Regular Session - May 31, 2000
3933
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 31, 2000
2:45 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
3934
P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we all bow our heads in a moment
of silence, please.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, May 30th, the Senate met pursuant to
adjournment. The Journal of Saturday, May 27,
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.
3935
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nominations:
As a justice of the Supreme Court
for the Seventh Judicial District, David D.
Egan, of Gates.
THE PRESIDENT: Senator Lack.
SENATOR LACK: Thank you, Madam
President. I rise to move the nomination of
David D. Egan, of Gates, as a justice of the
Supreme Court for the Seventh Judicial
District.
We received the nomination from the
Governor for Judge Egan. The staff of the
committee has examined the judge's
credentials. They were perfectly in order.
He appeared in person before the committee
earlier this afternoon and was unanimously
moved to the floor.
And I most respectfully yield to
Senator Maziarz for purposes of a second.
THE PRESIDENT: Senator Maziarz.
3936
SENATOR MAZIARZ: Thank you very
much, Madam President.
Thank you, Senator Lack.
It's a great honor for me to get up
and second the nomination of Judge David Egan
of the Town of Gates. I have known Judge Egan
just a short time, but I absolutely agree with
Governor Pataki's nomination.
David Egan has a long history in
the judiciary. Before he became a lawyer, he
was a high school teacher and wanted an easy
job, so he went to law school and then became
a judge. And as Your Honor knows -- I don't
know how much easier it is.
But seriously, Governor Pataki
could not, I think, have made a wiser choice
for the State Supreme Court in the Seventh
Judicial District. Judge Egan has a great
background in the law. He's got a great
family and a great group of supporters, I
know, in the town of Gates and in all of
Monroe County.
His wife, Joan, is here today, his
children, his grandchildren. And it's a great
honor for them, and really it's a great honor
3937
for the people of the State of New York to
have such a fine individual selected by
Governor Pataki.
Thank you, Madam President.
THE PRESIDENT: The question is
on the nomination of David D. Egan, of Gates,
as a justice of the Supreme Court for the
Seventh Judicial District. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
Congratulations on behalf of the
Senate.
(Applause.)
THE PRESIDENT: As President of
the Senate, I want to congratulate you on the
huge responsibility, Judge Egan, which you are
now undertaking and congratulate you on your
achievements that have set you on this very
honorable path.
I'd also like to acknowledge the
presence of your wife, Joan, your children,
3938
your grandchildren, and your friends who have
joined you here this afternoon.
(Applause.)
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: Madam
President, there will be an immediate meeting
of the Finance Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
The Secretary will read.
THE SECRETARY: As a judge of the
Westchester County Court, Alphonse M.
Naclerio, of White Plains.
THE PRESIDENT: Senator Lack.
SENATOR LACK: Thank you, Madam
President.
I again rise to move the nomination
of Alphonse M. Naclerio, of White Plains,
nominated by the Governor to be a judge of the
Westchester County Court.
Judge Naclerio's credentials have
been examined by the Committee on Judiciary.
He appeared earlier this afternoon before the
3939
committee, was unanimously moved from the
committee to the floor of the Senate for
confirmation at this time.
And I most respectfully yield for
purposes of a second to Senator Spano.
THE PRESIDENT: Senator Spano.
SENATOR SPANO: Thank you, Madam
President.
Our Governor has a record of
appointing some extremely qualified people to
the bench, and it's been evidenced time and
time again. Certainly, today is no exception.
The appointment of Al Naclerio to the bench is
just another in a long line of excellent
choices.
I have known Al Naclerio for a long
time. I knew his late dad for a long time.
And I know that his dad spoke to me a number
of times about how proud he would be to see
his son on the county court. Unfortunately,
he's not with us today to see that.
But I know he's watching from above
and is very proud today to see the Senate
confirm the appointment of someone who has had
such an outstanding record, starting in the
3940
military from back in 1971. He remains active
as a member of the United States Army Reserve
today. As a matter of fact, he just returned
from Germany, where he was involved in a
investigation of a murder case through the
Judge Advocate General's office. He's got a
proud record of accomplishments in the Army
Reserve.
He went -- right out of law school,
where he graduated from Fordham University, he
went to work for Legal Aid, helping those who
might not otherwise have the benefit and the
financial means to qualified representation.
He's served as a partner in a
number of reputable firms and now is working
as principal law clerk to Westchester County
Judge Ken Lange.
Al Naclerio will be an outstanding
member of the county court representing
Westchester County. He's got the experience
on the bench as a first-rate prosecutor. He
is the ideal person who will serve the people
of Westchester in the best way possible. And
it's my honor and privilege today to second
the nomination of Al Naclerio.
3941
Thank you, Madam President.
THE PRESIDENT: The question is
on the nomination of Alphonse M. Naclerio, of
White Plains, as a judge of the Westchester
County Court. All in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
And on behalf of the Senate, I
extend my congratulations to you and
acknowledge the presence of your wife, Susan,
your daughter, Michele, your mother,
Nicoletta, and your friend Dr. Francis
Brancaleone. Congratulations.
(Applause.)
THE PRESIDENT: The Secretary
will read.
Senator Maltese.
SENATOR MALTESE: If we could go
to motions and resolutions, Madam President,
there is a privileged resolution, Number 4438,
at the desk, by Senator DeFrancisco. May we
3942
have the title read and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
4438, honoring the members of Team OHMS at
Onondaga Hill Middle School, Syracuse, New
York, for their participation in the 49th
Senate District's "Good News! Good Kids!"
Youth Responsibility Program for the year
2000.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Thank you,
Madam President.
I rise to congratulate the students
from the Onondaga Hill Middle School who
participated and won the middle school
division of the "Good News! Good Kids!"
program.
All too often we find situations
where the public hears only of bad things that
young people do. Well, this group of
students, seventh- and eighth-graders from my
3943
district, did many good things in the
community, including feeding over 180 people
at a rescue mission function, collecting funds
to provide gifts for families at
Christmastime. They collected new school
supplies and auctioned them off for University
Hospital's Center for Children, and visited
senior citizens' centers in residential areas
to make certain that they are still respected
and have people to talk to.
Now, these are truly wonderful
students who I'm proud that are from my
district and representing the people of
Central New York. And I'm very proud to
present this resolution and request unanimous
approval to honor them as good kids, truly
good news in our state.
Thank you.
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I would like to speak on the
resolution.
I join my colleague in celebrating
his students. I think this is something that
3944
we should do. And I too have a class here
from a middle school in my district, Junior
High School 113, Ron Edmund's Center. And my
class joins your students in really being
students that we know, Senator, are going to
be leaders who are going to take our places in
this chamber someday, both your students and
mine.
So I thank you for introducing this
resolution. And thank you, Madam President,
for entertaining our statements.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Maltese.
SENATOR MALTESE: Madam
President, may we return to reports of
standing committees and complete the Judiciary
Committee report.
THE PRESIDENT: Reports of
3945
standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following nomination:
As a judge of the Putnam County
Court, Thomas H. Scuccimarra, of Garrison.
THE PRESIDENT: Senator Lack.
SENATOR LACK: Thank you, Madam
President.
Once again, I rise to move the
nomination of Thomas H. Scuccimarra, of
Garrison, as a judge of the Putnam County
Court.
We received the nomination from
Governor Pataki. The staff of the Senate
Judiciary Committee went over the credentials
of the candidate. They were found to be
excellent. He was presented to the entire
Judiciary Committee earlier this afternoon and
was moved unanimously from the committee to
the floor for confirmation at this time.
And I most respectfully yield for
purposes of a second to Senator Leibell.
THE PRESIDENT: Senator Leibell.
3946
SENATOR LEIBELL: Thank you,
Madam President. Thank you, Chairman.
I'm very pleased to have the
opportunity today for a couple of minutes to
speak about Judge Scuccimarra. As Senator
Lack noted, we were in earlier this morning
before the Judiciary Committee, and I had the
opportunity, at the invitation of the
chairman, to speak briefly there and to tell
the committee members about Judge Scuccimarra.
I would also note that I'm joined
by my colleague from the Assembly, Assemblyman
Will Stephens, and our county legislator from
home, Vinnie Tamagna, who's here with us also
today.
We have had and received over the
course of years many, many fine nominations
from the Governor. Let me say that we are
consistent with that today with Judge
Scuccimarra. I've known Tom for quite a few
years myself. In fact, in my last term in the
Assembly, he administered the oath of office
for me. And I was very honored by the fact
that he did that.
Tom comes to us today with a long
3947
and distinguished career as a judge in our
local town of Philipstown. He has served
there as the town justice for many years -- in
fact, I believe, in his 16th year as the town
justice -- and also served as acting village
justice in Cold Spring and acting village
justice in the Village of Nelsonville.
I would note also that besides
having served and being greatly respected by
his local judges, fellow local judges, he has
had a very fine practive in the private
practice of law in the city of Peekskill and
is well-respected by every attorney in the
Hudson Valley who has ever worked with him.
You know, as we look for the
characteristics that make for a good judge -
integrity, disposition, knowledge of the law,
the ability to work so hard, as a judge is
required to do -- we have all of those
characteristics right here in Tom Scuccimarra.
I know that he is going to be a wonderful
judge. He's filling our vacancy. He is going
to be a superb judge. He has the support of
so many people at home.
I might also note that we've been
3948
joined here today by one of my finest
constituents, Mrs. Pataki, the Governor's
mother. So welcome to the Senate chamber,
Mrs. Pataki, who is, I know, also friends with
the Scuccimarra family.
So I'm very pleased to have this
chance to speak today. I wish Tom godspeed.
I know he'll take good care of our county.
And you'll be a great judge, Tom.
Thank you.
THE PRESIDENT: The question is
on the nomination of Thomas H. Scuccimarra, of
Garrison, as a judge of the Putnam County
Court. All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The nominee is
hereby confirmed.
