Regular Session - May 16, 2000
3421
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 16, 2000
11:05 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
3422
P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
Will everyone present please rise
and repeat with me the Pledge of Allegiance to
the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, May 15th, the Senate met pursuant to
adjournment. The Journal of Sunday, May 14th,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
3423
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
On behalf of Senator Bonacic,
please place a sponsor's star on Calendar
Number 995.
ACTING PRESIDENT MEIER: A
sponsor's star will be placed on Calendar 995.
SENATOR MARCELLINO: Mr.
President, on page number 56, I offer the
following amendments to Senator Skelos's bill,
Calendar Number 1043, Senate Print Number
6777, 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 MARCELLINO: Thank you,
3424
Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Environmental Conservation Committee in the
Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Environmental
Conservation Committee in the Majority
Conference Room.
Senator Skelos.
SENATOR SKELOS: Mr. President,
are there substitutions at the desk?
ACTING PRESIDENT MEIER: Yes,
there are.
SENATOR SKELOS: If we could make
them at this time.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: On page 22,
Senator Volker moves to discharge, from the
Committee on Rules, Assembly Bill Number 10921
and substitute it for the identical Senate
Bill Number 7027, Third Reading Calendar 546.
3425
On page 23, Senator Saland moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10427 and substitute it
for the identical Senate Bill Number 6760,
Third Reading Calendar 550.
On page 27, Senator Lack moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7970A and substitute it
for the identical Senate Bill Number 4789A,
Third Reading Calendar 655.
On page 30, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10893 and substitute it
for the identical Senate Bill Number 7374,
Third Reading Calendar 722.
On page 44, Senator Trunzo moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10801 and substitute it
for the identical Senate Bill Number 7335,
Third Reading Calendar 919.
On page 46, Senator Goodman moves
to discharge, from the Committee on Rules,
Assembly Bill Number 9596A and substitute it
for the identical Senate Bill Number 7470,
Third Reading Calendar 938.
3426
On page 50, Senator Lack moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10428 and substitute it
for the identical Senate Bill Number 6915,
Third Reading Calendar 977.
On page 50, Senator Lack moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7455A and substitute it
for the identical Senate Bill Number 7429,
Third Reading Calendar 978.
And on page 57, Senator Farley
moves to discharge, from the Committee on
Rules, Assembly Bill Number 10035 and
substitute it for the identical Senate Bill
Number 7584, Third Reading Calendar 1052.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could adopt the Resolution Calendar.
ACTING PRESIDENT MEIER: All in
favor of adopting the Resolution Calendar
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
3427
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution at the desk by
Senator Maziarz. If we could have the title
read and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Maziarz, Legislative Resolution Number 4248,
honoring Lyndon D. Billings upon the occasion
of his designation for special recognition on
Sunday, May 21, 2000.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
3428
Senator Skelos.
SENATOR SKELOS: Mr. President,
there is a privileged resolution at the desk
by Senator Gentile. May we please have the
title read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Gentile, Legislative Resolution Number 4153,
honoring Lieutenant Colonel Francis D.
Clepper, Jr., upon the occasion of his
retirement after 21 years of dedicated service
to the United States Army.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
3429
if we could take up the noncontroversial
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
143, by Senator LaValle, Senate Print 2050A,
an act to amend the Education Law, in relation
to terms of community college trustees.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
400, by Senator Volker, Senate Print 729, an
act to amend the Penal Law, in relation to
causing the death of a peace officer.
ACTING PRESIDENT MEIER: Read the
last section.
3430
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
404, by Senator Padavan, Senate Print 1047, an
act to amend the Penal Law, in relation to
including police officers in the violent
felony offense.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 40.
ACTING PRESIDENT MEIER: The bill
is passed.
