Regular Session - May 4, 2000
2839
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 4, 2000
2:06 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
2840
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 each 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,
Wednesday, May 3rd, the Senate met pursuant to
adjournment. The Journal of Tuesday, May 2nd,
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.
2841
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Libous, would
you please place a sponsor star on Calendar
Number 203.
THE PRESIDENT: The bill is
starred.
SENATOR FARLEY: On behalf of
Senator Skelos, Madam President, on page 27 I
offer the following amendments to Calendar
Number 466, Senate Print 902D, and I ask that
it retain its place on the Third Reading
Calendar.
THE PRESIDENT: The amendment is
received, Senator Farley, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FARLEY: Madam President,
2842
on behalf of Senator LaValle, I wish to call
up his bill, 807, which was recalled from the
Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
141, by Senator LaValle, Senate Print 807, an
act to amend the Education Law.
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
SENATOR FARLEY: I now offer the
following amendments.
THE PRESIDENT: The amendment is
received.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial
calendar.
THE PRESIDENT: The Secretary
will read.
2843
THE SECRETARY: Calendar Number
31, by Senator Saland, Senate Print 2320, an
act to amend the Criminal Procedure Law and
the Family Court Act, in relation to access to
records.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
37, by Senator Rath, Senate Print 5787B, an
act to amend the Penal Law, in relation to
civil liability.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
51, by Member of the Assembly Butler, Assembly
Print Number 3947 -
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
136, by Senator Trunzo, Senate Print 4604, an
act to amend the Highway Law, in relation to
2844
designating.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
223, by Senator Volker, Senate Print 2866, an
act to amend the General Business Law, in
relation to real estate syndication.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
398, by Senator Alesi, Senate Print 181, an
act to amend the Penal Law, in relation to the
crime of failure to obey.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
425, by Senator Rath, Senate Print 5606A, an
act to amend the Penal Law, in relation to
falsely reporting.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
2845
act shall take effect in 90 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 48. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
484, by Senator Libous, Senate Print 3531, an
act to amend the Mental Hygiene Law, in
relation to payments.
THE PRESIDENT: Read the last
section.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
502, by Senator Meier, Senate Print 3685B, an
act to amend the Domestic Relations Law, in
relation to confidentiality.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2001.
THE PRESIDENT: Call the roll.
2846
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46. Nays,
3. Senators Duane, Kuhl, and Larkin recorded
in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
562, by Senator Marcellino, Senate Print 6460,
an act to amend the Tax Law, in relation to
the registration.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
579, by Senator Stafford, Senate Print 7063,
an act approving the exchange of certain
lands.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
595, by Member of the Assembly Luster,
Assembly Print Number 682, an act to amend the
Town Law, in relation to the method of
authenticating.
2847
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
634, by Senator Johnson, Senate Print 3212, an
act to amend the General Business Law, in
relation to the submission.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
641, by Senator Volker, Senate Print 110, an
act to amend the Penal Law, in relation to
determining whether a prior conviction is a
predicate felony conviction.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
643, by Senator Goodman, Senate Print 789, an
act to amend the Penal Law, in relation to
consecutive terms of imprisonment.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
2848
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
645, by Senator Meier, Senate Print 1265A, an
act to amend the Civil Rights Law, in relation
to the right of public petition and
participation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect January 1, 2001.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
654, by Senator Volker, Senate Print 4276, an
act to amend the Civil Rights Law, in relation
to the confidentiality of personnel records.
2849
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, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
656, by Senator Morahan, Senate Print 6026B,
an act to amend the Penal Law and the Criminal
Procedure Law, in relation to fixing
sentences.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
2850
THE SECRETARY: Calendar Number
666, by Senator Nozzolio, Senate Print 7087,
an act to amend the Correction Law, in
relation to presentation of a state flag.
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, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
681, by Senator Wright -
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
692, by Member of the Assembly Wright,
Assembly Print Number 4368A, an act to
authorize the United Pentecostal Church to
file an application.
SENATOR MEIER: Lay it aside.
2851
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
703, by Senator Balboni, Senate Print 6852, an
act authorizing the assessor of the County of
Nassau to accept an application.
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, 51. Nays,
1. Senator Dollinger recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
709, by Senator Libous, Senate Print 7139, an
act to authorize the City of Norwich, in the
County of Chenango, to file an application.
THE PRESIDENT: There's a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 3. This
2852
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51. Nays,
1. Senator Dollinger recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
737, by Senator Libous, Senate Print 7285, an
act to amend the Public Officers Law, in
relation to residency.
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, 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
760, by Senator Saland, Senate Print 7137, an
act to amend Chapter 505 of the Laws of 1985,
amending the Criminal Procedure Law.
2853
THE PRESIDENT: Read the last
section.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Thank you, Madam
President. If we could go to the
controversial calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
31, by Senator Saland, Senate Print 2320, an
act to amend the Criminal Procedure Law and
the Family Court Act, in relation to access to
records.
SENATOR PATERSON: Explanation,
please.
SENATOR SKELOS: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
37, by Senator Rath, Senate Print 5787B, an
2854
act to amend the Penal Law, in relation to
civil liability.
SENATOR DUANE: Explanation,
please.
THE PRESIDENT: Senator Rath,
Senator Duane is requesting an explanation.
SENATOR RATH: Thank you.
The bill is very straightforward.
It will allow jurisdictions, that are the ones
who are responsible if a false reporting of a
weapon of mass destruction is placed -- for
example, in a school or a bank or wherever it
might be placed -- and someone is expected to
respond as a fire district or one of the
responding people.
And if there is a cost, and I can't
imagine that there would not be a cost
connected with this, they can apply for relief
and get that relief. And the person who has
falsely placed this weapon and falsely
reported it would be held liable.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you. Would
the sponsor yield?
SENATOR RATH: Surely.
2855
THE PRESIDENT: Senator Rath, do
you yield?
SENATOR RATH: Surely.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: I'm wondering if
it isn't the purpose of ambulances and fire
departments, police departments, et cetera, to
respond to each call that's made as part of
their duties.
SENATOR RATH: Yes, it is,
Senator Duane.
But I think that the gravity of the
issue, if you're talking about an anthrax
scare, something of this sort, the possibility
not only of an injury of a firefighter or an
ambulance person that was called out, and also
the huge kinds of equipment and the need to
bring out all of the protective clothing, et
cetera, those things should not be borne by
the taxpayer.
If we have a prankster or we have a
group of terrorists who think it's funny to
clear out a school building or an office
building, and we have all the responding fire
2856
companies there, it's checked out and it's a
false scare, I think we need to send a very
clear message. And that message will be very
clear if someone is held liable and has to pay
for what they think might be funny.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Senator Rath, do
you yield?
SENATOR RATH: Surely.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: In terms of
sending the message, I'm wondering if there's
any educational component contained in the
bill.
SENATOR RATH: Not this
particular bill. But I think that your
thought is very worthwhile, and I think that
as this moves forward, we should be talking in
terms of that. Thank you, Senator Duane.
SENATOR DUANE: And another
question, Madam President, through you.
THE PRESIDENT: Senator Rath, do
2857
you yield?
SENATOR RATH: Surely.
THE PRESIDENT: Go ahead,
Senator.
SENATOR DUANE: I'm wondering
if -- is the way that the bill is fashioned
now that the money just goes into a general
fund? Or is the money going into a dedicated
source, the fire department or even an
educational program for students? Or does it
just go into the general fund?
SENATOR RATH: At this point it
would go to the damaged -- the person who had
requested the coverage for their damages;
again, a fire department or an ambulance
company.
And no, there is no designation or
earmarking for an education fund. But I think
that that would be a very good idea, and I
think we should be looking to it.
SENATOR DUANE: Through you,
Madam President, if the sponsor would yield to
a clarification.
SENATOR RATH: Surely.
THE PRESIDENT: Senator Rath, do
2858
you yield for a question?
Senator Duane, you may proceed if
you have a question.
SENATOR DUANE: This is more a
clarification.
I wasn't sure whether you said it
would go to a person who might have been
injured who works for one of those
departments, or it just goes generally to the
department, or it goes to the general fund and
then it's expected it goes -
SENATOR RATH: No, it would go to
the department.