And on behalf of the Senate, I
extend our congratulations to you, and I
acknowledge the presence of your wife,
Barbara, your children, Eleanor and
Kristopher, your mother, Eleanor, and your
friend and the mother of our fine Governor,
3949
Mrs. Margaret Pataki.
Congratulations.
(Applause.)
THE PRESIDENT: Senator Maltese.
SENATOR MALTESE: Madam
President, if we could proceed in regular
order, please.
THE PRESIDENT: Senator, we have
substitutions at the desk. Would you like to
proceed with those first?
SENATOR MALTESE: Please, Madam
President.
THE PRESIDENT: All right. The
Secretary will read.
THE SECRETARY: On page 5,
Senator Morahan moves to discharge, from the
Committee on Rules, Assembly Bill Number
1123A, and substitute it for the identical
Senate Bill Number 5842A, Third Reading
Calendar 107.
On page 8, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 323A and substitute it
for the identical Senate Bill Number 6289,
Third Reading Calendar 213.
3950
On page 9, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7199B and substitute it
for the identical Senate Bill Number 4932B,
Third Reading Calendar 288.
On page 9, Senator Johnson moves to
discharge, from the Committee on Rules,
Assembly Bill Number 75 and substitute it for
the identical Senate Bill Number 1073A, Third
Reading Calendar 292.
On page 16, Senator Lack moves to
discharge, from the Committee on Rules,
Assembly Bill Number 10421 and substitute it
for the identical Senate Bill Number 6918,
Third Reading Calendar 505.
On page 16, Senator Hannon moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7140B and substitute it
for the identical Senate Bill Number 3724B,
Third Reading Calendar 525.
On page 29, Senator Volker moves to
discharge, from the Committee on Rules,
Assembly Bill Number 8561B and substitute it
for the identical Senate Bill Number 3453A,
Third Reading Calendar 826.
3951
And on page 35, Senator Bonacic
moves to discharge, from the Committee on
Rules, Assembly Bill Number 9802A and
substitute it for the identical Senate Bill
Number 6884A, Third Reading Calendar 932.
THE PRESIDENT: The substitutions
are ordered.
Senator Maltese.
SENATOR MALTESE: Is there any
housekeeping, Madam President?
THE PRESIDENT: Motions and
resolutions.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
Amendments are offered to the
following Third Reading Calendar bills:
Sponsored by Senator Wright, page
number 6, Calendar Number 124, Senate Print
Number 4501B;
Senator Maltese, page number 8,
Calendar Number 222, Senate Print Number
4752A;
Senator Seward, page number 18,
Calendar Number 617, Senate Print Number 7131;
3952
Senator Leibell, page number 24,
Calendar Number 743, Senate Print Number 7457;
Senator Bonacic, page number 32,
Calendar Number 901, Senate Print Number 7310;
Senator Bonacic, page number 32,
Calendar Number 902, Senate Print Number 7311;
Senator Maltese, page number 34,
Calendar Number 927, Senate Print Number 4750;
Senator Trunzo, page number 41,
Calendar Number 1028, Senate Print Number
6945;
Senator Fuschillo, page number 42,
Calendar Number 1067, Senate Print Number
6875;
Senator LaValle, page number 43,
Calendar Number 1081, Senate Print Number
7448;
Senator Skelos, page number 44,
Calendar Number 1095, Senate Print Number
7066B;
Senator Rath, page number 45,
Calendar Number 1109, Senate Print Number
722B;
Senator Nozzolio, page number 45,
Calendar Number 1111, Senate Print Number
3953
1586A;
Senator Fuschillo, page number 46,
Calendar Number 1118, Senate Print Number
7361;
And Senator Kuhl, page number 31,
Calendar Number 875, Senate Print Number
6767A.
I now move that these bills retain
their place on the order of third reading.
THE PRESIDENT: The amendments
are received, and the bills will retain their
place on the third reading order.
Senator McGee.
SENATOR McGEE: Madam President,
on behalf of Senator Meier, I wish to call up
bill Senate Print Number 6272A, recalled from
the Assembly, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
185, by Senator Meier, Senate Print 6272A, an
act in relation to adjusting.
SENATOR McGEE: Madam President,
I now move to reconsider the vote by which
this bill was passed.
3954
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
SENATOR McGEE: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received, Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
Madam President, on behalf of
Senator Kuhl, I wish to call up bill Print
Number 3243, recalled from the Assembly, which
is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
307, by Senator Kuhl, Senate Print 3243, an
act to amend the Alcoholic Beverage Control
Law.
SENATOR McGEE: Madam President,
I now move to reconsider the vote by which
this bill was passed.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
3955
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
SENATOR McGEE: Madam President,
I now offer the following amendments.
THE PRESIDENT: The amendments
are received, Senator McGee.
SENATOR McGEE: Thank you, Madam
President.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
On behalf of Senator Libous, I wish
to call up his bill, Print Number 7139,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
709, by Senator Libous, Senate Print 7139, an
act to authorize the City of Norwich.
SENATOR MARCELLINO: Madam
President, I now move to reconsider the vote
by which the bill was passed.
THE PRESIDENT: The Secretary
3956
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
SENATOR MARCELLINO: Madam
President, I now offer the following
amendments.
THE PRESIDENT: The amendments
are received, Senator.
SENATOR MARCELLINO: Madam
President, I move to recommit Senate Print
Number 7021, Calendar Number 596 on order of
third reading, to the Committee on Local
Government, with instructions to said
committee to strike the enacting clause out.
THE PRESIDENT: The enacting
clause will be stricken. So ordered, Senator.
SENATOR MARCELLINO: Thank you,
Madam President.
THE PRESIDENT: Senator Maltese.
SENATOR MALTESE: Madam
President, at this time may we please have the
noncontroversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
3957
81, by Senator Seward, Senate Print 1061A, an
act to amend the County Law, in relation to
authorizing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
110, by Senator Farley, Senate Print 5281, an
act to amend the Banking Law, in relation to
including mortgage bankers and brokers.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
3958
passed.
THE SECRETARY: Calendar Number
150, by Senator Marcellino, Senate Print 5878,
an act to amend Chapter 548 of the Laws of
1995 amending the Environmental Conservation
Law.
SENATOR MALTESE: Lay it aside
for the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
164, by Senator Spano, Senate Print 4360, an
act to amend the Workers' Compensation Law, in
relation to the investment of the State
Insurance Fund.
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3959
313, by Senator Padavan, Senate Print 6508A,
an act to amend the General Municipal Law, in
relation to urban development action areas.
SENATOR DOLLINGER: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
427, by Senator Alesi, Senate Print 84C, an
act to amend the Vehicle and Traffic Law and
the Insurance Law, in relation to devoting a
component of the prelicensing and defensive
driving courses.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
September.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
464, by Senator LaValle, Senate Print 6453, an
3960
act to amend the Education Law, in relation to
establishing.
SENATOR DOLLINGER: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
488, by Senator Libous, Senate Print 6954, an
act to amend Chapter 723 of the Laws of 1989
amending the Mental Hygiene Law.
THE PRESIDENT: Read the last
section.
SENATOR DOLLINGER: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
621, by Senator Spano, Senate Print 6550A, an
act to amend the Retirement and Social
Security Law, in relation to ordinary death
benefits.
SENATOR DOLLINGER: Lay the bill
aside, please.
THE PRESIDENT: The bill is laid
aside.
3961
THE SECRETARY: Calendar Number
693, by Senator Maltese, Senate Print 5742B,
an act to amend Chapter 164 of the Laws of
1907 relating to the incorporation of the
Queens Borough Public Library.
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
814, by Senator Goodman, Senate Print 662A, an
act to amend the Criminal Procedure Law, in
relation to designating.
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, 53. Nays,
3962
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
815, by Senator LaValle, Senate Print 1619A,
an act to amend the Criminal Procedure Law, in
relation to designating.
SENATOR DUANE: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
816, by Senator LaValle, Senate Print 1620A,
an act to amend the Criminal Procedure Law, in
relation to the designation.
SENATOR DUANE: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
831, by Senator Larkin, Senate Print 5767A, an
act to amend the Criminal Procedure Law, in
relation to peace officer status.
THE PRESIDENT: Read the last
section.
3963
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
844, by Senator Wright, Senate Print 7011, an
act to amend the Public Service Law, in
relation to applications.
SENATOR WRIGHT: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
856, by Senator Rath, Senate Print 6790, an
act to amend the State Administrative
Procedure Act, in relation to access.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
915, by Senator Maltese, Senate Print 6694, an
3964
act to amend the Administrative Code of the
City of New York.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
THE PRESIDENT: There is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
916, by Senator Maltese, Senate Print 6737, an
act to amend the Administrative Code of the
City of New York.
THE PRESIDENT: There is a home
rule message at the desk.
Read the last section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
3965
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
932, substituted earlier today by Member of
the Assembly Cahill, Assembly Print Number
9802A, an act to amend the Agriculture and
Markets Law, in relation to the release.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1002, by Senator Volker, Senate Print 4483A,
an act to amend the Criminal Procedure Law, in
relation to designating.
THE PRESIDENT: Read the last
section.
3966
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1003, by Senator Nozzolio, Senate Print 5505A,
an act to amend the Penal Law, the Vehicle and
Traffic Law, and the Insurance Law, in
relation to criminally aggressive driving.
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1019, by Senator Velella, Senate Print 7810,
3967
an act to amend the Penal Law and the Real
Property Actions and Proceedings Law, in
relation to the criminal sale.
SENATOR DUANE: Lay it aside,
please.
SENATOR DOLLINGER: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1039, by Senator Lack, Senate Print 6764, an
act to amend the Correction Law, in relation
to the preamble played before charges.
SENATOR DUANE: Lay it aside,
please.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1042, by Senator A. Smith, Senate Print 5953,
an act directing the Department of State to
examine and investigate.
