Regular Session - February 29, 2000
826
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 29, 2000
3:16 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
827
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.)
THE PRESIDENT: In the absence of
clergy, may we all bow our heads in a moment
of silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, February 28th, the Senate met pursuant
to adjournment. The Journal of Friday,
February 25th, was read and approved. On
motion, Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
828
Messages from the Governor.
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 Workers'
Compensation Board, Scott Craig Firestone,
Esquire, of Northport.
SENATOR STAFFORD: Madam
President.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: It's a
pleasure to yield to Senator Lack.
THE PRESIDENT: Senator Lack.
SENATOR LACK: Thank you, Madam
President.
I rise to second the nomination of
Scott Firestone as a member of the Workers'
Compensation Board. Scott is an attorney who
lives in my district. He's been a partner
with his father in Firestone & Firestone for
ten years, until approximately two years ago,
when he became deputy supervisor of the Town
of Huntington, in which he has been very
829
instrumental in the day-to-day operations of a
town with a $150 million budget and a town
whose credit rating has dramatically improved
over the last couple of years.
And I'd like to congratulate the
Governor on a very good appointment to a board
that needs very good appointments. And Scott,
as an attorney, in terms of his management
ability, becoming a member of the Workers'
Compensation Board will certainly be a plus
for that organization.
And although we're sorry to lose
him as deputy supervisor of the Town of
Huntington, we certainly encourage his ability
to move up and become a member of a statewide
board, particularly the Workers' Compensation
Board, and his ability to help people in that
endeavor.
So, Scott, congratulations to you.
And we certainly wish you a very good tenure
as a member of the board.
THE PRESIDENT: The question is
on the confirmation of Scott Firestone as a
member of the Workers' Compensation Board.
All in favor signify by saying aye.
830
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
And I'd like to acknowledge the
presence of Scott Firestone, with his father,
in the gallery, and congratulate you and wish
you well in your new position.
(Applause.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Social Services Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Social Services
Committee in the Majority Conference Room.
The Secretary will read.
THE SECRETARY: As a member of
the Empire State Plaza Art Commission, Judith
A. Barnes, Ph.D., of Troy.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
831
THE PRESIDENT: The question is
on the confirmation of Judith A. Barnes,
Ph.D., as a member of the Empire State Plaza
Art Commission. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the Board of Directors of the Great Lakes
Protection Fund, Gerald F. Mikol, of Orchard
Park.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Gerald F. Mikol as a
member of the Board of Directors of the Great
Lakes Protection Fund. All in favor signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
832
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
Board of Visitors of the Elmira Psychiatric
Center, Floyd R. Haff, of Cohocton; Patricia
Lucas, of Elmira; and Judith H. Phillips, of
Watkins Glen.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Floyd R. Haff, Patricia
Lucas, and Judith H. Phillips as members of
the Board of Visitors of the Elmira
Psychiatric Center. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
833
Board of Visitors of the Agricultural and
Industrial School at Industry, Robert J.
Burns, of Rochester; Joseph C. Pilato, of
Penfield; and John R. Rosati, of Rochester.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Robert J. Burns, Joseph
C. Pilato, and John R. Rosati as members of
the Board of Visitors of the Agricultural and
Industrial School at Industry. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
Board of Visitors of the Rochester Psychiatric
Center, Hilda E. Escher, of Rochester, and
George Follett, of Albion.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
834
confirmation.
THE PRESIDENT: The question is
on the confirmation of Hilda E. Escher and
George Follett as members of the Board of
Visitors of the Rochester Psychiatric Center.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: Senator McGee,
from the Committee on Alcoholism and Drug
Abuse, reports:
Senate Print 183, by Senator Alesi,
an act to amend the Vehicle and Traffic Law;
1214, by Senator Velella, an act to
amend the Vehicle and Traffic Law;
1432, by Senator Johnson, an act to
amend the Vehicle and Traffic Law;
2451, by Senator McGee, an act to
amend the Vehicle and Traffic Law;
3243, by Senator Kuhl, an act to
amend the Alcoholic Beverage Control Law;
835
3404, by Senator Wright, an act to
amend the Vehicle and Traffic Law;
3874A, by Senator McGee, an act to
amend the Alcoholic Beverage Control Law;
4620A, by Senator McGee, an act to
amend the Alcoholic Beverage Control Law;
And 6517, by Senator Fuschillo, an
act to amend the Alcoholic Beverage Control
Law.
