Regular Session - February 26, 2002
776
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 26, 2002
11:06 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
I ask everyone present to please
rise and join me in the Pledge of Allegiance
to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, February 25, the Senate met pursuant
to adjournment. The Journal of Saturday,
February 23, was read and approved. On
motion, Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Senator Skelos.
SENATOR SKELOS: Mr. President,
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there will be an immediate meeting of the
Finance Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Finance Committee in
the Senate 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 Larkin,
from the Committee on Racing, Gaming and
Wagering, reports:
Senate Print 2656A, by Senator
Larkin, an act to amend the General Municipal
Law;
3764, by Senator Larkin, an act to
amend the General Municipal Law;
3765, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
3896, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
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And Senate Print 4319, by Senator
Larkin, an act to amend the Racing,
Pari-Mutuel Wagering and Breeding Law.
Senator Rath, from the Committee on
Local Government, reports:
Senate Print 1428, by Senator
LaValle, an act to amend the General Municipal
Law;
1430, by Senator LaValle, an act to
amend the Town Law;
1456A, by Senator Rath, an act to
amend the Real Property Tax Law;
2405, by Senator Seward, an act to
repeal Section 4 of Chapter 668;
2540, by Senator Leibell, an act in
relating to maintaining;
2590, by Senator LaValle, an act to
amend Chapter 246 of the Laws of 1916;
2672A, by Senator Nozzolio, an act
to amend the General Municipal Law;
3222, by Senator Maziarz, an act to
amend the General Municipal Law;
3266, by Senator LaValle, an act to
amend the Town Law;
3267, by Senator LaValle, an act to
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amend the Town Law;
3421, by Senator Rath, an act to
amend the Real Property Tax Law;
4195, by Senator Volker, an act to
amend the General Municipal Law;
6051, by Senator Rath, an act to
amend the Town Law;
6106, by Senator Morahan, an act to
amend the Volunteer Firefighters Benefit Law;
6139, by Senator Maziarz, an act to
authorize;
And Senate Print 6195, by Senator
Leibell, an act to amend Chapter 742 of the
Laws of 1971.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills reported directly to
third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
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believe there are substitutions at the desk.
If we could make them at this time.
ACTING PRESIDENT MEIER: Yes, we
can.
The Secretary will read the
substitutions.
THE SECRETARY: On page 15,
Senator Maziarz moves to discharge, from the
Committee on Transportation, Assembly Bill
Number 3509 and substitute it for the
identical Senate Bill Number 3701, Third
Reading Calendar 165.
And on page 19, Senator Kuhl moves
to discharge, from the Committee on Education,
Assembly Bill Number 8779A and substitute it
for the identical Senate Bill Number 6122,
Third Reading Calendar 207.
ACTING PRESIDENT MEIER:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could adopt the Resolution Calendar in
its entirety.
ACTING PRESIDENT MEIER: The
question is on the adoption of the Resolution
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Calendar. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Those
opposed, nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted in its
entirety.
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
65, by Senator Meier, Senate Print 1447A, an
act to amend the Domestic Relations Law, in
relation to notification concerning orders of
support.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
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January.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
122, by Senator Skelos, Senate Print 126, an
act to amend the Civil Practice Law and Rules,
in relation to the time to take an appeal.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
125, by Senator DeFrancisco, Senate Print 430,
an act to amend the Criminal Procedure Law, in
relation to access to sealed records.
ACTING PRESIDENT MEIER: Read the
last section.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
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THE SECRETARY: Calendar Number
128, by Senator Lack, Senate Print 2015, an
act to amend the Penal Law, in relation to
definitions of criminal enterprise.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
133, by Senator Marcellino, Senate Print 781,
an act to repeal Title 17 of Article 23 of the
Environmental Conservation Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
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(The Secretary called the roll.)
THE SECRETARY: Ayes, 36. Nays,
1. Senator Gentile recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
134, by Senator Saland, Senate Print 3917, an
act to amend Chapter 748 of the Laws of 1991
amending the Environmental Conservation Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
149, by Senator Leibell, Senate Print 5082, an
act to amend the Highway Law, in relation to
the designation of the "Sergeant Albert
Ireland Memorial Highway."