SENATOR DOLLINGER: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
1101, by Senator LaValle, Senate Print 2660,
3968
an act to amend the Vehicle and Traffic Law,
in relation to distinctive plates.
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, 54.
THE PRESIDENT: The bill is
passed.
SENATOR VELELLA: Madam
President.
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: There will be
an immediate meeting of the Civil Service and
Pensions Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Civil Service and
Pensions Committee in the Majority Conference
Room.
The Secretary will read.
THE SECRETARY: Calendar Number
1117, by Senator Alesi, Senate Print 7241, an
3969
act to amend the General Business Law, in
relation to permitting.
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, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1149, by Senator Farley, Senate Print 2925, an
act to amend the Banking Law, in relation to
increasing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. This
act shall take effect on the 30th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3970
1153, by Senator Farley, Senate Print 7583, an
act to amend the Banking Law, in relation to
increased penalties.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1167, by Senator Nozzolio, Senate Print 5824A,
an act authorizing the State University of New
York to lease and contract.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
3971
Senator Velella, that completes the
noncontroversial reading of the calendar.
SENATOR VELELLA: May we proceed
to the controversial reading of the calendar,
Madam President.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
313, by Senator Padavan, Senate Print 6508A,
an act to amend the General Municipal Law, in
relation to urban development action areas.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Padavan,
an explanation has been requested.
SENATOR PADAVAN: Thank you,
Madam President.
What this amendment to existing
law, section -- actually, Section 693 of the
Municipal -- the General Municipal Law would
3972
do, it would broaden and enhance and bolster
the city's anti-abandonment initiative by
broadening the number of residential
properties and buildings and vacant lots
throughout the city that would be eligible to
receive city financing, low-interest new
construction and rehabilitation loans.
Again, in an effort to deal with
these properties, increase the housing stock,
and to encourage particularly not-for-profit
entities to develop those parcels and enhance
the quality not only of their neighborhoods
but to provide additional housing.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, if Senator Padavan would yield for
a question.
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: You may proceed,
Senator Paterson.
SENATOR PATERSON: Madam
President, I'm interested in finding out
whether there was a particular parcel of land
3973
that was the catalyst for the idea that
produced this legislation, or is this just a
general idea that is something that we might
do for a new sort of financing scheme where
the city is concerned?
SENATOR PADAVAN: It's not a new
financing scheme, Senator. This bill was
generated by HPD, the Department of Housing
Preservation and Development in the City of
New York -- specifically, their office of
planning and intergovernmental affairs -- for
the broad reason that I explained.
There are specific -- three
specific areas in this bill which are
amendments to the existing law, which is very
broad in terms of its applicability in the
City of New York. It has no specific
reference to any singular piece of property.
SENATOR PATERSON: Madam
President, if the Senator would continue to
yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead, Senator
3974
Paterson.
SENATOR PATERSON: Addressing the
last part of the question first, then this is
something that's been utilized by HPD in the
past?
SENATOR PADAVAN: That Section
693 has been utilized.
However, the attorneys within that
agency, in order to make the existing law more
effective, broaden its applicability, and deal
with certain technical changes that they
thought would be appropriate, recommended this
legislation.
SENATOR PATERSON: Madam
President, if the Senator would continue to
yield.
THE PRESIDENT: Does the Senator
yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: Senator, in
addition to knowing -- wanting to know when
the pictures are going to be ready, I'd also
like to know, was there anything specific that
3975
HPD was contemplating when they asked for this
amendment?
SENATOR PADAVAN: When you say
"specific," could you be more specific?
SENATOR PATERSON: In other
words, is there a specific parcel of land -
SENATOR PADAVAN: No, I thought I
answered that, Senator. I have my entire file
here, which I'll place at your disposal at any
time you wish. And in reading through it, you
will see no reference to any particular parcel
of land in the City of New York.
And I do believe that if you have
not received it, you should have, the
memorandum from the Mayor's office outlining
the specifics of this legislation.
SENATOR PATERSON: Thank you,
Madam President, I'll take that under
advisement. If Senator Padavan would yield to
one last question.
THE PRESIDENT: Does the Senator
yield?
SENATOR PADAVAN: I certainly
will.
THE PRESIDENT: You may proceed,
3976
Senator Paterson.
SENATOR PATERSON: The change in
the amount, the reduction in the figure now of
60 percent rather than 80 percent, would you
be willing, Madam President, to have the
Senator explain what is the magic of that
figure? Why did HPD arrive at that amount?
SENATOR PADAVAN: Let me read the
memo to you, Senator, because I think it's
more concise than my explanation would be
without it.
It says the term "municipally owned
area" would be amended to "eligible areas."
This change is needed because of the City of
New York's recently enacted
third-party-transfer program. This program
allows the Department of Finance to convey a
property in tax arrears that is defined as
distressed to a third party. These third
parties consist of not-for-profit and
for-profit housing organizations selected by
the New York City Department of Housing
Preservation and Development to develop
affordable housing.
This change in terminology to
3977
"eligible areas" is needed to make clear that
property now designated as an urban
development area could be both municipally
owned and privately owned, resulting from the
third-party-transfer program.
Moreover, the change is needed to
remain consistent with Chapter 95 of the Laws
of 1997, which provides that private
properties in the third-party-transfer program
are eligible to receive low-interest city
finance loans.
Now, here's the part that relates
to your specific question: "This bill seeks
to reduce the requirement for municipally
owned property of an urban development action
area from 80 percent to 60 percent. This
change would allow a greater number of
properties throughout the city to receive the
designation as an urban development action
area. Therefore, their placement in Section
693 would be appropriate, since Section 693
concerns area designation."
So what it says, very directly, is
we broaden the scope of the program by making
that change from 80 percent to 60 percent. We
3978
increase the number of properties that would
be saved, developed. More housing stock, less
urban blight. Have I made my point?
SENATOR PATERSON: Not only,
Madam President, has the Senator made his
point, I think that the Senator missed his
calling. He should have been a reader for
Books on Tape. I thought that was brilliantly
performed, Senator.
And what I got from it is that the
lower figure of 60 percent will allow more
properties to become eligible.
Thank you, Madam President.
THE PRESIDENT: Read the last
section.
Senator Duane, excuse me.
SENATOR DUANE: Thank you, Madam
President. If the sponsor would yield.
THE PRESIDENT: Does the sponsor
yield? Senator Padavan, do you yield?
SENATOR PADAVAN: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: If I understood
3979
correctly, I thought that the sponsor said
that making more -- by -- instead of putting a
property through ULURP and putting it into
UDAAP, that it would be eligible -- the
property would be eligible to get low-income
loans. Is that correct?
SENATOR PADAVAN: Based on the
requirements of the existing section of law,
Section 693, yes. These changes would broaden
the scope of that current law.
SENATOR DUANE: And through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: There isn't
anything in the law, though, which says that
if a property goes through ULURP that it would
not also be entitled to receive these
low-income loans; is that correct?
SENATOR PADAVAN: Let's see if I
understand your question. If it goes through
3980
ULURP, that it would not receive the loan?
There's nothing here that I am aware of that
does that.
SENATOR DUANE: And through you,
Madam President, if the sponsor would
continue -
SENATOR PADAVAN: ULURP is a
separate provision of the City Administrative
Code dealing with uniform land-use procedures.
That stands on its own. This program stands
on its own.
SENATOR DUANE: And through you,
Madam President.
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: And so a property
that has gone through the ULURP process would
be eligible to receive a low-income loan?
SENATOR PADAVAN: Yes, as long as
it meets the other requirements as stipulated
in law.
SENATOR DUANE: And through you,
3981
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: You may proceed,
Senator.
SENATOR DUANE: And the UDAAP
process does not contain the same level of
public comment and involvement that a ULURP
has; is that correct?
SENATOR PADAVAN: Does not what,
Senator?
SENATOR DUANE: Does not contain
the same level of public scrutiny and comment
as does a ULURP.
SENATOR PADAVAN: As I said a
moment ago, and certainly as I'm sure you've
been exposed to ULURP procedures, that stands
on its own. If a particular project falls
under ULURP in terms of what is required -
public hearings, broad range of actions -
that remains.
This is a financing program. This
is an urban development program. This is a
3982
protect housing stock, build housing stock
program. Neither conflicts. One does not
diminish the other in any way.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: I'm going to
preface my question so that the sponsor knows
what it is that I'm trying to get at. In a
former life, I dealt quite extensively with
ULURPs and UDAAPs. ULURPs involved a public
process of a thorough hearing by community
boards, public notice -
SENATOR PADAVAN: I'm aware of
that, Senator. You don't have to explain it
to me.
SENATOR DUANE: -- whereas UDAAPs
do not have the same threshold of public
notification and public discourse; is that not
correct?
3983
SENATOR PADAVAN: You are right.
SENATOR DUANE: Then through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes.
SENATOR DUANE: My concern is
that communities would not have the same
notification of how the city is disposing of a
parcel of property, would not have the same
control or ability to advise regarding who it
is and what it is that would end up in control
of that piece of property, whether or not
there would be a loan involved. Is that not
correct? Or is that correct?
SENATOR PADAVAN: It's not
correct in the sense that -- in the manner and
the way you frame your question. If a parcel
of property falls under the definition of a
ULURP process, then obviously, as you and I
have just discussed, the community at large -
planning boards and everyone involved -- would
have complete access to all information and
have total opportunity for input. That stands
3984
on its own.
If one of these properties being
considered for this program was also a
property that fell into the ULURP process, the
ULURP process would still take place.
However, this is a financing
mechanism. There is obviously public notice.
However, the need for advisory opinions from
community planning boards and whatever else is
in that ULURP process is not necessary.
SENATOR DUANE: Through you,
Madam President, if the sponsor would continue
to yield.
