Regular Session - April 25, 2001
6041
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 25, 2001
11:11 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
please 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: With us this
morning to give the invocation is Father Edson
J. Wood, O.S.A., United States Corps of Cadets
chaplain, at Most Holy Trinity Chapel at West
Point.
CHAPLAIN WOOD: May we pray.
Almighty God, we pray You guide
this great state and those who lead it.
Defend always our liberties; preserve our
unity; in the time of our prosperity, temper
our self-confidence with thankfulness; and, in
the day of trouble, let our trust in You never
fail.
Look, too, with Your generous
bounty on West Point, which is to be honored
here today. We pray You to make all who are
associated with her into men and women for
6043
whom duty, honor, country becomes and remains
a way of life.
Let this West Point Day be for all
of us a happy reminder and a serious
challenge, a reminder of past glories and a
challenge to keep our motives pure, our goals
high, and our vision clear.
Our prayer this day comes from
hearts that are open to You, and we ask these
things in Your name, which is mighty. May we
all say amen.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, April 24, the Senate met pursuant to
adjournment. The Journal of Monday, April 23,
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.
Messages from the Governor.
6044
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Bruno.
SENATOR BRUNO: Madam President,
are there any substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR BRUNO: Would you make
the substitutions at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 4,
Senator Maziarz moves to discharge, from the
Committee on Alcoholism and Drug Abuse,
Assembly Bill Number 2637 and substitute it
for the identical Senate Bill Number 1632,
First Report Calendar 471.
On page 6, Senator Marchi moves to
discharge, from the Committee on Finance,
Assembly Bill Number 5116 and substitute it
for the identical Senate Bill Number 2769,
First Report Calendar 489.
6045
On page 12, Senator Goodman moves
to discharge, from the Committee on
Investigations, Taxation and Government
Operations, Assembly Bill Number 2599 and
substitute it for the identical Senate Bill
Number 2814, First Report Calendar 556.
And on page 13, Senator Maziarz
moves to discharge, from the Committee on
Investigations, Taxation and Government
Operations, Assembly Bill Number 7221 and
substitute it for the identical Senate Bill
Number 3821, First Report Calendar 560.
THE PRESIDENT: The substitutions
are ordered.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe that there are four privileged
resolutions at the desk by Senator Skelos. I
would ask that the titles be read at this time
and move for their immediate adoption.
THE PRESIDENT: Thank you,
Senator. The Secretary will read.
THE SECRETARY: By Senator
Skelos, Legislative Resolution Number 1483,
honoring St. Christopher's School of Baldwin,
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New York, upon the occasion of its 75th
Anniversary.
By Senator Skelos, Legislative
Resolution Number 1484, honoring Bob Sheppard
upon the occasion of his designation for
special recognition by St. Christopher's
School at its 75th Anniversary Diamond Jubilee
Ball.
By Senator Skelos, Legislative
Resolution Number 1485, honoring Sister
Rosemary Wood, C.S.J., upon the occasion of
her designation for special recognition by
St. Christopher's School at its 75th
Anniversary Diamond Jubilee Ball.
And by Senator Skelos, Legislative
Resolution Number 1486 honoring Sister Maria
Martin, C.S.J., upon the occasion of her
designation for special recognition by
St. Christopher's School at its 75th
Anniversary Diamond Jubilee Ball.
THE PRESIDENT: The question is
on the resolutions. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
6047
(No response.)
THE PRESIDENT: The resolutions
are adopted.
SENATOR BRUNO: Madam President.
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: We have been
taking up some of the previous resolutions
with the expectation that some of the members
who apparently are wandering through the halls
will find their seats.
And, Senator, do you know, are
members headed in, Senator Paterson? Are
members coming in to the -
SENATOR PATERSON: Madam
President.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: I have called
all the members in. They are supposedly
coming here right now.
THE PRESIDENT: Thank you,
Senator Paterson.
SENATOR BRUNO: Unlike the
military, Madam President, people have the
prerogative of wandering in other than at the
appointed hour of 11:00. It might be a little
6048
drastic, but there have been firing squads
invented for less offenses.
(Laughter.)
THE PRESIDENT: I'm sure we
misunderstood your remarks, Senator.
SENATOR BRUNO: Madam President,
I believe that there is a privileged
resolution at the desk.
THE PRESIDENT: There is,
Senator.
SENATOR BRUNO: -- by Senator -
and retired colonel -- Larkin. I would ask
that it be read in its entirety and move for
its immediate passage.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 1482,
memorializing Governor George E. Pataki to
proclaim April 25, 2001, as "West Point Day"
in New York State.
"WHEREAS, This Legislative Body is
justly proud to celebrate the establishment of
the United States Military Academy at
West Point and to call upon Governor George E.
6049
Pataki to proclaim April 25, 2001, as 'West
Point Day' in New York State; and
"WHEREAS, By an act of Congress, on
March 16, 1802, the United States Military
Academy was established within the borders of
New York State, on the banks of the Hudson
River; and
"WHEREAS, The Academy and its
graduates are an integral part of the proud
history of this State and Nation; and
"WHEREAS, The leadership and
sacrifices of the members of the Long Gray
Line have helped this country withstand
countless threats to our cherished democratic
way of life; and
"WHEREAS, The alumni have excelled
not only on the battlefield but in many fields
of endeavor. The Academy continues to provide
our country with able and dedicated future
leaders. Its scenic campus is a mecca each
year for thousands of visitors from across our
State, continent, and other countries; and
"WHEREAS, The United States
Military Academy is in the forefront of our
State's outstanding institutions of higher
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learning; and
"WHEREAS, Forty-nine years ago, the
late James T. McNamara, then a member of the
New York State Assembly, and a member of the
Academy's class of 1939, was the author of the
State Legislature's first 'West Point Day'
resolution; and
"WHEREAS, For decades, our Nation
has enjoyed the legacy of freedom and the
United States Military Academy at West Point
has played a vitally significant role in the
maintenance of peace and freedom; and
"WHEREAS, The members of this
Legislative Body are equally proud to
commemorate this event, marking April 25,
2001, as 'West Point Day' in New York State;
now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to celebrate
the establishment of the United States
Military Academy at West Point and to
memorialize Governor George E. Pataki to
proclaim April 25, 2001, as 'West Point Day'
in New York State; and be it further
"RESOLVED, That a copy of this
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resolution, suitably engrossed, be transmitted
to the Honorable George E. Pataki, Governor of
the State of New York."
THE PRESIDENT: Senator Bruno,
for further remarks.
SENATOR BRUNO: Thank you, Madam
President.
THE PRESIDENT: You're welcome.
SENATOR BRUNO: Madam President,
colleagues, we do many very important things
in this chamber that affect in a positive way
the people of this state and the country, but
there isn't anything that we do that is any
more rewarding than to recognize those at
West Point and respect and honor them and the
work that they do.
So I welcome General,
Superintendent, the Commander of West Point,
Dan Christman, and his officers and his staff;
the Adjutant General John Fenimore, Deputy
Adjutant General Bill Martin of the New York
National Guard; the Brigade Commander, First
Captain David Uthlaut, from Charleston,
South Carolina, Charleston, South Carolina,
who is on his way to the 101st Airborne
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Division, where I took my basic training. But
at that time it was deactivated. You didn't
have to jump out of planes. So we wish you
well.
I'm told and had a visit with
General Christman that this will be his last
visit here as the Superintendent of
West Point, because he is going on with his
life and doing other things. And that's sad
in terms of our recognition of that. But it's
also a happy occasion, in that we can
recognize your contributions here, starting
36 years ago in the military as a cadet,
sitting as one of the twelve others, I'm sure,
in some assemblies, not knowing, just as the
twelve cadets that are here with the General,
not knowing what the future will bring.
And I'm sure when General Christman
was there at the Military Academy, the whole
book of life was still before him and he was
enjoying a chapter. And as he went on writing
chapter after chapter, not knowing still what
the end of that book will be, he has
distinguished himself in every way, in every
place that he has been.
6053
And it's a major accomplishment
when, 12 years ago, teaching there, was then
recognized by the commanding general of the
military, our President, that he had all of
the qualities to reach the highest that anyone
can reach there at West Point to be the
commander, to be the superintendent.
So we're indebted to you, General,
for all the good things that you have done in
your 36 years, and your preparation to go on
with your life. And you're going to be doing
some other great things, and you'll be writing
many more chapters in your book. And we will
be following all the good things that will go
on, because you are the kind of person that
all the cadets and many people look to.
And to the cadets, we simply say:
Your life is before you. Some of the pages
have been written already, and you have
reached where you are now. And you're going
to go forward. And we here in the United
States look to you. You are representatives
of the greatest military academy in the world.
And you must be awfully proud when you take a
look at the people that have gone before you
6054
and the work that you do.
We live in challenging times in the
world today. But looking at you and
recognizing you and your colleagues there in
the Academy, all of us here in this state and
in this country take great comfort in knowing
that you're there and you're ready. And
whatever obstacles that may be out there, that
you will be there in the forefront, helping
protect people who desperately need your
protection. So we thank you for that, and we
welcome you here.
And, Father Woods, we thank you for
your prayers and for all the good things that
you do in keeping all of the cadets and the
officers and the General properly motivated so
that they aspire to the highest and the best.
Thank you, Madam President.
THE PRESIDENT: Senator Larkin.
SENATOR LARKIN: Thank you, Madam
President. It's my distinct privilege today
to officially welcome General Christman, his
staff, faculty, our alumni association, our
representatives from the National Guard here
in the State of New York, and, most
6055
importantly, the cadets.
As the Majority Leader said, the
life that you've lived, General Christman, is
something that every cadet -- those here
today, those to come in the future -- can look
at and say: There's an idol that I can look
at, there's a model that I want to be part of.
Today we're privileged. The Long
Gray Line began in Orange County 99 years ago.
When you think of what Sylvanus Thayer talked
about and what he wanted to build -- duty,
honor, and country, three words that you can
hear across this planet today, because we are
still looking to ensure that those who are
going to be our leaders have those three
characteristics of duty, honor, and country.
We in the State of New York are
very proud to have you in our home. Years
ago, you were thought about being part of an
island. Now you're the icon for our economy.
And those who have never paid attention to the
military, and those who have, can look at who
served as West Point -- Ulysses Grant, General
MacArthur, Eisenhower, Patton, and
Schwarzkopf. All distinguished leaders, all
6056
graduates, all members of the Long Gray Line.
Today we're blessed when we look at
those cadets that are here today. And at this
time I would like to introduce you. When I
announce your name, please stand up so that my
colleagues and I can give you proper
recognition.
We'll start with the First Captain,
Captain David Uthlaut, from the State of
South Carolina. Which he said to me this
morning, just remember me as part of the West
Point from the South, Clemson -- Citadel.
Excuse me, David.
Cadet Leslie Adamczyk, from the
United States Military Academy at West Point.
Cadet Ariel Frometa, from New York
City.
Cadet Cory Kwarta, from Webster.
Cadet Charles Lewis, from
Pittsford.
Cadet Aaron Lykling, from Rome,
New York.
Cadet Jared Sainato, from
Chestertown.
Cadet Robert Schneider, from
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Kingston.
Cadet James Stout, from Albany.
Cadet Michelle Vargo, from Chemung.
Cadet Joshua West, from Cornwall.
And Cadet Laura Beth Wrzesinski,
from Cheektowaga.
(Applause.)
SENATOR LARKIN: You know, as the
Majority Leader stated, this is also a special
occasion for General Christman. General
Christman, who graduated in the class of 1965,
will retire on the 8th of June. He's the 55th
Superintendent of the United States Military
Academy.
If you look at his bio and his
career, you will find that he has served in
some of the most critical positions in the
armed forces. Proudly a member of Indianhead,
the Second Infantry Division, in Korea.