ACTING PRESIDENT MEIER: Read the
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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, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
206, by Senator Bruno, Senate Print 6292, an
act to amend Chapter 987 of the Laws of 1971.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 37.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
207, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
787
8779A, an act to amend the Education Law, in
relation to requiring.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Skelos, that completes the
reading of the noncontroversial calendar.
SENATOR SKELOS: Mr. President,
if we could go to the controversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
122, by Senator Skelos, Senate Print 126, an
act to amend the Civil Practice Law and Rules,
in relation to the time to take an appeal.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Skelos, an explanation has been requested of
Calendar 122 by Senator Paterson.
SENATOR SKELOS: Thank you, Mr.
President.
Senator Paterson, this proposal
amends the CPLR to provide that an appeal of
an order or judgment may be taken before the
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order of judgment is entered.
Under the current statutes, as
applied in some counties, the clerk will not
accept the notice of appeal for filing until
formal entry of the order or judgment has been
made and is in the computer.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: The
explanation is satisfactory, Mr. President.
ACTING PRESIDENT MEIER: Does any
other Senator wish to be heard on the bill?
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 36. Nays,
1. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
125, by Senator DeFrancisco, Senate Print 430,
an act to amend the Criminal Procedure Law, in
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relation to access to sealed records.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could lay
it aside temporarily.
ACTING PRESIDENT MEIER: Lay the
bill aside temporarily.
THE SECRETARY: Calendar Number
207, substituted earlier today by the Assembly
Committee on Rules, Assembly Print Number
8779A, an act to amend the Education Law, in
relation to requiring certain public school
facilities.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Kuhl, an explanation has been requested of
Calendar 207 by Senator Paterson.
SENATOR KUHL: Thank you, Mr.
President.
This is a proposed piece of
legislation that would require every school
district in this state which has the capacity
of having 1,000 people within one of its
buildings to have a defibrillator on the
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premises. Defibrillators are a new
technological piece of equipment, medical
equipment, that can terminate cardiac arrest
and restore a person's heartbeat and actually
bring them from death back to life.
We have had several instances in
this state where young people -- had one most
notably down on Long Island, where a young man
was playing lacrosse, totally physically fit,
no apparent problems healthwise, was a
cocaptain -- a freshman -- of the varsity
lacrosse team, played the position of goalie,
took a shot on goal, normal, blocked it with
his chest, had a chest protector on, but
picked the ball up after he blocked the goal,
took two steps, fell to his knees and died.
The general medical philosophy is
that had a defibrillator been there, that that
boy would be alive today and playing as a
junior in high school, leading his team to
victory.
We've had several instances like
that where you have had young people caught in
the middle of a normal heart rhythm with some
sort of a blow -- either a football, an elbow
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from a basketball game -- and their heart has
stopped.
So this is a proposal that would
require school districts to have this piece of
equipment on the premises. In my opinion,
every school district should have one now, but
they don't. It's a relatively insignificant
cost; we're told that anywhere from $1500 to
$3,000 per piece.
This bill would require every
school district which, as I said, has a
building that has a capacity of a thousand
students or people within it, to have one on
the premises and to provide the appropriate
training to one individual when in fact there
was that event being held.
So that training, we're told, is
relatively insignificant. It's provided in -
can be provided with an additional 15-minute
training span along with the normal CPR kind
of training that's administered to anybody who
wishes to be certified CPR-qualified.
So that's the essence of what the
bill is. It is -- is it a mandate?
Absolutely, Senator, it is. But it's a
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mandate that we think will save lives of our
young people.
And certainly this chamber has led
the forefront, if you will, of providing
quality safety in our schools. You may
remember we passed a bill last year that dealt
with providing protection for schools in the
potential threat of terrorism that we've all
really been confronted with in this last year.
This is certainly not anticipated
to be a terrorist event, but it is an event
that could essentially threaten the safety of
many of our young people.
So is it a mandate? Again, yes, it
is a mandate. But it's a mandate that we
think is well within the acceptability and
ability and affordability of any school
district to provide.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Kuhl would yield for a question.
ACTING PRESIDENT MEIER: Senator
Kuhl, do you yield for a question from Senator
Paterson?
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SENATOR KUHL: I'd be happy to.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: Senator, I am
very much compelled by your explanation and
the substance of the bill itself. Many of the
parents who evoked their feelings at the
committee meeting yesterday I think just give
more credence to the fact that this is a great
thing we should be doing.