THE PRESIDENT: Does the sponsor
yield?
SENATOR PADAVAN: Yes.
THE PRESIDENT: You may proceed,
Senator Duane.
SENATOR DUANE: What I'm trying
to get at is that the properties which -
there will now be more properties that will -
potentially there will be more properties that
will go through UDAAP and not through ULURP as
a result of this legislation.
SENATOR PADAVAN: No, Senator.
3985
There will be more properties eligible for
UDAAP, no doubt. But that does not diminish
those properties which rightfully must be
subject to ULURP. There is no diminishing of
that.
But the objective here is to make
more properties in the City of New York
available for this kind of financing,
particularly for not-for-profit organizations
that want to convert abandoned properties into
viable housing, something I assume you would
strongly support.
SENATOR DUANE: Through you,
Madam President. So through this legislation,
every property that is now going through ULURP
will continue to go through ULURP?
SENATOR PADAVAN: Absolutely.
SENATOR DUANE: Okay. Thank you,
Madam President. On the bill.
The reason that I wanted to verify
that was that in my work with advocates for
community gardens, often the advocates
objected to properties just going through
UDAAP and not through ULURP, because in the
UDAAP process it was likely that they would
3986
not be notified in time.
But if, as the sponsor has now
clarified, all parcels of land that presently
go through ULURP would continue to go through
ULURP, then I have no problems with it at all.
Thank you, Madam President. I'll
be voting yes.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. 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.
Senator Velella.
SENATOR VELELLA: Madam
President, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
The Secretary will continue to
3987
read.
THE SECRETARY: Calendar Number
464, by Senator LaValle, Senate Print 6453, an
act to amend the Education Law, in relation to
establishing.
SENATOR ONORATO: Explanation,
please.
THE PRESIDENT: Senator LaValle,
an explanation has been requested.
SENATOR LAVALLE: Yes, Madam
President. I'm really glad to have the
opportunity to talk about this legislation.
We had an opportunity during the budget
conference committees to talk about this a
little bit.
It establishes for the first time
for the SUNY Maritime College a program that
would allow for 284 scholarships for those
individuals who would be admitted, who are
qualified for admission to the college, to
receive a four-year tuition scholarship.
Each member of the Legislature
would have at least one appointment. And the
legislation delineates the number of
appointments by the members of the Senate and
3988
the Assembly. The Governor would receive
appointments, and the Majority Leader and
Speaker also receive additional appointments,
for a total of 84.
This legislation is supported by
the State University and by the Alumni
Association at the SUNY Maritime College.
The reason for this legislation is
to give a shot in the arm to the college in
recruiting and retaining individuals who would
like to pursue an education dealing with the
maritime industry. And of course that has
changed, you know, over the years to involve a
number of things other than receiving,
although a critical part of the education is a
license as a captain, to be able to captain a
ship.
But there are other elements with
the marine industry that the college has
broadened over the years in terms of
marine-science-type courses, in dealing with
pollution and other kinds of activities.
But the most important element of
this legislation is to retain the character of
the college, and that is that it be
3989
cadet-based. And I think this also involves
each member of the Legislature, the Governor,
and the leaders to fully promote what I think
is a very specialized program within the SUNY
system.
SENATOR ONORATO: Madam
President.
THE PRESIDENT: Senator Onorato.
SENATOR ONORATO: Will the
sponsor yield for one question?
SENATOR LAVALLE: Yes.
THE PRESIDENT: The sponsor
yields. You may proceed.
SENATOR ONORATO: Senator
LaValle, we noticed that there is no
appropriation for this bill.
SENATOR LAVALLE: Yes.
SENATOR ONORATO: We were just
wondering if you have any idea as to what it
would wind up costing.
SENATOR LAVALLE: Yes. Senator
Onorato, that is a good question.
That will obviously be prospective
in next year's budget. The cost is $1
million. That was within our Senate
3990
resolution that we passed this year but was
not received by the Assembly.
You might also note that the last
two sentences of the legislation talks about
the tuition scholarships authorized by this
section shall be made available so long as
funds shall be made available for such
purposes.
We certainly hope that will happen
in the next budget. It has been a priority of
ours since we passed it in our budget
resolution. And I'm sure that the Assembly -
Assemblyman Kaufman has been very high on this
legislation as the Assembly sponsor.
So I'm looking forward to this
becoming a reality by passing both houses this
year and being funded within next year's
budget.
SENATOR ONORATO: Read the last
section.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, if the Senator would just yield to
one quick question.
THE PRESIDENT: Does the Senator
3991
yield?
SENATOR LAVALLE: Yes.
THE PRESIDENT: You may proceed,
Senator Paterson.
SENATOR PATERSON: Senator, the
$1 million figure that you put on the cost of
operating this program -- and I'm very much in
favor of it -- it would seem to cost out to
about a little more than $3,000 per student.
You don't think that it would actually cost a
little more than that?
SENATOR LAVALLE: SUNY tuition is
$3,400 per year per annum.
SENATOR PATERSON: Okay.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
July.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3992
488, by Senator Libous, Senate Print 6954, an
act to amend Chapter 723 of the Laws of 1989.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Libous,
an explanation has been requested.
SENATOR LIBOUS: Thank you, Madam
President.
This bill would extend the
comprehensive psychiatric emergency program,
commonly known in the business as CPEP, for
four years, from July 1 of 2000 to July 1 of
2004.
Basically what it does is it allows
these programs to be licensed by the Office of
Mental Health. There is no budgetary amount
dealt with in this bill, because the
allocation has already been approved when the
state budget was passed. This basically
allows the licensing to take place so that
these programs can continue for four
additional years.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, on the bill.
Also included in this legislation
3993
is a provision that corrects a statutory
misreference that existed in the law pointed
out by Justice Richard Braun, State Supreme
Court of Manhattan, in a letter to Senator
Connor. And at that point Senator Connor
tried to make everyone aware that this is the
case.
So we are happy that Senator Libous
has noticed that and put forth this
legislation.
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, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
621, by Senator Spano, Senate Print 6550A, an
act to amend the Retirement and Social
Security Law, in relation to ordinary death
benefits.
SENATOR PATERSON: Explanation,
3994
please.
THE PRESIDENT: Senator Spano, an
explanation has been requested.
SENATOR VELELLA: Lay that aside
for the day, Madam President.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
815, by Senator LaValle, Senate Print 1619A,
an act to amend the Criminal Procedure Law, in
relation to designation.
SENATOR DUANE: Explanation,
please.
SENATOR VELELLA: Madam
President, please lay that aside temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
816, by Senator LaValle, Senate Print 1620A,
an act to amend the Criminal Procedure Law, in
relation to the designation.
SENATOR DUANE: Explanation,
please.
SENATOR VELELLA: Again, can we
lay that aside temporarily until Senator
3995
LaValle returns.
ACTING PRESIDENT KUHL: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
856, by Senator Rath, Senate Print 6790, an
act to amend the State Administrative
Procedure Act, in relation to access to data.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT KUHL: Senator
Rath, an explanation has been requested by
Senator Paterson.
SENATOR RATH: Senator Paterson,
this is a technical change to a bill that has
been passed, and the changes have been agreed
to.
And it has to do with making the
bill more streamlined and less complicated for
all of the parties that would be involved in
the disclosure of the information that was
developed and used as the data -- as the
rule-making was moving through the agencies
and the data was being used.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Mr. President,
3996
this bill actually eliminates five of the
seven elements of Section 647 from last year,
not the least of which is the provision that
allows for the publication of the titles of
reports and the names of the people who issued
them.
And therefore, if Senator Rath
would yield for a question.
ACTING PRESIDENT KUHL: Senator
Rath, do you yield for a question?
SENATOR RATH: Surely.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR PATERSON: Senator, I'm
just wondering why we would at this point be
passing an amendment to create a new Section
104 that in a sense almost eliminates all the
things that we voted for on June 16 last year
when we passed this bill 60 to nothing.
SENATOR RATH: Senator, the
reason for the bill -- I think when you point
out that it did pass 60 to nothing, the data
access bill, as we call this in familiar
terms, has been widely hailed as an
extraordinarily important piece of legislation
3997
in order to make sure that open government and
freedom of access to data, when we are looking
at how the rule-making process went along, has
been extraordinary extraordinarily important.
But it was found by both the PSC
and in agreement with the Assembly that what
we had drafted originally was cumbersome and
was not realistic. Maybe we went overboard
somewhat on it.
And there was no one who was more
anxious than I was to make sure that we got a
piece of legislation that did what the intent
was here. Because the legislative intent is
for a free and open rule-making process.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Rath would continue to yield.
ACTING PRESIDENT KUHL: Senator
Rath, do you yield?
SENATOR RATH: Surely.
ACTING PRESIDENT KUHL: The
Senator yields to another question.
SENATOR PATERSON: Perhaps,
Senator, we might have gone overboard a little
3998
bit. It's certainly not uncommon that we in
this chamber go overboard a little bit.
But why would we be eliminating the
position of data access officer, who if
anything would have broad supervisory power in
that particular area and a decision-making
capacity that would relate directly to what
you just said, whether or not we're going
overboard?
SENATOR RATH: My understanding
of that particular provision, as requested
that we drop back on that, was that there were
others that would be equally able to handle
that kind of a measure, and that it was going
to be unduly -- what's the word I'm looking
for -- an undue burden to have this kind of an
officer available when other people could do
the same job as that person could.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Rath would continue to yield.
ACTING PRESIDENT KUHL: Senator
Rath, do you continue to yield?
SENATOR RATH: Surely.
3999
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR PATERSON: Senator Rath,
assuming that you're correct, could you tell
myself and our other colleagues what happened
between the time that we passed Section 647
last year and now that so instantly made us
aware that we needed to rescind some of the
regulations that we passed in such a short
period of time?