Proudly a member of the Screaming Eagles, the
101st Airborne, in Vietnam. He served in
Germany.
And because of the leadership that
he developed in all of these, he was selected
for assignment at the Pentagon. Some of us
6058
who've been there always called it the Puzzle
Palace. But he served, with distinction, the
Joint Chiefs of Staff. And he came home to a
school that he graduated from, and taught for
four years.
General Christman, we wish you the
best. You have been a superintendent of
outstanding qualities for us in the Hudson
Valley.
And when I say that, I think about
the cadets. A lot of people think that these
cadets go to school for four years, they get
up at 5:30 in the morning, with Father Wood's
blessing, and they go to bed at the night with
the bugle call. That's not so. That might
have been so when the superintendent was a
cadet, but in our communities today there's no
place in the Hudson Valley that you can see
where these cadets are not involved, whether
it's helping the young or the old, whether
it's in church, whether it's building
communities, whether it's repairing, whether
it's teaching.
No matter what it is, these cadets
at this stage of their life are part of our
6059
communities. They are part of our communities
because they've lived with duty, honor, and
country.
It won't be long when most of you
will be taking off and going to a new
assignment, your first assignment. Some of
you, like the First Captain, will go to
Benning, the home of the infantry. And then,
after Ranger training, he'll go on to the
Screaming Eagles, and then someplace after
another year.
But each and every one of these
will be looked at as leaders, not just of the
Army, but of leaders of the future of this
nation. Many of you will do a career, as
General Christman has. Many of you will do
your tour and get out, like some of the alumni
behind us. And you will go into government or
you will go into business, and you will be
marked, because the people that will look at
you will say, I can pick that individual -
that young man, that young woman -- because
they have a grounded education in basic
principles.
And each and every one of you shine
6060
to us. I'm very proud to have been associated
with you. Some of you I know, three are from
my own district. But the Long Gray Line will
never go away. The Long Gray Line will remind
each and every one of us of what you mean to
us.
We don't know where the next fray
that will cause you to go into battle. You
will lead men into harm's way, and they will
look to you to provide the guidance and make
sure that their life is safe, because they
know that you have a principle. That
principle is called duty, honor, and country.
Thank you, and God bless you.
(Applause.)
THE PRESIDENT: Senator Bonacic.
SENATOR BONACIC: Thank you,
Madam President.
THE PRESIDENT: You're welcome.
SENATOR BONACIC: Senator Larkin
is a tough act to follow.
I know there's a busy agenda today
for General Christman and the cadets. But I'd
just like to say, for any of my colleagues who
have never had an opportunity to go to West
6061
Point and visit that magnificent facility, you
should do so.
But the greatness of West Point is
not in its mortar and brick. It's the men and
women who have come through West Point and who
have committed their lives to serving our
country, protecting our families, and
preserving our freedoms. That's why the
United States is the greatest country in the
world.
And to you, General Christman, we
wish you and your bride continued good health
and success in your future endeavors, and we
thank you from the bottom of our hearts for
everything you have done. Thank you, General.
THE PRESIDENT: Senator Alesi.
SENATOR ALESI: Thank you, Madam
President.
This is a great day for all of us
when we have the annual opportunity to
recognize and welcome our men and women from
West Point and to reflect on how valuable
their dedication to our country is.
Today is the first time I've had
the personal privilege of welcoming one of my
6062
constituents, Charlie Lewis. When I met him,
however, I met several of his colleagues at
the same time. And I have to say that it was
probably one of the safest feelings I've ever
had in my life, because we were stuck on an
elevator riding up and down for about ten
minutes.
And I'd also have to say, as one
who pursues, usually fruitlessly, the comedic
arts, that it was very frustrating for me,
because at least for the first half of those
ten minutes they stood rigidly and politely at
attention. But I think I finally got through
to them.
I would like to also welcome Cory
Kwarta on behalf of Senator Nozzolio, and
thank all of you for joining us today.
And in recognizing my constituent,
I should also say that many of us who served
in the Assembly before coming here would
remember a great and noble lady who served in
the Assembly, Pinny Cook. My constituent,
Charlie Lewis, is her grandson. And the old
saying is true, I suppose. After visiting
with Charlie and recognizing what it takes to
6063
serve at West Point, that the apple doesn't
fall too far from the tree. I congratulate
you, Charlie, and all of your colleagues.
I would also like to say that the
Father, in his invocation, mentioned one line
that said "may our trust in You never fail."
Obviously, may our trust in God never fail.
And I would say, in thanking all of these
people -- and, General, especially wishing you
good luck -- may our trust in the United
States military never fail.
THE PRESIDENT: Senator Marchi.
SENATOR MARCHI: Madam President,
this is a very felicitous and happy occasion,
the 48th consecutive year that I've had the
opportunity to extend a hand of welcome to the
splendid people and what they represent in
terms of our lives in this country.
I just want to leave one important
message. You carry such an important signal
responsibility, and that's the preservation of
liberty on this planet. This is the center
point. You are the inspiration of this
responsibility. Carry it with the honor and
with the love and affection that comes from
6064
this body to those who are with you and come
after you, because that's how we feel about
you.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Thank you,
Madam President.
In my years here, this has been one
of those special days each year where we're
not Democrats or Republicans, but we come
together to pay honor and homage to
West Point. West Point has done so much for
our country. And particularly, today, to
honor General Christman in his last stint at
West Point.
And to show you how collegiality
works, I have a brother who was a West Point
graduate, class of 1961, who went on to serve
and became a major in the airborne infantry.
And lo and behold, he's on the majority side
today. Which disappoints me in some part -
(Laughter.)
SENATOR BRESLIN: -- but shows
our ability to come together. And come
together for such a good reason, that West
Point has meant to much so each of us
6065
individually, each of us in New York.
And we should be so proud that it
is in New York. But as Americans, we should
be doubly proud.
Thank you very much, Madam
President.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Thank you,
Madam President.
As always, this is a wonderful day.
And, General, congratulations. But
congratulations to all the cadets.
In our area, we're very, very proud
to have Jared Sainato here, from Chestertown,
and Dustin Plumadore, from Saranac Lake.
And, Madam President, if you would
allow me also to show just the depth and the
families that these great cadets come from, we
have, sitting with us in the gallery -- we
tried to have him come down on the floor
today, but he is very modest. But we have
Hayward "Red" Plumadore, who is a legend in
this state, who is a legend in Albany, who
served in the Assembly. As a matter of fact,
he was chairman of the Joint Legislative
6066
Committee on Physical Fitness, and also the
Legislative Committee on Boxing in the '60s,
Dustin's grandfather.
And his father is here, who is also
one who has taught the values that he
lessoned. He's the administrative judge in
the Fourth Judicial District.
This is a wonderful day. A
wonderful group of people. And Red a few
minutes ago said to me -- he's a bit younger
than I am, but he did say that he knows very
well that the river never rises higher than
its source. And of course that goes for all
the cadets. But we congratulate you all.
And, General, it's wonderful to
have you.
THE PRESIDENT: Senator
Stachowski.
SENATOR STACHOWSKI: Madam
President, I too would like to add my
congratulation to the General on a job well
done at West Point and wish him every success
in the future. I'd like to also welcome all
the cadets.
It's my pleasure today to have a
6067
cadet from Cheektowaga. And I know you're not
as familiar with Polish names as I am, Senator
Larkin, so I'll take a shot at it. And since
she anglicizes it for everybody at her West
Point Academy, I'm say it Laura Beth
Wrzesinski, but when her father went to the
same high school that I went to, a couple of
years behind me, all the priests called him
"Zhezhinsky." So that's really a quick little
Polish lesson.
(Laughter.)
SENATOR STACHOWSKI: It's not the
easiest language. Most people get afraid when
they see all the letters on the last names.
But they're not really that hard to say.
And the fact is that I'm tickled
pink to have someone not only from my district
but whose father I happen to know. And
fortunately for me, she didn't make me guess
if he was her father. She said, "You know, my
dad went to high school with you," so that
took me off the hook, because I was going to
ask her, because that name is not that common,
if it was in fact her father that had been
behind me in high school.
6068
So I'd like to, with that,
congratulate the General again, congratulate
all the cadets that are here, and in
particular welcome Cadet Laura Beth from my
district.
Thank you.
THE PRESIDENT: Senator Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
I too am pleased to welcome a
constituent here today, a fine young man who
hails from Oneida, New York, a graduate of
Oneida High School. Aaron Lykling is here
with the rest of his class, and his mother
lives in the city of Rome right now, so he
covers two counties, Oneida County and Madison
County, where he graduated from high school.
And just to keep the record
straight, I'll note that Aaron's major is
German, and I bet he could give us a good
lesson on a couple of subjects, and he's a
guten young man.
My own experience with this
particular day has been very touching over the
years. And I will speak for some of the women
6069
in this chamber and presume to speak for some
who came before us, because I remember when we
had no female cadets, and then one or two.
And very much to his credit, General Christman
has chosen to bring a larger number every year
of very fine young women.
He has demonstrated beyond any
shadow of a doubt that the United States
military now is prepared to recognize
leadership in both genders. Duty and honor
and country are found in the young women of
West Point as well as the young men.
And it makes us extremely proud to
be able to welcome all of you to this chamber
today.
THE PRESIDENT: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President.
THE PRESIDENT: You're welcome.
SENATOR HASSELL-THOMPSON:
Senator Hoffmann took a little of my thunder
in terms of my congratulations to the numbers
of women who are presently in the academy at
West Point.
6070
But I'd also first like to
congratulate and to give best wishes to
General Christman. Of all the years of
volunteerism and the things that I've ever
done, one of the things that has given me one
of the greatest pleasures was being a
recruiter and being on the Academy Review
Board for West Point several years ago.
And at that point, it was my job to
find good women to become a part of West
Point, and I felt very proud of the fact that
I was capable and able to do that. This
academy ranks among no other in the world.
And it gave me great pride then and
it gives me great pride today, in my first
Senate day here for West Point, to
congratulate all of you for your
accomplishment and your achievements. And you
make us feel very proud.
Thank you, Madam President.
THE PRESIDENT: Senator Ada
Smith.
SENATOR ADA SMITH: Thank you,
Madam President.
On behalf of Senator Olga Mendez,
6071
who couldn't be with us today, I would like to
welcome Cadet Ariel Frometa, who is from her
district, and to say how proud we all are of
the accomplishments of our cadets, and to wish
Godspeed to General Christman. And may he
enjoy the rest of his fruitful beginnings, I
shall say, as he goes into a new sphere.
To Cadet Frometa, may this just be
the beginning of your life. May you do great
things. And we expect them of you because you
have done great so far.
Thank you.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President.
We're having a little problem which
caused Senator Connor and a couple of members
not to be able to be in the chamber. But I
know he would want me to rise and congratulate
all of the cadets, and also to General
Christman for his 36 years of service.
These are the -- this is the class
that helped to fulfill a mission that has been
one that men and women, both the living and
the dead, have struggled unremittingly and
6072
courageously, to have a viable national force
that we could send all over the world, if need
be. The sun never sets on people from our
country who are around the world. In the past
few weeks, we found out how dangerous that
service could actually be.
And we're looking at some who have
volunteered themselves to put themselves in
harm's way and even to risk their lives, if
necessary, to fulfill that mission to bring
freedom and justice and equality and liberty
to all citizens in this country. So it is
certainly -- while we regale their efforts,
it's certainly a very serious type of work
that they do.
And it was also refreshing to hear
that at a time when we haven't had the
conflicts around the world and with the end of
the Cold War and the fall of the Iron Curtain,
that in many respects our forces, our military
has reapplied itself to some of the social
conditions in this country that we want to
fight, problems with youth and helping the
elderly and health care issues, where always
the military is involving itself to try and
6073
improve the quality of life for all of us.