SENATOR DUANE: It goes to the
department.
SENATOR RATH: Right.
SENATOR DUANE: Thank you, Madam
President. On the bill.
I'm going to vote in the negative
on this. I could see if we had an educational
component that there might be some merit to
this. But I believe that the reason we pay
taxes is to have services like fire,
ambulance, police departments responding as
part of their normal course of business.
2859
So I expect to be voting no on this
legislation. Thank you, Madam President.
THE PRESIDENT: Read the last
section.
Senator Paterson.
SENATOR PATERSON: Madam
President, if Senator Rath would yield for a
question.
SENATOR RATH: Surely.
THE PRESIDENT: Senator, do you
yield?
Go ahead, Senator Paterson.
SENATOR PATERSON: Senator, I
noted another bill by Senator Balboni for the
false reporting of a bomb, like a bomb scare,
increasing the penalties for that type of
situation. How does your bill differ from his
piece of legislation?
SENATOR RATH: This bill is tied
specifically to another bill that's been
approved today, down the agenda a ways, the
bill that deals with the weapons of mass
destruction.
SENATOR PATERSON: Thank you,
Madam President. If the sponsor would
2860
continue to yield.
SENATOR RATH: Surely.
THE PRESIDENT: Does the sponsor
yield?
You may proceed, Senator Paterson.
SENATOR PATERSON: Excuse me?
THE PRESIDENT: You may proceed,
Senator Paterson.
SENATOR PATERSON: Oh, thank you.
Thank you.
THE PRESIDENT: You're welcome.
SENATOR PATERSON: Is the issue
of your legislation to -- without looking at
sentencing guidelines, to increase the
penalties based on the added encumbrance to
the uniformed services?
In other words, are you saying that
because of the tremendous strain that a false
reporting would encumber the uniform services,
that that's different than, let's say, false
reporting of a regular crime, maybe a false
reporting of -- of breaking and entering or
something like that where we already have
legislation?
SENATOR RATH: No, that is
2861
specific to other kinds of infractions that
would be handled. This one being tied to a
weapon of mass destruction, the kinds of
equipment that are necessary if an anthrax
scare, for example -- when you have hazmat
teams that have to go out.
Having worked at another level of
government, and I'm sure you're familiar too,
the costs in order to have that equipment
available and ready. And then you're caught
up with the speed of the response when you've
got something as dramatic as anthrax that
you're talking about.
And there were a couple of
incidents like this that happened in my
district -- well, in my community, I would
say. Not in my specific district, but nearby.
And there was a lot a concern about the costs
and about people who think that it's funny to
move forward and make a statement like this
that they have placed a weapon of mass
destruction and, again, watch a school
building or an office building clear out, and
the attendant companies that have had to
respond to the threat, the cost to them.
2862
SENATOR PATERSON: Madam
President, I'm convinced by Senator Rath's
argument. And I basically agree with the
legislation.
I'm just asking a question from the
technical point of view, if the Senator would
continue to yield. That is, that -
THE PRESIDENT: Go ahead.
SENATOR PATERSON: -- are we not
increasing the penalties based on the type of
crime it is?
And the reason I'm asking the
question is that otherwise, if a person did
this right now, we do have a law on the books
that we could exercise. It's not as if we
couldn't prosecute these people right now.
But my -- what I'm asking is, what
is the basis for the drafting of the
legislation? And I assume that your answer,
Senator Rath, is because of the added burden
that it puts on society. It's more than just
reporting a false fire alarm, it is now
creating a duty on the part of the
firefighters and the police and the emergency
service workers that they have to exercise
2863
great cost and risk to respond to this
particular false alarm.
SENATOR RATH: Exactly right.
SENATOR PATERSON: Thank you.
Madam President.
THE PRESIDENT: Senator Paterson,
on the bill.
SENATOR PATERSON: Thank you,
Madam President, on the bill.
I'm going to vote for this piece of
legislation, but I did not want it to go by -
and particularly, I didn't want it to go by
since Senator Duane asked questions on the
bill -- without Senator Duane and the rest of
our colleagues here today recognizing that
this is exactly the type of legislation that
we pass all the time, but when it comes to
other issues -- and they may not be germane to
the discussion, so I won't mention issues such
as the hate crimes bill -- that this is the
exactly same type of theory.
That you may have a crime that is
already covered in the legislation, but when
you look at the added duty that it places on
society and the added fear that this type of
2864
false alarm engenders, you recognize that
you're going to have to not just wait for the
sentencing, which is what we usually do, where
the judge, sui sponte, the judge will
determine how serious the punishment should
be. You want to build it right into the law,
which is what Senator Rath did in this
legislation.
So I gladly support this
legislation. I will vote for it, with the
admonition to all of my colleagues that in the
future we might want to think of this when we
are getting up and telling our colleagues that
the law is just a law and a crime is just a
crime.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the same date as a
chapter of the Laws of 2000.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
2865
passed.
THE SECRETARY: Calendar Number
136, by Senator Trunzo, Senate Print 4604, an
act to amend the Highway Law, in relation to
designating.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Trunzo,
an explanation has been requested.
SENATOR TRUNZO: Madam President,
this bill clarifies the Commissioner of the
Department of Transportation Authority to
designate New York State scenic byways upon
the recommendation of the Scenic Byways
Advisory Board. Simple bill.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
223, by Senator Volker, Senate Print 2866, an
2866
act to amend the General Business Law, in
relation to real estate syndication offerings.
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, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
398, by Senator Alesi, Senate Print 181, an
act to amend the Penal Law, in relation to the
crime of failure to obey a police officer.
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.)
SENATOR PATERSON: Madam
President.
THE PRESIDENT: Senator Paterson,
2867
why do you rise?
SENATOR PATERSON: It's my
mistake, Madam President. Might we withdraw
the roll? Because I have a couple of
questions, and I believe Senator Montgomery
does.
THE PRESIDENT: The roll call is
withdrawn.
Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President. And thank you for doing
that. Would the -
THE PRESIDENT: Senator Alesi, do
you yield for a question, a couple of
questions?
SENATOR ALESI: To Senator
Paterson, absolutely.
THE PRESIDENT: Go ahead. You
may proceed, Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President. There is no one in this
house that I have greater respect for, nor is
there anyone I'd like to ask questions of more
than Senator Alesi. So through you, Madam
President.
2868
Senator, sometimes particularly
women driving in a car late at night have been
confused when they have been ordered to pull
over by law enforcement -- and there have been
a number of cases documented on this type of
subject -- particularly when the law
enforcement vehicle is not marked.
And there have certainly been
situations where individuals have pulled over,
thinking they were respecting law enforcement,
and wind up getting -- victimized. That word
just came to me.
And the question that I asked,
Senator Alesi, is are you sure that you are -
that the legislation is not perhaps a little
overbroad and that individuals who
legitimately are fearing for their lives, they
are law-respecting and they'll pull over when
they see that it's really a situation where
law enforcement wants to apprehend them or at
least consult with them. But at the same
time, I wouldn't want anyone who legitimately
was in fear of their life to be prosecuted
under the type of legislation that we're
considering right now.
2869
SENATOR ALESI: Thank you for
that excellent question, Senator.
I think that that comment could
also be made by a man who might be in fear of
his life or be in fear of some danger because
he would be uncertain as to who it really is
that's pulling him over. So for the sake of
your question, let's say anybody could be in
fear.
And in answer to your question, let
me ask you a question, if I may. Through you,
Madam President, would the Senator yield for a
question for clarification?
SENATOR PATERSON: By all means
and without reservation, Madam President.
SENATOR ALESI: Senator, are
you -- does your question refer to that
section of this bill that deals with the
high-speed chase or the section of the bill
that deals with the just failure to stop?
SENATOR PATERSON: Well, Madam
President, in response to the question, it
actually relates to both. Because in some of
the situations people are feeling that they
were actually being forced off the road by
2870
other cars. And unfortunately, we have a lot
of criminals who do that.
And Senator Alesi properly
corrected me that there are a lot of men who
are in that same fear. I've never been in any
fear as a man when I was behind the wheel.
(Laughter.)
SENATOR PATERSON: But the point
is that I guess there are some other men that
feel that way.
