Regular Session - January 28, 2002
293
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 28, 2002
3:15 p.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
stand and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: With us this
afternoon to give the invocation is Rabbi
Nachman Simon, from Chabad-Lubavitch of the
Capital District, in Delmar.
RABBI SIMON: Today marks the New
Year for Trees, the Jewish Arbor Day.
In the middle of the winter, when
the trees are barren and the grass is covered
with snow, we remember the past, when the
foliage fully bloomed and the land was covered
with green. We also look forward to the
future, when spring will arrive and the trees
will begin to bud.
The fact that the New Year for
Trees usually occurs in the midst of cold and
frost is symbolic of our situation. The world
lies stunned and dormant from the events from
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last September. Even though we remember the
sweet memories of peace and calm, we must also
look forward to the future, towards a better
tomorrow.
The Lubavitcher Rebbe always
stressed that when problems occur, it is in
order for us to rise above the challenges and
find better ways to combat evil. Also, after
we are given the opportunity to uplift
ourselves, it is not sufficient to return in
our former situation, but to make improvements
for ourselves and for everyone around us.
May it be the will of the Almighty
that He help each and every one of us to help
the people of New York State and to make the
world better for everyone.
May this be the last preparation
needed before the arrival of the Moshiach, the
Messiah, speedily in our days, and let us all
say amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, January 27, the Senate met pursuant to
adjournment. The Journal of Saturday,
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January 26, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Alcoholism and Drug Abuse Committee in the
Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Alcoholism and Drug
Abuse Committee in the Majority Conference
Room.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Volker,
from the Committee on Codes, reports the
following bills:
Senate Print 66, by Senator
Velella, an act to amend the Criminal
Procedure Law;
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85, by Senator Skelos, an act to
amend the Civil Rights Law;
95, by Senator Maltese, an act to
amend the Penal Law;
205, by Senator Volker, an act to
amend the Criminal Procedure Law;
490, by Senator Marcellino, an act
to amend the Penal Law;
1694A, by Senator Volker, an act to
amend the Criminal Procedure Law;
2617A, by Senator Rath, an act to
amend the Penal Law;
3499A, by Senator Wright, an act to
amend the Criminal Procedure Law;
3644, by Senator Rath, an act to
amend the Penal Law;
4327, by Senator Volker, an act to
amend the Criminal Procedure Law;
4512, by Senator Johnson, an act to
amend the Criminal Procedure Law;
5313, by Senator Volker, an act to
amend the Penal Law and the Correction Law;
And 5653, by Senator Volker, an act
to amend the Penal Law and others.
Senator Saland, from the Committee
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on Children and Families, reports:
Senate Print 1447, with amendments,
by Senator Meier, an act to amend the Domestic
Relations Law;
2683A, by Senator Skelos, an act to
amend the Family Court Act;
3434, by Senator Saland, an act to
amend the Domestic Relations Law;
4231, by Senator Saland, an act to
amend the Family Court Act; and
4899A, by Senator Saland, an act to
amend the Social Services Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
I move that the following bills be
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discharged from their respective committees
and be recommitted with instructions to strike
the enacting clause:
On behalf of Senator Libous,
Senate 5483;
On behalf of Senator Maltese, 6104;
And on behalf of me, Senator
Farley, 1993, 3792A, 4638, and 4746A.
Madam President, on page 8 I offer
the following amendments to Calendar Number
56, Senate Print 2512A, and I ask that that
bill retain its place on the Third Reading
Calendar. That's on behalf of Senator McGee.
On behalf of Senator Rath, on
page 4 I offer the following amendments to
Calendar 7, Senate Print 1450, and I ask that
that bill retain its place.
On behalf of Senator Johnson, on
page 8, Calendar Number 63, Senate Print 5260,
I ask that that bill retain its place also.
THE PRESIDENT: The bills are so
amended, hearing no objection, and they will
also retain their place on the Third Reading
Calendar.