Senator Fuschillo, from the
Committee on Consumer Protection, reports:
96B, by Senator Alesi, an act to
amend the General Business Law;
896A, by Senator Marcellino, an act
to amend the General Business Law;
1326C, by Senator Marcellino, an
act to amend the General Business Law and the
Public Health Law;
1893, by Senator Padavan, an act to
amend the General Business Law;
5284, by Senator Fuschillo, an act
to amend the General Business Law.
Senator Lack, from the Committee on
Judiciary, reports:
Senate Print 709, by Senator
836
DeFrancisco, an act to amend the Surrogates
Court Procedure Act;
907, by Senator Skelos, an act to
amend the General Obligations Law;
4686, by Senator Lack, an act to
amend the Family Court Act;
6502, by Senator Lack, an act to
amend the Real Property Law;
And 6555, by Senator Lack, an act
to amend the New York City Civil Court Act.
Senator Padavan, from the Committee
on Cities, reports:
Senate Print 6479, by Senator
Padavan, an act to amend Chapter 890 of the
Laws of 1982;
And 6508, by Senator Padavan, an
act to amend the General Municipal Law.
Senator Rath, from the Committee on
Local Government, reports:
Senate Print 924B, by Senator
Meier, an act to amend the Real Property Tax
Law;
1590A, by Senator Johnson, an act
to amend the Real Property Tax Law;
2013, by Senator Spano, an act to
837
amend the Real Property Tax Law;
6133A, by Senator Seward, an act to
amend the General Municipal Law;
6469, by Senator DeFrancisco, an
act to amend the County Law;
And 6589, by Senator McGee, an act
to amend Chapter 540 of the Laws of 1992.
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Print 561, by Senator
Fuschillo, an act to amend the Vehicle and
Traffic Law;
562A, with amendments, by Senator
Fuschillo, an act to amend the Vehicle and
Traffic Law;
790, by Senator Goodman, an act to
amend the Vehicle and Traffic Law;
908, by Senator Bruno, an act to
amend the Vehicle and Traffic Law;
977A, by Senator Johnson, an act to
amend the Vehicle and Traffic Law;
1020, by Senator Skelos, an act to
amend the Vehicle and Traffic Law;
1076A, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law;
838
3278, by Senator Trunzo, an act in
relation to requiring the Commissioner of
Motor Vehicles;
5561, by Senator Trunzo, an act in
relation to requiring the Governor's Traffic
Safety Committee;
909, by Senator Bruno, an act to
amend the Vehicle and Traffic Law;
And 4753, with amendments, by
Senator Trunzo, an act to amend the Vehicle
and Traffic Law.
Senator Marchi, from the Committee
on Corporations, Authorities and Commissions,
reports:
Senate Print 1273, by Senator Kuhl,
an act to amend the New York State Urban
Development Corporation Act;
3906, by Senator Bonacic, an act to
amend the Public Authorities Law;
3907B, by Senator Bonacic, an act
to amend the Public Authorities Law;
4622, by Senator Marchi, an act to
amend the Public Authorities Law and the
Environmental Conservation Law;
4624, by Senator Marchi, an act to
839
amend the Public Authorities Law;
6270, by Senator LaValle, an act to
amend the Public Authorities Law;
6288, by Senator Libous, an act to
amend the Public Authorities Law;
And 6427, by Senator Padavan, an
act to amend the Public Authorities Law.
Senator Kuhl, from the Committee on
Education, reports:
Senate Print 1553A, by Senator
Kuhl, an act to amend the Education Law;
1639A, with amendments, by Senator
Marchi, an act to amend the Education Law and
the Vehicle and Traffic Law;
2618, by Senator Marchi, an act to
amend the Education Law;
2752, by Senator Saland, an act to
authorize the City School District of the City
of Poughkeepsie;
3268, by Senator Saland, an act to
authorize the apportionment of state building
aid;
6315, by Senator Leibell, an act to
legalize, ratify, and confirm;
And 6681, by Senator Kuhl, an act
840
to amend the Education Law and the Penal Law.