My question just is about cost.
And if it is a mandate, at some point we're
going to have to come up with the funding for
it. And as the bill is being passed right
now, it doesn't actually exist, to my point of
view.
And so I'm really just trying to
elicit from you what the plan is to make sure
that we will have the resources in our
upcoming budget that you know we will pass on
April 1st this year, and we will hopefully be
able to say to these parents and to all the
school districts around the state that not
only have we acceded to their request and feel
moved by this great idea, but that we'll have
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the revenues to actually finance it.
SENATOR KUHL: Senator, I don't
know as we know at this moment what the
projected total cost would be for immediate
implementation. The definition, as I
indicated to you, requires a defibrillator to
be on school premises when in fact there is a
capacity of a facility to house a thousand
people.
Now, that thousand people doesn't
necessarily refer to students alone.
Students, administrators -- it could be
janitorial staff, it could be visitors to the
facility.
So it deals upon capacity. And I
don't think that we have any statistics right
now that indicate to us how many buildings
that is.
But I know that you don't want me
to incur the wrath of those people who resist
mandates alone. So I would say to you,
Senator, as I've said to the people in the
committee, this is not a partisan bill. This
is not a Majority Conference program bill. If
you were to put in front of me a form, as
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Senator Larkin has, asking to be a cosponsor
of this bill, requesting you to be a cosponsor
of that bill, I would sign that immediately.
This is a bipartisan bill. It's
open to all the members of your conference,
should you wish to become cosponsors. And I
welcome you sharing in the responsibility that
will be incurred as a result of passing this
legislation.
Now, I was told by John and Karen
Acompora, who are the parents, the people who
lost a son, which really has kind of been the
catalyst for this bill -- their son Louis was
the young man that I talked about. And they
have told me, as they've traveled around the
country, that they've seen the cost of each
individual device being as low as $1,400.
Particularly in an instance when
Pennsylvania adopted similar kinds of
legislation or requirements for each school
district to provide defibrillators, that they
did a state bid and state purchase for all of
their school districts.
So I anticipate that if you look at
the statistics, that there are roughly 3,000
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facilities that could potentially qualify
under this mandate, and you had a $1,500
expense, that you're looking somewhere around
the cost of $4.5 million statewide to
implement this process. I think that's well
within our means, to provide that funding over
the next year.
Now, I also should say to you,
Senator, that this bill admittedly has some
question as to the definability of its mandate
on school facilities. There's some question
as to who actually will be required. In some
cases, it's clear, but in some cases it's not
because of the way that the mandate has been
delivered.
So we will be following this bill
up with a chapter amendment, which I expect to
hit the floor of this house within the next
two weeks -- certainly by the time of
March 27th, when we adjourn after having
adopted a budget -- that will in fact mandate
that every school district and every school
facility, all 3,000 buildings in the state,
have a defibrillator available to be utilized.
I don't want to be in the position
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of having cast a mandate that doesn't provide
the protection to every one of our students in
every one of our facilities in this state. I
think that is absolutely essential.
And $4.5 million for a one-time
expense seems just infinitely small when you
talk about the loss of a life, as John and
Karen Acomporo have suffered with their son
Louis being lost when it wasn't necessary.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
Senator Kuhl is correct, this bill is not a
partisan bill. It has passed the Assembly.
It's something that we saw happen to some of
our neighbors, that the anxiety and fear
elicited is one that all of us who are parents
would fear could actually happen.
I know I was involved in an
accident when I was in school, years ago, of
far less circumstances, but there was a lot of
injury, and we didn't have a school nurse on
the premises at the time. And sometimes,
unfortunately, it takes an incident like this
to get us to act.
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I just wanted to clear up or at
least put on the record that -- the need for
us to make sure that the financing will be
there, and Senator Kuhl has been very
persuasive.
I've been here 17 years; I have
never been offered cosponsorship by one of my
colleagues in this chamber during the
discussion of a bill. And I am not going to
let this opportunity go to waste.
So, Senator Kuhl, I have filled out
the buck slip and I am going to come over and
put it in your hands right now.
Thank you, Mr. President.
SENATOR KUHL: I'll take that
right out of your hand.