So speaking for Senator Connor and
for all of the members, I know that we often
disagree in this chamber, but this is one time
we really can line up ourselves behind the
Gray Line and to support these young people
and these people who might not be so young but
have spent their lives in dedication to our
country.
THE PRESIDENT: Senator Lachman.
SENATOR LACHMAN: I would like to
echo something that Senator Marchi said a few
minutes ago in another way.
Very few people in America expect
the members of State Legislatures to reach
perfection. But almost all of Americans
expect the military to reach near-perfection.
And we have been blessed with a wonderful
military in this nation, a military that are
our representatives to all corners of the
earth, a military that abounds with the best
instincts, the best character traits, and the
best principles that this nation has to offer.
And a nation that stresses liberty
and freedom and justice for all is indicative
6074
of what you represent and the message that you
give to the people of the world from the
United States of America. It is wonderful
that we have here today three generations,
basically. We have cadets, we have officers,
and we have a man who has completed a
brilliant career, General Christman is going
on to another career, to represent the
principles that are the very best principles
of the United States of America throughout the
free world.
Thank you all.
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 Bruno.
SENATOR BRUNO: Madam President,
at the request of Senator Larkin, I would ask
that the resolution be opened to all members
in the chamber, other than those that might
6075
signify otherwise.
And, Madam President, I would ask
that we waive the rules of the chamber and
recognize General Christman.
THE PRESIDENT: Any member who
does not wish to be included on this
resolution, please notify the desk.
And at this time it is my privilege
as President of the Senate to offer the
General, Superintendent Christman, an
opportunity to speak this morning.
GENERAL CHRISTMAN: Senator
Bruno, members of this distinguished Senate,
I'm very honored. I'm very humbled by this
invitation to say a few words to you.
In looking at this body, standing
where I am now, I have a feeling how MacArthur
might have felt in 1951 when he addressed a
joint session of Congress and uttered those
famous words: Old soldiers never die, they
just fade away.
I don't intend to fade away. I'd
like to stay very active in support of this
country and in support of the principles that
you represent.
6076
Let me do, if I may, two very quick
things. One, to thank you very, very deeply
and personally for these honors, to me but
mostly to the cadets and to West Point. We
are the army of a democracy. Armies of
democracies don't involve themselves in
elected politics, in campaigns, in
presidential outcomes. We salute the outcome
and support the people's choice.
That outcome was determined during
the Ides of March in 1783 by George Washington
in this state, in Newburgh, New York. And
we've followed that tradition now for over two
centuries in support of the Constitution that
I in 1965 swore to protect and defend.
And that's the tradition that these
young people are following after me. And
there's no finer way to understand that
tradition than to come into chambers like this
to meet you, to hear you speak, and to
understand by your words and by your
representation here what a democracy means.
That's what armies are supposed to
do, to understand those principles and to
support them. But it takes a Senate like this
6077
be a leader like you, Senator Bruno, to bring
these principles to life. And as they've done
every year since I've been here as
superintendent, and now for half a century,
New York has done that so beautifully and so
wonderfully. And I appreciate that very, very
deeply.
And the last thing I want to do is
thank you for your service. We had Dr. Henry
Kissinger come to West Point last spring, last
year, to give the Thayer Award speech. And at
the end of that he said, in talking about the
Academy -- but it might apply equally to every
one of you -- Kissinger said, from an old
Roman saying, that the republic is great
because of its virtues and its heroes. That
was true then, Kissinger said, and it's true
today.
And in this Senate are those
virtues -- you personify them -- and seated in
front of me are those heroes of this republic.
And I thank you very deeply for your
commitment to public service, to this great
institution called West Point, and to our
country.
6078
God bless you and thank you very
much.
(Extended applause.)
THE PRESIDENT: Thank you,
General. On behalf of the Senate, and as
President of the Senate, I want to
congratulate you as well as the cadets for the
fine work that you're doing at West Point.
It's certainly a pivotal and a critical
responsibility for our entire country that you
have performed with excellence and an
exemplary manner over the years.
I now have the privilege of joining
you in the Red Room to present a proclamation.
So we appreciate the patience of the cadets,
and the attentiveness -- obviously well
trained -- in listening to the wonderful
tributes that have been given to you here this
morning.
Congratulations and best wishes to
you.
Senator Skelos.
SENATOR SKELOS: Thank you.
Madam President, there's a
privileged resolution at the desk by Senator
6079
Velella. May we have the title read and move
for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Velella, Legislative Resolution Number 1500,
honoring Marilyn Shulklapper upon the occasion
of her designation as recipient of the 2001
Volunteer of the Year Award by the Volunteer
Center on April 26, 2001.
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 SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: There's a
privileged resolution at the desk by Senator
Nozzolio. Could we have the title read and
move for its immediate adoption.
THE PRESIDENT: The Secretary
6080
will read.
THE SECRETARY: By Senator
Nozzolio, Legislative Resolution Number 1501,
celebrating the life and accomplishments of
Nicholas Santoro, distinguished citizen and
devoted member of his community.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: There's a
privileged resolution at the desk by Senator
Morahan. Could we have the title read and
move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Morahan, Legislative Resolution Number 1502,
honoring James J. Kelly upon the occasion of
6081
his designation for special recognition by
Dominican College on April 27, 2001.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT MEIER: We have
a motion.
Senator Libous.
SENATOR LIBOUS: Thank you, Mr.
President. On page 24, I offer the following
amendments to Calendar Number 197, Senate
Print Number 2533A, and ask that said bill
please retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and adopted, and the
6082
bill will retain its place on the Third
Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could go to the noncontroversial
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
17, by Senator Volker, Senate Print 210, an
act to amend the Criminal Procedure Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
94, by Senator Skelos, Senate Print 75, an act
to amend the Navigation Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
196, by Senator Seward, Senate Print 2131, an
act to amend the Town Law.
SENATOR PATERSON: Lay it aside.
6083
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
224, by Senator Goodman, Senate Print 723, an
act to amend the Transportation Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
263, by Senator Wright, Senate Print 2503A, an
act to amend the Public Housing Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
336, by Senator Maltese, Senate Print 193, an
act to amend the Executive Law.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
357, by Senator McGee, Senate Print 3560, an
6084
act to amend the General Municipal Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
386, by Senator Saland, Senate Print 3191, an
act to authorize.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
388, by Senator Volker, Senate Print 3308, an
act to amend Chapter 198.
SENATOR PATERSON: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Thank you, Mr.
President. If we could go to the
controversial calendar and start with Calendar
Number 336, by Senator Maltese.
ACTING PRESIDENT MEIER: The
6085
Secretary will read Calendar 336.
THE SECRETARY: Calendar Number
336, by Senator Maltese, Senate Print 193, an
act to amend the Executive Law, in relation to
the filing.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Maltese, an explanation has been requested of
Calendar 336 by Senator Paterson.
SENATOR MALTESE: Yes, Mr.
President. This bill is an act to amend the
Executive Law, in relation to the filing time
for crime victims' compensation. It is a bill
that extends the time for filing a claim where
the claimant had no knowledge of the
compensation program.
The bill would amend subdivision 2
of Section 625 of the Executive Law
specifically to enact the extension of time.
Right now the crime victims must
file compensation claims with the Crime
Victims Board in person or by mail no later
than one year after the occurrence of the
crime. The period may be extended now
indefinitely if the board feels that there
6086
exists good cause evidencing why a crime
victim did not file a claim within the period.
Presently a victim's lack of
knowledge about the compensation program does
not constitute good cause. The law fails to
protect those crime victims who, through no
fault of their own, have no knowledge of their
eligibility for an award.
The Crime Victims Board has
estimated annually that over 26,000 crime
victims in New York State have crime-related
medical bills or lost earnings and support and
may be eligible. Of these 26,000 victims, not
even half file claims with the board.
Basically the statutes presently in
existence provide that in police stations,
precinct houses, district attorney offices,
and emergency rooms of hospitals that the
pamphlets prepared by the Crime Victims Board
shall be available for crime victims.
As a practical matter, in places
like the City of New York, where the vast
majority of these crimes occur, the reality is
that the crime victim and the members of the
family where a death occurs have no actual
6087
knowledge that this Crime Victims Board exists
and that they may be available for benefits.
As a result, very, very few people apply.
The Crime Victims Board itself,
under the very able chairmanship of Joan
Cusack and the other Crime Victims Board
commissioners, do a fantastic job. They have,
especially in recent years, reached out to
crime victims as a result of newspaper
stories, as a result of radio and TV reports,
and actually called the victims within a day
or so right after the crime is committed. In
virtually all of those cases, the crime victim
was not aware of the benefits offered by the
Crime Victims Board.
What this seeks to do is mandate
that, rather than leave it to a situation
where if no good cause shall be shown the
crime victims then would have only within that
year to apply, this indicates that the crime
victims commissioners, in the exercise of
their discretion, can grant an award even
where, in strict legal terminology, no good
cause would be shown.
ACTING PRESIDENT MEIER: Senator
6088
Paterson.
SENATOR PATERSON: Mr. President,
this was a fine explanation, because I had
about six or seven questions, and Senator
Maltese -
ACTING PRESIDENT MEIER: Senator
Maltese, do you yield for a question?
SENATOR MALTESE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Well, Senator
Maltese actually answered most of them.
I don't have any problem with the
extension of the time period. But as usually
in these type situations where we're trying to
extend a time period, there's some other party
in the proceeding whose interests or rights
might be hurt. But here I just don't see
anything wrong with extending the time period.
I'm just a little concerned about how we
actually do it.
And my question, Mr. President, is
how do we get someone to prove that they did
not know something? It's like trying to prove
a negative, Senator.
6089
SENATOR MALTESE: Mr. President,
I think the good Senator has identified part
of the problem.
What we have here is a situation
where we're trying to empower the board to do
what they do now. In virtually every case,
the applicant or the member of the family
where the family is deceased or incapacitated
or a minor, comes forward and indicates they
were not aware of the Crime Victims Board and
the ability to claim an award.
And as a practical matter, it's the
discretion of the commissioners. And the
commissioners, on a statement being made
reciting, for instance, the elements of
elements of the crime, the fact perhaps that
no member of the family was present at the
police station or present at the hospital
emergency room -- in other words, the board
itself is very lenient in extending the
benefits of the award to crime victims and
members of their family.
SENATOR PATERSON: Mr. President,
if Senator Maltese would continue to yield.
ACTING PRESIDENT MEIER: Senator
6090
Maltese, do you yield?
SENATOR MALTESE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: I guess, Mr.
President, the problem is that when we first
started paying more attention to the victims
of crimes and we set up these boards and we
set certain perimeters of standards for how
compensation might be achieved, we really
didn't think about the fact that the victims
would not be aware of what opportunities they
would actually have.
My question is, to Senator Maltese,
when we did set the boards up, we did,
however, grant the board to extend the time.
And I was wondering, what were the issues that
met that threshold that we were willing to
give the victims more time to apply?
SENATOR MALTESE: Well, Mr.
President, I believe it's not set forth in the
statute. I believe it's entirely within the
discretion of the board.
And I think this board, unlike
perhaps other judicial boards in other areas
6091
of state or federal or municipal law, is a
board that relies not only on the law but on
good common sense. And as a result, they find
themselves in first of all the unenviable
position that almost no claims are made.
You have a situation where, in
1998, you had total state felony indictments
of almost 63,000, and yet in that same year
only 18,496 claims were made. In all of that
year, which is the last year we have complete
figures for, in a state with a vast
multi-billion-dollar budget, only $18 million
was granted by the board within the parameters
of the awards as set forth by their rules and
regulations.