Senator DeFrancisco, from the
Committee on Tourism, Recreation and Sports
Development, reports:
Senate Print 4385, by Senator
DeFrancisco, an act to amend Chapter 912 of
the Laws of 1920;
4416A, by Senator DeFrancisco, an
act to amend the Parks, Recreation and
Historic Preservation Law;
And 4417, by Senator DeFrancisco,
an act to amend the Parks, Recreation and
Historic Preservation Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MORAHAN:
Without objection, all bills reported direct
to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Hevesi.
SENATOR HEVESI: Thank you, Mr.
President. I move that the following bills be
841
discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause: Senate Print 6597.
ACTING PRESIDENT MORAHAN: So
ordered.
SENATOR HEVESI: Thank you.
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could adopt the Resolution Calendar at
this time.
ACTING PRESIDENT MORAHAN: All in
favor of adopting the Resolution Calendar will
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, say nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe there's a privilege resolution at the
desk by -
ACTING PRESIDENT MORAHAN: By
842
Senator Hannon?
Senator Stachowski.
SENATOR STACHOWSKI: Mr.
President, I know that we don't do this, but
if we could, I would say that I'd like to
welcome some female athletes from the
University of Buffalo that are joining us that
have never been here before.
But I know since we don't do that,
I won't. But I'd like to offer to welcome
them to the floor anyway.
ACTING PRESIDENT MORAHAN: Well,
I'm just glad you didn't.
(Laughter.)
SENATOR SKELOS: Mr. President,
there's a privilege resolution at the desk by
Senator Hannon. I ask that it be read in its
entirety and move for its immediate adoption.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Legislative
resolution by Senator Hannon honoring the
recipients of the New York State "Innovations
in Breast Cancer Research and Education"
Awards for their dedication and contributions
843
to breast cancer research and awareness.
"WHEREAS, Breast cancer is a
substantial public health problem in the
United States and, as many recent studies
point out, in New York State particularly; and
"WHEREAS, Approximately 175,000
Americans are diagnosed with breast cancer
each year, early detection offers the best
chance for overcoming the disease and provides
more options for treatment; and
"WHEREAS, New York State is a
leader in providing research and education on
breast cancer as well as care of women with
breast cancer. Among its many initiatives is
the Innovation in Breast Cancer Early
Detection and Research Awards Program which
recognizes, rewards, and promotes innovation
in breast cancer prevention, early detection,
and research by dedicated health
professionals, consumers, nonprofit
organizations, and other candidates.
"This Legislative Body is proud to
commend Karen Christensen, of Utica, New York,
recipient of the 'Breast Cancer Survivor'
Award.
844
"The recipient of the 'Health
Professional' Award, Paul C. Stomper, M.D.,
serves as Director of the Mammography Center
at Roswell Park Cancer Institute in Buffalo,
New York. And
"WHEREAS, The 'Nonprofit
Organization' Award was bestowed upon the
Western Regional Office of the American Cancer
Society in Amherst, New York.
"In addition to these awards, the
New York State Health Department has opened
the Gallery of Courage, an exhibit that
recognizes one courageous breast cancer
survivor from each county across the state of
New York. These brave women are living
testimony that women can beat breast cancer
and live a productive life when the disease is
detected and treated early. And
"WHEREAS, The Gallery of Courage
can help alleviate the fears that some women
have, while motivating others to cope with
their diagnosis and seek appropriate health
care to fight the disease.
"New York State has also shown its
commitment through the Health Department's
845
Healthy Women Partnership Program. 53 HWPs
provide breast and cervical cancer screening
services to low-income or uninsured women in
every county in New York State. And
"WHEREAS, Furthermore, while all
these initiatives foster research and proper
care, they also celebrate life and highlight
the need to educate both the public and health
care providers about the importance of early
breast cancer detection. Now, therefore, be
it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor the
recipients of the New York State 'Innovations
in Breast Cancer Research and Education'
Awards for their dedication and contributions
to breast cancer research and awareness; and
be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to Karen Christensen, Dr. Paul C. Stomper, and
the Western Regional Office of the American
Cancer Society."
ACTING PRESIDENT MORAHAN:
Senator Hannon. Do you wish to be recognized,
846
Senator?
SENATOR HANNON: Please move the
resolution.