SENATOR PATERSON: Oh, he came to
me.
ACTING PRESIDENT MEIER: Does any
other Senator wish to be heard on the bill?
SENATOR MONTGOMERY: Yes.
SENATOR PATERSON: I am flattered
beyond belief. This is a moment -- where is
the Senate photographer?
(Laughter.)
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ACTING PRESIDENT MEIER: Just a
second. The Senate photographer is here.
We'll memorialize the moment.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President. I just wanted to make a comment on
this legislation.
I voted in committee without
recommendation, and I'm certainly not opposed
to this legislation. I think it's good, it
makes a lot of sense. I just did have a
question for Senator Kuhl as to why -
ACTING PRESIDENT MEIER: Are you
asking Senator Kuhl to yield for a question?
SENATOR MONTGOMERY: Yes.
ACTING PRESIDENT MEIER: Okay.
Senator Kuhl, do you yield to a question from
Senator Montgomery?
SENATOR KUHL: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR MONTGOMERY: Yes, Mr.
President, through you.
I think that Senator Kuhl has
already answered this question, but just to be
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certain. I wondered why it only referenced
schools with 1,000 or more, which essentially
means that it's only New York City, as far as
I can tell, or basically New York City which
would be under the mandate to do this, as
opposed to other schools in other parts of the
state. And therefore, we pay the price first.
So I don't know why it is that you
just restricted this to 1,000 or more.
ACTING PRESIDENT MEIER: Senator
Montgomery, excuse me a moment.
There's a bill before the house.
We're trying to conduct a debate. Could we
have some order in the chamber, please.
Senator Montgomery.
SENATOR MONTGOMERY: I just
wanted to find out from Senator Kuhl why we in
New York City, primarily, where we have so
many schools with more than a thousand, that
we would be hit the hardest initially with
this legislation in terms of being required -
schools being required to do this.
SENATOR KUHL: Senator, I think
you're probably mistaken in the intention to
direct this mandate, if you will -- and I
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don't like using the word "mandate," but
I'll -- and I won't. I'll use "this
directive" to school superintendents, to
actually fill this void that exists.
The language of the bill talks
about, specifically -- and I was not the
original drafter. Assemblyman Weisenberg was
the original drafter. He brought the bill to
me, asked me if I would cosponsor it. I said
"Absolutely, I'd love to cosponsor it." So I
have. So I can't claim initial authorship of
the language.
But the language of the bill talks
about school facilities, quote, unquote, in
the bill, school facilities that have a
capacity of a thousand or more.
Now, I can tell you that every one
of -- with the exception of maybe one or two
of the schools in my area of the state, and
many of them don't have a student population
larger than a thousand -- but every one of
them have a gymnasium or an auditorium or a
soccer field or a football field that has a
capacity greater than a thousand.
So this bill would apply to them.
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So it's not aimed at New York City, it's aimed
at a size facility.
Now, if you have a school district
like the Border City School District, which is
just outside Geneva, New York, which has 82
students, it probably is not going to apply.
But for all of the other
facilities, whether they're 300, 500, 700 -
which was most of the school districts in the
state -- and I would guess this bill probably
applies to 80, 90 percent of the schools
because of that language, school facilities
which have a capacity of a thousand or more.
So I think you're mistaken to
interpret that to mean that it only will apply
to New York, because I think it applies to
practically every school district in the
state.
But we're not going to rest at that
point. We're going to change the chapter
amendment to make sure that there is no
question about who it applies to and in what
circumstances, just specifically say in a
chapter amendment that every school building
will have a defibrillator, and that will
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eliminate any question of how who it applies
to and who it doesn't. Okay?
SENATOR MONTGOMERY: Okay. Thank
you, Senator Kuhl.
Mr. President, I accept Senator
Kuhl's explanation. I still obviously do have
some reservations, because once again it will
be New York City that will bear the initial
burden of fulfilling this mandate at a time
when we are least able to take on any new
responsibilities that cost money.
However, it's a good idea, and I am
going to vote yes on this legislation.
ACTING PRESIDENT MEIER: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Mr. President.
I came in very late in the
discussion. And I just came from the
Westchester delegation's meeting, and one of
the items, as I walked out of the room, was
the concern that they were expressing about
having to implement mandates without any state
support. And because I am very supportive of
those concerns on the part of our mayor, I
804
certainly would not want to put undue burden
on our cities.
