Regular Session - April 12, 2000
2296
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 12, 2000
11:09 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
2297
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 bow our heads in a moment of
silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, April 11, the Senate met pursuant to
adjournment. The Journal of Monday, April 10,
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.
2298
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
On behalf of Senator Seward, on
page 37 I offer the following amendments to
Calendar Number 675, Senate Print Number 6820,
and ask that said bill retain its place on
Third Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
SENATOR FUSCHILLO: Thank you.
THE PRESIDENT: Thank you,
Senator.
Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions to be made?
THE PRESIDENT: Yes, there are,
Senator.
2299
SENATOR SKELOS: If we could make
them at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 36,
Senator Nozzolio moves to discharge, from the
Committee on Crime Victims, Crime and
Correction, Assembly Bill Number 9008A and
substitute it for the identical Senate Bill
Number 7073, Third Reading Calendar 665.
THE PRESIDENT: The substitutions
are ordered.
Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President.
On behalf of Senator Gentile, I
would like to move that the following bill be
discharged from committee and be recommitted
with instructions to strike the enacting
clause. And the bill number is -- ah, it just
came to me -- 2850A.
THE PRESIDENT: Thank you,
Senator.
SENATOR PATERSON: Thank you.
THE PRESIDENT: So ordered.
2300
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
SENATOR SKELOS: Madam President,
if we could take up the noncontroversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
461, by Senator LaValle, Senate Print 4944, an
act to amend the Education Law, in relation to
requiring public hearings.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 39.
THE PRESIDENT: The bill is
2301
passed.
THE SECRETARY: Calendar Number
497, by Member of the Assembly Grannis,
Assembly Print Number 10030, an act to amend
the Insurance Law.
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
507, by Senator Padavan, Senate Print 6964A,
an act to authorize the Dormitory Authority or
the Commissioner of General Services.
SENATOR PATERSON: Lay that
aside, please, Madam President.
THE PRESIDENT: Pardon me,
Senator?
SENATOR PATERSON: Lay that
aside, please, Madam President.
THE PRESIDENT: Of course. The
bill is laid aside, Senator.
THE SECRETARY: Calendar Number
534, by Senator Marcellino, Senate Print 1325,
an act to amend the Penal Law, in relation to
including the theft of dogs and cats.
2302
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
538, by Senator Padavan, Senate Print 1993, an
act to amend the Penal Law, in relation to
theft from a motor vehicle.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
539, by Senator Velella, Senate Print 2531, an
act to amend the Penal Law, in relation to the
crime of criminal mischief in the third
degree.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
2303
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
540, by Senator Velella, Senate Print 2678, an
act to amend the Penal Law, in relation to the
crime of unauthorized use of a motor vehicle.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
544, by Senator Volker, Senate Print 4375A, an
act to amend the Penal Law, in relation to
trespass upon railroad tracks, bridges,
2304
viaducts, tunnels, or trestles.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
574, by Senator Stafford, Senate Print 3843,
an act to amend the Executive Law and the Arts
and Cultural Affairs Law, in relation to
including the Secretary of State.
THE PRESIDENT: Read the last
section.
SENATOR BONACIC: Madam
President, we ask that that be laid aside for
the day, please.
THE PRESIDENT: The bill is laid
aside, Senator.
SENATOR BONACIC: Thank you.
THE SECRETARY: Calendar Number
2305
587, by Senator Hannon, Senate Print 817, an
act to amend the Real Property Tax Law, in
relation to complaints with respect to
assessments.
SENATOR PATERSON: Lay that
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
591, by Senator LaValle, Senate Print 1966, an
act to amend the General Municipal Law, in
relation to point systems.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
599, by Senator Morahan, Senate Print 6161, an
act to amend the Highway Law, in relation to
increasing the amount of monies for the
2306
purchase and repair.
THE PRESIDENT: There is a home
rule -
SENATOR DUANE: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
Senator Bonacic, that completes the
noncontroversial reading of the calendar.
SENATOR BONACIC: Thank you,
Madam President. May we now have the
controversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
507, by Senator Padavan, Senate Print 6964A,
an act to authorize the Dormitory Authority.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Bonacic,
an explanation has been requested.
SENATOR BONACIC: We ask that
that be laid aside temporarily, Madam
President.
THE PRESIDENT: The bill is laid
aside temporarily.
SENATOR BONACIC: Thank you.
2307
THE SECRETARY: Calendar Number
538, by Senator Padavan, Senate Print 1993, an
act to amend the Penal Law, in relation to
theft from a motor vehicle.
SENATOR BONACIC: We ask that
that be laid aside temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
SENATOR BONACIC: The sponsor is
in the Finance Committee. He'll be out
shortly.