So as a result, they do have
discretion. It's just that there may be that
unfortunate situation where the claimant or a
member of the family may, in a desire to be
absolutely candid and honest, indicate that
they were aware of the rules and regulations
and then come forward with no good reason and
simply state that they had no good reason for
not applying within the period of time.
So what we're seeking to do in this
6092
case is reward honesty and candor and give an
award even where, in the judgment of the
commissioners, an award should be made as far
as equity and justice, so that equity and
justice could be served.
SENATOR PATERSON: Mr. President,
I think what I'll do is I'll just speak on the
bill. And if -
ACTING PRESIDENT MEIER: Senator
Paterson, on the bill.
SENATOR PATERSON: And if Senator
Maltese wants to comment on this, I'd welcome
his point of view.
But, you see, I don't think we need
the law to -- that we don't have to pass this
law to change the circumstances.
Now, what I do think is that there
are times when as lawmakers we are making a
law to influence a policy or to send a message
more than in the law we have to make this
change. Because I think on common sense right
now, since the board can grant extra time,
they should just go ahead and do it.
But I think what the board may be
really saying to us is, We need more
6093
information that we can transfer to the
public. So just the act of passing this law,
even though it just empowers them to do what
they can do right now, is going to be
something that will help to publicize.
Because often it's as important to publicize
as it is to actually legislate.
The fact is that victims who would
seemingly be interested in this compensation
aren't doing it because they don't know about
it, and our act today would hopefully help to
make people who have already been victimized
by perpetrators not to be victimized again by
our inability to inform them of rights that
they may actually have or privileges that they
may actually have.
So I can vote for the bill with
just the understanding that this board
probably has the power to do this, but what
they really need is to have their message
heard.
SENATOR HEVESI: Mr. President.
ACTING PRESIDENT MEIER: Senator
Hevesi.
SENATOR HEVESI: Thank you, Mr.
6094
President. Would the sponsor yield?
SENATOR MALTESE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you.
Through you, Mr. President, in
listening to this discussion, an obvious
question comes to mind. It may be a strange
question, but I'll put it to the sponsor
nonetheless.
Why is it that there exists a time
limit for victims to file for claims when our
purpose here, our overriding purpose is to
compensate these individuals? Is there some
practical consideration which, after a
protracted period of time, would preclude the
board from making a rational judgment as to
whether they're deserving or not? Why do we
have a time limit at all?
SENATOR MALTESE: Mr. President,
Senator Hevesi has come up with a question
that is very appropriate.
The problem, I think, is one of
application. Here we have a law which, while
in some cases limits the awards, there is no
6095
cap on medical expenses. And since you could
very well have, in this day and age, medical
expenses that could amount to literally in
some cases even millions of dollars, but
certainly in the hundreds of thousands, what
this seeks to do is at least put some type
of -- what the original law seeks to do is put
some type of limitation.
We've inquired as to whether or not
there should be even this one-year limitation.
And as a matter of fact, as a result of our
inquiries, and following along with what
Senator Paterson has indicated as far as
knowledge, Chairwoman Cusack has indicated
that she intends on working more closely with
this legislative body and the Assembly as far
as further, within the parameters of the law,
publicizing the benefits available from the
Crime Victims Board.
So I guess that's a long way around
to answering the question, that there may be
some governmental reason as far as a budgetary
reason to set some sort of a limit, only
because the amount of medical expenses that
could be reimbursed has no limit. So as far
6096
as a budgetary reason, I suppose that's the
reason for the time limit.
And in a way, also, I guess it's an
answer to some of us that may be
procrastinators in this world -- and there are
a lot of us. For instance, in the last year,
some 2,000 people, 2,000 claimants filed late
for the benefits from the Crime Victims Board.
That would be after the year. Fortunately, in
the exercise of the discretion of the
commissioners operating under the good cause
shown, they granted all but 15 claims.
SENATOR HEVESI: Thank you, Mr.
President. Would the sponsor yield to an
additional question?
ACTING PRESIDENT MEIER: Senator,
do you continue to yield?
SENATOR MALTESE: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR HEVESI: Thank you.
Through you, Mr. President, if the
sponsor could just indicate whether or not
there's any kind of legal requirement for
those individuals or entities who would
6097
obviously come into contact with crime victims
to in fact notify them -- police officials,
emergency room officials. Do they currently
have a legal requirement to make the
notification?
SENATOR MALTESE: Mr. President,
did I understand a requirement on the part of
the police?
SENATOR HEVESI: The question is,
is there a requirement on the part of those
individuals or entities who would naturally
come into contact with crime victims to in
fact notify them of the existence of the Crime
Victims Board?
SENATOR MALTESE: Mr. President,
yes, there is. There's a requirement, and the
requirement is set forth right in the statute,
as it requires not only police departments,
precinct houses -- and it even goes further,
while not very precise, as any appropriate
place where crimes may be reported, as well as
hospital emergency rooms. So they all have
the requirement.
The problem is one of practicality.
It is not something that every day the members
6098
of the police department or members of the
Crime Victims Board, which is severely
understaffed, can go out and make sure that
all precinct houses and all hospital emergency
rooms and so on have the appropriate posters.
They do, as a practical matter,
visit many police stations and many officers
throughout the state to make sure that they're
aware of the law. And they have a program
that circulates posters and mails out posters.
But especially in emergency rooms,
you have a situation that the nature of the
beast, the fact that emergency rooms are
ordinarily so hectic and staff changes from
time to time, allocating the responsibility to
put up posters is tough to do. And as a
result, many of these victims do not have even
the opportunity to be aware of the program
because the posters are not there and the
pamphlets are not there.
But the responsibility exists, and
it is on the police and the emergency room
personnel.
SENATOR HEVESI: Thank you.
Mr. President, on the bill.
6099
ACTING PRESIDENT MEIER: Senator
Hevesi, on the bill.
SENATOR HEVESI: Very briefly,
Mr. President. I support this legislation. I
commend the sponsor for bringing it to us
today.
If the language of the law which
requires the entities coming into contact with
victims simply requires them to put up posters
in a police precinct or a hospital, I would
suggest that that's probably inadequate. And
the proof of that are the statistics that
Senator Maltese has shown us today, where the
reason why we need this legislation is because
there are a great many crime victims who
aren't even aware of the program. So the
current methods aren't working.
So, number one, I would probably
suggest that we take a look at tightening that
up so that there has to be a direct,
one-on-one human interface where crime victims
are apprised of this program and informed as
to how to go about making a claim.
The second issue, and I think it's
an important one, is if the one-year time
6100
limit that we are seeking to give the Crime
Victims Board permission to extend now is in
place to cap the amount of money that crime
victims receive, I think that's just wrong. I
don't understand why that's -- why that should
be our purpose.
I was kind of expecting to hear an
answer that it becomes much too difficult
after an extended period of time to establish
that an individual is eligible for benefits.
If that's not the case -- and I
understand that there may be no caps on the
monetary damages. And we may want to look
into doing that, we may not. But to simply
say after a year you can't file a claim
anymore unless there are special case
circumstances, maybe as provided for in the
legislation we're doing right now, I think
that kind of defeats what our purpose here is,
which is to provide some compensation for
individuals who have been victimized.
And if that's the case right now,
this legislation seeks to address a problem
that we should probably be addressing in a
much broader scope, which is let's do an
6101
economic analysis of how much it would cost,
do that assessment, and come up with the
funding if we deem it necessary as a
Legislature to provide adequate funding for
any crime victim if they can establish that
they're eligible for the benefits that we have
laid out for them.
I think that's the appropriate
thing to do. Because if somebody two or three
years after they've been victimized finds out
that they are eligible, notwithstanding the
passage, potential passage and signing into
law of this legislation, we're denying them
claims, benefit money, simply because we want
to hold the costs down. And that's wrong.
So I would suggest to the sponsor
and everybody else that we take a serious look
into doing that.
Notwithstanding that, I don't want
to preclude anybody from recovering funds
after the one year, so I'll support this
legislation.
ACTING PRESIDENT MEIER: Any
other member wish to be heard on this bill?
Debate is closed.
6102
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Dollinger, to explain his vote.
SENATOR DOLLINGER: Just very
briefly, Mr. President.
I would advise Senator Maltese this
is the most dangerous bill and concept that
we're going to do this year. Because what
that bill says is that if you don't know you
have a claim, you get to extend the statute of
limitations.
I would tell you, Senator Maltese,
that the reason why that's so dangerous is
because the notion that not knowing you have a
claim as the basis for extending the statute
of limitations will make all of our statute of
limitations in our civil law system pretty
much meaningless.
And I would suggest that -- I'm
going to vote in favor of this bill, because I
6103
think we ought to do it for crime victims.
But I would suggest that the better way to do
it would be just extend the statute of
limitations for a period of up to three years.
The problem with this bill,
Senator -- and I support it. If you want to
waive the statute of limitations, which we
have hundreds of in this state, because people
don't know they've got claims, I would suggest
that that's a radical change in our system of
civil justice.
And although the trend is starting
here, I would just suggest that before we go
too far down the road, if we're going to make
that kind of fundamental change by saying one
year -- but oh, by the way, if you didn't
know, we'll give you an unlimited amount of
time, that is a radical departure from what we
usually do in this state.
I would suggest if you get to a
conference committee, just extend the statute
of limitations, make it three years whether
they knew or not. That should be plenty of
type. I'll vote aye under those
circumstances, Mr. President.
6104
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the affirmative.
Announce the results.
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 386,
by Senator Saland.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 386.
THE SECRETARY: Calendar Number
386, by Senator Saland, Senate Print 3191, an
act to authorize the City School District of
the City of Poughkeepsie.
SENATOR DOLLINGER: Explanation,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Saland, an explanation has been requested of
Calendar 386.
SENATOR SALAND: Thank you, Mr.
President.
This is a local bill introduced on
behalf of the City of Poughkeepsie School
6105
District, the purpose of which is to correct
information which was filed back in 1993, the
purpose of which is to determine the
district's age facility index. There are
errors in that information.
What this would enable the school
district to do would be to file corrected
information, the net result of which would be
that they would be eligible for some
additional $24,000 in minor maintenance and
repair aid.
ACTING PRESIDENT MEIER: Senator
Stavisky.
SENATOR STAVISKY: I have some
questions, if the sponsor would yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you yield for a question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: When was this
error discovered? Through you, Mr. President.
SENATOR SALAND: This error was
discovered a couple of years ago. It became
6106
relevant with the advent of minor maintenance
and repair aid.
And there's some question as to who
is responsible for the error, whether it was
SED or whether it was the local district. The
bottom line is at that point -- at this point
it's irrelevant as to whom was responsible,
we're just trying to correct by enabling them
to refile.
We've passed this bill twice in the
Senate since the discovery of the error.
Unfortunately, there's been no action in the
Assembly. I'm encouraged to believe that that
will be corrected this year.
SENATOR STAVISKY: Mr. President,
if the sponsor will continue to yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: Has the
building aid, the repair aid that we've been
talking about, been calculated? And I see
6107
through your memo that the figure is $24,000.
Is this aid, this $24,000 in aid, for each
year since 1993?
SENATOR SALAND: No, that aid
cannot be retroactive. It's only for the
current year. So were this to pass both
houses and be signed by the Governor, they
would be eligible for this particular school
year.
SENATOR STAVISKY: Mr. President,
if the sponsor will continue to yield.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: Have there
been any other school districts with a similar
situation that you're aware of?
SENATOR SALAND: I'm sorry, I
don't have the answer to that question,
Senator Stavisky.
SENATOR STAVISKY: Will the
sponsor continue to yield?
6108
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: The Assembly
has had two chances to take up this bill. Why
have they not passed it?
SENATOR SALAND: I wish I could
give you the answer to that question.
It's not a particularly costly
bill. It would seem to be equitable in what
it's attempting to do. We have reason to
believe that the failure to act in the two
preceding years will not mar their better
judgment in this year.