SENATOR RATH: The question of
one particular instance, Senator, I don't
believe I can tell you that. But I do believe
that the people who found themselves to be
impacted by this bill went back through it and
came back with recommendations that we could
ease some of it.
But they were not looking to change
the legislative intent, just the way that it
would be implemented.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I want to thank Senator Rath.
On the bill. I'm just a little
4000
concerned that the legislative intent may
still be stated in the bill, but in the sense
that we've nicked it to death. In other
words, we've cut so much out of it that I
don't know that even though there's intent,
that there's enough information that would be
made available other than by request that we
could actually find out as much as we would
want to about data, quite frankly, which is a
very important issue in this particular time.
I can understand that we might want
to streamline some of what we had put forth
last year. But it just seems to me that not
even a seasonable period had passed before we
could even determine whether or not we had
gone overboard, as Senator Rath said.
I don't have any real problem with
this legislation. Perhaps Senator Rath is
right. But I would just certainly caution us
that we are going to be voting for legislation
that we all agreed, 60 to nothing, last
year -- June 16th -- was important and vital
and was certainly worthy of our consideration,
that we probably be more scrupulous in our
deliberations or perhaps that we -- when we've
4001
made a decision that we at least give it some
time to lend to whether or not we have
actually erred in the process.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 7. This
act shall take effect on the same date as
Chapter 647 of the Laws of 1999.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk. I ask that it be
read.
ACTING PRESIDENT KUHL: We'll
return to the order of reports of standing
committees. The Secretary will read the
report of the Rules Committee which is at the
desk.
4002
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 1188B, by Senator
Goodman, an act to amend the Penal Law;
1880B, by Senator Wright, an act to
amend the Environmental Conservation Law;
2353, by Senator Velella, an act to
amend the General Obligations Law;
2883, by Senator Skelos, an act to
amend the Tax Law;
3009, by Senator Leibell, an act to
amend the Civil Practice Law and Rules;
3019B, by Senator Saland, an act
authorizing the reopening;
4203A, by Senator Trunzo, an act to
amend the Highway Law;
4208, by Senator Trunzo, an act to
amend the Transportation Law;
4268A, by Senator Trunzo, an act to
amend the Highway Law;
4613, by Senator Maziarz, an act to
amend the Vehicle and Traffic Law;
5199A, by Senator Bonacic, an act
to amend the Environmental Conservation Law;
4003
5675A, by Senator Larkin, an act to
authorize the commissioner;
6147, by Senator Rath, an act to
amend the Vehicle and Traffic Law;
6306A, by Senator Stafford,
concurrent resolution of the Senate and
Assembly;
6514, by Senator Marcellino, an act
to amend in relation to granting;
6682, by Senator McGee, an act to
amend the Criminal Procedure Law;
6898, by Senator Johnson, an act to
amend the Tax Law;
7233, by Senator Saland, an act to
amend Chapter 797 of the Laws of 1871;
7468, by Senator Velella, an act to
amend the Social Services Law;
7576, by Senator Seward, an act to
amend the Insurance Law;
7800, by Senator Hoffmann, an act
to amend the Public Authorities Law;
7811, by Senator Rath, an act to
amend the Local Finance Law;
7861, by Senator Spano, an act to
amend the State Finance Law;
4004
7864, by Senator Velella, an act to
amend the Civil Practice Law and Rules;
7866, by Senator Skelos, an act
authorizing the assessor of the County of
Nassau;
7893, by Senator Padavan, an act to
amend the General Municipal Law;
7909, by Senator Goodman, an act to
amend the Tax Law;
And 7913, by Senator Sampson, an
act authorizing the City of New York.
All bills ordered direct to third
reading.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT KUHL: The
motion is to accept the report of the Rules
Committee. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
4005
ACTING PRESIDENT KUHL: The Rules
report is accepted. The bills are ordered
directly to third reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you call up Calendar Number 1200, Senate
6306A, by Senator Stafford.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1200, by Senator Stafford, Senate Print 6306A,
concurrent resolution of the Senate and
Assembly proposing amendments to Article 7 of
the Constitution.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT KUHL: Senator
Stafford, an explanation of Calendar Number
1200 has been requested by the Acting Minority
Leader.
SENATOR STAFFORD: Who asked for
the explanation?
SENATOR DOLLINGER: I did,
Senator Stafford.
SENATOR STAFFORD: I would say,
Mr. President, that this is very similar to
4006
what we passed last year in this house. And
these amendments to the State Constitution
will strengthen the statutory debt reform
amendments that were passed in the 2000-2001
budget.
And if passed by the Assembly, the
voters will be offered the opportunity to
approve these reforms, which would do the
following:
Eliminate back-door borrowing;
i.e., appropriation back debt. It would allow
only voter-approved general obligation debt
or, in other words, debt that is backed by
specific revenues of the state. It would
constitutionally cap new outstanding debt at
4 percent of the state's personal income. It
would constitutionally cap new debt service at
5 percent of all funds received.
The proposal would also require
that one-half of all new debt issued must be
voter-approved general obligations debt.
Also, it would constitutionally limit the
issuance of debt to capital purposes only.
Also, it would constitutionally limit the
maturity on new debt to 30 years. And,
4007
finally, allow multiple bond acts on the
ballot.
I certainly think this is a real
step forward and would hope it would pass this
house and also the Assembly.
ACTING PRESIDENT KUHL: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Would the
sponsor just yield to one question?
ACTING PRESIDENT KUHL: Senator
Stafford, would you yield to one question from
Senator Dollinger?
SENATOR STAFFORD: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: Through you,
Mr. President, is there anything in this
proposal that affects the borrowing by any
other agencies other than agencies directly
from the State of New York?
That is, as I'm sure Senator
Stafford is aware, even when the construction
of Rockefeller Plaza occurred, we used a
mechanism to finance it through a county.
That is my understanding.
4008
Is there any restriction on the
ability of the state government to borrow from
other entities that may not be a part of the
state, to use them as a means of back-door
borrowing?
SENATOR STAFFORD: As far as
that's concerned, that isn't really what's
addressed here, no.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Stafford would just
continue to yield for one other -
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: Is there any
provision in here that deals with a
financial-catastrophe kind of emergency
situation, such as existed in 1975 with
respect to the City of New York, and the
ability of the state to borrow money in dire
financial circumstances if New York City or
Troy or some of the other cities that have run
into problems -- that would allow us to borrow
money outside the cap and in essence go back
through the back door in some emergency
circumstances?
4009
SENATOR STAFFORD: There are
other emergency provisions in the
Constitution, but not specifically in this
proposal.
SENATOR DOLLINGER: Okay. And
through you, Mr. President, this proposal does
not affect the emergency borrowing powers
granted to the state under the State
Constitution, this simply affects the normal
process of what we're familiarly calling
back-door borrowing?
SENATOR STAFFORD: That's right.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the resolution?
The Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there will be a meeting of the Health
Committee in the Majority Conference Room at
4010
4:00 p.m.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Health
Committee, immediate meeting of the Health
Committee in the Majority Conference Room,
Room 332.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could return to the regular calendar
active list, regular order.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1019, by Senator Velella, Senate Print 7810,
an act to amend the Penal Law and the Real
Property Actions and Proceedings Law, in
relation to the criminal sale of controlled
substances.
SENATOR DUANE: Explanation.
ACTING PRESIDENT KUHL: Senator
Velella, an explanation of Calendar Number
1019 has been requested.
SENATOR VELELLA: Yes, Mr.
President. Thank you.
The bill would increase criminal
4011
penalties for those who sell controlled
substances in public parks, very much the same
as we did for those who sell controlled
substances in our school system.
In addition, the bill would
authorize tenant organizations, block
associations, or neighborhood associations
within a thousand feet of any property that is
being used for illegal activities to serve the
owner or landlord with notice to make an
application for removal within five days. If
the owner or landlord does not comply or does
not diligently prosecute the tenant, it allows
the organization to bring the action for
removal instead of the landlord.
It would empower our community
organizations that complain about improper and
illegal use of properties in our districts and
in our communities to bring these actions
themselves if the landlord does not agree to
do so.
ACTING PRESIDENT KUHL: Senator
Duane, why do you rise?
SENATOR DUANE: Would the sponsor
yield?
4012
ACTING PRESIDENT KUHL: Senator
Velella, do you yield for a question from
Senator Duane?
SENATOR VELELLA: Certainly,
Senator.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Thank you.
Section 2 and 3 amend the Penal Law
by subjecting individuals who sell controlled
substances in public parks to enhanced
criminal penalties; is that correct?
SENATOR VELELLA: Yes, Senator.
SENATOR DUANE: I'm wondering,
then, why it is -
ACTING PRESIDENT KUHL: Senator
Duane, that was one question. Are you asking
the Senator to yield to another question?
SENATOR DUANE: Yes, if the
sponsor would continue to yield.
ACTING PRESIDENT KUHL: Senator
Velella, do you yield to another question from
Senator Duane?
SENATOR VELELLA: Yes, I do, Mr.
President.
4013
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: I'm wondering if
the sponsor feels that a sale of a controlled
substance is a sale of a controlled substance
or not, or whether there are special
circumstances sometimes for the sale of a
controlled substance that deserves an enhanced
penalty.
SENATOR VELELLA: I'm not sure I
understand the question, Senator.
My feeling is if it's a controlled
substance, if it's under 220 and you break the
law and you repeatedly break the law, you
ought to be punished. That's my feeling.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would yield.
ACTING PRESIDENT KUHL: Senator
Velella, do you continue to yield?
SENATOR VELELLA: Yes.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DUANE: Yet this
legislation provides for enhanced penalties
for the sale of a controlled substance in a
4014
public park. Is it your position that there
are differences, that the sale of a controlled
substance is not always the same as the sale
of a controlled substance, that there are
sometimes special circumstances which require
an increased penalty for the sale of a
controlled substance; for instance, if the
sale happens in a park?