And on your initial motion,
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Senator, the enacting clauses will be
stricken.
SENATOR FARLEY: Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could go to the noncontroversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
22, by Senator LaValle, Senate Print 1422, an
act to amend the General Municipal Law, in
relation to granting.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
24, by Senator Seward, Senate Print 2131, an
act to amend the Town Law, in relation to
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permitting.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
27, by Senator McGee, Senate Print 3560, an
act to amend the General Municipal Law, in
relation to enhancing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect 180 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
29, by Senator Rath, Senate Print 4095, an act
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to amend the Local Finance Law, in relation to
statutory installment bonds.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
40, by Senator Marcellino, Senate Print 806,
an act to amend the Environmental Conservation
Law, in relation to management.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
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THE SECRETARY: Calendar Number
44, by Senator Maltese, Senate Print 1841, an
act to amend the Environmental Conservation
Law, in relation to penalties.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
64, by Senator Skelos
SENATOR SKELOS: Lay it aside for
the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Yes. Madam
President, if we could stand at ease.
THE PRESIDENT: The Senate stands
at ease, Senator.
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(Whereupon, the Senate stood at
ease at 3:25 p.m.)
THE PRESIDENT: Senator Malcolm
Smith.
SENATOR MALCOLM SMITH: Yes,
thank you, Madam President.
I know the rules of the Senate do
not allow this, but if it was such and it did
allow it, I would have, if I could have,
recognized Richard Altabe, who is a gentleman
in my district who runs the Yeshiva Darchei
Torah school and represents most of the
yeshivas in my area, which represents close to
3,000 students.
Unfortunately, I know that the
Senate doesn't allow me to acknowledge his
presence as he sits in the gallery today, so I
will not do so. And I would so, if I could
have.
Thank you.
THE PRESIDENT: And, as usual,
done so with shrewdness and aplomb, Senator.
Senator Alesi.
SENATOR ALESI: Thank you, Madam
President.
305
THE PRESIDENT: You're welcome.
SENATOR ALESI: I very much
understand Senator Smith's dismay at not being
able to introduce his guest according to the
rules of the Senate, simply because I have
three county legislators here from the County
of Monroe: Pieter Smeenk, Bill Reilich, and
Chief of Staff Jeff McCann.
If I were able to announce their
presence, I would be happy to do so.
THE PRESIDENT: We're happy to
cooperate with you on that, Senator Alesi.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Rules Committee in the Majority Conference
Room.
THE PRESIDENT: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
(Whereupon, the Senate reconvened
at 3:34 p.m.)
THE PRESIDENT: The Senate will
please come to order.
Senator Skelos.
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SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I believe there's a report of the
Rules Committee at the desk. I ask that it be
read.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 6119, by Senator
Maltese, an act to amend the Education Law;
And Senate Print 6263, by Senator
Skelos, an act to amend the Correction Law.
Both bills ordered direct to third
reading.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Move to accept
the report of the Rules Committee.
THE PRESIDENT: All those in
favor of accepting the report of the Rules
Committee signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
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(No response.)
THE PRESIDENT: The report is
accepted.
Senator Skelos.
SENATOR SKELOS: Madam President,
there will be an immediate meeting of the
Transportation Committee in the Majority
Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Transportation
Committee in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Madam President,
at this time if we could take up Senate 6263.
THE PRESIDENT: The Secretary
will read Senate 6263.
THE SECRETARY: Calendar Number
84, by Senator Skelos, Senate Print 6263, an
act to amend the Correction Law, in relation
to the registration of sex offenders.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message at the desk?
THE PRESIDENT: Yes, there is,
Senator Skelos.
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SENATOR SKELOS: Move to accept.
THE PRESIDENT: All those in
favor of accepting the message of necessity
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Read the last section.
THE SECRETARY: Section 27. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
SENATOR DOLLINGER: Madam
President.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: I believe
Senator Paterson asked for an explanation.