ACTING PRESIDENT MORAHAN: The
question is on the resolution. All those in
favor say aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN:
Opposed, say nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
resolution passes.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could have the noncontroversial reading
of the calendar, please.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
74, by Senator Skelos, Senate Print 968, an
act to amend the Insurance Law, in relation to
policy coverage.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
847
act shall take effect on the 180th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
86, by Senator Skelos, Senate Print 1132A, an
act to amend the Education Law, in relation to
drug testing of certain pupils.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect in 180 days.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
171, by Senator Saland, Senate Print 1012, an
act to amend the Criminal Procedure Law and
the Executive Law, in relation to authorizing
848
a court to file.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
October.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MORAHAN: The
bill is passed.
I'm sorry, Senator Duane.
SENATOR DUANE: To explain my
vote.
ACTING PRESIDENT MORAHAN:
Explain your vote, sir.
SENATOR DUANE: Thank you very
much.
I very much agree with this
legislation and that we would keep a
computerized registry both of related and
nonrelated individuals who have been involved
in domestic violence. But I don't understand
why it is that we can support setting up and
849
expanding this registry and yet there's such a
great resistance to setting up a way to report
and document bias-related crimes.
If we can set up this registry, I
fail to see why it is that we can't direct the
State Police and other law enforcement
agencies across the state to have hate crimes
reported to them and to have those hate crimes
documented so that we can work to make hate
crimes disappear from our state.
So while I applaud this
legislation, I think it only shows the
enormous lack of response that we have in this
body to setting up a reporting system which
could lead to the end of hate crimes in our
state.
I vote yes.
ACTING PRESIDENT MORAHAN:
Senator, you will be recorded in the
affirmative.
Calendar 141 is passed -- 171, I'm
sorry. 171.
THE SECRETARY: Calendar Number
174, by Senator Johnson, Senate Print 1589,
an act to amend the Penal Law, in relation to
850
criminal contempt.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
178, by Senator Saland, Senate Print 4332, an
act to amend the Penal Law, in relation to
custodial interference.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
851
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
180, by Senator Skelos, Senate Print 2622, an
act to amend the Education Law, in relation to
notification to parents.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MORAHAN: Lay it
aside.
THE SECRETARY: Calendar Number
193, by Senator Trunzo, Senate Print 4251, an
act to amend the Vehicle and Traffic Law, in
relation to special hauling permits.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
852
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
194, by Senator Trunzo, Senate Print 4409, an
act to amend the Vehicle and Traffic Law, in
relation to dimensions and weights of
vehicles.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
206, by Senator Skelos, Senate Print 1075, an
act to amend the Social Services Law and the
Family Court Act, in relation to proof of a
neglected or abused child.
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT MORAHAN: The
853
bill is laid aside for the day.
THE SECRETARY: Calendar Number
244, by Senator Nozzolio, Senate Print 642, an
act to amend the Correction Law in relation to
requiring inmates.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
254, by Senator Hannon, Senate Print 813 -
SENATOR HANNON: Lay it aside.
ACTING PRESIDENT MORAHAN: Lay it
aside.
THE SECRETARY: Calendar Number
271, by Senator Goodman, Senate Print 1101, an
act to amend the Transportation Law, in
relation to increasing penalties.
ACTING PRESIDENT MORAHAN: Read
the last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MORAHAN: Lay it
aside.
That completes the reading of the
noncontroversial calendar.
Senator Skelos.
854
SENATOR SKELOS: Mr. President,
if we could take up the controversial
calendar.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
180, by Senator Skelos, Senate Print 2622, an
act to amend the Education Law, in relation to
notification to parents.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
September.
ACTING PRESIDENT MORAHAN: Call
the roll.
THE SECRETARY: Ayes, 54.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
244, by Senator Nozzolio, Senate Print 642, an
act to amend the Correction Law, in relation
to requiring.
SENATOR DUANE: Explanation.
ACTING PRESIDENT MORAHAN: Please
855
wait for the Senator to enter the chamber.
Senator Nozzolio, an explanation
has been requested for your bill, Calendar
244.
SENATOR NOZZOLIO: Thank you, Mr.
President. Who requested the explanation?
ACTING PRESIDENT MORAHAN:
Senator Duane.
SENATOR NOZZOLIO: Is Senator
Duane in the chamber? I don't see him in his
seat.
ACTING PRESIDENT MORAHAN: Yes.
Senator Duane, you want to ask for
an explanation?
SENATOR NOZZOLIO: I'd be happy
to explain the measure.