In fact, as I'm speaking, he is
appearing.
Madam President, we would like to
take up Calendar 507, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
507, by Senator Padavan, Senate Print 6964A,
an act to authorize the Dormitory Authority or
the Commissioner of General Services.
THE PRESIDENT: Senator Padavan,
an explanation has been requested.
SENATOR PADAVAN: Yes. Senator
Smith, you recall a week ago we passed a bill
2308
authorizing the purchase by the City of New
York, the Board of Education, of 32.69 acres
of surplus land on the grounds of Creedmoor to
build a high school, an elementary school, and
a middle school.
That bill went over to the
Assembly. And as I told you when I introduced
the amendment, they asked for a reverter
clause to be put in there, meaning that if
it's not used by the city -- which is an
improbable assumption -- for the purpose for
which it's intended, then the land will revert
back.
And that's what this amendment -
it's exactly the same bill, with that
amendment.
SENATOR MALCOLM SMITH: Madam
President, will Senator Padavan yield for a
question?
THE PRESIDENT: Senator Smith.
SENATOR MALCOLM SMITH: Yes,
Madam President. Through you, will Senator
Padavan yield for a question?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Senator, do you
2309
yield for a question?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead, Senator
Smith.
SENATOR MALCOLM SMITH: Just one
other concern. That is the actual lease
itself. Will the Senator please provide some
information as to the cost as it relates to
that?
SENATOR PADAVAN: I'm sorry, I
can't hear -- I did not hear Senator Smith,
Madam President.
THE PRESIDENT: Could you repeat
the question, please, Senator?
SENATOR MALCOLM SMITH: Sure.
The question relates to the lease and the
terms of the lease. If Senator Padavan could
please provide some explanation as to what
those terms will be.
SENATOR PADAVAN: This will be a
purchase, Senator. Outright purchase.
SENATOR MALCOLM SMITH: Madam
President, through you.
THE PRESIDENT: Go ahead, Senator
Smith. You have the floor.
2310
SENATOR MALCOLM SMITH: In terms
of the outright purchase, does the Senator
have any idea on the cost for that particular
lease itself, with regards to whether or
not -- whether or not, given the -- whether
there's a special cost to that particular
lease, would there be any need for the entire
Senate to have a two-thirds vote on that?
SENATOR PADAVAN: I didn't hear
the last part of it. But the actual cost or
purchase price is being negotiated. It will
be, and it is already, substantially below
assessed value. And we're working to lower
that even further.
However, this bill, one of the
reasons for the bill is to reduce the
acquisition cost by placing its purchase in a
proprietary configuration, meaning only the
Board of Education can now purchase or will be
the only one who can purchase this land if
this bill becomes law.
SENATOR MALCOLM SMITH: Madam
President, through you.
THE PRESIDENT: Does the sponsor
continue to yield?
2311
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead,
Senator.
SENATOR MALCOLM SMITH: That
special cost that's associated with it, will
that require a two-thirds vote of the Senate?
Or is that one that can be done strictly
through the agency?
SENATOR PADAVAN: I think you
asked me whether or not the Senate would have
to approve the purchase. Is that what the
question was? If I heard you correctly.
THE PRESIDENT: Could you repeat
your question, Senator?
SENATOR MALCOLM SMITH: The
question, Madam President, is -
SENATOR PADAVAN: No. No, it
requires -- the acquisition, Senator, of all
state property, whether it's on the grounds of
a psychiatric center or whatever, is
negotiated through the appropriate state
agency and the local government -- in this
case, the City of New York -- for its
purchase.
SENATOR MALCOLM SMITH: Madam
2312
President, one more question, through you.
I understand the Senator's
explanation. While I do understand that it
will be the agency, the appropriate agency, my
question relates to the authority thereof, to
whether or not it would be negotiated directly
through that agency. Or will it require a
two-thirds vote of the Senate, given that
there will be special conditions to the cost?
SENATOR PADAVAN: This is a -
the bill before us requires a three-fifth.
After that, then the mechanism that's
contained within the bill becomes operative:
Namely, the authorization to sell this land to
the Board of Education of the City of New York
for the specific purpose intended.
SENATOR MALCOLM SMITH: Okay,
Madam President. I'm going to support the
bill, but I just wanted to be very clear as it
relates to the cost for said property.
I am happy to hear there is a
reverter clause in that, because clearly,
given the bureaucracy of the City, sometimes
they don't move as well, as quickly, as we in
the State do from time to time. And I'm just
2313
happy to know that there was some
consideration given to that.
Thank you.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
538, by Senator Padavan, Senate Print 1993, an
act to amend the Penal Law, in relation to
theft from a motor vehicle.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator Padavan,
an explanation has been requested by Senator
Duane, I believe.