THE PRESIDENT: Senator Skelos,
an explanation has been requested.
SENATOR SKELOS: Madam President,
in November 2001 the state was informed that
we had not complied with federal law, which
could result in the loss of 10 percent of our
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Byrne money grant of about $3 million.
By passing this bill, New York
State will be in full compliance with federal
mandates concerning the so-called Megan's Law.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, if Senator Skelos would yield for a
question.
THE PRESIDENT: Senator, will you
yield for a question?
SENATOR SKELOS: Yes.
THE PRESIDENT: Senator Skelos
yields, Senator.
SENATOR PATERSON: Senator, I
just noticed that there are a number of
provisions in this bill. And I want to know
if all of the provisions in this bill fall
under the federal requirements.
SENATOR SKELOS: Yes, they do.
SENATOR PATERSON: Okay. Thank
you very much, Madam President.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, just to be heard on the bill.
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I voted in favor of this in the
Rules Committee, and I will vote in favor of
it on the floor. But this issue came up in
the Codes Committee in front of Senator Volker
today, the question of requiring compliance
with the registration by those who have been
adjudicated as number-three or Level 3
offenders.
In our community in Rochester, in
the neighborhood groups that have dealt with
this issue, we have run into a problem because
the police have informed us that they don't
have a leverage to get Class 3 offenders to
register consistent with the law.
The law requires that if they
change their residence, for example, they must
reregister. It can require, in certain cases,
that they reregister or contact the police at
periodic times in order to notify them that
they're maintaining their current address.
What we have been told, what I have
been told in a number of neighborhood
meetings, by the officers in charge of sex
offender registry compliance in the city of
Rochester, is that the current penalty of a
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misdemeanor is not sufficient to obtain
compliance with offenders' obligation to
register and notify the police of an address
change.
I've talked with Senator Volker
about a change that would raise the penalty
for noncompliance with the strict requirements
of registration from a Class A misdemeanor to
a Class D felony, so that these offenders
would have a further incentive to comply with
the registration requirements.
Otherwise, what happens, Madam
President, is that the registration
requirement ends up as somewhat illusory,
because offenders don't register. The police
are attempting to enforce them under a
misdemeanor penalty, they don't comply.
Oftentimes, in the first offense,
what they will do is simply plead to an ACD
with an assurance of compliance in the future,
and as a consequence we don't get their
attention.
It seems to me that it's been a
problem in Rochester. My guess is it's a
problem throughout the rest of the state. I
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think what we need to do is, if the sex
offender registry is really going to work, we
need to increase the penalties for
noncompliance so that everyone who is on the
list who's designated as a Level 3 offender,
the most serious form of offender, will get a
clear message that when we say "Register and
comply with the dictates of the registry," it
absolutely must be done, or, frankly, they'll
go back to jail.
That's the only way I can see to do
it. The City of Rochester Police Department
has recommended that.
And I would urge that -- I'm going
to vote in favor of this bill, but my hope is
that this issue will not die and that
eventually in the Codes Committee this year
we'll get compliance and increase the penalty
to a felony.
I congratulate Senator Skelos, who
I know has worked on the sex offender registry
since their initiation here in the state, that
now we're going to be in full compliance with
the federal government. And my hope is that
we'll get to that next step of increasing
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penalties as well.
Thank you.
SENATOR SKELOS: Madam President,
if I could, I'll take a deep breath and say I
agree with Senator Dollinger.
(Laughter.)
SENATOR SKELOS: When we
originally introduced, again, Megan's Law, we
sought to have a felony penalty for failure to
comply. The Assembly felt a misdemeanor, A
misdemeanor, would be more appropriate. We
wanted to get the bill passed.
I should point out a second offense
is a D felony.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 27. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
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THE PRESIDENT: The bill is
passed.
Senator Skelos.