SENATOR VELELLA: You know,
sometimes I have trouble understanding how
that side of the aisle thinks. Well, the
other day Senator Dollinger kept asking me the
same question over and over again, and I had
to tell him what I will tell you again. If it
waddles like a duck, if it quacks like a duck,
it's a duck.
You know what? 220 is against the
law to violate. If you violate it, you ought
to be punished. If you keep violating it and
you do it in public places, it ought to be
punished more severely.
Like I believe you supported -- I'm
not sure -- we did this when people sell drugs
in schools. When they sell them in parks
where kids are, where the least protected
4015
members if our society are, they ought to be
punished more severely.
How many times I can explain that
to you I don't know. You can ask the question
six different ways, I'm still going to answer
it the same way. You violate 220, you ought
to be punished.
ACTING PRESIDENT KUHL: Senator
Duane.
SENATOR DUANE: Mr. President, on
the bill.
ACTING PRESIDENT KUHL: Senator
Duane, on the bill.
SENATOR DUANE: I agree with
Senator Velella that sometimes there is a call
for increasing penalties; for instance, in
this case.
But what I am confused about is why
it is that earlier in this session Senator
Bruno said that, regarding hate crimes, that
"We feel it's an important issue, it's one
that should be addressed in some way here in
this chamber, discussed and voted on, and we
intend to do that in this session."
And in addition, Senator Goodman,
4016
when speaking when Madam President was in the
President's seat, said, "This is a matter of
great gravity. And I would just like to say
to you that after a careful discussion with
the Majority Leader, I'm absolutely convinced
that what you've have just heard from him will
be a binding pledge. He has done this before,
and he has stuck to every word of his, every
bit of his commitment on anything that he's
ever pledged to me personally. And I do have
his pledge, as does our entire conference,
that this matter will be taken you up in due
course this year. And I'm also informed that
it will involve the use of the sexual
orientation with specificity, and not just a
vague language to becloud the issue."
And so, Mr. President, what I'm
confused about is why it is that we continue
to have bills come before us which enhance
penalties for crimes under certain
circumstances and with certain intent and
against various groups of people -- like
police officers and code enforcement officers
and the elderly and mentally impaired -- and
yet, even though there was a whole discussion
4017
on the floor and pledges put forward, we still
have not yet had a vote on hate crimes.
I'll be voting yes on this, but I
think the point needs to be made that there
was a pledge made that we would be voting on
hates crimes, including sexual orientation,
which increases penalties for a certain type
of crime. We have very little time left in
this session. I'm looking forward to that
pledge being kept.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Velella.
SENATOR VELELLA: Mr. President,
just on the bill briefly. I would just like
to -
ACTING PRESIDENT KUHL: Senator
Velella, on the bill.
SENATOR VELELLA: I would just
like to call to the attention of my colleagues
that this bill is punishing people who
repeatedly break the same law over and over
again, who continue to flaunt their
irresponsible conduct, their insistence on
breaking the laws before us. And I believe
4018
that we have to severely punish them.
I also believe very strongly that
we need not be reminded that when the Majority
Leader of this house or when Senator Goodman
make a statement on the floor, they've always
lived up to it. And I don't think that we
need other members to constantly try to
grandstand and remind them.
I think the Majority Leader will
keep his word. I think Senator Goodman keeps
his word. And I don't think it's very
professional to try and insinuate that they
need to be reminded about their word.
Thank you.
ACTING PRESIDENT KUHL: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I would like to ask a couple of
questions of Senator Velella.
ACTING PRESIDENT KUHL: Senator
Velella, do you yield to a question from
Senator Montgomery?
SENATOR VELELLA: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
4019
SENATOR MONTGOMERY: Thank you,
Senator Velella.
Your bill amends the law -- I just
want to make sure this is what I'm actually
reading -- that it amends the law to make it a
Class E felony for a person who is convicted
for the third time of selling marijuana; is
that not correct?
SENATOR VELELLA: Not -- no, the
third time for possessing. The second time
for selling. The second time for selling, the
third time for possessing.
SENATOR MONTGOMERY: And then it
makes it a Class D felony for a person to sell
marijuana -
SENATOR VELELLA: Excuse me,
Senator, I just want to be correct when I give
you the information. Counsel explained to me
that it would be the fourth time, actually.
They had to be convicted of three violations
of possession for Section 220. It could be
marijuana or it could be any other controlled
substance.
But three convictions for the
possession. The fourth time, you would have
4020
the felony offense apply, an E felony.
And for the sale, two convictions
and the third time it would be a felony
offense.
SENATOR MONTGOMERY: So the
fourth time -
SENATOR VELELLA: For possession.
SENATOR MONTGOMERY: -- for
possession, and the third time for selling?
SENATOR VELELLA: Yes.
SENATOR MONTGOMERY: And then it
makes it a Class D felony for any person to
sell marijuana if he has previously been
convicted of three or more crimes involving
marijuana.
SENATOR VELELLA: Well, Senator,
you know, maybe that may be the drug of choice
you used, to use an example.
But the law as we're writing it
says three or more times within a five-year
period for violation of Section 220. Which
might include marijuana and might include a
lot of other different types of controlled
substances.
So it could be, you know, a Chinese
4021
menu of pick one from Column A and one from
Column B. You could have marijuana, you could
have some other kind of drugs, or you could
have three sales of marijuana. And then it
would be elevated to a felony on the fourth
one.
SENATOR MONTGOMERY: Right. Mr.
President, I'm just dealing with marijuana.
I'm not dealing with the other.
(Laughter.)
ACTING PRESIDENT KUHL: Would you
like the Senator to yield to another -
Senator Montgomery.
SENATOR MONTGOMERY: I'm just
talking about marijuana. I'm not talking
about the other.
(Laughter.)
ACTING PRESIDENT KUHL: Senator
Montgomery, would you like Senator Velella to
yield?
SENATOR MONTGOMERY: Let the
record show that I'm only talking about
marijuana.
ACTING PRESIDENT KUHL: Would you
like Senator Velella to yield to another
4022
question?
SENATOR MONTGOMERY: Yes, Mr.
President, if he will continue to yield.
ACTING PRESIDENT KUHL: Senator
Velella, do you yield to another question?
SENATOR VELELLA: Certainly,
Senator.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR MONTGOMERY: My
apologies, Senator.
SENATOR VELELLA: Oh, don't
apologize. Feel free.
SENATOR MONTGOMERY: Senator, I
would just like to know if, assuming that a
person is arrested on a D felony under your
law for marijuana -
SENATOR VELELLA: Okay.
SENATOR MONTGOMERY: -- what
would be the minimum sentence for that person
based on the Rockefeller Drug Laws?
SENATOR VELELLA: Under the
Rockefeller Drug Law, I don't know. But under
this law, a D felony would be, I believe, zero
to 7 max.
4023
This is the fourth sale. This is
not some innocent kid who is just possessing a
little bit for his personal consumption. This
is the fourth sale to somebody that's maybe my
son, my grandchild, someone I care about
they've sold it to. Maybe it's someone that
you care about.
You choose to talk about marijuana.
The law doesn't -- Section 220 doesn't
differentiate marijuana and the controlled
substances that are listed in there. You
choose to speak about marijuana, but it could
be any other controlled substance.
So on their fourth sale, they've
got a problem.
SENATOR MONTGOMERY: Thank you.
ACTING PRESIDENT KUHL: Senator
Montgomery.
SENATOR MONTGOMERY: Senator,
just -- I just want to make a brief statement
on the bill.
ACTING PRESIDENT KUHL: Senator
Montgomery, on the bill.
SENATOR MONTGOMERY: Thank you,
Senator Velella.
4024
On the legislation, I just want to
point out to Senator Velella that we are -- I
think the Governor has made some indication,
as well as our Majority Leader -- certainly on
our side of the house, we're trying to talk
about reforming the Rockefeller Drug Laws.
And certainly one of the things
that we understand is that the way that the
law is written, it requires excessive
sentencing disproportionate to the actual
involvement.
And in fact, counsel tells me that
actually marijuana is -- would not necessarily
be covered under this section of the law.
But let me just say that rather
than getting into the details of the law where
it's covered and that sort of thing, because
I'm not an expert in that -- but I certainly
am an expert in understanding that we have
this tremendously lopsided system of punishing
people specifically, I'm talking about, in
relationship to their involvement with
marijuana.
So I would hope that we would leave
some time and leave -- be open to the process
4025
of reforming that whole battery of laws as it
relates to marijuana before we go into
establishing these harsh penalties and talking
about if you sell it near the park or near the
this or near the that.
I think that we -- one, if it's a
crime, it should be a crime that stands
anyplace. But certainly if we're going to
talk about reform, it seems to me that we
don't want to now talk about if you sell -- if
you're caught three times, you're going to
be -- we're going to increase the level of the
penalty.
So, Mr. President, I'm just voting
no on this because I've taken the position
that I want to see the Rockefeller Drug Laws
reformed. I think most of us in this house
do. And for us to have these single
approaches to escalating what we already know
is wrong, to me just doesn't make any sense.
So I'm voting no. Certainly I'm
not, you know, supporting drug addicts or
people who sell drugs. But I do think that we
absolutely have to address the reform of the
Rockefeller Drug Laws. So I'm voting no, Mr.
4026
President.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
Excuse me. Senator Velella.
SENATOR VELELLA: If I might,
just to clear up what might be a
misunderstanding.
I believe that you and I are
talking about the same thing. When you're
talking about the proposals in this house to
reform the drug laws that were instituted
under Governor Rockefeller, those are some
pretty harsh mandatory-jail-sentence
provisions that the judge must sentence
someone to jail if in fact they violate those
laws.
This is what you're looking for.