SENATOR PADAVAN: The purpose of
this bill is to raise the category in the
Penal Law under which someone could be
prosecuted to a Class E felony when someone
2314
breaks into a car and steals property from it.
That's what the bill does.
SENATOR DUANE: Thank you, Madam
President.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Would the sponsor
yield to a question?
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: Thank you.
Under this legislation, if a person
stole an air bag for a car, would that be -
SENATOR PADAVAN: Yes.
SENATOR DUANE: What if someone
stole a stereo system or a radio?
SENATOR PADAVAN: Yes.
SENATOR DUANE: What if someone
stole a purse from the car?
SENATOR PADAVAN: A what?
SENATOR DUANE: A purse.
SENATOR PADAVAN: Yes.
SENATOR DUANE: What if someone
2315
stole a comb?
SENATOR PADAVAN: A comb?
SENATOR DUANE: A comb.
SENATOR PADAVAN: Yes.
SENATOR DUANE: What if someone
stole a stick of gum?
SENATOR PADAVAN: Yes. Or a
lottery ticket. Or anything else, Senator.
Senator, I don't know if you read a
the copy of the report I sent to every member
of this house, dated December '99, on auto
theft. It's entitled "The Perfect Crime."
There are many, many aspects of our
analysis of auto theft in this state,
particularly in New York City. One of the
problems we have is someone who breaks into
your car, he may virtually have nothing in his
hand. He's obviously up to no good, either to
steal your car or to strip it or to take
whatever he can. And the moment the police
arrest him, he doesn't have very much in his
hand. Maybe a comb, as you I think somewhat
obliquely suggested could be the item.
And under current law, that person
will be arrested, he'll be back out on the
2316
street in no time at all. Which is why
when -- the police department, one of the many
people who came and spoke to us during the
course of this hearing, suggested that we deal
with this issue.
The arrest rate that results in
imprisonment for auto theft is less than
2 percent, 2 percent, of those who are
arrested who actually go to jail. Which is
why auto theft -- which has come down, due to
a variety of reasons, in the City of New York,
but is still -- we still have some
60-odd-thousand cars stolen, broken into,
stripped due to auto theft.
And when someone breaks into your
car today, he's not out of business. He'll be
breaking into cars until he's caught and put
away. And that's the purpose of raising the
conviction to an E felony.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
continue to yield?
SENATOR PADAVAN: Yes.
2317
THE PRESIDENT: Go ahead,
Senator.
SENATOR DUANE: In a situation
where the car window of a car is open and no
glass is broken and the perpetrator reaches in
and takes a comb or a stick of gum, is it the
legislation's -- the result of this
legislation that that person could then spend
an awful lot of time in Sing Sing?
SENATOR PADAVAN: I'm sorry, I
don't understand your question.
SENATOR DUANE: Well, I'll repeat
my question. Through you, Madam President -
SENATOR PADAVAN: Maybe you could
rephrase it.
SENATOR DUANE: If a perpetrator
reaches in through an open window of a parked
car -- doesn't have to break through the glass
of the window or anything like that -- and
takes a stick of gum, is it the sponsor's
intention through this legislation that that
perpetrator of a stick of gum -- of stealing a
stick of gum would spend an awful lot of time
in Sing Sing?
SENATOR PADAVAN: If you read the
2318
bill, Senator, it says that property,
regardless of its nature and value, is taken
from another person's motor vehicle. Taken.
So that answers your question.
SENATOR DUANE: So through -
SENATOR PADAVAN: You know,
Senator, I view my automobile the way I view
my house. If someone reached into the front
window of my house and stole I don't care what
it is, I would want that person prosecuted.
And my car is no different. Nor should yours
be.
The answer to your question is yes.
SENATOR DUANE: Well, on the
bill, Madam President.
I just think it's important for
people to know that we're voting on a bill
which, if you took a stick of gum through an
open window of a car, or a comb, for those of
us who are fortunate enough to have enough
hair to actually need a comb to use, that that
person could potentially spend an awful lot of
time in our state correctional facilities.
And I think that while the bill is
well-intentioned, it needs to be more finely
2319
crafted so that property damage or stolen
property is raised to a higher level before we
send people away for a long time.
And I would encourage my colleagues
to vote no until we see a more appropriately
crafted bill.
Thank you, Madam President.
THE PRESIDENT: Read the last -
Senator Paterson.
SENATOR PATERSON: Madam
President, I just have one question for
Senator Padavan, if he is willing to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes. Yes.
SENATOR PATERSON: Senator, what
Senator Duane raised interests me, and it has
to do with the delineation between what would
really be auto theft and perhaps the same kind
of act that would have a lesser charge, if you
took something off of a park bench or just
something in the street.