SENATOR SKELOS: Madam President,
would you please take up Senate 6119, by
Senator Maltese.
THE PRESIDENT: The Secretary
will read Senate 6119, by Senator Maltese.
THE SECRETARY: Calendar Number
83, by Senator Maltese, Senate Print 6119, an
act to amend the Education Law, in relation to
extending.
SENATOR HEVESI: Explanation.
THE PRESIDENT: Senator Maltese,
an explanation has been requested by Senator
Hevesi.
SENATOR MALTESE: Madam
President, this bill has been drawn up at the
request of the New York City Board of
Elections, and both the Democratic executive
director and the Republican deputy director,
as well as the Democrat and the Republican
commissioners.
And I think the best way to speak
about the merits of the bill would be to quote
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from the letter from Danny DeFrancesco, who is
the executive director of the City Board.
I'll paraphrase. But he is writing at the
request of the board to postpone for one year
the election of the members of the community
school boards within the city of New York.
The election is presently scheduled
for Tuesday, May 7th. In terms of elections,
it's nigh upon us.
The board believes that a
postponement of this election would be in the
best interests of the citizens of New York
because the board, as many people know, is in
the downtown area and was very severely
affected by being in close proximity to Ground
Zero.
The board has performed admirably,
not only the people in the New York City
Board, but the members and the personnel in
the boards of the five counties in New York
City. The fact that many people felt that
they would not be able to adequately handle
the four elections -- the original primary
that had been scheduled for that day of
infamy, September 11th; the 9/25, which was
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the postponement day; the Election Day in
November; and the runoff election -- and all
four were carried through with great
efficiency.
The board feels that the holding of
the school board election on May 7th would
come right about the time that they would also
be acting on the reapportionment for the city
of New York. As all my esteemed colleagues
know, we will be in the process of
reapportioning for all legislative elections
as well as Congressional elections.
The city of New York has over 5,000
election districts, and they will be -- the
board will be called upon to work closely with
their commissioners, their political
commissioners, as well as all personnel, to
draw the districts and prepare maps for
petitioning.
The petitioning for the school
board election is due to begin January 29th,
which would on its face indicate the
impossibility of being able to carry it out at
the very same time they're preparing for
reapportioning.
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In addition, as a side note, at a
time of very restricted and curtailment of
services being contemplated, we have a
situation where the school board election
would cost $9 million. Now, to expend
$9 million to $10 million -- and this estimate
is provided by the New York City Board as well
as their counsels.
So the other thing that -- the
other point that the commissioners pointed
out, at the last school board election,
approximately 3 percent of the enrolled voters
that are eligible to vote in the school board
elections participated.
So the saving of money, the
difficulty of carrying it out at the same time
as reapportionment, the difficulties that the
board would encounter, the proximity to the
regular primary elections, all mandate that
this be postponed.
In addition to the postponement, of
course, all terms of the school board members
would be extended for one year.
I have not received letters or
communications from all the school boards, but
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I have received communications from some of
the school boards. No school board has
indicated in any way any opposition to this
bill. And as a matter of fact, the school
boards that have communicated with us have
indicated their support for this bill.
SENATOR HEVESI: Madam President.
THE PRESIDENT: Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President. Would the sponsor please yield?
THE PRESIDENT: Senator Maltese,
do you
SENATOR MALTESE: Yes.
THE PRESIDENT: He yields. You
may proceed, Senator.
SENATOR HEVESI: Thank you.
Through you, Madam President.
I understand the purpose of this
legislation. I intend to support this
legislation. And nobody disputes the
reasoning or rationale behind the need for it.
My question is one of a more broad
or more long-term public policy question,
which is should we really be extending school
board terms in consideration of practical
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problems of implementation that probably could
have been foreseen a number of years ago? I
mean, we knew we were going to be in a
reapportionment year this year and what have
you.