However, I also, having come out of
a health background, understand how hard our
fire department and some of our ancillary
support services have been trying to provide
these kinds of defibrillators because of the
kind of lifesaving device that they are.
For me it becomes more important to
ensure that this is available to anyone who
may become in need and in distress. And it is
a burden that unfortunately we will have to
bear and we will just have to look at ways
that we can support it in our local
communities.
But it is certainly something that
I could not possibly vote against.
ACTING PRESIDENT MEIER: Senator
Alesi.
SENATOR ALESI: Thank you, Mr.
President. On the bill.
I'd like to commend Senator Kuhl as
the sponsor of this bill, and also as a proud
cosponsor of this bill. But I would also like
to enlarge on the entire concept of why these
805
automatic defibrillators are essential in
today's society.
First of all, they're
state-of-the-art technology that we know are
vitally important in saving lives. But what
most people probably don't know is that this
is only one of four elements in what is called
the "chain of survival."
This month, in February, we focus
on heart health. The American Heart
Association has sponsored this "chain of
survival." And I would like to, for the
record, call everyone's attention to the
elements of this.
The first, of course, if someone is
in cardiac arrest, the first most important
thing to do is to call 911. The second most
important thing to do is to perform CPR.
Then, thirdly, for those qualified, to apply
automatic defibrillation. And, fourthly, to
get advanced care. Which means advanced life
support and/or the hospital.
First and foremost, however, I
would like to say that 911 is essential.
I'm saying this because I've had
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two occasions within a six-month period to
come upon people who have had cardiac arrest.
In the first instance, the victim
unfortunately was down for more than ten
minutes. And although I and others tried to
revive him, it wasn't possible because of the
amount of time that he was down. In the
second instance, we were more fortunate.
The point I'd like to make here is
that there wasn't anybody there, in a crowd of
over a thousand people, that could
effectively, on the first victim, perform CPR,
nor was there in this convention center an
automatic defibrillator, which, if there had
been, it might very well have saved this
person's life. And while he wasn't a young
person -- he was in his fifties -- it points
out the importance of immediate treatment.
And I'd like to continue. What
Senator Kuhl is doing I say is a very
essential piece of dealing with cardiac
arrest. And I've pointed out that it is only
one of four major steps that have to be taken
in the chain of survival.
But let me also point out that as a
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cosponsor of this bill, I'm also a sponsor of
a bill that requires automatic defibrillators
to be in any place that can accommodate a
thousand people, not just schools.
I and many of my colleagues here
cosponsored a bill that was sponsored by our
good friend Senator Roy Goodman last year that
provided tax credits for private enterprises
that bought their own automatic
defibrillators.
I'm also a sponsor of a bill that
hopefully will go through the Education
Committee this year, as it did last year, that
requires, in every high school in New York
State, that students, either in their health
classes or in their physical education
classes, be taught CPR. Now, this would not
be a requirement for graduation, but it would
be a requirement for those two classes.
And why would we want to put this
imposition on people in our high schools?
Some would call it a mandate. Unfortunately,
the Assembly did not pass this bill last year
because the Assembly Education Committee said
that requiring high school students to learn
808
CPR is a mandate.
And there are costs associated. My
good friend and colleague Senator Paterson
asked about the cost. I think the answer is
that the cost of one life is surely worth
that.
But if I go back to the chain of
survival -- and I'm sure I have everybody's
attention here today, because this is such a
vitally important issue -- that in the city of
Seattle, where there was a concentrated effort
for public education when it comes to CPR and
the chain of survival, the survival rate for
cardiac arrest went from a national average of
5 percent to 25 percent. In other words, it
went from one in 20 that survive to four.
Now, I'd like to say that, Senator
Kuhl, I applaud you for your efforts. But I
would also like to say to this honorable body
and our colleagues across the building in the
Assembly that this is just one single piece of
what has to be done in addressing cardiac
arrest. We have the technology available
through automatic defibrillators. But the
second most important thing in the chain of
809
command after calling 911 is CPR.
And without all of those things and
without the public education, without support
of the Education Committee chairman with the
defibrillator bill, we can't go from a one in
20 to a one in four survival rate.