SENATOR STAVISKY: So we don't
know if this has happened in other school
districts.
One last question, Mr. President.
ACTING PRESIDENT MEIER: Senator
Saland, do you continue to yield?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
6109
SENATOR STAVISKY: Can you
describe the nature of the error?
SENATOR SALAND: Well, what -- I
can't describe the nature of the error,
Senator Stavisky. What I've been told is that
the school district maintains that they are -
they're blameless, that in fact it was some
calculation that was done in the State
Department of Education that presented this
problem or presents this problem to them.
We're not about to try and do any
kind of investigation as to who may be at
fault. We acknowledge the fact that there was
an error. I believe both SED and the City of
Poughkeepsie School District acknowledge that
fact.
And we're merely trying to take
corrective action that will secure some
additional funding for them and I think be the
appropriate and just response to their
problem.
SENATOR STAVISKY: Mr. President,
that last response brings up another question
that I think ought to be addressed.
ACTING PRESIDENT MEIER: Senator
6110
Saland, do you yield to another question?
SENATOR SALAND: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR STAVISKY: Was this an
error in calculation or in the submission of
data by the City School District of
Poughkeepsie?
Shall I repeat my question?
SENATOR SALAND: Well, let me see
if I can go back to your prior question. And
I'm not sure what your current question is,
but it may perhaps address it.
My ever-capable staff has just
advised me that apparently the reason for the
error was that SED claimed that they did not
receive information with regard to two of the
schools that comprise the school district of
the City of Poughkeepsie. The City of
Poughkeepsie maintained that they had sent
that information to them and, had they had it,
their rate would have been calculated
appropriately.
I don't know if that responds -- I
6111
think it may respond to your prior question.
Whether it responds to this one also, I don't
know.
SENATOR STAVISKY: It answers
both questions.
And I thank Senator Saland for his
comments.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Just briefly
on the bill, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: I appreciate
Senator Saland's advocacy for this. I'm
always astounded, I guess, that we talk about
accountability in education. It appears as
though we can't fix the accountability between
SED and the school district for who made what
error.
I always find it astounding, I
guess, that accountability is such a huge
issue in education and we've got this little
building sitting across the street and
obviously a fine school district and we can't
6112
figure out who is accountable for this minor
mistake that only affects $24,000, much less,
as you know, we face enormous accountability
questions in our education system and we can't
seem to pinpoint where that accountability
lies.
Senator Saland, I'm going to vote
in favor of this bill, as I believe I have in
the past. And I would just urge you to
consider the possibility that we send a
message to our colleagues in the Assembly, a
message from this house, a formal message -
which we've never done. We don't use that
process. But let's send a message to the
Assembly that this bill should not fail to get
to the floor simply because Mr. Kirwan is the
sponsor in the other house.
That's what's happening. My guess
is that there's no other reason other than
it's a Republican who happens to be on the
bill. And it seems to me that's an outrageous
thing to happen in the Assembly. It's equally
outrageous when it happens here.
And I would just encourage us,
let's start to put that issue right on the
6113
table so that what appears to be a simple
mistake -- we've got lots of money in the
State Education Department, we can afford to
correct this mistake for $24,000. Let's do it
in the other house. Let's tell the other
house to do this bill.
And I would suggest that when the
other house does do it, that we should do the
same thing here. That there shouldn't be
bills that languish for these kinds of
changes -- I'll call the other house. Let's
send them a message.
But I think that that's what we
ought to do, is send a formal message -- and,
Senator Saland, if you want to put it on the
floor, I'll vote in favor of it -- that we
send a message to the Assembly that says, This
bill ought to be done.
There's way too much of that where,
frankly, colleagues in this house,
Republicans, put together bills and they don't
pass the Democratic Assembly, Democrats in
this house put together bills that don't pass
the Senate. Frankly, it is partisanship to
the hilt. But it does a huge disservice to
6114
million of New Yorkers. In this case, it does
a $24,000 disservice to the people who reside
in the City of Poughkeepsie School District.
I will never understand it. I
don't countenance it when it happens here.
And if the fault lies in the other house,
those laggards over there ought to get off
their duff and pass this bill, Mr. President.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Senator McGee's bill,
Calendar Number 357.
ACTING PRESIDENT MEIER: The
6115
Secretary will read Calendar 357.
THE SECRETARY: Calendar Number
357, by Senator McGee, Senate Print 3560, an
act to amend the General Municipal Law, in
relation to enhancing the use of mediation.
SENATOR DOLLINGER: Explanation,
Mr. President.
ACTING PRESIDENT MEIER: Senator
McGee, an explanation has been requested by
Senator Dollinger for Calendar 357.
SENATOR McGEE: Thank you very
much, Mr. President.
Yes, this bill would allow -- give
an option to municipalities to use the
mediation in any kind of resolution of a
municipal planning and zoning dispute. It's
less costly in many occasions to the
individuals who are involved in the dispute.
It's a method of keeping, if you will, things
out of court, not clogging the courts, but
also an ability for the municipalities to sit
down along with the individual who has the
question on the zoning problem.
So it's a win-win situation. It's
an option. It's not a mandated bill.
6116
SENATOR DOLLINGER: Mr.
President, if the sponsor will yield.
ACTING PRESIDENT MEIER: Senator
McGee, do you yield for a question?
SENATOR McGEE: Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Just for
clarification -- through you, Mr. President -
when does the mediation process kick in? This
is in a whole panoply of potential disputes
involving zoning issues and rezonings and
planning board decisions. And I know -- I
think this is a good bill from many
perspectives. But just explain to me how it
kicks in, what triggers the effort to
mediation.
SENATOR McGEE: When the
municipality feels that they're at a point
where they're either going to go to court or
they can solve this without any kind of court
case, then they can move into the mediation
dispute settlement at that point.
Now, I would also point out that
the solution or the understanding or agreement
6117
that's come to with the mediation process is
not a binding one on the municipality. It's
agreed upon. It's actually where two people,
two entities sit down and talk, come to a
mutual agreement on a dispute.
SENATOR DOLLINGER: Through you,
Mr. President, if the sponsor will yield just
for one other question.
ACTING PRESIDENT MEIER: Senator
McGee, do you yield?
SENATOR McGEE: Certainly.
Certainly.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: I believe
there's a reference in the bill memo to the
experience in other states. Could you just
briefly recount other states that have
utilized alternative dispute resolution
mechanisms during their zoning process? Is
there any sense of any great success or -
SENATOR McGEE: Absolutely.
There is a sense of dispute mediation success.
And I would also say that this same process is
being used in many areas right now in the
6118
dispute -- being able to settle in small
claims court. Rather than going to small
claims court, they use a mediation dispute
resolution, and that has worked there.
So I think that this is a good
example of neighbors being able to sit down
and talk to each over and solving a problem
rather than going into the expense of a court
case.
SENATOR DOLLINGER: Thank you,
Mr. President. Just briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Dollinger, on the bill.
SENATOR DOLLINGER: There's that
old line, Mr. President, from Robert Frost
about good fences making good neighbors. One
of I think Senator McGee's conclusions is that
in this case the good fences, the disputes
that we have between neighbors over zoning
issues, the critical questions of what
communities are going to look like, oftentimes
do arouse a great deal of agitation.
And it seems to me that the
alternative dispute mechanism as a way to
avoid litigation, to avoid community groups
6119
having to sue to overturn decisions by zoning
boards or planning boards or conservation
districts, all of those things, I think that
having the option of an alternative means of
discussion and mediation is eminently
reasonable.
It would go a long way to making
better neighbors out of people who are both
current neighbors and future neighbors.
Because, as I know the sponsor knows, many of
these involve housing developments that
eventually are incorporated into our
communities.
So I think this is a good bill.
And, Senator McGee, I want to commend you as
well because there are two Democratic sponsors
of this measure, and I applaud your including
them in that. I know that both Senator
Stachowski and Senator Breslin appreciate that
courtesy. It is one that, of course, I'm
hoping will become the norm rather than the
exception. And I commend you for it.
ACTING PRESIDENT MEIER: Senator
Sampson.
SENATOR SAMPSON: Yes, Mr.
6120
President. Will the sponsor yield for a
couple of questions?
ACTING PRESIDENT MEIER: Senator
McGee, do you yield for a question?
SENATOR McGEE: I certainly do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SAMPSON: Through you,
Mr. President, how will this -- once the
decision for mediation has been met, if one
breaches it, how do we enforce the decision
that was made in the mediation session?
SENATOR McGEE: Through you, Mr.
President, there really is it not what one
would call an enforcement part of this. It's
an agreement. It would be an agreement on
both sides. So when the two parties agree,
there's really not a reason for enforcement.
SENATOR SAMPSON: Through you,
Mr. President.
ACTING PRESIDENT MEIER: Senator
McGee, do you continue to yield?
SENATOR McGEE: Yes, I will.
Thank you.
ACTING PRESIDENT MEIER: The
6121
sponsor yields.
SENATOR SAMPSON: Even though
they agree, but suppose one of the parties
breached this agreement. Then what happens
next if one of the parties breached the
agreement?
SENATOR McGEE: Breached the
agreement?
SENATOR SAMPSON: Yes.
SENATOR McGEE: Then I would
suspect, quite honestly, that they would
have -- at that point they would have -- if
there was an agreement that was reached, they
would have already gone through the voluntary
mediation, dispute resolution settlement. If
they in fact came to an agreement and one of
the parties then backed out of it, I would
suspect that they would probably go to court
in that case.
SENATOR SAMPSON: Oh, so that's
still left open?
SENATOR McGEE: Well, if there's
an agreement, then you assume that the dispute
is settled. If there's an disagreement, then
you aren't going to be able to use the
6122
mediation. If they can't come to an
agreement, then they would naturally go to
court, I would assume.
SENATOR SAMPSON: Okay. Thank
you.
ACTING PRESIDENT MEIER: Any
other member wish to be heard?
Debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect 180 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 224,
by Senator Goodman.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 224.
THE SECRETARY: Calendar Number
224, by Senator Goodman, Senate Print 723, an
6123
act to amend the Transportation Law, in
relation to increasing penalties.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Goodman, an explanation has been requested.
SENATOR GOODMAN: Mr. President,
once upon a time there was a man named Roy
Goodman who had some furniture that needed to
be moved from one apartment to another. He
hired a mover and got an estimate for the job.
And when the job had been completed, he was
presented with a bill that was five times
greater than the original estimate.
Upon discussing this matter
rationally with the mover, at least I thought
rationally, I was informed that if I didn't
like the new charge, they would simply keep my
materials, all of my household goods on their
truck and not return them until we reached an
agreement.
This, needless to say, caused me a
certain amount of grief, as a result of which,
as chairman of the Senate Investigations
Committee, I decided it would be useful to
look into the practices of the moving
6124
industry. That, in turn, gave rise to the
preparation of a copious report, which was
prepared in early 1993, and which was issued
for the purpose of exposing the abuses of the
moving industry.
Such abuses are very substantial,
and the bill before us is designed to help
curb them. The kinds of abuses which are
involved would, for example, involve the
low-balling of estimates of the type that I
just described to you. The customers may have
furniture or personal effects damaged,
misplaced, or simply stolen.
The customer may have the need for
insurance in the event of damaged merchandise
or damaged personal effects. And in that
event, there's often no proper insurance
clause in the arrangements with the mover or,
if there is, the insurance company can't be
located.
So over and over again, my office
has received complaints with regard to this.
And for the five last years, the Senate has
passed this bill and it has failed to pass in
the Assembly. Regrettably, there's no
6125
rational reason given for this failure. And I
think the time has finally come for us to
prepare an adequate protection -- to arrange
an adequate protection for consumers so that
they not be repeatedly be cheated by movers
who are unlicensed.