This gives the latitude to the sentencing
judge to say, I'm looking at this, if this is
somebody who's a bad person that I want to
send to jail, I can send them to jail for a
long time. And that can be to an E or a D
felony.
If they're not, there's no
requirement. It's not mandatory jail time.
4027
It's permissive for the judge, the sentencing
judge.
And with all due respect to your
counsel who kneels at your side, your counsel
says marijuana isn't covered. My counsel says
marijuana is covered. What have you got a
problem with? You want to talk about
marijuana, it's not covered? Vote for the
bill.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
Excuse me. Senator Coppola.
SENATOR COPPOLA: Yes, Mr.
President. Just one question to the sponsor.
ACTING PRESIDENT KUHL: Senator
Velella, do you yield to a question from
Senator Coppola?
SENATOR VELELLA: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR COPPOLA: Would this
specifically be for parks and school grounds?
SENATOR VELELLA: Well, we
already did schools. That's in the law. This
would expand that same concept to parks.
4028
And also the phase that has not
been thoroughly discussed is it would allow
community groups, tenant associations, civic
associations in your district, in your
community to say, We want to go in because we
know that house has got drug activity going
on, it's a place where they're selling
marijuana or they're selling other controlled
substances, and the landlord fails to take any
action to dispossess those people. The
community groups can now go and in and have
the umbrella of protection under the name of a
group so that there's no individual pointing
the finger.
I think it's a very positive step
forward.
SENATOR COPPOLA: Well, one more
question, Mr. President.
ACTING PRESIDENT KUHL: Senator
Velella, do you continue to yield?
SENATOR VELELLA: Yes.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR COPPOLA: Well, I guess
what I was concerned about is that if there
4029
are -- you were putting barriers on this law.
But apparently it's more than just parks. It
could be used in neighborhoods also. I mean,
if you got caught -
SENATOR VELELLA: That's another
section, yes.
SENATOR COPPOLA: If you got
caught across the street from a park, there
wouldn't be -- it would still be in this?
SENATOR VELELLA: No, the
additional elevation of the crimes to the
felonies are for sales and possession on park
property. You have to be on the property.
The other laws that we now have in
effect for the rest of the state would take
place if it was across the street or down the
block.
In addition, this law is being
expanded to allow these community groups
within a thousand feet of a building to bring
an action in court to have the tenant or the
person that's selling drugs in a building -
the second part of the bill -- to have them
evicted from the building if the landlord
fails to take action.
4030
SENATOR COPPOLA: I'm obviously
supporting the bill. I think -
ACTING PRESIDENT KUHL: Senator
Coppola, are you asking Senator Velella to
yield to another question, or do you want to
speak on the bill?
SENATOR COPPOLA: I just want to
speak on the bill, Senator.
ACTING PRESIDENT KUHL: Senator
Coppola, on the bill.
SENATOR COPPOLA: I'm obviously
going to support the bill. I think it's good
to enforce and do things like Senator Velella
is doing. I just think that we shouldn't have
restrictions or barriers. I think everything
should be covered.
And that's all I was concerned
about, that everything would be covered with
this bill. And I don't know if it is, and
that's the whole thing.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the bill?
The Secretary will read the last
section.
THE SECRETARY: Section 10. This
4031
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Senator
Duane, why do you rise?
SENATOR DUANE: To explain my
vote.
ACTING PRESIDENT KUHL: Senator
Duane, to explain his vote.
SENATOR DUANE: Thank you. I
just want to completely clarify that the issue
that I was speaking to was that of enhancing
criminal penalties to those who sell
controlled substances in public parks.
And that it's yet another example
that we have here in the Senate of increasing
a penalty for a crime and thereby
acknowledging and reinforcing that a crime is
not always a crime, that different crimes are
treated -- that the same crime directed in a
certain place or against a certain person or
groups of people can be punished with enhanced
penalties.
I'll be voting yes on this, Mr.
4032
President.
ACTING PRESIDENT KUHL: Senator
Duane will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 54. Nays,
1. Senator Montgomery recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
1039, by Senator Lack, Senate Print 6764, an
act to amend the Correction Law, in relation
to the -
SENATOR MARCELLINO: Lay it aside
for the day, please.
ACTING PRESIDENT KUHL: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
815, by Senator LaValle, Senate Print 1619A,
an act to amend the Criminal Procedure Law, in
relation to the designation.
SENATOR MARCELLINO: Lay the bill
aside for the day.
4033
ACTING PRESIDENT KUHL: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
816, by Senator LaValle, Senate Print 1620A,
an act to amend the Criminal Procedure Law, in
relation to the designation.
SENATOR MARCELLINO: Lay that
bill aside for the day, please.
ACTING PRESIDENT KUHL: Lay the
bill aside for the day.
Senator Marcellino, that completes
the reading of the controversial calendar.
We do have a couple of housekeeping
things at the desk, if you'd like to take
those up now.
SENATOR MARCELLINO: Clean the
house, please.
ACTING PRESIDENT KUHL: We'll
return to the order of motions and
resolutions.
The chair recognizes Senator McGee.
SENATOR McGEE: Thank you, Mr.
President.
On behalf of Senator Skelos, would
you please place a sponsor star on Calendar
4034
Number 716.
ACTING PRESIDENT KUHL: Calendar
Number 716 will be starred at the request of
the sponsor.
SENATOR McGEE: Thank you very
much, Mr. President.
ACTING PRESIDENT KUHL: Thank
you, Senator McGee.
Senator Smith.
SENATOR A. SMITH: Thank you, Mr.
President.
On page 41, I offer the following
amendments to Calendar Number 1042, Senate
Print Number 5953, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT KUHL: The
amendments are received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
Senator Marcellino.
SENATOR MARCELLINO: Mr.
President, if we could return to the reports
of standing committees, I believe there's a
report of the Finance Committee at the desk.
If we can have it read.
4035
ACTING PRESIDENT KUHL: We'll
return to the order of reports of standing
committees. There is a report from the
Finance Committee at the desk. I'll ask the
Secretary to read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations:
As a member of the Workers'
Compensation Board, Michael Berns, of New York
City.
ACTING PRESIDENT KUHL: Senator
Stafford.
SENATOR STAFFORD: We've had fine
appointments, Mr. President, this afternoon.
Mr. Berns is one. I'm yielding to Senator
Goodman. It's a pleasure to yield to Senator
Goodman.
SENATOR GOODMAN: Mr. President,
it's my pleasure this afternoon to speak on
behalf of the nomination of Michael T. Berns,
of the famed Silk Stocking district in New
York City, who is at this point before us for
consideration.
Mr. Berns is an individual I've
4036
known for a long while, and I have the
greatest confidence in his ability and
integrity and think he'd make a very suitable
addition to the Workers' Compensation Board.
May I say to you that he has had
direct operating experience in several areas
of significance. He's on the Roosevelt Island
Operating Corporation. He has had various
affiliations with electronics concerns in New
York City, including Tiffany Electronics, the
very name of which connotes high quality, no
doubt, for those of you familiar with that
great establishment -- with which this company
has nothing whatsoever to do, I might add.
He is -- I'm not being facetious,
Mr. Chairman. I believe very strongly that
his various business experiences add up to a
significant body of evidence that he would
make a splendid addition.
And may I say to you also that
knowing him as I do, he's an individual of
great personal concern and sympathy for other
human beings and as such would be a very
suitable individual working within the ambit
of this particular professional body.
4037
Mr. President, may I say that he is
also a noted member of Community Planning
Board Number 8 -- Mr. Velella, please. And as
a board member and chairman of coop boards,
he's also had a record of good performance.
I believe he's with us today, and
it's my great pleasure to place his name in
nomination before this body with utmost
confidence and belief in his ability,
capacity, and integrity.
Thank you.
ACTING PRESIDENT KUHL: Is there
any other member wishing to speak on the
nomination?
Hearing none, the question is on
the nomination of Michael Berns, of New York
City, to become a member of the Workers'
Compensation Board. All those in favor of the
nomination signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is unanimously confirmed.
4038
We're very, very pleased to have
Mr. Berns in the chamber with us.
Mr. Berns, congratulations and good
luck.
(Applause.)
ACTING PRESIDENT KUHL: The
Secretary will continue to read.
THE SECRETARY: As a member of
the Workers' Compensation Board, Jeffrey
Sweet, of Peekskill.
ACTING PRESIDENT KUHL: Senator
Stafford.
SENATOR STAFFORD: Mr. President,
on behalf of Senator Leibell, it's certainly a
pleasure to move the nomination of Mr. Sweet,
who has done an excellent job also on the
Workers' Compensation Board.
And he had experience as a
personnel director at the Westchester Medical
Center. And he understands the Labor Law and
labor relations. And he has an outstanding
record as far as working in his community. He
graduated from Utica College of Syracuse
University.
And again, it's a pleasure to move
4039
the confirmation of Mr. Sweet.
ACTING PRESIDENT KUHL: Is there
any other Senator wishing to speak on the
nomination?
Hearing none, the question is on
the nomination of Jeffrey Sweet, of Peekskill,
New York, to become a member of the Workers'
Compensation Board. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
We're very pleased to have
Mr. Sweet with us today.
Mr. Sweet, congratulations and good
luck.
(Applause.)
ACTING PRESIDENT KUHL: The
Secretary will continue to read.
THE SECRETARY: As a member of
the Board of Trustees of the City University
of New York, John J. Calandra, Esquire, of the
4040
Bronx.
ACTING PRESIDENT KUHL: Senator
Stafford.
SENATOR STAFFORD: It will be a
pleasure to yield to the Senator from the
Bronx, Senator Velella.
ACTING PRESIDENT KUHL: The chair
recognizes Senator Velella on the nomination.
SENATOR VELELLA: Mr. President,
it's my pleasure and my honor to place a
nomination in the name of John Calandra for
reappointment as a member of the board at CUNY
University.