And I believe that this year the
maximum effort should be put forth by both
houses and by the Governor to have a
comprehensive approach to educating people in
this state, starting in the high schools, to
perform CPR, to understand the chain of
survival and to, yes, use automatic
defibrillators, not only in schools but in
every public place.
And, as we have already done, shown
support to Senator Goodman's bill by providing
tax incentives for those private enterprises
that, by the way, have already taken the lead
in providing automatic defibrillators because
they understand that they are lifesaving
devices and can be used pretty much by
everyone.
Behind me there are some students
from Henrietta, which is a school in my
810
district. These are exactly the kind of
people that would benefit from learning CPR,
learning how to use AEDs, and understanding
the chain of survival. In welcoming them
here, I would use them as an example of those
ambassadors for good health that could be in
our communities.
So that when someone comes upon
someone in cardiac arrest, as I have done
twice in my life, they won't encounter a group
of 500 or 1000 people or even a couple of
dozen people that don't know what to do, that
simply don't know what to do, that could save
a life, that could improve the survival rate
from 5 percent to 25 percent.
Senator Kuhl, I'm proud to
cosponsor your bill. I applaud you. But I
would implore all of my colleagues here to
look at a much more comprehensive approach
that embraces the chain of survival. First of
all, calling 911 before anything, learning and
being able to administer CPR, using automatic
defibrillators and getting advanced life
support and/or hospital.
Thank you very much.
811
ACTING PRESIDENT MEIER: Senator
Malcolm Smith.
SENATOR MALCOLM SMITH: Thank you
very much, Mr. President.
And I am -- actually, I'm glad you
called me at this point, because I was a
little distracted when I noticed my colleague
Senator Gentile was sitting in Chairman
Stafford's seat. I was a little concerned.
But now that he's informed me that it was he
was talking to his colleague and not to worry,
I can go on with my comments.
Just briefly, Senator Kuhl's
bill -- you know, it's interesting we -- when
I first came to the chambers, I heard a lot of
discussion around unfunded mandates. And I
believe Senator Alesi said it best, what is
this particular unfunded mandate in terms of
cost relative to a person's life.
And I have in my district, in some
unpublicized moments, had a couple of
youngsters who have fell prey to having a
cardiac arrest and obviously did not survive.
And I can tell you that it's probably one of
the most heart-wrenching things to talk to a
812
parent or talk to someone who felt as though
something could have been done or should have
been done, only if.
And so I would say to Senator Kuhl
that while this may be an unfunded mandate, I
would hope that the obligation of each and
every person in this particular chamber, the
Governor, and the Assembly understands that
there are priorities in life. And clearly
this is one of them that needs to move from
the point of being an unfunded mandate to one
which we put the type of financial resources
behind it.
I am enjoying supporting this bill.
I believe my office has already buck-slipped
it. If they have not, then somebody will be
on probation. But it should have occurred
already. And I am just looking forward to the
passage of this and having the Governor sign
it.
ACTING PRESIDENT MEIER: Senator
Brown.
SENATOR BROWN: Thank you, Mr.
President.
I too would like to commend Senator
813
Kuhl on this piece of legislation.
We had the opportunity to discuss
this bill in the Education Committee meeting
yesterday. And I'm hoping that I'm not being
redundant, but I come from Buffalo and Niagara
Falls, as you know. And the school districts
in Buffalo and Niagara Falls are school
districts that are in some financial
difficulty. I think Buffalo next year will be
looking at a $20 million deficit.
So certainly I'm very concerned
about the cost of things that this body does
and passing those costs along to school
districts and local governments.
But Senator Kuhl had a family, a
husband and wife that lost their 14-year-old
son in the Education Committee meeting
yesterday. That 14-year-old was a lacrosse
player. And, Senator Kuhl, I don't know if
I'm repeating something you've already said.
That 14-year-old was a lacrosse player, a
healthy young man, playing in a lacrosse game
with a chest protector on. And he blocked a
lacrosse ball with the chest protector, took
two steps, and then fell to the ground in
814
cardiac arrest.
And there was no automated external
defibrillator present to be able to assist him
in what occurred to him physically. Had there
been one of these units present during that
game, that young man probably would not have
lost his life. That healthy 14-year-old
athlete would still be with us today.