Senate Bill 642 amends the
Correction Law, requiring the inmates in state
correctional facilities to make copayments for
medical services that they receive. Those
copayments are required of every single
employee in the state correctional system as
well as every single employee in the state
system.
We're saying, very simply, that
856
there should not be a double standard, one for
those who are working for a living and another
for those who are incarcerated in state
correctional facilities.
For chronic conditions, for chronic
care, if it's necessary, this copayment would
not apply. Emergency care would not be denied
under this legislation. What we're simply
saying is that those inmates who are using
sick call as a hobby, to avoid work, to avoid
other things, need to be given a strong
message that the state taxpayers will not
continually fund this type of recreational
activity that is engaged in to avoid other
responsibilities in prison.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Paterson.
SENATOR PATERSON: Mr. President,
if Senator Nozzolio would yield for a
question.
ACTING PRESIDENT MORAHAN:
Senator Nozzolio, do you yield?
SENATOR NOZZOLIO: Yes, Mr.
857
President, I'd be happy to yield to Senator
Paterson.
ACTING PRESIDENT MORAHAN: The
Senator yields.
SENATOR PATERSON: Thank you,
Senator.
What studies or information that
you have would demonstrate how the money that
taxpayers pay is in a sense being used on what
would be frivolous claims of illness? And
additionally, where would you see the money
spent? On what program, let's say, if we can
cut this expenditure down?
SENATOR NOZZOLIO: Mr. President,
there certainly is adequate evidence to say
that inmates in our prison system are -- some
inmates -- not all inmates, but some inmates
in our prison system are utilizing the sick
call as a way to avoid other responsibilities.
The requirement that we're putting
forth, to answer directly Senator Paterson's
question, is a requirement that's not unique
in our nation. Currently it is employed in
other states such as California, Connecticut,
Ohio, Pennsylvania, and New Jersey. And in
858
those states, there is no discernible
difference between the health care of their
prisoners versus the health care of ours.
That requirement in our state is
simply a requirement, we believe, to put us in
parity with large states that have taken these
steps. That the -- I think the evidence needs
to be incumbent on those who oppose this
measure to show me why, in the states I
mentioned -- California, Connecticut, Ohio,
Pennsylvania, New Jersey -- why those inmates
receive any discernible difference in their
health care versus inmates in our state.
The last part of Senator Paterson's
question I think is an extremely important
one. Where would revenue go that was saved?
I think Senator Paterson and others who
support programs in our correctional
facilities know that those programs are too
few and too far between, that certainly
resources employed by the Correctional
Department for frivolous health care claims
are diverted from meaningful programs,
meaningful programs for the rehabilitation of
those who are incarcerated.
859
That's why this measure makes all
the dollars and sense in the world, and that's
why I move its adoption.
ACTING PRESIDENT MORAHAN:
Senator Paterson.
SENATOR PATERSON: First of all,
Mr. President, I'd like to thank Senator
Nozzolio for a pretty supplementary answer to
my question. And he made some good points.
But I think that if we were going
to cut costs, you know, excessive telephone
bills from inmates or real frivolous types of
endeavors I think might be a good way to
start.
But I am just very apprehensive
with questioning what would be the health
care -- in other words, I think if an inmate
made three claims based on some illness and
the medical personnel found that they really
weren't ill, I think that might be something
to take up in a disciplinary sense.
I'm just, at this time, a little
too apprehensive about someone claiming to be
ill and perhaps holding back -- you know, one
of the problems we have with the uninsured
860
right now is because of the payment. They
don't show up to the hospital until the
illness is quite serious. I wouldn't want to
see that happen anywhere, even to people who
have violated the law and are being
incarcerated in one of our state institutions.
So I would encourage my colleagues not to vote
for this.
However, the measure of cutting
costs is always one that we should take a look
at, and I'd suggest there are probably some
other areas where we could accomplish this.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. On the bill.
ACTING PRESIDENT MORAHAN:
Senator Duane, on the bill.
SENATOR DUANE: I have spoken out
repeatedly on this whole trend towards forcing
incarcerated people to pay copayments. First
of all, while it is true that many New Yorkers
pay copayments, including those who work in
the criminal justice system and in our
861
correctional institutions, they actually have
a choice of who their health care providers
would be.
Incarcerated people have no choice.
They can only see the medical personnel in the
institution or are totally dependent on their
referrals to contracted institutions and
hospitals, et cetera.