What about taking items off of a
car? I mean, in other words, you have these
high-priced SUVs, and a lot of times what's
2320
happening is that very highly organized,
apparently criminal activity exists where they
drive up -- they can actually take the wheels
off of the vans. And these are real
professional thieves who are there to steal an
automobile or to take parts from it.
As opposed to what Senator Duane is
talking about, some desperate person that just
reaches through a window or punches open a
window and reaches in to see if anything is
there. Which still should be punished.
But I think what Senator Duane is
trying to say is that -- and I think he said
it very well -- is that I don't know that
those are equivalent offenses, even though
they're both wrong.
And don't you think it might be
better to delineate, as we do under the law,
based on the severity of the crime what would
be the severity of the charge?
SENATOR PADAVAN: Madam
President, in answer to Senator Paterson's
question, we have several other bills that we
have proposed that would increase penalties
for auto stripping, for stealing of auto
2321
parts, for regulating scrap dealers.
There's a whole industry out there,
Senator, as you're aware of, that is fed into
by thieves who will take anything off of your
car of value or take anything out of your car
of value.
So we have initiatives in all of
these areas.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Paterson,
to explain your vote.
SENATOR PATERSON: Madam
President, to explain my vote.
One of the reasons that we have the
charge of grand larceny relates to the actual
dollar amount of the item that's stolen. And
in that case, I'm really persuaded by Senator
Duane that what Senator Padavan may be doing
is fine, but we're doing it almost in pieces.
2322
And until we can take a look at the
entire package, I'm persuaded that Senator
Duane has raised a valid issue today.
THE PRESIDENT: Senator Duane, to
explain your vote.
SENATOR DUANE: Thank you, Madam
President.
Notwithstanding the small bit of
levity that I injected at the end of the
discussion of this bill, in fact in Texas,
with similar legislation, someone was just
sentenced to 16 years for stealing a Snickers
bar.
And I think it would be a tragedy
if our state embarked on the same kind of
criminal justice path. And I vote no.
Thank you.
THE PRESIDENT: Senators, you
will both be recorded as voting in the
negative on this bill.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I would like unanimous consent to
be recorded in the negative on calendars -
THE PRESIDENT: Senator, please
2323
wait until we finish the roll call.
SENATOR MONTGOMERY: Oh, I'm
sorry.
THE PRESIDENT: That's all right.
No need to apologize.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 538 are
Senators Duane, Montgomery, Paterson,
Schneiderman, Senator A. Smith, Senator M.
Smith. Ayes, 50. Nays, 6.
THE PRESIDENT: The bill is
passed.
Senator Montgomery.
SENATOR MONTGOMERY: Madam
President, I would like unanimous consent to
be recorded in the negative on Calendar
Numbers 539, 540, and 544.
THE PRESIDENT: Without
objection, Senator, you are so recorded as
voting in the negative on Calendars 539, 540,
and 544.
SENATOR MONTGOMERY: Yes, thank
you.
2324
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
587, by Senator Hannon, Senate Print 817, an
act to amend the Real Property Tax Law, in
relation to complaints.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator Hannon,
an explanation has been requested by Senator
Duane.
SENATOR HANNON: Yes, Madam
President.
Under the current law, when someone
wants to challenge their assessment, they have
to authorize that challenge, the property
owner. And the current law says they have to
date it within the same calendar year.
There have been some
municipalities, mine included, that have
really now started to do their certiorari
challenge on the first of January, which means
that it's -- the property owner, especially
the small homeowner who wants to do the
challenging, has only a two-or-three-week
2325
period to sign their authorization.
This would simply -- and so, in
other words, we're dealing with a January 1
time, and they have two or three weeks after
January 1.
This would simply give them the
ability to do the signing within six months.
Because it used to be when it came up in May,
there was no problem. Now that it's on
January 1, they're just very inconvenienced.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: If the sponsor
would yield to a question on this.
THE PRESIDENT: Does the sponsor
yield?
SENATOR HANNON: I yield.
THE PRESIDENT: Go ahead,
Senator.
SENATOR DUANE: I'm just
wondering if any municipalities have objected
to this change, or if there's unanimous
consent as far as the sponsor knows.
SENATOR HANNON: The answer is
there's been no objection filed by any
municipality.
2326
SENATOR DUANE: Thank you, Madam
President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
599, by Senator Morahan, Senate Print 6161, an
act to amend the Highway Law, in relation to
increasing the amount of monies.
SENATOR DUANE: Explanation,
please.
THE SECRETARY: Senator Morahan,
an explanation has been requested.
SENATOR MORAHAN: Yes, Madam
President. I'd be delighted to explain the
bill.