This bill specifically relates to
unlicensed movers, and it declares that if a
mover is unlicensed, has not complied with the
appropriate registration procedures, that
penalties will become increasingly severe, in
arranging for punishment.
I think it's imperative that the
bill be passed. And also, we're going to
apply special, frankly, pressure on the
Assembly to recognize the need for this.
There can be no excuse for further delay of
this very significant consumer protection.
And, Mr. President, let me just
outline to you the penalty structure which
would then be in effect. It would involve
substantial fines in the amounts of several
thousands of dollars.
And I may add one interesting fact
to this. I've just received a summary of a
6126
number of complaints that have occurred since
the issuance of our report. I'm happy to say
that the report itself did have some deterrent
quality, but unfortunately not nearly as much
as the passage of a law will have. Therefore,
I urge the house to act on this promptly and
well.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Lachman.
SENATOR LACHMAN: Mr. President,
through you, will the Senator yield?
ACTING PRESIDENT MEIER: Senator
Goodman, do you yield?
SENATOR GOODMAN: Yes, I will.
Glad to, Senator.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LACHMAN: Senator
Goodman, what is the current maximum civil
penalty for unlicensed movers of household
goods?
SENATOR GOODMAN: There is no
specific civil penalty, unfortunately,
Senator.
6127
SENATOR LACHMAN: There is no
civil penalty at this point.
Now, according to the sponsor
memorandum, which I might have misread, under
existing law there are no minimal penalties
for unlicensed movers of household goods. Yet
I believe that under Chapter 444 of the Laws
of 1992, did not the Legislature establish
minimum penalties for unlicensed movers of
household goods?
SENATOR GOODMAN: Would you mind
repeating your citation again, Senator? I'm
sorry, I didn't catch it.
SENATOR LACHMAN: Chapter 444.
SENATOR GOODMAN: Of what year?
SENATOR LACHMAN: I believe it
was 1992.
SENATOR GOODMAN: I'm sorry to
say, Senator, I cannot respond to that at this
point. But I assure you that since this -
you said it was November of '92?
SENATOR LACHMAN: No, I said -- I
don't know what month. I wasn't here then.
SENATOR GOODMAN: Because this
report that I referred to was written after
6128
the date that you cited. And at that time,
there was no penalty on the books that we're
aware of.
SENATOR LACHMAN: Perhaps we can
discuss this further -
SENATOR GOODMAN: I'll be glad
to.
SENATOR LACHMAN: -- and get to
that response.
SENATOR GOODMAN: In any event,
was there some point that you were trying to
make about that? I'd be happy to respond.
Was there some purpose to the question beyond
the -
SENATOR LACHMAN: Yes, it leads
into another question as well.
Through you, Mr. President, will
the Senator continue to yield?
ACTING PRESIDENT MEIER: Senator
Goodman, do you continue to yield?
SENATOR GOODMAN: Mr. President,
I do.
May I just say that it seems to me
that we've now adopted a new practice in this
house every time someone asks a question of
6129
saying through you, Mr. President. Although I
think you're a hardy fellow, I don't see why
everything should have to pass through you in
any physical sense. So maybe we could
dispense with that superfluous piece of
language and move things along a little more
expeditiously.
SENATOR LACHMAN: I was thinking
in the spiritual sense, Mr. President, rather
than -
SENATOR GOODMAN: I'm not asking
for a ruling, but obviously the rules of the
house -
ACTING PRESIDENT MEIER: I have
no idea what they mean by that. But I'm not
physically wounded, in any event.
Senator Lachman, I think Senator
Goodman yields.
SENATOR LACHMAN: Okay. Thank
you both, gentlemen, Mr. President and Senator
Goodman.
SENATOR GOODMAN: Through you,
Mr. President, I yield.
(Laughter.)
SENATOR LACHMAN: In 1993 I
6130
believe that the State Legislature gave to the
Commissioner of the Department of Motor
Vehicles the authority to deny a registration
of renewal of the same vehicle under any
applicant's name who was convicted of being an
unlicensed mover of household goods. Would
you know what the procedure is at this point
for this type of suspension?
SENATOR GOODMAN: I would not
offhand know what the motor vehicle aspects of
this were, Senator. I'd be glad to try to
find out and advise you of it.
Was there again some thought you
had in connection with this bill?
SENATOR LACHMAN: Yes. Not
through you, Mr. President, but Senator
Goodman -
ACTING PRESIDENT MEIER: Senator
Goodman, do you yield?
SENATOR GOODMAN: Yes, I'll be
glad to.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR LACHMAN: Well, on the
bill itself.
6131
ACTING PRESIDENT MEIER: Senator
Lachman, on the bill.
SENATOR LACHMAN: Yes. I'm sure
that our offices will be in coordination
regarding some of the questions that I had
asked. But I do think, Senator Goodman, it is
an excellent bill. It is long overdue. Last
year it passed this house by a vote of 59 to
zero. Unfortunately, it is another example of
a bill that has not gone through the Assembly.
I commend you for this bill. Even
though some of my questions weren't completely
answered, I hope they will be in the near
future. And I do hope that the Assembly sees
the wisdom that this should not be a one-house
bill but a two-house bill and that it will be
signed into legislation.
Thank you.
ACTING PRESIDENT MEIER: Any
other member wish to be heard on the bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
6132
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Will you call up Calendar 196,
Senate Bill 2131, by Senator Seward.
ACTING PRESIDENT MEIER: The
Secretary will read -
SENATOR MORAHAN: I'm sorry, I
stand corrected. Please call up Calendar 263,
Senate Bill 2503A, by Senator Wright.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 263.
THE SECRETARY: Calendar Number
263, by Senator Wright, Senate Print 2503A, an
act to amend the Public Housing Law, in
relation to increasing.
SENATOR DOLLINGER: Explanation,
please, Mr. President.
ACTING PRESIDENT MEIER: Senator
Wright, an explanation has been requested by
6133
Senator Dollinger.
SENATOR WRIGHT: Thank you, Mr.
President. Through you, the bill before us
amends the Public Housing Law as it relates to
the Village of West Carthage Housing Authority
changing the membership of the board of
directors from five to seven.
ACTING PRESIDENT MEIER: Senator
Sampson.
SENATOR SAMPSON: Through you,
Mr. President, will the sponsor yield for some
questions?
ACTING PRESIDENT MEIER: Senator
Wright, do you yield for a question?
SENATOR WRIGHT: I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SAMPSON: Through you,
Mr. President, will the new members be public
housing residents or residents from the area?
SENATOR WRIGHT: They will be
residents of the housing area.
SENATOR SAMPSON: And through
you, Mr. President, if the sponsor will
continue to yield.
6134
ACTING PRESIDENT MEIER: Senator
Wright, do you continue to yield?
SENATOR WRIGHT: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SAMPSON: The five
existing appointments, are they residents of
the development or from within the community?
SENATOR WRIGHT: They are from
the community as opposed to the development
per se.
SENATOR SAMPSON: And through
you, Mr. President, if the sponsor will
continue to yield.
ACTING PRESIDENT MEIER: Senator
Wright, do you continue to yield?
SENATOR WRIGHT: I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SAMPSON: What criteria,
if any, did the mayor use or the elected
official use in appointing those members from
the community to sit on this board that
represents this public housing area?
SENATOR WRIGHT: I'm not familiar
6135
with the criteria the mayor used for his
designations.
SENATOR SAMPSON: Okay. And
through you, Mr. President, one last question
for the sponsor.
ACTING PRESIDENT MEIER: Senator
Wright, do you yield for another question?
SENATOR WRIGHT: Yes, Senator
Sampson.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR SAMPSON: And will the
board of directors reflect in the future more
than just one member of the public housing -
a public housing resident on the board?
SENATOR WRIGHT: That I can't
answer. Those appointments certainly would be
left to the mayor.
But the appointments to date have
conformed with both federal and state
regulations as it relates to housing
appointments, and I'm sure that will continue
to be the case.
SENATOR SAMPSON: Thank you very
much.
6136
SENATOR WRIGHT: Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Hearing none, the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Will you call up Calendar 17,
Senate Bill 210, by Senator Volker.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 17.
THE SECRETARY: Calendar Number
17, by Senator Volker, Senate Print 210, an
act to amend the Criminal Procedure Law, in
relation to fingerprinting.
SENATOR DOLLINGER: Explanation,
Mr. President.
6137
SENATOR MORAHAN: Mr. President,
Senator Volker will be in in a moment. So if
you'll just bear with us until he arrives.
Thank you.
ACTING PRESIDENT MEIER: Senator
Volker, Senator Dollinger has requested an
explanation of Calendar 17.
SENATOR VOLKER: Mr. President,
this is a bill that I believe was the only
bill we were unable to pass as a result of a
series of hearings that we did in New York
City, that Assemblyman Lentol and myself did
in New York City in -- I think in the early
'90s, if I'm not mistaken, or maybe the
mid-'90s, relating to unlicensed operation.
The city had a horrendous problem,
had had a number of fatalities relating to
unlicensed drivers. Quick story, a cop comes
to the scene of an accident, he finds out -
it's a fatal accident. He finds out both
drivers are unlicensed. He walks over to the
tow truck driver, asks him for his license.
He's unlicensed. The ambulance pulls up, and
he jokingly asks the ambulance driver for his
license; he's unlicensed. He finally just
6138
threw up his hands and said, This is
ridiculous. The person who was involved in
the fatal accident had 25 summonses for
unlicensed operation.
This bill, what this bill would do
is it would set up a system -- we already did
aggravated unlicensed operation as part of
that process. We changed the rules and
increased the penalty a little bit. Not
really very much, because the Assembly really
didn't want to. But what this bill would do
for a multiple -- a person who's already been
convicted of unlicensed operation essentially
twice, this person would then be charged with
aggravated unlicensed operation and could be
fingerprinted.
And the reason for that has to do
with the fact that in -- particularly in New
York City -- and I say that because it could
happen other places, but this is particularly
true in New York City, with the volume and so
forth, it is very difficult to find who people
are.
A classic example is that a number
of people have multiple licenses. That is,
6139
they have one license under James Jones, some
people have a license under Frank Smith,
whatever.
Or even more interesting is someone
I had. I had a fellow, let's just say his
name was James Jones. He had one license
under James Jones. He lost that. Then he had
one under James S. Jones. When he lost that
one, he had another one under S.J. Jones.
Just as an example.
And of course, if you don't have
any way of tracking that person, it would take
forever before you finally were able to find
it. So what this does would allow
fingerprinting in cases of multiple unlicensed
operation.
And, by the way, just so -- the
penalty is a B misdemeanor for aggravated
unlicensed operation. It's still a
misdemeanor, it's not a felony.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Thank you. If
the sponsor would yield.
ACTING PRESIDENT MEIER: Senator
6140
Volker -
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: In a year, do you
know how many people would fall under this
law?
SENATOR VOLKER: You know, it
would be very difficult.
I think the system is better today
than it was. There was a severe problem in
the city with dovetailing the New York City
Motor Vehicle Bureau, or whatever it's called,
with the New York State Motor Vehicle Bureau.
In other words, there are different computers
and so forth.
It's been estimated, or at the time
it was estimated that there may have been as
many as 400,000 or 500,000 people driving
around New York City -- that was just an
estimate. A lot of people were driving with
unlicensed cars and trucks.
That was based on not just New York
City residents but people, for instance, who
were driving through or whatever, based on the
6141
numbers of unlicensed operation people that
they were picking up in a year. They found
one fellow that had 125 summonses for
unlicensed operation.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Volker, do you continue to yield?
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I'm wondering
what the cost would be for this. You know,
fingerprinting more people means more
administrative work -
SENATOR VOLKER: Yeah.