So my question to you is, Senator,
while this is necessary, what is your -- as
the chair of the Senate Elections Committee,
what's your vision as to where we're headed
with school board elections, given the
problems that I think most of us in this
chamber recognize? Where are we headed with
community school boards in New York City?
SENATOR MALTESE: Madam
President, there is legislation being
contemplated, of course, that would change,
certainly, the prerogatives and
responsibilities of the New York City Board of
Education in the City of New York, and they
range from outright abolition to turning all
or most of the powers over to the mayor of the
City of New York.
In addition, contemplated
legislation contains provisions which would
abolish the community school boards.
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I think that in the intervening
time between now and the Election Day for next
year, the Senate Elections Committee, of which
Senator Hevesi is a member, both Democrat and
Republican, will be considering the future of
community school boards, working together with
the mayor of the City of New York and the City
Council and their new speaker, Gifford Miller.
So we'll be taking a serious look at this.
The shortness of time now meant
that we, in agreement with the Assembly, would
do this, enact this stopgap measure. At the
same time, we are taking a serious look at all
the ramifications of continuing school board
elections, continuing the school boards, and
continuing the Board of Education in its
present shape or form.
SENATOR HEVESI: Thank you.
Madam President, on the bill.
THE PRESIDENT: You may proceed,
Senator Hevesi, on the bill.
SENATOR HEVESI: Thank you. Very
briefly, on the bill.
I'm appreciative of the sponsor's
response to that question and hopeful that we
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will in fact do that in the next year, "that"
being really take under consideration what
needs to be done for fixing a system that is
so badly broken that you will find few
advocates of it, to the extent to which we
have come to the point where many individuals
who used to have confidence in the necessity
of a school board election for reasons of its
implementation have now said: You know what?
Forget it. Nobody shows up.
Which, by the way, is a problem
that probably could have been remedied by
having a system that wasn't so -- what's the
right word? -- ridiculous that, to be honest
with you, I will confess I don't really
understand it, the system for electing
community school board members.
That's actually not true. I
understand it after somebody explains it to me
for ten minutes, and then two months later I
forget it again.
And we wonder why nobody shows up
at the school board elections and why is it
that we're holding school board elections in
May and why we didn't have the foresight to
322
prevent holding these elections this
particular year.
Having said that, the broader issue
of whether or not, after the reforms that we
made in 1996, which really took power
justifiably, I believe, took power away from
the local school boards, whether they serve a
place or whether right now they serve merely
to be a distraction to real issues of teaching
in the classroom in the city of New York. And
we alluded today during the joint fiscal
committees, Senate Finance and Assembly Ways
and Means Committee, to the problems of public
school governance in New York City.
So I would suggest that in the next
year at the very least, at the very least we
remedy the election problems of the community
school boards in New York City by holding them
at the same time, by changing their structure
and doing a number of things to make it easier
to boost turnout and do a host of things that
we need to do to make a process palatable if
you're going to even have a system where you
have community school boards, something I
think really doesn't need to exist anymore in
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New York City and something that I hope that
the Senate and Assembly will take up this
year.
The time has come both for the
local community school boards and for the
central Board of Education to be debated
publicly and for action to be taken in terms
of governance for the New York City public
school system.
Thank you, Madam President.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Just on the
bill briefly, Madam President.
This bill affects elections a long
ways away from Rochester, New York, that I
represent. But I've participated in the
debate about the community school boards in
New York City simply because my view is that
despite the practical problems -- and I agree
there are practical problems, Senator Maltese,
that drive this bill -- I just can't vote to
postpone elections.
It seems to me that this is so
antidemocratic in the sense that we have terms
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of elections, we pass those terms, we create
an expectation in the public that they'll be
able to vote for people and change their
choice and alter their choice on a regular
basis.
I understand and appreciate the
practical problems underlying this bill, but
merely because for some reason things can't be
processed fast enough to cover other important
elections doesn't seem to me to be a
sufficient justification to say we're going to
postpone elections.