I know from my own experience of
looking into health care that much of the
health care in our correctional facilities is
frankly abysmal, ranging from misdiagnoses to
the one recent case of a woman who needed to
have a biopsy of her breast and had the wrong
breast biopsied, and yet the correctional
medical personnel continued to insist that
they biopsied the correct breast and yet now
they are going to -- or they're trying to
biopsy the other breast, but the incarcerated
woman appropriately doesn't want to have to go
to the same doctor who made the original
decision.
So if there is no choice in medical
care provider, then there should be no
mandatory payment if you have no choice.
862
I also believe that this raises
enormous problems having to do with the funds
that inmates have in their accounts, how this
money is taken from their accounts, what
happens to them while the money in their
accounts is frozen while the copayment is
being worked out.
We don't know whether or not -
while this may cause a reduction in what I
think is probably a very small percentage of
unnecessary health care visits to medical
facilities, how many inmates may now not get
the care that they need because of this?
I also know of many inmates, and I
know some of my colleagues have also spoken to
inmates, not all of whom could possibly be
lying about this situation, where they are
often left in their cells in great pain,
unable to see a health care provider. This
goes on every day in our correctional
facilities.
I think that if we focused on
improving health care in our facilities and
less on trying to eke small amounts of dollars
from people who are already incarcerated, we
863
would do a lot more good for people who are
incarcerated in the state of New York.
I urge my colleagues to vote no.
ACTING PRESIDENT MORAHAN:
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, can we read the last section on
this bill for the purposes of allowing Senator
Mendez to cast her vote.
ACTING PRESIDENT MORAHAN: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
SENATOR MENDEZ: No.
SENATOR MARCELLINO: Withdraw the
roll call, please.
ACTING PRESIDENT MORAHAN: The
roll call is withdrawn.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I would like to ask the sponsor if
he would yield for a couple of questions I
864
have.
ACTING PRESIDENT MORAHAN:
Senator Nozzolio, do you yield?
SENATOR NOZZOLIO: Yes, Mr.
President.
SENATOR MONTGOMERY: Thank you,
Senator Nozzolio.
Senator, I wanted to ask you, first
of all, there's a -- last year, I believe,
Corrections reported that they received about
$25 million in some sort of an arrangement
that they have to receive part of the cost of
telephone calls that families -- or that
inmates are required to pay, via their
families, for telephone calls. And that this
funding is supposed to be for -- to be used by
Corrections for health services.
Are you familiar with that and what
happens, actually, to that money?
SENATOR NOZZOLIO: Yes, Mr.
President. In response to Senator Mendez's
question -- the Senator's question, that much
of the funding, Senator, comes from those
telephone calls made and rebates back from the
phone companies that provide those services.
865
A large chunk of those funds, if not virtually
all of those funds, are earmarked for inmate
programs, including things that are not so
palatable to my constituents, like cable
television for inmates.
Some of those funds go to other
programs that are extremely worthwhile, to
rehabilitate inmates, to work on those
particular substance-abuse problems that
inmates have come across. So there's a
portion of those monies that are going to a
very good purpose.
That in terms of inmate health,
though, we have a broader responsibility to
provide any inmate that is sick with health
care. And whether or not that is part of this
program monies that you referred to, Senator,
I don't believe it is.
That, Senator Montgomery, the
measures are funded by the general fund in the
Corrections Department budget -- the doctors,
the nursing care, the other medical procedures
and prescription drugs, medicines that may be
required, are all part of the corrections
budget and go out of the general fund revenues
866
that our taxpayers pay.
And part of this copayment, I want
to make it very clear that the purpose of this
copayment -- if you go into any of our medical
facilities in prison, chances are you'll see a
long line, you'll see many inmates who need
health care, and you'll see a portion who
don't. And what we're trying to do is
mitigate those who don't, because they're
diverting resources from those inmates that do
need health care in prison.
SENATOR MONTGOMERY: Mr.
President.
ACTING PRESIDENT MORAHAN:
Senator Montgomery.
SENATOR MONTGOMERY: If Senator
Nozzolio would continue to yield.
ACTING PRESIDENT MORAHAN:
Senator, do you continue to yield?
SENATOR NOZZOLIO: Yes, Mr.
President.
ACTING PRESIDENT MORAHAN: The
Senator continues to yield.