It's a home rule request from the
Town of Orangetown in the County of Rockland,
wherein they're asking us for relief from the
2327
current Highway Law that limits what they can
spend on either new equipment or repairs of
other highway equipment to $200,000.
They would now like to have that
moved up to 650. We have a home rule request
that I am going to honor. And therefore,
that's the explanation.
Senator?
SENATOR DUANE: Would the sponsor
yield to -
THE PRESIDENT: Does the sponsor
yield?
SENATOR MORAHAN: Yes, I do.
THE PRESIDENT: Go ahead,
Senator.
SENATOR DUANE: I'm wondering if
the Senator could tell me, how did we reach
the $650,000 amount?
SENATOR MORAHAN: Well, back in
1980 I passed a bill that raised it up to
$200,000, when I was a member of the Assembly.
And at that time -- before that, it was
$60,000. It was about a three-times upward
movement, a little bit better, which this also
represents.
2328
The town has grown. The town of
Orangetown has grown over the years, with more
highways, more public roads that have to be
taken care of, more demands for services, for
pick-ups, vacuum leaves, all those sorts of
things.
So this is a decision reached by
the town board to avoid them having to go for
special elections or biannual special
elections, if you will, to get approval from
the voters.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
SENATOR MORAHAN: Yes, ma'am.
Yes, I do.
SENATOR DUANE: Why just this
town? If this is an important issue, why
shouldn't we do an omnibus bill for all
highway departments?
SENATOR MORAHAN: Well, that's a
good point, Senator. I would have no problem
doing something like that eventually. And I
fully suspect that we'll have other towns
asking for relief in the County of Rockland.
2329
But this is the town at this
particular time who has asked for it. The
other towns have not submitted a home rule,
nor have they asked for it at this time.
I would not be surprised, however,
after we pass this bill today, to have some
more come in.
SENATOR DUANE: And a final
question, through you, Madam President.
If this bill became law, is it
possible that taxes could rise in Orangetown?
SENATOR MORAHAN: Sure.
SENATOR DUANE: Thank you, Madam
President.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, will the sponsor yield just to one
question? And I apologize if this dovetails
with the question asked by -
THE PRESIDENT: Does the sponsor
yield?
SENATOR MORAHAN: Yes, I do,
Madam President.
THE PRESIDENT: Go ahead,
2330
Senator.
SENATOR DOLLINGER: Was there
originally a referendum, if you know, on the
question of the taxing authority for repair
and equipment in this town?
SENATOR MORAHAN: Excuse me? I
didn't hear the question.
THE PRESIDENT: Could you repeat
the question, Senator?
SENATOR DOLLINGER: Yes, Madam
President.
Was there originally a referendum,
a voter referendum to establish this tax
ceiling in this town for purposes of repair
and maintenance?
SENATOR MORAHAN: You mean to
raise them from 200,000 to 650,000?
SENATOR DOLLINGER: No,
originally to set it at 200,000. Was there
voter approval for that?
SENATOR MORAHAN: No, that was
another home rule bill back in 1981, 1982.
SENATOR DOLLINGER: Again through
you, Madam President, if Senator Morahan will
continue to yield.
2331
SENATOR MORAHAN: Yes, I do.
SENATOR DOLLINGER: Do you know
whether there was ever a referendum where the
public had the power to approve the original
200,000 extension?
SENATOR MORAHAN: No, I don't
believe there was, number one.
Number two, the duly elected
representatives of the people of the town who
are elected put this in a resolution, and they
stand responsible for that. So if there were
to be a referendum, I would consider their
unelection or reelection to be the referendum.
It goes back to Senator Duane's
comment on would there be a rise in taxes.
There would be a rise in taxes if they were to
spend their money without some other
additional revenue. I don't know how they
plan to do that, nor is that my business.
SENATOR DOLLINGER: Through you,
Madam President, just briefly on the bill.
I accept Senator Morahan's
explanation. I've been reluctant to vote for
local tax rate measures, tax increase
measures. But I think in this instance, since
2332
the taxing authority doesn't come directly
from us but instead it's an authorization for
them to raise the tax themselves, I would draw
a distinction on that basis.
I'll vote in favor of this bill.
But I'll continue my practice of voting
against local sales tax and other taxes that
are directly traceable to the action of this
body.
THE PRESIDENT: There's a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
controversial reading of the calendar.
SENATOR SKELOS: Madam President,
if we could return to motions and resolutions.
There's a privileged resolution at
the desk, 3733, by Senator DeFrancisco. May
2333
we please have the title read and move for its
immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
3733, honoring Frazer School, Syracuse, New
York, for their participation in the 49th
Senate District "Good News! Good Kids!" Youth
Responsibility Program for the Year 2000.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Thank you,
Madam President.