SENATOR DUANE: -- more
recordkeeping.
SENATOR VOLKER: I don't think
the cost would be that expensive.
Remember, it really -- once you
establish the fingerprinting, in fact, I
suppose it's arguable that you're going to
save money. Because you're going to find a
6142
few people who maybe have multiple unlicensed
operation that would be arrested out into the
future. Because once they establish who this
person actually is, then that person -- for
instance, if you don't -- even if you don't
know at the time and you find out in tracking
it down that this is the same guy under a
different name, he's then going to be arrested
under even a more serious charge, because of
forgery and all that sort of stuff. You're
going to get him off the road, he or she.
And so I think the answer is I
doubt that there would be that much increased
cost. It might be a slight cost. But over
the long haul, it would almost certainly save
the City of New York and the State of New York
considerable money.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Volker, do you yield?
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
6143
SENATOR DUANE: I'm curious as to
whether or not the sponsor knows if there are
any other states that do this.
SENATOR VOLKER: I think the
answer is that there are other states that do
more than this.
Our penalties for unlicensed and
unregistered operation are, I think,
comparatively very low. I would suspect, and
my recollection is, that some states out in
the West, if you have multiple unlicensed
operations, it's almost certainly a felony in
some states.
And we probably -- and that's part
of the problem. The way we have treated this
kind of an offense, I would think we would be
at lowest rung, probably, of states as far as
the penalties for unlicensed operation. I
don't have -- I can't give you every state,
but if my recollection was correct,
New Jersey's penalties are higher than ours,
and I think Connecticut also. But, I mean, I
obviously can't be sure of that. I haven't
checked it in a few years.
But this has become a big problem
6144
for insurers, because insurers get very
concerned. And they of course ask for your
driver's license, but somebody can just put a
number on there and the insurance companies
generally don't check it. So you've got a guy
that maybe will have 35 summonses and the
insurance company won't know it until they
finally are able to catch the guy and
determine that this is the guy.
And that's why the fingerprinting
would turn up this kind of a situation on the
computer.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Volker, do you yield?
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I heard an
example, and I'm assuming it's an example of
aggravated unlicensed operation of a motor
vehicle, I don't know whether it's in the
third or second degree, but a person -- I
6145
believe the example you gave was someone that
had, you know, like a forged license or used
someone else's license. Was that an example?
And if maybe the sponsor could
provide another example of an unlicensed
operation in the third or second degree.
SENATOR VOLKER: The normal
situation -- and I'm not saying that that's -
but that would be -- that could not continue
to happen if you had the fingerprinting, is
what I was pointing out. Because the
fingerprinting would show up and it would hit
that the person who was using multiple names.
He also then, by the way, or she, could be
charged with a more serious offense, is what
I'm saying, than aggravated unlicensed
operation. But that would only be based on
the fact that you had the fingerprints.
The normal case, I suppose, would
be somebody is arrested within 18 months and
convicted of unlicensed operation. They're
arrested a second time for unlicensed
operation and convicted. And the third time,
that's when the fingerprinting would trip in.
And they then would be subject to -- with a
6146
previous in 18 months and a -- and plus
another, and then they would be subject to
being fingerprinted.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Have the district
attorneys or bar associations or defense
attorneys or civil rights groups, for that
matter, weighed in on this legislation?
SENATOR VOLKER: I've never heard
of any civil rights groups. This bill -- not
really the DAs. Because remember, this is a
misdemeanor, it's not a felony. So that the
DAs don't get directly involved in it.
The AAA has come out for this
legislation. This is a City of New York bill,
by the way. And it was a City of New York
bill prior to the -- I think prior to this
administration. I'm pretty sure that this
initially came from the City of New York under
the previous administration and was readopted
6147
by the president mayor.
But I don't ever remember hearing
any opposition to this from anybody.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
ACTING PRESIDENT MEIER: Senator
Volker, do you yield?
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I know there
wasn't a public hearing this year or last year
or the year before on this bill. But I'm
wondering if there has ever been a public
hearing.
SENATOR VOLKER: Oh, yes. In
fact -- maybe I didn't make it clear -- this
is the last of a group of bills that we -
that Assemblyman Lentol, myself, Senator
Galiber, I think Senator Paterson, if I'm not
mistaken -
SENATOR PATERSON: Absolutely.
SENATOR VOLKER: -- was involved,
and several people who are passed on. We had
6148
a hearing in New York City; I think we had
several hearings.
And this bill was one of them.
There were, I think, four or five others. The
others have passed. One of those bills
actually created aggravated unlicensed
operation, which we didn't have before.
And this is the bill that went a
step farther. I believe initially this bill
would have made it a felony, a Class E felony.
I think that's why, I think, the Assembly
didn't want to do it. Because we've passed
this bill here. But we no longer have that.
So we're hoping to be able to get this through
the Assembly.
SENATOR DUANE: Through you, Mr.
President, if the sponsor would continue to
yield.
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I notice that the
sponsor mentioned some deceased and some still
serving Minority Senators on it, but I note
that there are no Minority Senators on the
6149
bill this year. I'm wondering why that is.
SENATOR VOLKER: I guess we just
didn't get to it this year. I -- I -- I -
there has been a lot of Minority support for
this on both sides, frankly. But I don't
think there's any Minority legislators either
in the Assembly or the Senate on this bill.
Minority meaning Republicans in the Assembly
or Democrats in the Senate.
SENATOR DUANE: And through you,
Mr. President, if the sponsor would yield for
a final question.
SENATOR VOLKER: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: I was wondering
if the sponsor would be open to having
Minority members sign on to the bill if they
still thought it was good.
SENATOR VOLKER: Well, it's
something we can certainly consider, Senator.
SENATOR DUANE: Thank you.
ACTING PRESIDENT MEIER: Any
other Senators wish to be heard on the bill?
Then the debate is closed.
6150
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee.
SENATOR McGEE: Please call -
Mr. President, please call Bill 388.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 388.
THE SECRETARY: Calendar Number
388, by Senator Volker, Senate Print 3308, an
act to amend Chapter 198 of the Laws of 1978.
SENATOR OPPENHEIMER:
Explanation, please.
ACTING PRESIDENT MEIER: Senator
Volker, an explanation has been requested of
Calendar 388.
SENATOR VOLKER: Quite quickly,
6151
in total honesty, this was a bill that
Assemblyman Eve and I first sponsored in 1978.
What had happened is there was a
program in New York City called the School
Health Services Pre-School and School-Age
Program. And Assemblyman Eve and I said we
thought that this would be something that
should be -- something that should be very
important and would be good for Buffalo. So
in 1978 we passed legislation that would
provide this program for Buffalo.
A few years later, some people from
Syracuse and Rochester thought it would be a
good idea also, so we included Syracuse and
Rochester. And then in 1984 -- the reason I
know this is I'm reading the memo, so I -- in
1984, Chapter 233 of the Laws of 1984 extended
this program for two years, and we began this
program statewide.
And that's the genesis of this
program. It has been reenacted first for two
years, then for a short period of time,
because there was some discussion about
changing the nature of the program. It was
extended for a year, and then we went back to
6152
two years again, back in 1995.
This bill enables the program to
continue. However, there then has to be a
line in the budget that provides the funding.
That line in the budget has increased over the
years exponentially.
And we argued for a while
whether -- one of the reasons that held it up
was some people said, Well, we ought to have
more money. And as some of us pointed out,
that's a budget issue, really. It's not a -
this just enacts the program. The budget
issue is something that really occurs -- and
everybody gets his share of it as part of the
budget.
SENATOR OPPENHEIMER: Thank you,
Senator.
Through you, Mr. President -- I
think we're going to stop saying that. If the
Senator would yield for a question.
ACTING PRESIDENT MEIER: There
you go.
SENATOR OPPENHEIMER: I knew
there was another way.
ACTING PRESIDENT MEIER: I think
6153
that's a splendid idea.
Senator Volker, will you yield?
SENATOR VOLKER: I certainly
will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: I agree
completely with you that this is one of the
best programs, equal to the importance of
sliced bread.
I therefore don't understand why we
have not extended it more than one or two
years. We started off extending it six years.
Why can't we extend it six now?
SENATOR VOLKER: Well, we
actually didn't extend it six years.
SENATOR OPPENHEIMER: Originally?
SENATOR VOLKER: The actual fact
was -- and this is really Art Eve who -- in
all candor, Art Eve and I spawned this
program, but it was his -- I say his city. I
did represent a piece of the city at that
time, but really it was Art Eve's. In 1984,
we expanded it throughout upstate New York and
in subsequent years to the entire state.
6154
The reason that we have only
extended it each year was a couple of reasons.
Both sides, both houses preferred to extend
this year by year as much as anything because
of the numbers in the budget. Because the
numbers in the budget change each year.
So that, for instance, if
somebody -- and what did happen, the reason it
went from two to one year was because people
were objecting to the amounts. And therefore,
rather than extend it for two years and freeze
the amount of money in the budget, the
decision was made to do it only for one year
so that they could argue next year that the
budget amount should be more or, I suppose,
less. But it's never been less, it's always
been more.
So that's what really happened.
It's really because this is tied to the
budget. In other words, it's hard for
outsiders to understand -- you understand it.
We pass this bill, this gets the program
extended, but it doesn't get you the money.
The money comes out of the budget.
SENATOR OPPENHEIMER: I
6155
understand what you're saying, Senator. But
so many things that we pass increase every
year, and yet they're permanently in the
budget. And this really should be a permanent
part of the budget. But I'm talking to the
choir, so -
SENATOR VOLKER: Yes. It's not
my decision, if you know what I mean.
SENATOR OPPENHEIMER: Exactly.
Do you know how many school
districts are now involved in it?
SENATOR VOLKER: I truly do not.
There are innumerable school districts across
the state. I know all the major cities. And
the qualifications, I think, are -- I would
think that all the needy -- well, I guess the
definition of needy is obviously -- but all
your districts that would be considered
at-risk districts or whatever I believe are
part of this.
I really -- I'll check it on it,
but that's my recollection, that districts who
don't have their own health programs, for
instance, or poor health programs, are
involved in it.
6156
SENATOR OPPENHEIMER: Well, thank
you, Senator.
SENATOR VOLKER: You're welcome.
SENATOR OPPENHEIMER: On the bill
for a moment.
ACTING PRESIDENT MEIER: Senator
Oppenheimer, on the bill.
SENATOR OPPENHEIMER: Sometimes I
really wonder what the advanced thinking is,
the thinking that stretches beyond this budget
or next budget. The fact is if we don't mind
the health of young children, it's really an
issue of do we pay now or do we pay later. If
we can keep the children healthy, then there's
a likelihood that as they grow into
adolescents and into adulthood, that they will
remain healthy and they will have an
understanding of good health.
Not to provide this, not to make
this a permanent bill, I think is -- it may be
penny-wise, but I think it's very
pound-foolish. And I strongly support it, and
I am sure everybody else does. And we just
have to start taking a little longer view here
in state government and not look just budget
6157
to budget.
I'll be voting yes.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I won't ask any questions of the
sponsor, but I would just like to comment on
the legislation.
I want to commend the sponsor,
Senator Volker, for having this vision 25
years ago. And this really is one of the, I
think, best and most important things that
we've done in the Legislature as it relates to
providing health care for children and
adolescents in our state.
And as I've said in the past when
we've debated this legislation or commented on
this legislation, I am very disappointed once
again that we are not making it permanent.
Because I see -- I see no reason why this is
not a permanently fixed part of our
health-care delivery system.
It's the most efficient way of
delivering health care to young people. It is
very cost-effective. It is a health system
6158
that provides both health and mental health
services at the site where young people are,
or very near. And we all -- all of those of
us who have experienced the outcome of
school-based health services can attest to how
wonderful it is and how important it is.