But the real heart of my question
is that they thought they were escaping and
they were actually speeding to get away from
the pursuer. And then to the other part of
the legislation, just the failure to yield
itself sometimes came from that reason.
And although there are many people
who are avoiding the police, and we don't want
to -- just as in the last bill that Senator
Rath brought up, we don't want to increase the
risk for police officers to have to drive
faster or to have to employ extraordinary
means to apprehend someone who is fleeing
justice. And so I can see the nature of the
legislation.
2871
At the same time, on both counts
with which I was referring, we don't want for
legitimate citizens who, you know, may be in
some type of confusion as to why they're being
pulled over and even suspecting whether or not
it's actually an arm of law enforcement or a
level of criminality and are just trying to
get away.
SENATOR ALESI: Thank you for
your succinct response, Senator.
If I may then answer your original
question, I think that someone who was in fear
and therefore did not yield or stop as ordered
or as should have known that they should have,
that that would be a suitable defense. And
that could be taken into consideration in
court.
SENATOR PATERSON: Madam
President, on the bill.
Once again I am persuaded by
Senator Alesi, who is very thoughtful. And I
think the legislation is good.
But I would just like to point out
that though that may be a defense, and perhaps
the individual might prevail, in the final
2872
account it would be a harsh brush with justice
for an individual, be they male or female, to
be feeling that they are escaping criminality,
particularly at night on the road, roads
perhaps the person hasn't traveled before,
when at times -- and I'm not saying that this
is the majority of the time, but there are
instances where individuals who work in law
enforcement become personally antagonized
because they give the signal to the vehicular
operator to stop and the vehicular operator
doesn't stop. And at that point they don't
want to hear what the excuse may have been or
what might have been the motivating purpose,
because they are so angry that their
admonition to stop was not adhered to.
And I think it is something
serious, and I hope that in negotiations with
the Assembly that this point will be
addressed.
THE PRESIDENT: Senator
Montgomery, why do you rise?
SENATOR MONTGOMERY: Yes, thank
you, Madam President. I would like to ask
Senator Alesi a question, if he would yield.
2873
THE PRESIDENT: Does the sponsor
yield?
SENATOR ALESI: Yes.
THE PRESIDENT: You may proceed,
Senator Montgomery.
SENATOR MONTGOMERY: All right.
Thank you, Madam President.
Senator Alesi, I was just trying to
figure out how this bill applies or would
apply to me personally. Because I remember
that I was traveling late one night to Albany
and I was stopped by a police officer. But I
didn't see him until he put his flashing
lights on. And when he pulled me over, he
says, "I've been following you for a little
while."
It's happened to me for a few
times. And the reason that I didn't stop was
because I didn't see him. Because I always
try to make sure I obey the directions of any
law enforcement person.
So under your legislation, it
occurs to me that had this law been in effect
at the time that I was stopped, I could have
been -- because I wasn't giving a high-speed
2874
chase by any stretch of the imagination. But
it occurs to me that I could have been charged
with this -- under your bill, with a
misdemeanor or even an E felony.
Is that -- I just wanted to make
sure how this would affect me and some other
people that I know in this room who are
stopped fairly regularly.
(Laughter.)
THE PRESIDENT: Senator Alesi.
SENATOR ALESI: In my response, I
guess that at least the nameless people that
you referenced are separate circumstances.
But in your circumstances, Senator,
I would assume that the high-speed chase would
not be part of your argument. Would I be
correct in that assumption?
SENATOR MONTGOMERY: Correct. It
was not a high-speed chase. It was just that
I didn't see the officer. So theoretically he
could have said I was trying to avoid him.
SENATOR ALESI: Senator, if I
may, so I clearly understand this, did I
understand you to say that it was in the
evening?
2875
SENATOR MONTGOMERY: It was late
at night. I've been also stopped during the
day, similarly. But usually I can see more in
the day than at night.
SENATOR ALESI: Thank you. If I
may continue, through you, Madam President.
In the instance in the evening, did
the officer have his flashers on?
SENATOR MONTGOMERY: Not for a
while.
SENATOR ALESI: But at the point
when you saw the flashers you knew or
reasonably should have known that he was
ordering you by the use of his flashers to
pull over, and you pulled over.
SENATOR MONTGOMERY: Absolutely.
SENATOR ALESI: So if I may
continue, through you, Madam President, then
under those circumstances you complied with
the law as it existed and as it would exist
under this law here. So you would not have
had a problem in either circumstance.
SENATOR MONTGOMERY: All right.
Thank you, Senator Alesi.
SENATOR ALESI: Thank you.
2876
SENATOR MONTGOMERY: Madam
President, just briefly on the bill.
I want to say for the record that I
have some hesitation about this legislation,
similarly to Senator Paterson, that there are
instances where a person really is not aware
that they are being asked by a police car to
pull over -- because obviously we're talking
about vehicles now. And you would have to be
extremely alert that there is a vehicle in
back of you pursuing you and in fact demanding
that you stop. Often it happens people are
not aware; they don't stop.
And in fact, based on Senator
Alesi's legislation, which says any person
operating a motor vehicle who reasonably
should have known that he or she has been
directed to stop would be charged. So I think
it's a little loose. It needs to be a bit
tighter in terms of the level of guilt that
would invoke such a charge.
So I'm going to vote no on this
legislation, Madam President.
THE PRESIDENT: Senator Coppola.
SENATOR COPPOLA: I -- just for
2877
clarification. Can I ask a question, please,
of the sponsor.
THE PRESIDENT: Does the sponsor
yield?
SENATOR ALESI: I'd be happy to.
THE PRESIDENT: Go ahead,
Senator.
SENATOR COPPOLA: On my
colleagues' concern, wouldn't it be
appropriate also that you not only have the
flashing light on but you would have the siren
to let people know that they have to stop?
Wouldn't that be correct?
SENATOR ALESI: I think that that
would be an added advantage to both parties
concerned, Senator.
SENATOR COPPOLA: And can't we
add the siren at the same time so they would
know?
Because a lot of people are very
apprehensive, they don't look at the rearview
mirror. And there is no way out if the siren
is on, and it should be. I mean, just a
little blast of the siren and I think you're
correct with your proposal.
2878
SENATOR ALESI: Thank you very
much, Senator. Can I assume, then, that
you'll be voting for the bill?
SENATOR COPPOLA: Yes.
SENATOR ALESI: Thank you.
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: Those recorded in
the negative on Calendar Number 398 are
Senators Montgomery, Paterson, and Rosado.
Also Senator Onorato. Ayes, 51. Nays, 4.
THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
could you please call up Senator Stafford's
bill, Calendar Number 579.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
2879
579, by Senator Stafford, Senate Print 7063,
an act approving the exchange of certain lands
between the Town of Keene and the people of
the State of New York.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, we've had this bill in the house
many times, and Senator Stafford has -- this
is a new bill?
Explanation, Madam President.
THE PRESIDENT: Senator Stafford,
an explanation has been requested.
SENATOR STAFFORD: Thank you,
Madam President. Thank you, Senator Skelos.
This is enabling legislation to
take care of the proposition that was passed
by the people of the State of New York. The
state gets 144 acres, and Keene gives up 144
acres and gets 12 acres to expand their
cemetery.
This is supported by the -- a
number of organizations including the
Adirondack Council. And the state is really
coming out very well on this. It gets 144
more acres and only loses 12.
2880
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, it sounds like a dead issue to
Senator Onorato.
But to the rest of us, the state is
getting back twelve times the capacity in
terms of land mass than it's actually giving
up, which led me to believe that there must be
something about that particular 12 acres that
must be kind of interesting.
But the question I just had for
Senator Stafford was, did EPL have a position
on this? And other than that, the bill is
fine.
SENATOR STAFFORD: No memo, Madam
President.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: No memo, Madam
President.
And I also would point out that
this can never be used for anything other than
a cemetery. It can't be leased or sold or
anything like that.
Thank you.
THE PRESIDENT: There is a home
2881
rule message at the desk.
Read the last section.
THE SECRETARY: Section 7. 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.
Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go back to the calendar,
controversial, in regular order.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
484, by Senator Libous, Senate Print 3531, an
act to amend the Mental Hygiene Law, in
relation to payments.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
2882
THE SECRETARY: Ayes, 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
562, by Senator Marcellino, Senate Print 6460,
an act to amend the Tax Law, in relation to
the registration of cigarette and tobacco
product.