I'm proud to rise and greet the
students of Frazer Elementary School who are
here today. And we're honoring them for their
participation in the "Good News! Good Kids!"
program.
When I first got into the Senate, I
realized there was a lot of negative news
about bad things that kids do, and good kids
were not being recognized appropriately. So
each year we recognize an elementary school
that's done special work in our community.
2334
And all the students -- 898 of
them -- at Frazer participated in various
community-related activities to improve the
community, also being tied in with their
education.
I can't go through all the projects
because there's so many of them. But each one
of them assisted the community, whether it be
providing food and help at the Meals On Wheels
or providing other things to the community,
planting trees in their area, and doing
everything that should be recognized by a body
such as this.
So I urge all of my colleagues to
join in congratulating the Frazer Elementary
School and showing that they are good kids and
they should be recognized, and it is good
news.
Thank you.
THE PRESIDENT: On the
resolution, all in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
2335
THE PRESIDENT: The resolution is
adopted.
And congratulations to all of our
visitors here this morning. We hope you have
a good day.
(Applause.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Finance Committee at the desk. I ask that it
be read.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations. As a member of the
State Board of Parole, Roslyn W. Block, of
Commack.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Thank you,
Madam President.
The nominee appeared before the
Senate Finance Committee today, did very well.
2336
And it's a pleasure to yield to
Senator Lack.
THE PRESIDENT: Senator Lack.
SENATOR LACK: Thank you, Madam
Chairman.
It's my pleasure to second the
nomination of Roslyn W. Block, of Commack, as
a member of the State Board of Parole.
I'm joined by my colleague,
Assemblyman Bob Wertz, because we both wanted
to be here for what, for us, is a very good
and joyous occasion and a wonderful
appointment by the Governor.
Ros Block is somebody that Bob and
I have known for, well, longer than probably
any of us want to talk about. She and her
late husband have been good friends of ours.
Her late husband, Ira Block, was a
councilman in the town of Smithtown, later a
judge of the Suffolk County District Court,
the founder of the Suffolk County Drug Court.
Ira, Bob, and I served in public office
together, and Ros was always there for Ira,
and somewhat quietly in the background, but
has had a career of her own -- a very well
2337
known career, for those of us who are in
elected office.
For the last 26 years, she has been
in the Suffolk County Probation Department,
starting as a probation officer, and is now
the Deputy Director of the County Probation
Department. She's a graduate of Barnard
College, has a master's degree in social
welfare from Adelphi University.
She is one of the most respected
people in her profession in Suffolk County.
And the Block family has been among the most
active in the community in Commack and the
Town of Smithtown.
And it is a real pleasure for the
Governor to have made this appointment to the
State Board of Parole, a person who will serve
in a very vigorous and active capacity.
And I once again congratulate the
Governor and thank him for this very good and
this very wonderful appointment.
THE PRESIDENT: The question is
on the confirmation of Roslyn W. Block as a
member of the State Board of Parole. All in
favor signify by saying aye.
2338
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
Congratulations to Roslyn Block on
your appointment, and we wish you all the best
in your new position.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As a member of
the State Board of Parole, George C. Johnson,
of Buffalo.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Thank you,
Madam President.
Again, the nominee appeared before
the Finance Committee, also did well.
And I certainly now yield to
Senator Nozzolio.
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President. Thank you, Senator Stafford.
George C. Johnson came before the
2339
Crime and Corrections Committee this week, and
is extremely well qualified and has the
endorsement of not just Governor Pataki -
which we're very pleased the Governor would
send up this nominee -- but also Senator
Volker, who has known George Johnson for a
number of years.
George Johnson's background is so
diverse in the criminal justice system, as one
who has been trained in education. A good
background for criminal justice service, he
was a police officer, a narcotics officer, had
served as a corrections officer, and served in
a variety of other capacities through the
criminal justice system. And most recently he
served as New York State Department -- as a
public safety officer of the New York State
Department of the Office of Mental Health.
And he is from Erie County.
And this broad background in
criminal justice service will certainly
provide him the unique qualifications and
background to be an excellent member of the
New York State Board of Parole.
The Governor is to be complimented
2340
on seeking out Mr. Johnson and placing him
before this body for nomination. The
committee unanimously endorsed his
qualifications and certainly recommends to the
full Senate that Mr. Johnson be confirmed.
We look forward to his service on
the Parole Board. And I know Senator Volker,
who has no peer in this house in his expertise
in criminal justice, will certainly vouch for
his qualifications and I know wishes also to
speak on his behalf.
Thank you, Madam President.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Madam President,
I've known George Johnson for a great many
years.