Certainly the name is no new name
to this chamber. His dad served here for many
years with some of the people who sit here
today. Certainly Senator Stafford and many
remember John Calandra, Sr., who had a very
distinguished and outstanding career in this
chamber.
His son has followed in his
footsteps and become an attorney, a graduate
of Cornell University, graduated third in his
class, Law Review, magna cum laude, an
excellent student, an excellent attorney, and
4041
also an excellent member of the board at CUNY.
His public service career is
beginning and has led to a distinguished
career at CUNY, as his dad had a distinguished
career in the Senate.
I'm pleased to place his name in
nomination and urge my colleagues to support
it.
ACTING PRESIDENT KUHL: Is there
any other member wishing to speak on the
nomination?
Senator Lachman.
SENATOR LACHMAN: I yield to
Senator Goodman.
ACTING PRESIDENT KUHL: The chair
recognizes Senator Goodman.
SENATOR GOODMAN: Mr. President,
it's my pleasure also to add a word on behalf
of Mr. Calandra, whom I've known for some
time, and to say to you that he has indeed a
distinguished career, having worked with the
noted law firm of Cravath, Swaine and Moore in
New York City for a few years.
And also the reports which emanate
from the much-conflicted CUNY board are that
4042
he is a very helpful and constructive member
of that important body at a time of
considerable difficulty which it confronts in
attempting to solve the problems of our
contemporary education picture and higher ed
in New York.
So I strongly and enthusiastically
support Senator Velella's nomination.
ACTING PRESIDENT KUHL: Senator
Lachman.
SENATOR LACHMAN: Yes. As a
Bronxite who at the age of one emigrated to
Brooklyn, I also would like to second the
nomination of Mr. Calandra. I believe this is
his fourth year, or the beginning of his fifth
year as a member of the CUNY Board of
Trustees. But I would also like to add a few
words.
About a week ago, the CUNY Board of
Trustees adopted a master plan. At the very
least, it was a controversial plan. But I
must give the chancellor of CUNY and the
members of CUNY credit that during the last
academic year, many of the problems that had
evolved previously have been in a sense met
4043
head-on, and compromises have been raised and
promulgated that do not please everyone, but
prevent CUNY from exploding, which was the
fear that many of us had previously.
Now, very briefly, the master plan
that was adopted had programs that would lead
CUNY into the 21st century, such as flagship
colleges, greater research, honors programs,
higher standards, upgrading of teacher
education.
It is absolutely essential that the
members of the CUNY Board of Trustees realize
that we do mean that access must go together
with excellence, that the CUNY tradition of
access has permitted many of the members of
this chamber, including me, to achieve a
college education. At the same time, there is
nothing in access that negates excellence if
worked out properly.
Now, Henry Kaiser once said there
is no such thing as a problem, a problem is
only an opportunity in work clothes.
Mr. Calandra can expect to look forward to
several opportunities in work clothes. One
would be negotiating with a new faculty union.
4044
The faculty contract expires, I believe, next
month. That will not be an easy task and will
entail a great deal of Solomonic wisdom.
Two, Board of Education and CUNY
articulation, which has already been started
by Chancellor Goldstein and Chancellor Levy,
who, as a member of the Board of Regents prior
to his appointment as chancellor of the Board
of Education, approved the long-range program.
And, three, an increase in faculty
lines and positions, which is not the job of
the CUNY Board of Trustees but is the
responsibility of this State Legislature. It
is my opinion unconscionable that the ratio of
full-time faculty lines to adjunct positions
has dipped below the 50 percent mark. A red
signal appears.
Karen Hitchcock, the president of
SUNY Albany, is concerned that she only has
70 percent of her faculty on full-time lines.
Once you go below 50 percent, there is a great
danger.
And I hope and pray that next year
when we work on our budget, CUNY will receive
the necessary full-time faculty lines that
4045
will preserve it as a great institution of
academic learning in the United States.
Thank you kindly.
ACTING PRESIDENT KUHL: Senator
Seabrook, on the nomination.
SENATOR SEABROOK: Yes, Mr.
President.
I rise in support of this
nomination of Mr. Calandra, who is a fellow
Bronxite, to continue on the CUNY board. And
it is my hope that he will continue to do that
particular mission that was set forth, as his
father set forth, to bring about a sense of
diversity in the City University system and to
have a sense of Italian-Americans
participating much more in the City
University.
And so I rise to say that it is
important to continue that thrust of diversity
within the City University system and allow
continued access for those members who are
less fortunate to go to other private
institutions and to become a part of this
great diversity that's within the city of New
York.
4046
So that's why I rise in support of
this nomination.
ACTING PRESIDENT KUHL: Any other
Senator wishing to speak on the nomination?
Hearing none, the question is on
the nomination of John J. Calandra, Esquire,
of the Bronx, to become a member of the Board
of Trustees of the City University of New
York. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is unanimously reappointed and
confirmed.
Mr. Calandra is in the chamber with
us. Mr. Calandra, congratulations and good
luck.
(Applause.)
ACTING PRESIDENT KUHL: The
Secretary will continue to read.
THE SECRETARY: As members of the
Correction Medical Review Board, Michael M.
4047
Baden, M.D., of New York City; David Barry,
M.D., of Rochester.
ACTING PRESIDENT KUHL: The
question is on the nomination. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominees are confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Saratoga-Capital District State Park,
Recreation and Historic Preservation
Commission, Monica Bell, of Loudonville.
ACTING PRESIDENT KUHL: The
question is on the nomination of Monica Bell,
of Loudonville, to become a member of the
Saratoga-Capital District State Park,
Recreation and Historic Preservation
Commission. All those in favor signify by
saying aye.
(Response of "Aye.")
4048
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Thousand Islands State Park, Recreation
and Historic Preservation Commission,
Christopher R. Booth, of Plattsburgh.
ACTING PRESIDENT KUHL: The
question is on the nomination of Christopher
R. Booth, of Plattsburgh, to become a member
of the Thousand Islands State Park, Recreation
and Historic Preservation Commission. All
those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
4049
THE SECRETARY: As a member of
the New York State Hospital Review and
Planning Council, Craig A. Duncan, of Averill
Park.
SENATOR FUSCHILLO: Move the
nomination.
ACTING PRESIDENT KUHL: The
question is on the nomination of Craig A.
Duncan, of Averill Park, to become a member of
the New York State Hospital Review and
Planning Council. All those in favor signify
by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Advisory Council to the Commission on the
Quality of Care for the Mentally Disabled,
Shirley B. Flowers, of Brooklyn.
SENATOR FUSCHILLO: Move the
4050
nomination.
ACTING PRESIDENT KUHL: The
question is on the nomination of Shirley B.
Flowers, of Brooklyn, to become a member of
the Advisory Council to the Commission on the
Quality of Care for the Mentally Disabled.
All those in favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Board of Visitors of the Binghamton
Psychiatric Center, Joyce Gioia, of
Binghamton.
SENATOR FUSCHILLO: Move the
nomination.
ACTING PRESIDENT KUHL: The
question is on the nomination of Joyce Gioia,
of Binghamton, to become a member of the Board
of Visitors of the Binghamton Psychiatric
4051
Center. All those in favor signify by saying
aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As members of the
Creedmoor Psychiatric Center Board of
Visitors, Alfred Koral, of Jamaica, and Joel
A. Miele, Sr., of Howard Beach.
SENATOR FUSCHILLO: Move the
nominations.
ACTING PRESIDENT KUHL: The
question is on the nominations of Alfred Koral
and Joel A. Miele, Sr., to become members of
the Board of Visitors of the Creedmoor
Psychiatric Center. All those in favor of the
nominees signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
4052
(No response.)
ACTING PRESIDENT KUHL: The
nominees are confirmed.
The Secretary will continue to
read.
THE SECRETARY: As members of the
Board of Visitors of the Kingsboro Psychiatric
Center, Shirley B. Flowers, of Brooklyn.
SENATOR FUSCHILLO: Move the
nomination.
ACTING PRESIDENT KUHL: The
question is on the nomination of Shirley B.
Flowers, of Brooklyn, to become a member of
the Board of Visitors of the Kingsboro
Psychiatric Center. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
4053
the Board of Visitors of the South Beach
Psychiatric Center, Margaret Governo, of
Staten Island.
SENATOR FUSCHILLO: Move the
nomination.
ACTING PRESIDENT KUHL: The
question is on the nomination of Margaret
Governo, of Staten Island, to become a member
of the Board of Visitors of the South Beach
Psychiatric Center. All those in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
The Secretary will continue to
read.
THE SECRETARY: As a member of
the Board of Visitors of the Sunmount
Developmental Disabilities Services Office,
Richard W. Bossert, Ph.D., of North River.
SENATOR FUSCHILLO: Move the
nomination.
4054
ACTING PRESIDENT KUHL: The
question is on the nomination of Richard W.
Bossert, Ph.D., of North River, to become a
member of the Board of Visitors of the
Sunmount Developmental Disabilities Services
Office. All those in favor of the nomination
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
nominee is confirmed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, will you take up Calendar Number
1181, please.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1181.
THE SECRETARY: Calendar Number
1181, by Senator Goodman, Senate Print 1188B,
an act to amend the Penal Law, in relation to
prohibiting and penalizing identity theft.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
4055
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Announce
the results.
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, is there any housekeeping at the
desk?
ACTING PRESIDENT KUHL: The house
is clean.
SENATOR FUSCHILLO: The house is
clean?
There being no further business to
come before the Senate, I move we adjourn
until Thursday, June 1st, at 10:00 a.m.
ACTING PRESIDENT KUHL: Without
objection, the Senate stands adjourned until
tomorrow, Thursday, June 1st -- note the time
change -- at 10:00 a.m.
4056
(Whereupon, at 4:37 p.m., the
Senate adjourned.)