3431
THE SECRETARY: Calendar Number
454, by Senator LaValle, Senate Print 2760A,
an act to amend Chapter 246 of the Laws of
1916 relating to the extermination of
mosquitoes.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
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, 40.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
474, by Senator Trunzo, Senate Print 4491, an
act to amend the Public Authorities Law, in
relation to resident discounts.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
3432
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
526, by Member of the Assembly Sweeney,
Assembly Bill Number 9429, an act to amend
Chapter 572 of the Laws of 1994 amending the
Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
569, by Member of the Assembly Matusow,
Assembly Bill Number 4885, an act to amend the
Education Law, in relation to requiring the
Regents to include information.
3433
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, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
603, by Senator Bonacic, Senate Print 4850, an
act to amend the Public Authorities Law, in
relation to indemnification by the state.
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, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
3434
701, by Senator Padavan, Senate Print 6835, an
act to amend the General Municipal Law, in
relation to the salary of full-time police
officers.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
713, by Senator Hannon, Senate Print 7336, an
act to authorize the Miracle Christian Center
in the Town of Hempstead.
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, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
718, by Senator Hannon, Senate Print 7301, an
3435
act to amend Chapter 483 of the Laws of 1978
amending the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
719, by Senator Hannon, Senate Print 7367, an
act to amend Chapter 505 of the Laws of 1995
amending the Public Health Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
3436
is passed.
THE SECRETARY: Calendar Number
742, by Senator Leibell, Senate Print 6866, an
act to amend the General Municipal Law and the
Retirement and Social Security Law, in
relation to increasing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect July 1st.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
748, by Senator Seward, Senate Print 6745A, an
act to amend the Insurance Law and the Public
Health Law, in relation to claims.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect 180 days.
ACTING PRESIDENT MEIER: Call the
3437
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
750, by Senator Seward, Senate Print 7294, an
act to amend the Insurance Law, in relation to
the issuance of service contract reimbursement
policies.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
759, by Senator Meier, Senate Print 6689, an
act to amend Chapter 942 of the Laws of 1983
and Chapter 541 of the Laws of 1984.
ACTING PRESIDENT MEIER: Read the
3438
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
818, by Senator Saland, Senate Print 1831, an
act to amend the Criminal Procedure Law, in
relation to expanding the offenses.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of the
calendar month next succeeding the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
3439
944, by Senator Larkin, Senate Print 4625A, an
act to amend the General Municipal Law, in
relation to establishment.
ACTING PRESIDENT MEIER: There is
a home rule -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
949, by Senator Skelos, Senate Print 6871, an
act to amend Chapter 821 of the Laws of 1970
amending the Town Law.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
951, by Senator Stafford, Senate Print 7210,
3440
an act to amend the Town Law, in relation to
publicity fund.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
955, by Senator Dollinger, Senate Print 6541,
an act to authorize the City of Rochester to
discontinue the use of certain lands as
parklands.
ACTING PRESIDENT MEIER: Read the
last section -- I'm sorry, there is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
3441
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
962, by Senator DeFrancisco, Senate Print 706,
an act to amend the General Obligations Law,
in relation to enacting the "Drug Dealer
Liability Act."
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR MONTGOMERY: Lay that one
aside, please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
989, by Senator Morahan, Senate Print 6044, an
act to amend the Public Authorities Law, in
relation to authorization by local law.
ACTING PRESIDENT MEIER: There is
a home rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
3442
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1010, by Senator Volker, Senate Print 7378, an
act to amend the Penal Law, in relation to
arson in the fifth degree.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1025, by Senator Johnson, Senate Print 6352B,
an act to amend the Highway Law, in relation
to requiring the installation and maintenance.
3443
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect 180 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1040, by Senator Fuschillo, Senate Print 6876,
an act to amend the Correction Law, in
relation to requiring Internet access.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Oh, I'm
sorry. Senator Duane.
SENATOR DUANE: I'm going to vote
no on this piece of legislation. I voted
3444
without rec in -- without recommendation in
the committee.