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
595, by Member of the Assembly Luster,
Assembly Print Number 682, an act to amend the
Town Law, in relation to the method of
authenticating petitions.
SENATOR DOLLINGER: Explanation.
A brief explanation, Madam President.
THE PRESIDENT: Senator Maltese,
2883
an explanation has been requested by Senator
Dollinger.
SENATOR MALTESE: Madam
President, this is an act to amend the Town
Law in relation to the method for
authenticating petitions for referendum and
making technical corrections.
This is a bill that was originated
by Assemblyman Luster. In 1998 it passed, I
believe, 140 to zero in the Assembly. In
1999, it passed 148 to zero.
Basically, it streamlines the town
referendum process by establishing a uniform
manner by which signatures on various kinds of
petitions may be acknowledged, proved, or
authenticated. It establishes uniform
language.
And an example was that current
provisions of the Town Law for the -- setting
forth the procedure for referendum are unclear
and inconsistent and therefore impede the
democratic process. For example, the current
language of Section 209(e) of the Town Law
effectively requires anyone wishing to
circulate a petition for referendum on the
2884
question of extension of town improvements to
have each signature notarized, a logistic
near-impossibility. At the same time, other
sections of the law that -- require that
petition signatures be authenticated in
various matters.
This bill makes the Election Law
applicable to all petitions for town
referenda.
SENATOR DOLLINGER: Through you,
Madam President, will Senator Maltese yield to
one question?
THE PRESIDENT: Senator, do you
yield?
SENATOR MALTESE: Sure.
THE PRESIDENT: Go ahead, Senator
Dollinger.
SENATOR DOLLINGER: Senator, as
you know, I occasionally read these bills -
SENATOR MALTESE: I hope so.
SENATOR DOLLINGER: -- and this
one particularly struck my fancy. And my
question is, what is the effect of repealing
paragraph C of that provision of the Town Law?
That's the one thing that's missing from the
2885
bill, of course, is exactly what's being
repealed. It says it's repealed, but it -
SENATOR MALTESE: Where is that,
Madam President?
SENATOR DOLLINGER: Through you,
Madam President, I'm simply pointing to the
calendar which says "to repeal paragraph C of
subdivision 2 of section 50A." And I wasn't
sure what the effect of the repealer was,
which is the basis for my question.
SENATOR MALTESE: All right,
let's see if we can find it. That's paragraph
C of Section -
SENATOR DOLLINGER: Subdivision 2
of Section 50A.
SENATOR MALTESE: Believe it or
not, I have subdivision 2, Section 50A.
Applications. The provisions of this
article -- well, it talks about -
SENATOR DOLLINGER: Subparagraph
C is the one that's repealed.
SENATOR MALTESE: C. This is it
now.
"That in the event the town board
of a town having a population of at least
2886
25,000 shall adopt such a resolution on or
before July 1, 1963, a referendum on petition,
if any, shall, notwithstanding the provisions
of the paragraph B, be held thereon at the
election in November 1963" -- "be held thereon
in the election in November 1963, and the
resolution is approved that with such
referendum the town shall become a suburban
town on January 1, 1964."
And I think, Madam President,
that's a perfect example dealing with laws
that either take effect or are in effect for
1963 and 1964. And unfortunately, most of us
are not as persistent nor as efficient as my
good colleague. And probably between the time
it was enacted and now, it probably wasn't as
closely perused. So that we now have done
something that should have been done more than
30 years ago.
SENATOR DOLLINGER: Through you,
Madam President. I appreciate -- on the bill.
I appreciate Senator Maltese's
candor. It looks like we are axing the hard
work of some diligent member of the Senate or
the Assembly that created a special bill that
2887
allowed some town somewhere in this state to
become a different class of town based on a
referendum.
But it's the right thing to do to
clarify these bills. I always just ask
whenever we're repealing stuff. I work with a
bunch of towns, and I just wanted to be
assured of that.
But this is the kind of thing we
should be doing, actually striking excess
language out of statutes. It's a good trend.
We ought to continue it.
Thank you, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 30. This
act shall take effect on the first day of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
Senator Montgomery.
SENATOR MONTGOMERY: Madam
2888
President, may I be recognized to ask for
consent to vote no on two bills?
THE PRESIDENT: Yes, Senator
Montgomery.
SENATOR MONTGOMERY: Okay. I
would like consent to vote no on Calendar
Numbers 643 and 656.
THE PRESIDENT: Without
objection, Senator, you will be recorded as
voting in the negative on Calendars 643 and
656.
SENATOR MONTGOMERY: Thank you.
THE PRESIDENT: You're welcome.
The Secretary will read.
THE SECRETARY: Calendar Number
634, by Senator Johnson, Senate Print 3212, an
act to amend the General Business Law, in
relation to the submission of fingerprints.
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, 55. Nays,
2889
2. Senators Duane and Montgomery recorded in
the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
641, by Senator Volker, Senate Print 110, an
act to amend the Penal Law, in relation to
determining.
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, 56. Nays,
1. Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
692, by Member of the Assembly Wright,
Assembly Print Number 4368A, an act to
authorize the United Pentecostal Church to
file an application.
SENATOR SKELOS: Explanation.
2890
THE PRESIDENT: Senator Paterson,
why do you rise?
SENATOR PATERSON: Me?
SENATOR SKELOS: Explanation
sufficient.
(Laughter.)
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. Nays,
1. Senator Dollinger recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
760, by Senator Saland, Senate Print 7137, an
act to amend Chapter 505 of the Laws of 1985.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect -
SENATOR PATERSON: Explanation,
2891
please.
SENATOR SKELOS: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: No, there is not.
SENATOR SKELOS: Thank you. If
we could stand at ease.
THE PRESIDENT: The Senate will
stand at ease.
(Whereupon, the Senate stood at
ease at 2:53 p.m.)
(Whereupon, the Senate reconvened
at 2:55 p.m.)
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
And the Senate will stand at ease.
2892
ACTING PRESIDENT MORAHAN: There
will be an immediate meeting of the Senate
Finance Committee in the Majority Conference
Room.
And the Senate will continue to
stand at ease.
(Whereupon, the Senate stood at
ease at 2:56 p.m.)
(Whereupon, the Senate reconvened
at 3:17 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees. There is a report of the Finance
Committee at the desk. I ask that be it read
at this time.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations:
As a member of the Buffalo and Fort
Erie Bridge Authority-Peace Bridge, Louis J.
2893
Billittier, of Hamburg.
SENATOR SKELOS: Move the
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Louis J.
Billittier as a member of the Buffalo and Fort
Erie Bridge Authority-Peace Bridge. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the New York State Energy Research and
Development Authority, Timothy Carey, of
Montrose.
SENATOR SKELOS: Move the
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Timothy
Carey as a member of the New York State Energy
2894
Research and Development Authority. All those
in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As members of the
Board of Trustees of the New York State Higher
Education Services Corporation, Jeannine M.
Purtell, of Hagaman, and R. Mark Sullivan, of
Albany.
SENATOR SKELOS: Move the
nominations.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Jeannine M.
Purtell and R. Mark Sullivan as members of the
Board of Trustees of the New York State Higher
Education Services Corporation. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
2895
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominees are confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a trustee of
the State University Construction Fund,
Francis B. McKenna, of White Plains.
SENATOR SKELOS: Move the
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Francis B.
McKenna as a trustee of the State University
Construction Fund. All those in favor signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As commissioner
2896
of the State Insurance Fund, John F.
Carpenter, of Elmira.
SENATOR SKELOS: Move the
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of John F.
Carpenter as a commissioner of the State
Insurance Fund. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As members of the
Board of Visitors of the Creedmoor Psychiatric
Center, Phillip Click, of Flushing, and Judy
Grubin, of Jackson Heights.
SENATOR SKELOS: Move the
nominations.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Phillip
2897
Click and Judy Grubin as members of the Board
of Visitors of the Creedmoor Psychiatric
Center. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominees are confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Board of Visitors of the Kingsboro
Psychiatric Center, Wallace Nottage, of
Brooklyn.