I don't mean to make any direct
analogies, but I've always read in my lifetime
that -- you read all those stories about those
faraway places that were postponing elections
and, every time they did, somebody in America
would stand up and say, Well, gee, why are
they doing that? What's wrong? Something
must be wrong if they're postponing elections.
I would say if it's wrong to do in
democracies in other parts of the world, it's
not right to do even in New York City.
I appreciate and can understand and
perhaps empathize with the practical problems,
325
but postponing elections just doesn't seem to
me to be the right way to deal with it.
I'll vote no, Madam President.
THE PRESIDENT: Does any other
member wish to be heard?
Senator Lachman.
SENATOR LACHMAN: Yes, Madam
President, I'm going to vote yes on this bill.
Besides the technical problems we
now have with the Board of Elections, I think
a bill involving community school boards must
be considered in an overall framework of the
Board of Education of the City of New York.
And since the mayor and the City
Council president today had certain
recommendations at the Finance Committee
hearing about this, I think it would be unwise
to separate the two and vote yes or no on the
two, because they are related to one another.
So without in any way discussing my
opinions on the subject, I think unfortunately
that won't be an election this year, but
fortunately we'll be able to discuss the
entire educational structure of the city of
New York on this issue.
326
THE PRESIDENT: Does any other
member wish to be heard?
Senator Stavisky.
SENATOR STAVISKY: I couldn't
decide whether I wanted to say something.
I'm going to vote yes on this bill
also. And I think it's important to
remember -- I'm sorry, I was out of the
chamber at a Transportation Committee
meeting -- but approximately 3 percent of the
voters come out to vote in school board
elections. And this has to be part of the
larger package, as Senator Lachman has said,
of the whole question of school governance.
This is an issue which is crying
out for change and for changes for the better.
And so I think this has to be part of the
package, and I vote yes.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
327
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57. Nays,
2. Senators Dollinger and Duane recorded in
the negative.
THE PRESIDENT: The bill is
passed.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President. May we now return to the
reports of standing committees. I believe you
have some committee reports to be read.
THE PRESIDENT: Reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator McGee,
from the Committee on Alcoholism and Drug
Abuse, reports:
Senate Print 5476A, by Senator
Fuschillo, an act to amend the Vehicle and
Traffic Law and the Penal Law;
6120, by Senator Saland, an act to
amend the Vehicle and Traffic Law.
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Print 763, by Senator
328
Trunzo, an act to amend the Vehicle and
Traffic Law;
860, by Senator Balboni, an act to
amend the Vehicle and Traffic Law;
1237A, with amendments, by Senator
Trunzo, an act to amend the Vehicle and
Traffic Law;
1854, by Senator Maltese, an act to
amend the Vehicle and Traffic Law;
4388, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
4669, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law;
And 6264, by Senator Johnson, an
act to amend the Vehicle and Traffic Law.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills ordered direct to third
reading.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, is there any housekeeping at the
desk?
THE PRESIDENT: No, there isn't,
329
Senator.
SENATOR MARCELLINO: Therefore,
at this time, Madam President, on behalf of
Senator Bruno, I hand up the following
committee changes and ask that they be filed
in the Journal.
THE PRESIDENT: The committee
changes are received, and they will be filed
in the Journal, Senator.
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, I believe the Minority Leader,
Senator Connor, has handed up to the desk a
series of changes in the leadership positions
in the Democratic conference. I'd ask that
those be filed as part of the records of the
Senate.
THE PRESIDENT: They have been
received and will be filed in the Journal.
Senator Marcellino.
SENATOR MARCELLINO: Madam
President, at this time, there being no
further business before the house, I move we
adjourn until Tuesday, January 29th, at
11:00 a.m.
330
THE PRESIDENT: On motion, the
Senate stands adjourned until Tuesday,
January 29th, at 11:00 a.m.
(Whereupon, at 3:57 p.m., the
Senate adjourned.)