In fact, yesterday when he was
moved out of Crime and Corrections, Senator
Nozzolio's committee, I said that I believed
that I had known George Johnson since his days
as a NACC officer, which maybe some of the
younger people wouldn't know what NACC was.
That was the Narcotics Addiction Control
Commission, which was the predecessor of DACC,
and I think something else, and now eventually
2341
became -- eventually became, I believe, OASIS.
But in any case, he also served at
Attica. He was an honorably discharged
veteran from Vietnam. A fine gentleman, he
most recently has been public safety officer
at OMRDD in Buffalo, at the Mental Health.
He's been a vital member of the
community for many, many years and I think
probably is one of the best-qualified parole
commissioners that we've confirmed in a number
of years. I think it's a great choice by the
Governor.
I wish him the very best of luck,
and I know that he'll do very, very well.
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President.
I rise to join my colleagues in
complimenting the Governor for what appears to
be two outstanding appointments vis-a-vis the
professional experience of the two nominees
that we are going to vote on.
I want to say to you and, through
you, to them that obviously the Parole Board
2342
in the State of New York is an extremely
important board to many of us, especially
those of us who represent the areas where the
majority of the inmates originate from, I
being one of them.
We view the Parole Board and their
actions as one in a continuum of alternatives
to incarceration. And I would hope that these
people who -- especially the new people that
we are doing the -- that we are voting for
today are going to bring to that Parole Board
some sense of enlightenment in how we view
inmates and their potential for becoming
reintegrated into those communities that they
come from.
So I'm very happy that both
Mr. Johnson and Ms. Block are experienced in
the area. They know how to look at people and
how to make judgments about what their
potentials might be.
And I hope that they can share some
of their expertise with other members of that
board, and the Governor, to help them
understand that those people who are going to
be returning, we need to look at them
2343
carefully, but we also need to look at this
Parole Board as an opportunity for those
inmates to feel a sense of hopefulness as they
return to our communities.
So again, I congratulate the
Governor and I certainly congratulate the two
people that we are voting on today.
Thank you.
THE PRESIDENT: The question is
on the confirmation of George C. Johnson as a
member of the State Board of Parole. All in
favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
And on behalf of the Senate, I
extend to you our congratulations and best
wishes.
(Applause.)
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: As a member of
the Industrial Board of Appeals, James K.
2344
Walsh, of the Bronx.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Thank you,
Madam President.
The nominee was the third nominee
to appear before the committee. He also did
very well.
And I would yield to Senator
Velella.
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: Madam
President, it's a privilege to rise and second
the nomination of James Walsh to the
Industrial Appeals Board.
Mr. Walsh has had a distinguished
career as a teacher in the high schools in New
York City, in the Washington Heights area.
And after that career, at the age of 53 he
decided to go to law school and begin a new
career.
He went to CUNY Law School, passed
the bar exam, worked on both sides of the
aisle in terms of the criminal justice system,
both with the Legal Aid Society and for the
district attorney's office.
2345
He's a well-respected attorney in
Bronx County, and I am sure he will do an
excellent job as a member of the Industrial
Appeals Board.
Nothing to sneeze at.
THE PRESIDENT: Pardon me,
Senator?
SENATOR VELELLA: I say that was
nothing to sneeze at.
THE PRESIDENT: The question is
on the nomination of James K. Walsh as a
member of the Industrial Board of Appeals.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
And, Mr. Walsh, we congratulate you
and wish you the very best in your really
important responsibility.
(Applause.)
THE PRESIDENT: The Secretary
will read. And it is nothing to sneeze about.
THE SECRETARY: As a member of
2346
the Capital District Transportation Authority,
Donald C. MacElroy, of Clifton Park.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Donald C. MacElroy as a
member of the Capital District Transportation
Authority. 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 Niagara Frontier Transportation Authority,
Mary S. Martino, of Buffalo.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on -- Senator Stachowski.
SENATOR STACHOWSKI: Madam
2347
President, just briefly.
In committee I voted against Mary
Martino, not because I have any problem with
Mary Martino but because the NFTA now for
years has not had any labor presence in its
membership. For years it was a tradition to
have one representative of labor as part of
the NFTA board. They refused to do that.
Since Mary Martino is a
reappointment, and I happen to know her very
well and think she does a good job, I will
just leave it with a no vote in committee.
And instead, I'll -- normally as I vote no on
all these appointments on the floor, in her
case I'll vote yes.
But I wanted to make sure and the
record will show that I still have a great
deal of displeasure with the board in not
having any labor member when it was a
tradition that they did.
I vote yes.
THE PRESIDENT: The question is
on the -- Senator Coppola.
SENATOR COPPOLA: Madam
President, I also want to comment on Mary
2348
Martino.