SENATOR SKELOS: Move the
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Wallace
Nottage as a member of the Board of Visitors
to the Kingsboro Psychiatric Center. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
2898
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Board of Visitors of the Manhattan
Psychiatric Center, Peter G. Holden, Sr., of
New York City.
SENATOR SKELOS: Move the
nomination.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Peter G.
Holden, Sr., as a member of the Board of
Visitors to the Manhattan Psychiatric Center.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominee is confirmed.
The Secretary will continue to
read.
2899
THE SECRETARY: As members of the
Board of Visitors of the South Beach
Psychiatric Center, Linda Blyer, of Brooklyn,
and Donald Gray, of Staten Island.
SENATOR SKELOS: Move the
nominations.
ACTING PRESIDENT MEIER: The
question is on the confirmation of Linda Blyer
and Donald Gray as members of the Board of
Visitors to the South Beach Psychiatric
Center. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
nominees are confirmed.
SENATOR SKELOS: Mr. President,
if we could just stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 3:22 p.m.)
(Whereupon, the Senate reconvened
2900
at 4:14 p.m.)
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: There will be an
immediate conference of the Majority in the
Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate conference of the Majority in the
Majority Conference Room.
SENATOR SKELOS: Stand at ease.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 4:15 p.m.)
(Whereupon, an announcement was
made at 4:29 p.m.)
SENATOR DUANE: There will be an
immediate meeting of the Minority in the
Minority Conference Room, Room 314.
(Whereupon, the Senate reconvened
at 5:25 p.m.)
ACTING PRESIDENT MARCELLINO:
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be a conference of the Majority at
2901
5:30.
ACTING PRESIDENT MARCELLINO:
There will be a conference of the Senate
Majority at 5:30 in the Majority Conference
Room.
The Senate will remain at ease.
(Whereupon, the Senate stood at
ease at 5:26 p.m.)
(Whereupon, the Senate reconvened
at 6:10 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Majority Conference Room.
(Whereupon, the Senate stood at
ease at 6:11 p.m.)
(Whereupon, the Senate reconvened
at 6:38 p.m.)
ACTING PRESIDENT MEIER: Senator
Bruno.
2902
SENATOR BRUNO: Mr. President,
can we at this time return to the reports of
standing committees. I believe there's a
report from the Finance Committee at the desk.
I ask that it be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills:
Senate Print 6294A, Budget Bill, an
act to amend Chapter 474 of the Laws of 1996;
6404B, Budget Bill, an act making
an appropriation for the support of
government, Public Protection, Health and
Mental Hygiene Budget;
7832, by Senator Bruno, an act
authorizing the creation of a state debt;
And 7833, by Senator Bruno, an act
to amend the State Finance Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: All
bills reported directly to third reading.
2903
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar 882.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 882.
THE SECRETARY: Calendar Number
882, Senate Budget Bill, Senate Print 6404B,
an act making appropriations for the support
of government, Public Protection, Health and
Mental Hygiene Budget.
SENATOR BRUNO: Mr. President, is
there a message at the desk?
ACTING PRESIDENT MEIER: There is
a message at the desk.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT MEIER: All in
favor of accepting the message of necessity
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
2904
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
SENATOR DOLLINGER: Explanation.
May I just have a brief explanation, please.
ACTING PRESIDENT MEIER: Senator
Stafford.
SENATOR STAFFORD: One thing I
work on is brevity.
I want to apologize to the leader,
I meant to bring an apple. But as these bills
start to move, after a number of years here
one can appreciate the hard work, the
dedication of all who have made this budget
possible.
This is a complex state. Sometimes
I think we -- those of us here take ourselves
for granted and don't realize how difficult it
is. But I compliment our leader, who has been
on the phone working through the night,
together with his staff. I should mention
names, but if I mention one name I should
mention every single name.
I compliment the Governor, the
Division of the Budget and all of the people
2905
that work with the Governor, and, yes, the
Assembly, who have all made this possible.
Sometimes when we run into people
and they make light of how easy they think
this process is in New York, if they were here
I think they would understand.
I will now be brief. And if I'm
too brief, I certainly will be glad to attempt
to answer any questions. And many of you, I
am sure, will agree that I'll only be
attempting. I understand.
But this Public Protection, Health
and Mental Hygiene Budget provides
appropriations for the operation of those
agencies involved in the delivery of criminal
justice, health, and mental health services.
General funding spending for these
agencies increased by 155 million over the
fiscal year 2000 Executive Budget. I'll run
over just a few highlights here, and I think
it will really cover it.
Highlights of these functional
areas include provisions of $55.4 million for
an expansion of the EPIC program, $500,000 for
an expansion of the prenatal care assistance
2906
program.
I could go on and on, but I won't
because I don't think it's really necessary.
SENATOR BRUNO: Mr. President,
can we just lay this aside temporarily and
take up Calendar 881.
ACTING PRESIDENT MEIER: The bill
will be laid aside temporarily.
The Secretary will read Calendar
881.
THE SECRETARY: Calendar Number
881, Senate Budget Bill, Senate Print 6294A,
an act to amend Chapter 474 of the Laws of
1996.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT MEIER: There is
a message of necessity at the desk.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the
message of necessity. All those in favor
signify by saying aye.
(Response of "Aye.")
2907
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
879.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 879.
THE SECRETARY: Calendar Number
879, by Senator Bruno, Senate Print 7832, an
act authorizing the creation of a state debt
to the amount of $3.8 billion, in relation to
2908
creating the Transportation Infrastructure
Bond Act of 2000.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT MEIER: There is
a message of necessity at the desk.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
2909
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Can we take up
Calendar Number 880.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 880.
THE SECRETARY: Calendar Number
880, by Senator Bruno, Senate Print 7833, an
act to amend the State Finance Law, in
relation to enacting the Debt Reform Act of
2000.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT MEIER: There is
a message of necessity at the desk.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
2910
(No response.)
ACTING PRESIDENT MEIER: The
message of necessity is accepted. The bill is
before the house.
Read the last section.
SENATOR DOLLINGER: Brief
explanation.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Brief
explanation, Mr. President.
ACTING PRESIDENT MEIER: Senator
Bruno, Senator Dollinger has requested a brief
explanation.
SENATOR BRUNO: Thank you,
Senator Dollinger, for that request.
This relates to the debt reform
proposal that we've been talking about,
hearing about. As we all know, New York State
debt is $37.5 billion, the highest in the
country. We have the second lowest bond
rating in the country.
This moves us in the right
direction, in that our debt now is about
6 percent of our personal income. This
2911
eventually, over the years, through a phasein,
takes us to 4 percent of personal income,
creating caps along the way.
And all of the people that have
reviewed this feel that the bond raters will
see this very favorably. This should save the
taxpayers of this state tens of millions of
dollars over the years.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, will Senator Bruno yield just to
one question?
ACTING PRESIDENT MEIER: Senator
Bruno, do you yield for a question?
SENATOR BRUNO: Yes. Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Senator
Bruno, could you just describe the extent to
which this amendment applies to back-door
borrowing? That is, debts incurred by other
state agencies or -- as you know, Senator, one
of the things that we've been criticized by
2912
bond agencies for is the overdependence on
back-door borrowing. How does this affect
that?
SENATOR BRUNO: This doesn't
relate specifically to back-door borrowing.
This relates to the debt that's out there
already and how we can incur future debt.
I believe the bill that we had
passed in this house previously last year
related to back-door borrowing, as well as
going forward. But the agreement that we were
able to reach permits us to go this far
presently.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President. I'll be equally as brief as
Senator Bruno, because that's the reason why
I'm going to vote against this bill. I
thought that the bill that we did last year
that affected back-door borrowing was the
right thing to do.
I think that this body charted the
right path for this state to get our borrowing
and our debt finances back on the right track,
2913
to look at everything we do, both through the
Thruway Authority or the Dormitory Authority,
and to impose the caps and restrictions on
those agencies as well as this one.
As everybody knows in this chamber,
when times get very tough and we're short of
cash, we do things like sell and lease back a
prison so that we can generate the cash and
the authority can borrow it. And that's the
kind of thing that drives, in my judgment,
drives us into the hole for which the bond
rating agencies have been so critical.