I just believe if we're going to
tamper with or reform Megan's Law that we
should do it with an omnibus bill and not just
do it piecemeal in this manner. As many of
you know, I'm not supportive of that
legislation at all. But if we're going to
reform it, then let's reform it.
I'll be voting no on this, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Duane will be recorded in the negative.
The Secretary will report the
results.
THE SECRETARY: Ayes, 48. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1062, by Senator Lack, Senate Print 6443, an
act to amend the Tax Law, in relation to
extending the authorization.
ACTING PRESIDENT MEIER: Read the
last section.
3445
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1070, by Senator Goodman, Senate Print 7116,
an act to amend the Public Officers Law, in
relation to requests for certain records under
the Freedom of Information Law.
SENATOR DUANE: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1088, by Senator Morahan, Senate Print 6217B,
an act to amend the Executive Law, in relation
to increasing the annuity of blind veterans.
SENATOR MORAHAN: Mr. President,
on the bill.
ACTING PRESIDENT MEIER: We're on
the noncontroversial calendar, Senator. Would
3446
you like to explain your vote?
SENATOR MORAHAN: Yes, I would,
Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Morahan, to explain his vote.
SENATOR MORAHAN: Thank you, Mr.
President.
This particular bill increases the
annuity that we pay to blinded veterans in the
State of New York from $500 a year to $1,000.
We're joined here today by the
president of the Blinded Veterans Association
of New York, Mr. Herb Sutton, and his
assistant, Regis Querin.
This was first established in 1913
and has never been changed until today. And I
believe that this is a bill certainly long,
long overdue, one that gives just a little bit
3447
of recognition to the blinded vets.
Is it enough? No. Should it be
more? Yes. Will we try for more? Yes, we
will. We have provided for the funding in
this year's budget. It's going to cost
$1,600,000. And we got that through the Human
Services Committee in the budget negotiations.
So I'm delighted to pass this bill
today and welcome Mr. Herb Sutton with us
today, who has done so much work with the
blinded veterans and spearheaded this effort
to get this monetary change in the annuity.
Thank you, Mr. Sutton, for being
with us today.
ACTING PRESIDENT MEIER: Senator
Morahan will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Transportation Committee in the Majority
3448
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Transportation
Committee in the Majority Conference Room.
The Secretary will continue to read
the calendar.
THE SECRETARY: Calendar Number
1126, by Senator Meier, Senate Print 7615, an
act to repeal Section 153-k of the Social
Services Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1143, by Senator Morahan, Senate Print 7819,
an act to amend the Public Health Law and
Chapter 674 of Laws of 1997.
ACTING PRESIDENT MEIER: Read the
3449
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
noncontroversial reading of the calendar.
SENATOR SKELOS: Mr. President,
if we could take up the controversial
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
701, by Senator Padavan, Senate Print 6835, an
act to amend the General Municipal Law, in
relation to the salary of full-time police
officers.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
3450
Padavan, Senator Paterson has requested an
explanation of Calendar 701.
SENATOR PADAVAN: Thank you, Mr.
President.
I think we would all agree that
it's desirable to improve the quality and
background and the education of our police
officers in this state. And what this bill
will do, with certain limitations, is allow a
local municipality to authorize that one of
its police officers attend a college as a
student in good standing at least 24 hours a
week, receiving at least 16 credit hours of
instruction in police law enforcement and
criminal justice subject areas while being
paid full salary.
There are limitations in the bill,
such as the total number of weeks that a
police officer could participate in this, no
more than 32 in a given year.
Obviously, it's a proposed law that
would require local authority, local option.
They would have to opt into it or choose not
to. Total local discretion.
ACTING PRESIDENT MEIER: Senator
3451
Paterson.
SENATOR PATERSON: Would Senator
Padavan yield for a question?
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question?
SENATOR PADAVAN: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator
Padavan, this is such a good idea that my
question for you is, why would we not extend
this same opportunity to the other uniformed
services or even the other municipal
employees?