So again, Senator Volker, I
compliment you as the sponsor of this
legislation. I compliment Assemblyman Eve,
the two of you who had this vision the 25
years ago. It was so important. Your
leadership in this house I'm sure made all the
difference, and we appreciate that.
But I just hope that your
colleagues, my colleagues will support you in
moving this to permanency because we so
desperately need this as a system that is
integrated into our health-care delivery
system.
So, Mr. President, I am very, very
happy to be supportive of this legislation
today.
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Thank you, Mr.
6159
President. Just briefly on the bill.
Like my colleagues who have spoken
before me, I want to commend Senator Volker
for this piece of legislation and also take
this opportunity to thank Senator Volker for
championing pieces of legislation for the city
of Buffalo, where I reside, for the many years
that he has been in the State Senate.
As Senators Montgomery and
Oppenheimer said, this is an important piece
of legislation for the children of our state,
to ensure their health. And while we are
extending this, this is the type of initiative
that should be made permanent. And, Senator
Volker, as you continue to work in this area,
I would be more than happy to join you in
supporting the permanentization of the school
health program.
Thank you.
ACTING PRESIDENT MEIER: Senator
Malcolm Smith.
SENATOR MALCOLM SMITH: Yes,
thank you, Mr. President. I just wanted to
lend my voice to giving congratulations and
appreciation to Senator Volker for this
6160
particular bill.
But I have to echo the concerns of
Senator Oppenheimer and Senator Montgomery as
well as Senator Brown, and that is from a
cost-effective measure, clearly, making this a
permanent situation would be better for the
state. It would allow for some security for
those who are even providing the services
within these particular health facilities for
the students.
And it would just make some sense
for us as a state, who seems to at times talk
about being prudent in how we allocate funds
and how we spend them, to make a program such
as this permanent.
So I just wanted to be on record
not only supporting the bill but echoing the
statements of my colleague that such a program
should be one that is permanent.
Thank you.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
The debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
6161
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee.
SENATOR McGEE: Would you call
up, please, Calendar Number 196, Senator
Seward's bill.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 196.
THE SECRETARY: Calendar Number
196, by Senator Seward, Senate Print 2131, an
act to amend the Town Law, in relation to
permitting.
SENATOR BROWN: Explanation.
ACTING PRESIDENT MEIER: Senator
Seward, an explanation has been requested of
Calendar 196.
SENATOR SEWARD: Certainly, Mr.
President.
Now, this bill amends the Town Law
to change the date by which towns are required
6162
to prepare their annual accountings. Under
existing law, the date is January 20th. This
bill would extend that to a full 60 days after
the close of the town's fiscal year.
And the reason behind this proposed
change is that the current date of
January 20th, I have heard from a number of my
towns, particularly the smaller towns, is not
practical, because it does not allow
sufficient time to close accounts at the end
of the year. There may be some expenses in
late December that are thrown over into
January when they're actually paid. The
January 20th date doesn't allow enough time to
reconcile the towns' checkbooks and to perform
all the necessary functions in terms of doing
an accounting.
It's interesting to note, under
existing law, if a town has a town comptroller
or if a town hires the services of a certified
public accountant, they get, under existing
law, the full 60 days in which to finalize
their town accounting. So what this bill
would do would be to give the same 60-day
period to those townships that do not have a
6163
town comptroller or do not utilize the
services of a certified public accountant.
In fact, the State Comptroller
requires the same 60-day period for the
towns -- he gives them, the towns, that same
period of time to submit their annual
financial report to the State Comptroller.
So what this bill does is place in
law the same 60-day uniform time period for
all townships, whether or not they have a CPA
or a town comptroller. And it's pegged toward
the same time period for them to get the
annual financial report in to the State
Comptroller.
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Thank you, Mr.
President. Through you, will Senator Seward
yield for a question.
ACTING PRESIDENT MEIER: Senator
Seward, will you yield for a question?
SENATOR SEWARD: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BROWN: Thank you. In
6164
Senator Seward's explanation, it seems like he
anticipated my question. The current law
allows 60 days if a town has a comptroller or
a CPA. But if a town does not, it seems to
limit that town to 20 days to file its annual
report, its annual financial report.
And I'm wondering, does it make
sense, then, to try to provide for every town
to have a CPA or comptroller so they can be
more efficient in being able to respond to
this financial reporting requirement?
SENATOR SEWARD: Well, Mr.
President, I would not want to be associated
with legislation to require townships to
either have a comptroller or a hire the
services of a CPA, because I know in my area
there are many townships -- you know, they're
small municipalities -- very often the town
supervisor keeps the town books himself or he
hires the services of a bookkeeper who may not
be a CPA. And they have the comptroller audit
the books periodically. Obviously, they have
to make these annual reports to the
Comptroller after the 60-day period.
And, you know, that seems to work
6165
fine for many municipalities. So I would hate
to be involved in any effort to require them
to spend more money, which I think would be
needless, in terms of adding personnel or
hiring a CPA. I don't believe that's
necessary.
What is necessary, I believe, and
that's the reason I'm sponsoring the bill, is
just to give them a little more time to
finalize their books for the previous fiscal
year.
In fact, it's interesting, I think
it's inconsistent in existing law that when
you hire these services to be done, you get
more time, but if you're doing them yourself,
as many towns do, you get less time. It seems
that's a bit backwards.
But I think rather than attack that
issue, I think we ought to just make it
uniform in the law, as this bill does.
SENATOR BROWN: Mr. President -
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: -- will Senator
Seward yield for another question?
6166
ACTING PRESIDENT MEIER: Senator
Seward, do you continue to yield?
SENATOR SEWARD: Yes, I will.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BROWN: Senator Seward,
does this request come from the Town Boards
Association or some other body to do this?
SENATOR SEWARD: I had heard from
a number of my towns in my district, you know,
regarding this legislation. And we drafted
the bill. And I can't produce a formal memo
from the Association of Towns, but I do know
that they are supportive.
SENATOR BROWN: And just one
final question Mr. President.
ACTING PRESIDENT MEIER: Senator
Seward, do you continue to yield?
SENATOR SEWARD: Yes, I do.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR BROWN: Does the State
Comptroller support this legislation?
SENATOR SEWARD: Mr. President, I
can't report the views of the State
6167
Comptroller. I'm just not aware of it. I'm
not aware of his support or certainly not -- I
can't say that I'm aware of any negative views
that the Comptroller would have on this.
In terms of how the towns relate to
the State Comptroller, this bill does not
impact that. The State Comptroller gives them
60 days to finalize their books in terms of
getting their report in to him. That remains
the case under this bill. All this does is
give the towns themselves the requirement that
they have to audit their own books, it gives
them that same 60-day period as the
Comptroller has given the towns in terms of
getting the information in to the Comptroller.
SENATOR BROWN: On the bill, Mr.
President.
ACTING PRESIDENT MEIER: Senator
Brown, on the bill.
SENATOR BROWN: I want to thank
Senator Seward for answering the questions
that I had.
This certainly seems like a very
commonsense measure. As Senator Seward
indicated, it seemed like the current law was
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kind of backwards in that if a town did not
have a comptroller or a CPA, they had 20 days.
If the town did, they got 60 days. I think
this gives the towns more time, as Senator
Seward has indicated, and cleans up the
disparity that existed in the present law.
And I certainly support it and will
be voting for this piece of legislation.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Montgomery, why do you
rise?
SENATOR MONTGOMERY: Yes, Mr.
President, I would like unanimous consent to
be recorded in the negative on the Calendar
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Number 17.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendar 17.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Will you please call up Calendar
94, Senate Bill 75, by Senator Skelos.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 94.
THE SECRETARY: Calendar Number
94, by Senator Skelos, Senate Print 75, an act
to amend the Navigation Law, in relation to
the termination.
SENATOR OPPENHEIMER:
Explanation, please.
ACTING PRESIDENT MEIER: Senator
Skelos, an explanation has been requested of
Calendar 94 by Senator Oppenheimer.
SENATOR SKELOS: This
legislation, which passed unanimously last
year and is supported by numerous police
organizations, would authorize a police
officer to direct the termination of the
operation of any vessel in an unsafe
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condition.
Generally, statistics show that
unsafe vehicle conditions are a large focus of
marine police activity and are a large
contributor to the cause of accidents. I
believe this bill will help reduce accidents
on our waters. And because the Navigation Law
doesn't specify or enumerate what a lawful
order can be from a police officer in this
type of situation, we're looking to specify it
so they could terminate the vessel's voyage.
SENATOR OPPENHEIMER: Thank you.
If the Senator would just yield for a couple
of questions.
ACTING PRESIDENT MEIER: Senator
Skelos, do you yield for a question?
SENATOR SKELOS: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: We have
similar concerns and communities. And I'm
questioning because here, I'm reading, it says
operating overloaded, failing to have
navigation lights, petroleum leakage. Don't
our police already have the power to stop
6171
these activities?
SENATOR SKELOS: It is unclear.
And that's why we're trying to make it clear.
As I said in my explanation of the
will, there are numerous law enforcement
organizations that have come to us and have
said, yes, they can issue a violation or some
sort of summons, but they're unclear as to
whether they can terminate the voyage of that
vessel. And that's what we're clarifying with
this legislation.
SENATOR OPPENHEIMER: I see.
That was the one point I was trying to figure
out, if it was terminating the operation.
I have another question, if the
Senator will yield.
ACTING PRESIDENT MEIER: Senator
Skelos, will you yield?
SENATOR SKELOS: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR OPPENHEIMER: And I know
we can use this on Long Island Sound. I'm
wondering if we can use it on other lakes or
rivers, or is it just -
6172
SENATOR SKELOS: Yes. Yes.
SENATOR OPPENHEIMER: Anywhere
there's a water body?
SENATOR SKELOS: Yes.
SENATOR OPPENHEIMER: Excellent.
Well, this is a fine bill, and it
certainly will be very helpful in my
community, which has a very large harbor of
1800 small craft. And anything we can do to
make the harbor a cleaner, safer place is
something we're delighted to do.
So I thank Senator Skelos for this
bill.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard on the bill?
Debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
ACTING PRESIDENT MEIER: The bill
is passed.
6173
Senator Morahan, that completes the
controversial calendar.
SENATOR MORAHAN: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes, I
believe there is, Senator. Take care of that
now?
SENATOR MORAHAN: Yes.
ACTING PRESIDENT MEIER: The
Secretary will read the substitution.
THE SECRETARY: On page 38,
Senator Rath moves to discharge, from the
Committee on Local Government, Assembly Bill
Number 1768 and substitute it for the
identical Senate Bill Number 2628, Third
Reading Calendar 421.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
President. Would you, on behalf of Senator
LaValle, on page 35, Calendar 387, Senate Bill
3225A, ask that bill to be amended and keep it
on its place on the Third Reading Calendar.
ACTING PRESIDENT MEIER: The
6174
amendment is received and adopted, and the
bill will retain its place on the Third
Reading Calendar.
SENATOR MORAHAN: Okay. Mr.
President, would you recognize Senator
Dollinger.
ACTING PRESIDENT MEIER: Yes, I
will.
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Mr. President. I just give notice pursuant to
Rule XI that I will move to amend the Rules of
the Senate to include a new rule, XV, which
deals with the ethical standards of officers,
employees, and members of the Senate.
ACTING PRESIDENT MEIER: The
notice is received at the desk, and it will be
entered in the Journal.
Senator Morahan.
SENATOR MORAHAN: Yes. There
being no further business, I move we adjourn
till Monday, April 30th, at 3:00 p.m.,
intervening days being legislative days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
6175
Monday, April 30th, at 3:00 p.m. Intervening
days will be legislative days.
(Whereupon, at 1:25 p.m., the
Senate adjourned.)