I know that this house has stood up
and asked for that form of debt relief and
debt reform. I know that it isn't in here,
and I'm disappointed it isn't. And so I'm
going to vote against it.
I think that the concept of making
a step forward is the right thing to do. It's
just that if we only do it with our general
obligation debt and our direct state debt and
don't do it with the one thing that is the
most criticized portion of our debt practices,
which is through the back door, we are really
reforming the part that we're not too bad on
2914
and we're letting the part that we're terrible
on continue to go without any reform at all.
I would suggest to my colleagues
that that's the fatal flaw in this compromise.
I understand it's a compromise. But from my
point of view, it's a compromise that doesn't
do the right job.
This is our chance to do debt
reform. Let's do the whole package now.
Let's do all the pieces now so that we send a
message to the bond rating agencies, which
could lower our debt cost, and send the right
message to the people that this is not the
right way to get to reform.
The job is not done. This bill
only affects a small piece of it. If we were
doing the whole thing, I'd be strongly in
favor of it. But under these circumstances,
I'm going to vote no.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President,
just for the record and for my colleagues, the
Attica situation that was just described, the
I-84 situation that was just described would
2915
be prohibited in this legislation. Some of
the other back-door borrowing, as you describe
it, would not.
And I would remind my colleagues
that we in the Senate did pass a bill that did
it all, and we are prepared now to pass a bill
to do it all. But in order for it to become
law, it would have to go through the Assembly
and get signed by the Governor. And that's
not the agreement we have.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 880 are
Senators Dollinger, Duane, and Schneiderman.
Ayes, 57. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
2916
can we now return to Calendar 882 and
recognize Senator Dollinger for an amendment.
ACTING PRESIDENT MEIER: Senator
Dollinger, just give us a second to put the
bill back on the floor.
The Secretary will read.
THE SECRETARY: Calendar Number
882, Senate Budget Bill, Senate Print 6404B,
an act making appropriations for the support
of government, Public Protection, Health and
Mental Hygiene Budget.
ACTING PRESIDENT MEIER: A
message of necessity was previously accepted.
Senator Dollinger.
SENATOR DOLLINGER: Mr.
President, I believe I have an amendment at
the desk. I'd waive its reading and ask to be
heard on the amendment, and then I'll address
it briefly and leave it to the house.
ACTING PRESIDENT MEIER: The
amendment is at the desk, the reading is
waived, and you're recognized for the purpose
of explaining.
SENATOR DOLLINGER: Thank you,
Mr. President.
2917
This is an issue that the
Democratic Conference in this house has
examined before and proposed an amendment to
the original version of the budget resolution
that this house passed. It deals with a
$10 million appropriation for the New York
State Division of Human Rights.
As has been well chronicled both in
the press and elsewhere, there is currently a
backlog of somewhere between 8,000 and 11,000
cases pending before our state
antidiscrimination agency. In order to reduce
that caseload, they need to about triple the
number of administrative law judges and about
double the number of investigators that are
currently hired. We need to do that in order
to be able to relieve the backlog that is
jamming up this agency and, quite frankly,
making a mockery of our antidiscrimination
laws.
Mr. President, this is an amendment
to add $10 million to the budget of that
agency so that we can get the backlog
accomplished, we can stop depriving people of
their constitutional right to have their cases
2918
promptly heard and to have discrimination
eradicated in this state.
Mr. President, I move the
amendment.
ACTING PRESIDENT MEIER: On the
amendment, all those in favor signify by
saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
Senator Duane.
SENATOR DUANE: Thank you, Mr.
President. I believe there's an amendment at
the desk.
ACTING PRESIDENT MEIER: Senator
Duane, there is no amendment at the desk
presently.
2919
SENATOR DUANE: I think it's on
its way, Mr. President. Your wish is our
command.
ACTING PRESIDENT MEIER: The
amendment is at the desk. Do you wish to
waive the reading?
SENATOR DUANE: I do, Mr.
President.
ACTING PRESIDENT MEIER: Reading
of the amendment is waived, and you're
recognized to explain the amendment.
SENATOR DUANE: Thank you very
much.
This amendment would appropriate an
additional $1 million for outpatient services
for legal immigrants. This would make it
possible for legal aliens to receive Medicaid
services or to be eligible for Medicaid
services.
Obviously disease prevention,
preventive health, as well as treating people
who are ill is very, very important to the
overall healthcare of our state. And I would
encourage my colleagues on both sides of the
aisle to vote for this.
2920
I think it's wrong that we don't
cover hardworking people who may not yet be
legal residents -- I'm sorry, who are legal
residents but who are not yet citizens of our
country. And I believe that our state has a
responsibility to provide healthcare to them.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: On the
amendment, all in favor signify by saying aye.
SENATOR CONNOR: Party vote in
the affirmative.
SENATOR BRUNO: Party vote in the
negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
On the bill. Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
2921
roll.
Hold it a second. We'll withdraw
the roll call.
Senator Gentile.
SENATOR GENTILE: Yes, I'm sorry,
Mr. President. I believe I have an amendment
at the desk. I'd ask that reading be waived
and you allow me to explain.
ACTING PRESIDENT MEIER: Senator
Gentile, if you'll give us a minute, I think
it's just arrived. We need to look at it.
SENATOR GENTILE: Sure.
ACTING PRESIDENT MEIER: Senator
Gentile, your amendment is at the desk. Do
you wish to waive its reading?
SENATOR GENTILE: Yes, I do, Mr.
President.
ACTING PRESIDENT MEIER: The
reading of the amendment is waived, and you're
recognized to explain the amendment.
SENATOR GENTILE: Thank you, Mr.
President.
I've spoken many times on this
floor about the need to expand the EPIC drug
prescription program in the state of New York.
2922
And I believe the will of that has been
expressed by this house in the passage of
legislation and by the health conference
committee on the budget, and including the
EPIC expansion in this year's budget.
However, my amendment addresses the
issue of the effective date of the EPIC
program. I believe that the date that is
included in this budget of January 1, 2001, is
in contradiction to the will of this house and
in contradiction to the will of the health
conference committee on the budget.
I say that because the health
conference committee on the budget had
registered -- had indicated that the start
date would be October 1st of this year, of
2000. And I believe that in the bill that we
passed in this house earlier this year on the
EPIC expansion, it indicated that the
effective date of the program would be 120
days after passage of the legislation and
signing into law.
That would bring -- if this
legislation were to be enacted, that would
bring us to about Labor Day of this year. So
2923
I believe that the start date in the budget is
in contradiction to the intent of this house
to start the EPIC program this year for senior
citizens, who have been waiting for at least a
year and a half or more to get some kind of
expansion to the EPIC drug program.
So in keeping with the health
conference committee on the budget
recommendation, my amendment, Mr. President,
is to make the start date of the EPIC program
October 1st of 2000 rather than the start date
as indicated in the budget of January 1st.
And I believe the intent of this
house was to do that and the intent of the
health committee was to do that, and I believe
that we should now make that -- make that
official through this amendment.
So, Mr. President, I ask that
that -- that is the context of my amendment.
ACTING PRESIDENT MEIER: On the
amendment, all those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
2924
(Response of "Nay.")
ACTING PRESIDENT MEIER: The nays
have it. The amendment is defeated.
On the bill. Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Duane.
SENATOR DUANE: If I may be
excused to -- if I may have unanimous consent
to cast my vote in the negative.
ACTING PRESIDENT MEIER: On the
last bill, Senator?
SENATOR DUANE: Yes, please.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendar 882.
Senator Bruno.
SENATOR BRUNO: Mr. President, is
2925
there presently any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes,
there is, Senator.
SENATOR BRUNO: Can we take that
up at this time.
ACTING PRESIDENT MEIER: Yes.
Senator Libous.
SENATOR LIBOUS: Thank you, Mr.
President.
On behalf of Senator Larkin, on
page 36 I offer the following amendments to
Calendar Number 637, Senate Print Number 684,
and ask that said bill retain its place on the
Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we go back to the original calendar of the
day -
ACTING PRESIDENT MEIER: The
Secretary will read.
SENATOR BRUNO: -- and call up
2926
Calendar 31, by Senator Saland.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar Number 31.