SENATOR MONTGOMERY: Senator, I'm
just looking at this legislation. And what
867
provision is there for waiving the copayment
for someone who actually does not -- is not
able to pay it?
SENATOR NOZZOLIO: It -- the
payment itself is assessed, Senator
Montgomery, after the visit takes place. So
that it is clear, first of all, to the medical
personnel and the staff that this payment
is -- comes into place after the treatment is
given. It's assessed to the inmate account.
Now, each inmate of the 28,000 or
so -- excuse me, of the 70,000 or so inmates
in our state correctional facilities across
New York, each has a separate inmate account.
If they work, their monies go into it. If
they have personal funds on their own, that
those go into it. But each of those accounts
is under the stewardship and fiduciary
responsibility of the State of New York.
That an inmate would not be refused
treatment if they didn't make the copay. In
fact, the copay would not be assessed until
after the visit took place.
If there is -- if there are not
sufficient funds, lines 15 of the measure come
868
into place, on page 1: Should an inmate not
have sufficient funds in his account to cover
the charges, then his account shall be frozen
pending receipt of such funds sufficient to
pay their obligation.
We're not talking about $7,000 or
even $700 or even $70, we're talking about $7
per visit. It's a copayment. It's not -- yet
the savings to the taxpayers because of this
copayment would be significant across the
state.
So there is a provision -- to
answer your question, there is a provision
that says that the inmate does not pay until,
in fact, he has the funds or she has the funds
in their account.
SENATOR MONTGOMERY: Senator
Nozzolio, if you will -
ACTING PRESIDENT MORAHAN: Does
the Senator continue to yield?
SENATOR NOZZOLIO: Yes, Mr.
President, I'd be glad to yield.
ACTING PRESIDENT MORAHAN: The
Senator continues to yield.
SENATOR MONTGOMERY: Thank you.
869
The inmates primarily, assuming that they are
using their account where their earnings are
deposited, whatever the earnings might be,
what are those earnings, Senator Nozzolio?
What's the average earning of an inmate for a
day's work in the prison?
SENATOR NOZZOLIO: I don't have
the answer to Senator Montgomery's question,
Mr. President.
ACTING PRESIDENT MORAHAN: Thank
you, Senator.
Senator Montgomery.
SENATOR MONTGOMERY: All right.
Senator Nozzolio, then let me ask -
ACTING PRESIDENT MORAHAN: Excuse
me, Senator. Do you wish the Senator to
yield?
SENATOR MONTGOMERY: Yes, I wish
to continue, if he could continue to yield.
ACTING PRESIDENT MORAHAN:
Senator, do you continue to yield?
SENATOR NOZZOLIO: Yes, Mr.
President.
SENATOR MONTGOMERY: All right,
thank you.
870
ACTING PRESIDENT MORAHAN: The
Senator yields.
SENATOR MONTGOMERY: Senator, how
does the copayment of $7 for an inmate compare
to a copayment of a Medicaid recipient on the
outside? Is that the same, $7?
SENATOR NOZZOLIO: Mr. President,
let me answer Senator Montgomery's question in
this fashion: That I am not sure what if any
copayments there are for all Medicaid patients
in all types of services and provisions. I
know we are requiring some and increasingly
asking for many more copayments for Medicaid
recipients.
The number that we chose, the $7
fee, was related because that's the same
amount, Senator Montgomery, that other state
employees who work in the very facilities that
are being in question here, correctional
employees, under their state insurance plan,
would have to pay a $7 copayment.
So most of the insurance companies
are providing even -- the for-profit and
not-for-profit are both requiring copayments.
And we took this as the state insurance -
871
state employee health insurance model for the
same type of amount of copayment.
SENATOR MONTGOMERY: Okay. My
last question, Mr. President -
ACTING PRESIDENT MORAHAN:
Senator Montgomery.
SENATOR MONTGOMERY: -- to
Senator Nozzolio, did you -
ACTING PRESIDENT MORAHAN:
Senator, do you continue to yield?
SENATOR NOZZOLIO: Yes, Mr.
President.
ACTING PRESIDENT MORAHAN: The
Senator continues to yield.
SENATOR MONTGOMERY: Thank you
for your patience, Senator.
Just lastly, do we have some idea
of -- you say that you're saving taxpayers
money. Do you have some idea of what you
anticipate that we might be looking to save
with your bill?