Can you distinguish for us what it
would mean to police officers that would give
them perhaps value for time served or
something that is ameliorating an obligation
or a responsibility that police officers have
that the other employees do not -- are not
responsible for, and therefore it would
explain why you would single out police
officers in this legislation?
SENATOR PADAVAN: Well, first let
me say I would agree with you, in theory, that
3452
I'm sure there are other areas of public
service where individuals would benefit by
extending their educational background and
being schooled in courses that would relate to
their employment. And perhaps we should
consider that at some future point in time.
But at the same time I would think
you would agree with me that police officers,
particularly today, with the wide areas of
responsibility they have, need that they be
sensitized to public concerns and be aware of
so many different aspects of the human
condition in their daily exposure out on the
street in whatever area of police enforcement
they are assigned to, that providing an
opportunity for them to have this educational
opportunity would be of major value to the
general public.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: If Senator
Padavan would continue to yield.
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: Senator
Padavan, do you continue to yield?
3453
The sponsor yields.
SENATOR PATERSON: Mr. President,
I am an advocate of increased training and a
variety of different skill training facilities
for police officers. And in fact this
conference is sponsoring legislation that
would increase the cadet recruitment program.
And we certainly agree with Senator
Padavan that in our world as it is today, with
the different peoples that make up our state
population, with the different cultural
patterns that exist in the neighborhoods
around our state, that part of the training
certainly is an understanding of a variety of
issues to contribute to what would be law
enforcement. And law enforcement is not just
walking around, perhaps with a firearm,
protecting people from the vices of other
people.
So I think Senator Padavan is
right. And he did exercise care in
preparation of this bill, particularly with
the hours, the limitations. And also Senator
Padavan seems to have addressed it in a way
that would be palatable to the different
3454
localities by allowing for an opt-out program.
So I think that there is a lot of research
that went into this legislation.
And yet, Senator, my question
really goes back to the whole issue of what
different professions would be entitled to
based on their relationship to that
municipality.
And I would ask you, through you,
Mr. President, whether or not you would
consider this to be better proposed as
legislation or something that I think would be
completely appropriate in negotiation with the
different police unions. And in those
negotiations, I would support the concept.
SENATOR PADAVAN: Well, first let
me say that since it is an opt-in program,
meaning that a given locality can decide to
either take advantage of this opportunity or
not, then obviously it could be part of a
collective bargaining process. There's
nothing that precludes it.
A municipality might say during the
negotiations, We will provide this program for
your members as part of our agreement, as
3455
authorized by state law. So that is not an
issue here.
As it relates to other areas of
municipal service, certainly, as I indicated
to you earlier, perhaps we should, in
consultation with both unions and other
organizations that represent those employees,
seek to expand this opportunity. And I'm
certainly open to that, and would welcome it.
However, today we have focused on
law enforcement, police officers, and I think
it makes sense to do so.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President. And thank you, Senator Padavan.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Paterson, on the bill.
SENATOR PATERSON: It is not my
desire to eliminate this idea that Senator
Padavan has brought before us today. But I
don't agree with Senator Padavan that you need
to establish this kind of an opportunity as a
matter of law.
3456
I think this is perfectly
functional as a negotiated item, as are many
negotiated items that exist in labor
negotiations. I don't think that you have to
have a law that says that police officers
during their 40-hour stint must always be
actually acting in a way that is commensurate
with what are the duties usually discharged by
police officers.
I think that police officers while
on the job now go to many different types of
training courses, they spend a lot of time
doing desk duty, they do a lot of things that
perhaps might be questioned but are perfectly
legal and are certainly perfectly acceptable
given the rigors and the difficulties of law
enforcement.
So I support the concept but am
going to vote against the legislation because
I think it establishes a dangerous precedent
that we are, as a legislative body, allowing
for what would really be an encumbrance that
would be put upon localities.
Now, one might say that it's not,
because the localities have an opt-out
3457
provision. But I think that living in the
world as we do, we know that there is going to
be a discussion, a public discussion about why
one municipality permits this and why one does
not.