I think this is an excellent
choice. She's a wonderful person and diligent
in all of her works and her work in the
community. Buffalo will do well with Mary
Martino on the NFTA.
THE PRESIDENT: The question is
on the confirmation of Mary S. Martino as a
member of the Niagara Frontier Transportation
Authority. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As members of the
board of directors of the Roosevelt Island
Operating Corporation, Kevin Fullington, of
New York City; Leo Kayser III, of New York
City; and John B. Mannix, of New York City.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
2349
THE PRESIDENT: The question is
on the confirmation of Kevin Fullington, Leo
Kayser III, and John B. Mannix as members of
the board of directors of the Roosevelt Island
Operating Corporation. All in favor signify
by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominees are
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a member of
the State Park, Recreation and Historic
Preservation Commission for the City of New
York, Myra E. Mahon, of New York City.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Myra E. Mahon as a
member of the State Park, Recreation and
Historic Preservation Commission for the City
of New York. All in favor signify by saying
aye.
2350
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
The Secretary will read.
THE SECRETARY: As a commissioner
of the Interstate Sanitation Commission,
Judith Baron, of Brooklyn.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation.
THE PRESIDENT: The question is
on the confirmation of Judith Baron -
Senator Markowitz, excuse me.
SENATOR MARKOWITZ: Thank you.
Thank you very, very much.
I couldn't let this go without
commending the reappointment of Judith Baron.
She has become certainly respected all these
years, one of the most active Brooklynites,
and has been very, very much involved in the
preservation of Sheepshead Bay and Brighton
Beach.
And we all very much respect her in
2351
the Borough of Brooklyn, and this is a superb
reappointment. I'm pleased to vote yes.
THE PRESIDENT: Thank you,
Senator.
Senator Lachman.
SENATOR LACHMAN: Very briefly,
on the reappointment of Judith Baron.
I echo whatever Senator Markowitz
said about her. Her name is known throughout
Brooklyn, not just in the shorefront area.
And I'm delighted to vote for her
reappointment.
THE PRESIDENT: The question is
on the reappointment of Judith Baron as a
member of the Interstate Sanitation
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 members of the
State Council on the Arts, Lawrence Herbert,
2352
of New York City, and Oscar L. Tang, of New
York City.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Lawrence Herbert and
Oscar L. Tang as members of the State Council
on the Arts. 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 Stafford,
from the Committee on Finance, reports the
following bills:
Senate Print 7394, by the Senate
Committee on Rules, an act making
appropriations for the support of government;
And Senate Print 7395, by the
Senate Committee on Rules, an act to amend
Chapter 1 of the Laws of 1999.
2353
Both bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, both bills are ordered direct to
third reading.
Senator Skelos.
SENATOR SKELOS: Madam President,
may we please take up Calendar 682, Senate
7394.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
682, by the Senate Committee on Rules, Senate
Print 7394, an act making appropriations for
the support of government.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
are there messages of necessity and
appropriation at the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: The motion is to
accept the messages of necessity and
appropriation. All in favor signify by saying
2354
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The messages are
accepted.
Read the last section.
THE SECRETARY: Section 35. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 58. Nays,
1. Senator Dollinger recorded in the
negative.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could take up Calendar Number 683,
Senate 7395.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
683, by the Senate Committee on Rules, Senate
Print 7395, an act to amend Chapter 1 of the
2355
Laws of 1999, relating to the New York Health
Care Reform Act of 2000.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message of necessity at the desk?
THE PRESIDENT: Yes, there is,
Senator.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: The motion is to
accept the message of necessity. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The motion is
carried.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59.
THE PRESIDENT: The bill is
passed.
SENATOR SKELOS: Madam President,
2356
is there any housekeeping at the desk?
THE PRESIDENT: Yes, there is,
Senator.
Senator Nozzolio.
SENATOR NOZZOLIO: Madam
President, please place a sponsor star on
Calendar Number 665.
THE PRESIDENT: That bill is
starred, Senator.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Velella, on
page 9 I offer the following amendments to
Calendar 211, Senate Print 3597A, and I ask
that that bill retain its place on the Third
Reading Calendar.
THE PRESIDENT: The amendments
are received, and the bill will retain its
place on the Third Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be a conference of the Majority at
2:30 in the Majority Conference Room.
THE PRESIDENT: There will be a
2357
conference of the Majority at 2:30 in the
Majority Conference Room.
SENATOR SKELOS: And there being
no further business to come before the Senate,
I move we adjourn until Monday, April 17th, at
3:00 p.m., intervening days being legislative
days.
THE PRESIDENT: On motion, the
Senate now stands adjourned until Monday,
April 17th, at 3:00 p.m., intervening days
being legislative days.
(Whereupon, at 12:00 p.m., the
Senate adjourned.)