THE SECRETARY: Calendar Number
31, by Senator Saland, Senate Print 2320, an
act to amend the Criminal Procedure Law and
the Family Court Act, in relation to access to
records.
SENATOR CONNOR: Explanation.
ACTING PRESIDENT MEIER: Senator
Saland, an explanation has been requested of
Calendar 31 by Senator Connor.
SENATOR SALAND: Mr. President,
this bill would authorize the Crime Victims
Board to have access to sealed records for
purposes of enabling the board to investigate
claims that have been made for crime victims'
compensation.
There are any number of reasons why
a board would investigate. At times those
records are sealed and they cannot in fact
confirm the validity of the victim's
complaint.
The bill would also require that
those records, once they had been opened,
2927
would be maintained as confidential and would
not be released to anybody else.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
would the sponsor yield for a question?
ACTING PRESIDENT MEIER: Senator
Saland, do you yield for a question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Mr. President,
my concern is that the records that are sealed
would somehow escape into the hands of the
public. And so I would have thought that the
fewer agencies that were involved in perusing
through the records or examining the records
would diminish the opportunity of those
records escaping into the public.
And I wondered what Senator Saland
thought about that.
SENATOR SALAND: I'm not aware of
any widespread abuse of those instances in
which otherwise confidential records are
2928
permitted to be accessed. That's done with
child protective laws. There are certain
categories of people who can have access to
those records. I'm not aware of any scandals
or misapplication of that law.
And what this is basically about is
trying to verify a claim that's been made by a
victim when at times the information that is
needed to verify is contained in a record that
may be sealed, whether it be a record that's
been sealed pursuant to CPL, in a criminal
proceeding, or pursuant to the Family Court
Act.
SENATOR PATERSON: Mr. President,
if the sponsor would continue to yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, what
is the procedure that would enable someone to
actually have the records released to the
public?
2929
SENATOR SALAND: The records
would not be released under this to the
public. The record would be assumably
subpoenaed by the -- sorry, there would be an
application for an order to have access to the
record. Probably at some point a subpoena
would be issued to the agency where these
records were deposited, and that agency would
have the opportunity to object, if it chose to
object, based upon whatever reasons it would
choose to.
And the court would make the
decision whether or not the records should be
released.
SENATOR PATERSON: Mr. President,
if Senator Saland would just yield for just a
quick follow-up question here.
I would assume that it's the court
that releases the records.
SENATOR SALAND: I would -- that
is routinely the process that is gone through
in other instances where there is a sealed
record. This merely would permit the Crime
Victims Compensation Board to have access to
those records.
2930
SENATOR PATERSON: Mr. President,
if the sponsor could continue to yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
He yields.
SENATOR SALAND: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: That's
okay, I knew you would.
SENATOR PATERSON: Therefore, Mr.
President, it would appear that what would be
the protection against my concern about the
records being in the hands of different
agencies, that Senator Saland has answered it.
He's saying that the court, in the end, is the
final arbiter of whether or not the records
should be released.
So that even if we went beyond what
Senator Saland is proposing -- and perhaps he
has a future bill where he feels that for the
protection of a victim or for some pertinent
information, if even another agency in
addition to the one he's recommending in this
legislation were to want to peruse the
records, that that would come as a result of
2931
an action of the court; is that correct?
SENATOR SALAND: I can't tell you
what the future will bring us, Senator
Paterson. But I can't even contemplate under
what other circumstances I might be presenting
any proposal to disclose otherwise sealed
records.
But certainly in this case it's not
my intention that these records be made
public, that they go through a process by
which a determination would be made by a court
as to whether or not the records would be
released to the Crime Victims Board. And once
released, if released, there would be a
confidentiality requirement imposed.
SENATOR PATERSON: Thank you,
Senator Saland.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Paterson, on the bill.
SENATOR PATERSON: Under Section
375.1 of the Family Court Act, and 381.3,
there is pretty clearly set forth the
proposition that the court is the one that
seals the records and would unseal the records
2932
of juveniles.
And yet I can think of three
example where the records were released to the
public or to the press through the actions of
individuals within agencies or, in some cases,
we don't know who released those records.
The most recent case followed the
March 16th death of Patrick Dorismond of New
York in what may have been an accidental
police shooting or an excessive use of police
force. Nonetheless, in that particular case
the Mayor of New York City took responsibility
for having those records released and said
that Mr. Dorismond did not have a private
right once he expired.
And yet from the conversation with
Senator Saland and the conversations I've had
with everybody else who has any legal
training -- and even those who did not but can
read -- the fact is that it does appear that
it is really only within the purview and that
to release those records must be some action
taken in front of a court.
In this particular case an
executive and a police commissioner decided
2933
that because they didn't like the tone in
which the media was portraying a particular
individual, that they would go in and release
those records through employees of the Office
of Court Administration, who they've never
named, saying that they thought that they
wanted to do that because they wanted the
world to know that this individual was not a
choir boy. When in fact, when he was in
church as a juvenile, he was a choir boy and
was not ever convicted of any misdemeanor or
felony, and as an adult was only convicted of
a violation.
This is why when we seal records we
have to be scrupulously careful that we do not
allow the records to in any way trickle into
hands where political actions or actions that
respond to the whim or the individual desire
of any individual in some way contravene what
really is the intention of the court.
Otherwise, there would be no reason
to seal documents. And though we might
actually seal them, it really would mean
absolutely nothing to the families and to the
individuals.
2934
There's a public policy that
commands us to seal documents when we feel
that there is a philosophy that at the time
juveniles might be in a particular situation
where there would be no further scrutiny on
this particular case because there hasn't been
documented behavior rising to a threshold
where we would see that there would be any
further purpose in examining this person's
record.
But unfortunately, while this
attitude seems to still be in the
atmosphere -- that whenever there's a
high-profile case and we can take these kind
of actions -- I have to oppose this
legislation.
With, in a sense, my apologies to
Senator Saland, who I think his intention is
quite right in a lot of ways, because this
would guarantee greater protections and
greater information to the victims of crimes,
who we must be most interested in, rather than
the potential perpetrators.
But because apparently there is
still a significant element in our government
2935
that feels -- still feels comfortable stating
that an individual's rights expire when they
die, and not recognizing that this had nothing
to do with the individual's rights but has to
do with family records that are in the
possession of the court, I have to vote no on
this particular bill.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
negative on Calendar Number 31 are Senators
Gonzalez, Montgomery, Paterson, Rosado, A.
Smith, and M. Smith. Ayes, 54. Nays, 6.
ACTING PRESIDENT MEIER: The bill
is passed.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Mr. President, I
would like the record to reflect that had I
2936
been in the Senate chamber yesterday, May 3rd,
2000, I would have voted in the negative on
Calendar Number 647, Senate Print 2059.
ACTING PRESIDENT MEIER: Senator,
the official attendance record has you marked
as absent for yesterday's session. The record
will reflect that had you been in attendance,
you would have voted in the negative on that
calendar number.
SENATOR HEVESI: Thank you, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
760.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 760.
THE SECRETARY: Calendar Number
760, by Senator Saland, Senate Print 7137, an
act to amend Chapter 505 of the Laws of 1985.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Saland, an explanation has been requested of
2937
Calendar 760 by Senator Duane.
SENATOR SALAND: Mr. President,
this is an extender of a program that permits
closed-circuit television to be used where a
court determines that a child is a vulnerable
child witness. By definition, that means a
child of 12 years or less. And as I mentioned
earlier, it's applicable in sex offense cases.
This is an extender that would
extend the law from the current November 1 of
2000 to September 1 of 2001, and marks one in
a series of extenders with respect to this
legislation.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Would the sponsor
yield, please?
ACTING PRESIDENT MEIER: Senator
Saland, do you yield for a question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Thank you.
I'm wondering if the sponsor could
2938
tell me what the original dates of the pilot
program were.
SENATOR SALAND: Well, as I look
at Senate 7137, it says "an act to amend
Chapter 505 of the Laws of 1985." So I'm
assuming it's 1985.
And I would point out that this
house has passed legislation on more than one
occasion permanentizing this. I certainly
find that to be absolutely reasonable. I
would welcome the other house doing the same
thing.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would continue
to yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering if
the sponsor could tell me when the results of
the original pilot program were published and
distributed.