And I think actually when that
argument is made, it will be correct. I don't
think that the police officers in Rockland
County should not be able to go to school
while working and the police officers, say, in
New York City are.
So I think that in New York State
it would probably be better to have one
policy. If there is going to be a
distinction, it should come through the
negotiations of labor, and not through law,
which at least we would want to think in a
situation like this would be even-handed
across the board in these situations.
ACTING PRESIDENT MEIER: Senator
Padavan.
SENATOR PADAVAN: Just briefly,
because I don't want to extend the debate
here.
First, I have to take some issue
3458
with what Senator Paterson just said. You
said there ought to be uniformity when it's
done. And that's exactly what we're doing
here. So that one police department, should
they opt in, will not have one type of program
as opposed to another. Whether or not to opt
in will be subject to that locality's
decision.
And I also disagree with you,
public discussion would be healthy if the
locality were to enter into dialogue with its
governing fathers as to whether or not this is
a good idea or not. And that may vary in
different parts of the state depending on
needs. Certainly the needs in the City of New
York may be vastly different in terms of its
police force with some small town upstate. So
we do provide for that.
But the issue of uniformity,
meaning if you do this, the limitations -
which are very clearly outlined in here, even
penalties, if they fail to continue employment
after they finish the course -- we don't want
someone to take advantage of this and then
leave the police force and the taxpayers have
3459
invested money in them. The bill provides
that they will pay that back.
So those kinds of things we want to
place on this even playing field.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I would like to ask Senator
Padavan a couple of questions.
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for a question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Thank you,
Senator Padavan.
I didn't see in the bill -- and
maybe it's just I wasn't reading it right -
do you have any requirements for time served
before being eligible to participate in this?
SENATOR PADAVAN: No.
SENATOR MONTGOMERY: Okay. And
what about residency requirements? In other
words, if a police officer in New York City
lives in Suffolk County, does that -- or
3460
Nassau County -
SENATOR PADAVAN: This bill does
not deal with the policy of that particular
police department -
SENATOR MONTGOMERY: So it
doesn't require -
SENATOR PADAVAN: -- relevant to
residency.
SENATOR MONTGOMERY: -- that you
live in the city in order to be eligible for
this program.
SENATOR PADAVAN: This is a
statewide bill, so obviously that would be
quite difficult.
No, it does not deal with
residency.
SENATOR MONTGOMERY: Okay. And
corrections officers, would you be willing to
certainly extend it to corrections?
Because there has been an argument
made that one of the reasons that we made
inmates ineligible for TAP was because we
didn't have the same eligibility for
corrections officers.
And so it seems to me that if they
3461
could benefit from this kind of law, there
would not be so much hostility emanating from
that particular group around the whole
question of TAP eligibility for inmates.
SENATOR PADAVAN: In the
definition of police officer -- it's Section
209(Q) -- it says, "The term 'police officer'
shall mean a member of the police force or
other organization of a municipality or a
detective or rackets investigator employed by
the office of the district attorney who is
responsible for the prevention or detection of
crime and the enforcement of the general
criminal laws of the state, but shall not
include any persons serving as such solely by
virtue of his occupying any other office or
position, nor shall such term include a
sheriff" and so and so on.
The way I read this definition of
what a police officer is, I do not think it
precludes correction officers.
SENATOR MONTGOMERY: So it's very
possible that we could include -
SENATOR PADAVAN: Yes.
SENATOR MONTGOMERY: Just one
3462
last question.
ACTING PRESIDENT MEIER: Senator
Padavan, do you yield for another question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Senator
Padavan, since your bill seeks to upgrade the
police force, I guess, and essentially provide
some kind of compensation beyond just their
pay for police officers, would you be willing
to include, you know, an amendment which, one,
requires residency in order to be eligible for
your program, as well as to have some time
served, you know, so we're not -- someone
doesn't walk in the first class -- I mean,
their first year on the force and they're
already in the program, versus someone who has
served for some time to be eligible?
