objection, the bill will go directly to third
reading.
Senator Marcellino.
SENATOR MARCELLINO: If you could
hold for one second.
ACTING PRESIDENT MEIER: The
420
Senate will stand at ease for just a second.
SENATOR MARCELLINO: Mr.
President.
ACTING PRESIDENT MEIER: Senator
Marcellino.
SENATOR MARCELLINO: Mr.
President, there being no further business to
come before the Senate, I move we adjourn
until Monday, January 31st, at 3:00 p.m.,
intervening days to be legislative days.
And everybody have a safe trip
home.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Monday, January 31st, at 3:00 p.m.
Intervening days will be legislative days.
(Whereupon, at 12:08 p.m., the
Senate adjourned.)