SENATOR NOZZOLIO: Senator
Montgomery, New York spends approximately
$121 million a year on prison health services.
That's $2,000 per inmate. Those states that I
872
mentioned -- California, New Jersey,
Connecticut, Ohio, Pennsylvania, Nevada -
their success rate has said, by establishing a
copayment, that they have reduced inmate
responses to sick call by upwards of
76 percent.
If we extrapolate 76 percent with
120 million, I think you could do the math
very quickly. That I'd say the savings here
would be in the tens of millions of dollars
very easily. On a conservative basis, I'd say
$50 million savings would not be anywhere out
of the ordinary in projecting that this
measure would save.
SENATOR MONTGOMERY: Thank you,
Senator Nozzolio.
Mr. President, on the bill.
ACTING PRESIDENT MORAHAN:
Senator Montgomery, on the bill.
SENATOR MONTGOMERY: Yes. This
is, I think, another one of those legislative
proposals that I think is more, in a way of
speaking, another way of punishing people that
we're already punishing.
And let me just say that it's my
873
understanding that the average income for an
inmate for a day's work, the highest amount
that they make is around $1.50 a day. And so
we're not talking about employees who are
earning an income as we are talking about
state employees on the outside.
And so since every single inmate,
no matter how serious or how often they are
required to seek health service, they're going
to be charged this copayment. So it's very
likely that a number of people are obviously
not going to seek medical care even though
they may need it.
And we know that there's a very
high percentage of inmates who come into
Corrections who are already HIV-positive.
Some of them already have AIDS. We know that
there are a number of people who have chronic
diseases, a number of people who have various
different kinds of injuries and health
problems.
So we're trying to save money, but
we're also putting people's lives in jeopardy.
And so I think that this is a bill that
hopefully my colleagues will not support,
874
because it really goes against what we want to
see in our correctional facilities, and that
is if there is an inmate or if there are
inmates who need health care, we put the money
there, we establish this -- that Corrections
has this program that they have said to us
that they use specifically to pay for health
services. And we find that in fact they're
not doing that.
And that money, the $25 million
that the Corrections receives from the
telephone calls, comes from the families of
those inmates. So what we're doing is we're
taxing the families several times, and now
we're also taxing the inmate for the same
service, and we find that they're not
receiving that service.
So I'm going to vote no on this
bill, and I urge my colleagues to vote no
also.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MORAHAN: Call
875
the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 244 are
Senators Duane, Marchi, Markowitz, Mendez,
Montgomery, Onorato, Oppenheimer, Paterson,
Sampson, Santiago, Schneiderman, Seabrook,
Smith, and Stavisky. Ayes, 45. Nays, 14.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Marcellino, that completes
the reading of the controversial calendar.
SENATOR MARCELLINO: Before we
complete the calendar, we should officially
lay the bills, the last two bills that were
laid aside, aside for the day -- those being
Senate 813 and Senate 1101, should be laid
aside for the day at the request of the
sponsors.
ACTING PRESIDENT MORAHAN: The
bills are laid aside for the day, Senator.
SENATOR MARCELLINO: Mr.
President, may we return to reports of
standing committees. I believe you have a
report of the Social Services Committee at the
876
desk.
ACTING PRESIDENT MORAHAN:
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Meier,
from the Committee on Social Services,
reports:
Senate Bill 5851A, by Senator
Meier, an act to amend the Social Services
Law;
And 6318, by Senator Maziarz, an
act to amend the Social Services Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MORAHAN:
Without objection, all bills reported directly
to third reading.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, is there any housekeeping at the
desk?
SENATOR MONTGOMERY: Yes, Mr.
President.
ACTING PRESIDENT MORAHAN:
Senator Montgomery.
877
SENATOR MONTGOMERY: Yes. Mr.
President, I would like unanimous consent to
be recorded in the negative on Calendar 180.
ACTING PRESIDENT MORAHAN:
Without objection, so ordered.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT MORAHAN:
Senator Marcellino.
SENATOR MARCELLINO: Yes, Mr.
President. There being no further business to
come before the Senate, I move we adjourn
until Wednesday, March 1st, at 11:00 a.m.
sharp.
ACTING PRESIDENT MORAHAN: On
motion, the Senate stands adjourned until
Wednesday, March 1st, at 11:00 a.m.
(Whereupon, at 4:07 p.m., the
Senate adjourned.)