SENATOR PADAVAN: I would be
happy to discuss these future amendments with
the Assembly sponsor.
I would say offhand, though,
relevant to residency, since this is a
statewide bill, the potential to all the
3463
police officers in small towns and villages
and other cities in this state, the issue of
the residency might be difficult in terms of
physically accomplishing that without doing
harm to that police department, wherever it
might be.
But it is something certainly we
could discuss with the Assembly sponsor and
those who are obviously involved in this
legislation.
SENATOR MONTGOMERY: Okay. Thank
you.
Just briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: Yes. I see
that this -- the concept I certainly agree
with.
I believe, however, there should be
some restrictions as it relates to the fact
that we are now really enhancing a police
officer's salary by virtue of offering that
person pay for time not being served. And one
of those obviously is some time having been
served already.
3464
And the other, for New York City in
particular, I believe that under no
circumstances should we be doing this for any
police officer who does not live in that city,
since this program would be paid by the City
of New York.
So I would have to vote no on this,
especially because of that. And hopefully we
can have, as Senator Padavan has opened it up
to some discussion as to how we can do this in
the most equitable manner.
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect January 1, 2001.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, has the roll call been completed on
that bill?
ACTING PRESIDENT MEIER: Not yet,
3465
Senator.
SENATOR DOLLINGER: I apologize.
ACTING PRESIDENT MEIER: That's
all right.
THE SECRETARY: Those recorded in
the negative on Calendar Number 701 are
Senators Montgomery, Paterson, and Rosado.
Ayes, 54. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Dollinger.
SENATOR DOLLINGER: I was at a
meeting of the EnCon Committee when a couple
of bills were on the floor. If I could have
unanimous consent to be recorded in the
negative on Calendar Number 713 and Calendar
Number 1062, Mr. President.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Calendar Numbers 713 and
1062.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT MEIER: The
Secretary will continue to read.
3466
THE SECRETARY: Calendar Number
944, by Senator Larkin, Senate Print 4625A, an
act to amend the General Municipal Law, in
relation to the establishment.
SENATOR FUSCHILLO: Lay it aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
962, by Senator DeFrancisco, Senate Print 706,
an act to amend the General Obligations Law,
in relation to enacting the "Drug Dealer
Liability Act."
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, an explanation has been requested
of Calendar 962 by Senator Montgomery.
SENATOR DeFRANCISCO: There is
probably nothing more destructive in our
society than drugs and drug dealing. It not
only is a great financial cost to society but
it's an incredible cost to individuals.
Some say that the way to deal with
this is to decriminalize the use of drugs and
therefore get the profit out from the drug
3467
dealer.
This is another approach -- namely,
it's called the "Drug Dealer Liability Act" -
to take the profit out of drug dealing by
providing for a private right of action by
those who are affected adversely as a result
of the sale of drugs.
And it's a unique bill that first
started in Michigan and has been adopted by
many other states since 1994, I believe. When
I first introduced this bill about three years
ago, Michigan, Oklahoma, Illinois, Hawaii,
Arkansas and California all had the bill -
all had the law. Since then, South Dakota,
Utah, Georgia, and Indiana have enacted this.
Basically what it does is it
provides a right of action by those who have
been injured -- either have become addicted,
have lost their lives or have received some
injury as a result of drug sales.
And the unique part of the bill is
that you don't necessarily have to sue the
exact individual who supplied the drugs to the
middle person all the way down. It basically
sets up a practice, depending on the amount of
3468
drugs that the individual is selling -- the
weight of the drugs and the amount of the
drugs determines what area they could be held
liable for for an individual taking drugs.
For example, if the weight is a
certain amount, the area that an individual
can sue that drug dealer for if his enterprise
is within, for example, Onondaga County is
Onondaga County. If it's a greater amount of
drugs, then the surrounding counties would be
the area that individuals could sue that drug
dealer if he's supplying drugs in that area.