2939
SENATOR SALAND: I could not.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would -
SENATOR SALAND: I would also add
to that, however, to the extent that it has
been used, I would find it hard to believe
that anybody under the circumstances would not
welcome or embrace the idea of removing a
traumatized child who is the subject of or
party to a sex offense -- not being removed
out of the public glare of the offender, of
now what could be television coverage, and
into a closed-circuit environment.
SENATOR DUANE: Through you, Mr.
President.
I'm wondering if the sponsor could
mention when he heard myself or anyone else in
this chamber say that they were opposed to
this use of videotaping or closed-circuit
television in these cases.
SENATOR SALAND: I was not
attempting to impugn anybody, but merely to
say that whatever the data would be -- and
there may well be data that's currently
there -- the data is almost rendered
2940
irrelevant. Because if on one occasion and
one occasion alone a child was spared the
further traumatization of having to endure
public testimony, it's been a marvelous
success.
And I'm aware, as I'm sure you are
as well, that this has been used effectively
on more than one occasion.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering if
the sponsor would provide me with his
definition of a pilot program.
SENATOR SALAND: I'd be more than
happy to. But what you might want to do is
get the blue-back out and perhaps go back and
look through the history. This certainly
predates me.
And again, we've -- we have offered
2941
to permanentize this. I think it's well
beyond being a pilot program. And in fact we
have, if you would want to check the record,
offered to permanentize this by passing
legislation in this house.
It's well past the stage where it
should be permanentized, but we're doing the
best we can here accepting what will be given
to us.
SENATOR DUANE: Thank you.
On the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: Time and time
again on the floor of this body we vote on
pilot programs, extending pilot programs.
The -- I'm now in my second year of my first
term in this body. I've never seen any study
or any results from any pilot program that's
been talked about on the floor of this.
I'm wondering whether or not a
pilot program is just a myth of the Senate, a
myth of the way that state government works.
I think that if we're going to call things
pilot programs, that we are owed results of
2942
those pilot programs.
I support the use of closed-circuit
television for child witnesses in these cases.
I think it's an excellent idea. But I object
to time and time again things being referred
to not just as it applies to children and
families or things in that realm, but across
the board in criminal justice cases. And, for
that matter, in economic development.
I have never seen the results of
any of these so-called pilot programs. And
I'm hoping that before we vote on any more of
them, we'll actually get to see the results of
what these pilot programs are supposed to have
done.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
ACTING PRESIDENT MEIER: The bill
2943
is passed.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President. I would request at this time
unanimous consent to be recorded in the
negative on Calendars 881 and 882, please.
ACTING PRESIDENT MEIER: Without
objection, Senator Schneiderman will be
recorded in the negative on Calendar 881 and
882.
SENATOR BRUNO: Mr. President,
can we ask for an immediate meeting of the
Finance Committee in Room 332.
ACTING PRESIDENT MEIER: There
will be an immediate meeting of the Finance
Committee in Room 332.
SENATOR BRUNO: Stand at ease,
please.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(Whereupon, the Senate stood at
ease at 7:20 p.m.)
(Whereupon, the Senate reconvened
at 7:21 p.m.)
ACTING PRESIDENT MEIER: Senator
2944
Paterson.
SENATOR PATERSON: Mr. President,
I'd like to announce a conference of the
Minority in Room 314 at 7:45 p.m. Conference
of the Minority in Room 314 at 7:45 p.m.
ACTING PRESIDENT MEIER: There
will be a meeting of the Minority Conference
in Room 314 at 7:45 p.m.
(Whereupon, the Senate stood at
ease at 7:22 p.m.)
(Whereupon, the Senate reconvened
at 7:38 p.m.)
SENATOR BRUNO: Mr. President.
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President,
can we return to the reports of standing
committees. And I believe there's a report
from the Finance Committee at the desk.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills:
2945
Senate Print 6292A, Senate Budget
Bill, an act to authorize the Dormitory
Authority of the State of New York;
6293A, Senate Budget Bill, an act
to provide for the utilization of utility
assessment funds;
6402B, Budget Bill, an act making
appropriations for the support of government,
General Government Budget;
And 6403B, Senate Budget Bill, an
act making appropriations for the support of
government, Transportation, Economic
Development and Environmental Conservation
Budget.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: All
bills directly to third reading.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we call up Calendar Number 883.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 883.
THE SECRETARY: Calendar Number
883, Senate Budget Bill, Senate Print 6402B,
2946
an act making appropriations for the support
of government, General Government Budget.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT MEIER: There's
a message of necessity at the desk.
SENATOR BRUNO: Move to accept
the message.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
house.
The Secretary will read the last
section.
SENATOR DOLLINGER: Mr.
President.
ACTING PRESIDENT MEIER: I'm
sorry. Senator Dollinger.
SENATOR DOLLINGER: Mr.
2947
President, I believe there's an amendment at
the desk.
ACTING PRESIDENT MEIER: Yes,
there is.
SENATOR DOLLINGER: I'd ask that
the reading of the amendment be waived and
that I be heard on it briefly.
ACTING PRESIDENT MEIER: Reading
is waived, and you're recognized to explain
the amendment.
SENATOR DOLLINGER: Thank you,
Mr. President.
This is very simple. This is an
additional appropriation out of the surplus of
$13 million for the City of Rochester, to make
up the gap between what's been appropriated
under the current budget and the $29 million
needed to close the city's budget gap.
It's been a subject of some debate.
It's not included in this budget, and I
believe it should be.
I move the amendment, Mr.
President.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
2948
favor signify by saying aye.
SENATOR BRUNO: Party vote in the
negative.
SENATOR PATERSON: Party vote in
the affirmative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 24. Nays,
36. Party vote.
ACTING PRESIDENT MEIER: The
amendment is defeated.
On the bill. Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
2949
can we now call up Calendar 884.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 884.
THE SECRETARY: Calendar Number
884, Senate Budget Bill, Senate Print 6293A,
an act to provide for the utilization of
utility assessment funds.
SENATOR BRUNO: Is there a
message at the desk?
ACTING PRESIDENT MEIER: There is
a message of necessity at the desk.
SENATOR BRUNO: Move we accept
the message.
ACTING PRESIDENT MEIER: All in
favor of accepting the message of necessity
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted.
The Secretary will read the last
section.
THE SECRETARY: Section 3. This
2950
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR STACHOWSKI: Excuse me.
Can you recall the roll call on that?
ACTING PRESIDENT MEIER: Roll
call is withdrawn.
SENATOR STACHOWSKI: Okay, go
ahead. Sorry.
ACTING PRESIDENT MEIER: The
request to withdraw the roll call is
withdrawn.
The Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
the Minority is going into conference, so I
would suggest that we stand at ease till 8:10.
And our expectation is that we will finish
shortly thereafter.
2951
ACTING PRESIDENT MEIER: There
will be a Minority Conference meeting.
The Senate will stand at ease until
8:10.
(Whereupon, the Senate stood at
ease at 7:45 p.m.)
(Whereupon, the Senate reconvened
at 8:27 p.m.)
ACTING PRESIDENT MEIER: Senator
Bruno.
SENATOR BRUNO: Mr. President,
would you at this time recognize Senator
Duane.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you. Mr.
President, with unanimous consent, if I could
be recorded in the negative on Calendar Number
884, S6293A.
Oh, I'm sorry, in the affirmative.
In the affirmative, I'm sorry. Change from
negative to affirmative.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the affirmative.
2952
Senator Mendez.
SENATOR MENDEZ: I want to advise
the members that there will be a conference
tomorrow of the Minority in Room 314, 9:30 in
the morning.
ACTING PRESIDENT MEIER: There
will be a meeting of the Minority Conference,
9:30 tomorrow morning.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
Mr. President, I would request unanimous
consent to be recorded in the negative on
6402B.
ACTING PRESIDENT MEIER: Without
objection, Senator Schneiderman will be
recorded in the negative on Calendar 883.
Senator Bruno.
SENATOR BRUNO: Mr. President,
there being no further business to come before
the Senate, I would move that we stand
adjourned until tomorrow at 10:00 a.m. sharp.
Thank you very much.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
tomorrow at 10:00 a.m. sharp.
2953
(Whereupon, at 8:30 p.m., the
Senate adjourned.)