And if it's statewide -- if it's a certain
amount of drugs, then it's considered the area
would be statewide.
So it expands the ability to sue
drug dealers. We now have provisions that
drug dealers have to forfeit sometimes their
homes, sometimes the car in which the drugs
are supplied. This would even make it more -
the drug dealer more vulnerable to losing the
proceeds from this illegal activity that's
devastating to our society.
ACTING PRESIDENT MEIER: Senator
Montgomery.
3469
SENATOR MONTGOMERY: All right.
Senator DeFrancisco -- Mr. President, I would
like to ask -
ACTING PRESIDENT MEIER: Senator
DeFrancisco, do you yield for a question?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Okay, thank
you.
Just briefly, if the drug dealer is
incarcerated and no longer has any assets,
what happens then? I was just curious.
SENATOR DeFRANCISCO: Well, it's
the same as just about any other lawsuit.
I've got a lot of certificates of judgments at
home that I put in frames where I can't
collect because the person doesn't have money.
But fortunately, some judgments are
collectable. Same thing with drug dealers.
Some have made a lot of money and show it.
And that money can be followed in collection
of the judgment.
The first case that was ever done
under the Michigan law ended up in a
3470
million-dollar verdict, some of which was
collected, against a drug dealer who caused
the death -- the drugs caused the death of a
crack baby. And the proceeds had to go,
unfortunately, to the siblings of the child
that died.
But in some cases there are dollars
available.
And this is a bill that I think is
worthy of passage for the -- I think it's also
important to note that there is a companion
bill in the Assembly, in Judiciary. Assembly
Member Ortiz has it. And hopefully he can
move it this year. We passed it last year on
the noncontroversial calendar.
SENATOR MONTGOMERY: All right.
Thank you.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
3471
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1070, by Senator Goodman, Senate Print 7116,
an act to amend the Public Officers Law, in
relation to requests for certain records under
the Freedom of Information Law.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: On the bill, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Duane, on the bill.
SENATOR DUANE: Thank you.
I'm going to vote no on this
legislation. I think that the state's Freedom
of Information regulations already have enough
exemptions, and I can't believe that none of
the current exemptions will cover this
technology.
So I'm going to vote no on this so
that we don't create any more exemptions for
FOIL.
Thank you, Mr. President.
SENATOR HEVESI: Mr. President.
3472
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Would the
sponsor yield to a question?
ACTING PRESIDENT MEIER: Senator
Goodman, do you yield for a question from
Senator Hevesi?
SENATOR GOODMAN: I will, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you, Mr.
President.
I am curious to know whether the
enactment of this legislation would lead to a
situation where an agency in its own
discretion, without any oversight or
independent judgment, could make their
determination that they didn't want to, for
whatever reason, release the information that
has been requested under Freedom of
Information and could do so with no appeal to
any independent authority.
SENATOR GOODMAN: No, Mr.
President.
3473
If I may, I was not asked to
explain the bill. I think I'd best do that so
that we can have it clear what this is about.
The bill permits an agency to deny
from public disclosure the records which could
facilitate unauthorized access to the agency's
highly technical information.
Technology assets are of course
significant, and we do not wish to have, in
the case of technologically oriented agencies
of the state government, any opportunity for
people that have a passkey into their
materials, because obviously this would not be
desirable from either a public or an agency
point of view.
So that this relates specifically
to highly technical information. It would not
open the door to generalized circumvention of
the Freedom of Information Act.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Mr. President,
if the sponsor would yield to the same
question that I asked initially.
ACTING PRESIDENT MEIER: Senator
3474
Goodman, do you yield for a question?
SENATOR GOODMAN: I will.
And you want me to yield to the
same question?
SENATOR HEVESI: Yes.
SENATOR GOODMAN: I thought I
responded to it.
SENATOR HEVESI: And I appreciate
the explanation.
The question is on its own can an
agency say no, this would facilitate
unauthorized access, and that is the -- that's
it, there's no -- a judge cannot overrule,
that's it. That's my question.
SENATOR GOODMAN: The answer is
that if there's technological information of a
sensitive nature, that the agency can do so,
that is correct.
SENATOR HEVESI: Okay. On the
bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: I fully
appreciate what Senator Goodman is attempting
to do here.
3475
But I'm a little bit concerned
because we happen to have some agencies in the
State of New York which are loath to give out
information, information that many residents
of this state couldn't explain why the
agencies would be loath to give it out.
And therefore individuals very
often request these agencies, through the FOIL
procedure, to provide the information, to
compel the agencies to give the information.
And if by definition the agencies
didn't want to do it in the first place, I'm
very concerned about giving them a tool with
which to reject it when they are officially
requested to do so under FOIL, when they're
compelled to do so.
And I'm not going to vote yes on
this legislation, Mr. President, despite the
fact that I am concerned with information that
could be released that would compromise an
agency's technological assets.
But we have a situation in New York
State where agencies I believe will use this
to prevent people from gaining access to
information just because it is their
3476
prerogative not to give out that information.
And that's a dangerous -- a dangerous thing.
And I understand from reading the
sponsor's memo that there is currently some
measure of security with which an agency
cannot be compelled to give out information
which would compromise the information
technology structure of that agency, notably
the security access codes.
So I wish this legislation was a
bit better drafted, and I wish there was some
more oversight that an agency in its own
discretion could not just simply decide, no,
we're not going to give out that information,
it's not in the public interest, because it
could compromise someone's -- the agency's
safety.
Because I don't want to leave that
in the discretion of an agency that's not
inclined to do it in the first place. That's
why we have FOIL.
And unfortunately, this situation
is very acute in the City of New York, where
city agencies almost continually have to be
compelled to provide information. They never
3477
give out information -- even information,
interestingly, which would reflect positively
on the performance of those agencies. It's
just the culture in the administration of the
City of New York: They don't give out
information, no matter what. They have to be
compelled to do it.
So I don't want to give them any
additional tools to reject the compulsion
because they just feel like it. That's a
dangerous place to go. I think we need to
protect the integrity of freedom of
information.
As a result, I vote no, Mr.
President. But understand that I wish we had
a piece of legislation before us that would
more sufficiently protect both concerns in
this instance.
SENATOR GOODMAN: Mr. President.
ACTING PRESIDENT MEIER: Senator
Goodman.
SENATOR GOODMAN: I would make
one further comment in response to what we've
just heard, which is this. That at the
moment, as you know, if there is a violation
3478
of the Freedom of Information Act, there are
all sorts of remedies available through the
normal course of law.
The same remedies would be
available in this circumstance if it could be
demonstrated that an agency's response was
capriciously negative and was not based upon
technological-information protection.
Accordingly, I think the attack on
the bill is not justified.
And I'd like to point out that at
the present moment there is a current
situation in which the law exempts from public
disclosure an agency's computer access codes.
This takes it one step further, to
say that if there is technological information
of a sort that could result in leakage of
economically important information, that the
law could then be employed.
Should the law be inappropriately
applied, you have the same remedies as you
would for any violation of the Freedom of
Information Act. It is not a generic ability
to circumvent the law, as you seem to suggest.
ACTING PRESIDENT MEIER: Read the
3479
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: Those recorded in
the negative on Calendar Number 1070 are
Senators Dollinger, Duane, Hevesi, Onorato, A.
Smith, and M. Smith. Ayes, 51. Nays, 6.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee, that completes the
controversial calendar.
SENATOR McGEE: Mr. President, is
there any housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not, Senator.
SENATOR McGEE: There being no
further business to come before the Senate, I
move we adjourn until Wednesday, May 17th, at
12:30 p.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Wednesday, May 17th, at 12:30 p.m.
3480
(Whereupon, at 11:55 a.m., the
Senate adjourned.)