I have to tell you it was very
heart-wrenching for me to listen to the family
not only recount the story of what happened to
their young son but also to hear about their
crusade around the state bringing the message
of what happened to their son to other
communities and to other parents so that the
potential of this kind of incident not happen
to any other young person in communities
around the state.
So the question is what kind of
price do you place on a life. I know that,
you know, budgets are tough in school
districts probably all across the state of
New York. But if this legislation saves one
young person whose heart stops during athletic
competition or whose heart stops just walking
815
down a hallway in school, then this is
legislation that to me is worth everything
that we do today.
I am very happy to support this
legislation, and I really want to thank
Senator Kuhl for offering the opportunity for
any of us who would like to join him as a
cosponsor of this bill in being able to do so.
I will be buck-slipping onto the bill, and I
urge other colleagues to do the same.
Thank you, Senator Kuhl.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, there will be an immediate meeting
of the Energy Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE: There
will be an immediate meeting of the Energy
Committee in the Majority Conference Room.
Any other Senator wishing to speak
on the bill?
Hearing none, the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
816
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Announce
the results.
THE SECRETARY: Ayes, 55. Nays,
1. Senator Meier recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Marchi.
SENATOR MARCHI: Madam President,
I request unanimous consent to have -- on the
Calendar Number 133, Senate 781, that I be
recorded in the negative.
ACTING PRESIDENT McGEE: Without
objection.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I request
unanimous consent to be recorded in the
negative on Calendar 122, Senate Print 126.
ACTING PRESIDENT McGEE: Without
objection.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
817
President, would you please take up Calendar
Number 125.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
125, by Senator DeFrancisco, Senate Print 430,
an act to amend the Criminal Procedure Law, in
relation to access to sealed records.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT McGEE: Senator
DeFrancisco, an explanation has been
requested.
SENATOR DeFRANCISCO: This allows
for an exception to the general rule that if
records are sealed -
ACTING PRESIDENT McGEE: Senator
DeFrancisco, will you suffer an interruption.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, could we have the last section read
for Senator Smith to record his vote.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
818
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Smith.
SENATOR MALCOLM SMITH: Yes, I'd
just like to request unanimous consent to be
recorded in the negative on Calendar Number
125. I have to leave the chambers, and I
appreciate that accommodation.
ACTING PRESIDENT McGEE: So
recorded.
Withdraw the roll call.
Senator DeFrancisco.
SENATOR DeFRANCISCO: This bill
provides for an exception to the
unavailability of information about sealed
records.
And basically what it says is for
certain professions, upon extraordinary
circumstances being shown and notice given to
the individual whose records are sought to be
reviewed in a terminated criminal proceeding,
a court could authorize the review of the
records of an attorney, a doctor, a dentist, a
819
member of the pharmacy industry, nursing, or
any other school district, for the purposes of
determining whether or not there should be
disciplinary proceedings or suspension
proceedings concerning their license.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Madam
President, if Senator DeFrancisco would yield
for a few questions.
ACTING PRESIDENT McGEE: Senator
DeFrancisco, will you yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Senator, I
think the determination of records being
sealed is something that's kind of subjective
in the first place.
And then the further determination
of an extraordinary circumstance where we
would actually rescind our first action and
now reveal the records is something that in my
opinion is hard to fathom what that
circumstance would actually be, extraordinary
820
as it might have been.
Because to seal records in the
first place, what we are really saying is that
this type of offense was not something of a
nature of or was there any pattern of conduct
that we need to know anything actually further
about it.
And so I just, on the face, want to
make it clear that I have a problem with the
legislation.
My question is, do the records
relate to any conduct that the doctor or
lawyer or any of the other professions that
have been mentioned may have performed while
they were a youth?
SENATOR DeFRANCISCO: Well,
therein lies the discretion of the court.
It would seem to me if there was a
sealed record and the person seeking the
records attempts to obtain information that
really is irrelevant to the practice of their
profession, and it's happened when they were a
youth, it would seem to me that any court
using that standard of extraordinary
circumstances would recognize that this
821
happened before the person was even licensed
to practice that profession.
And to suggest that something that
happened before the licensing was relevant to
a determination about discipline or suspension
would not fit in those extraordinary
circumstances.
SENATOR PATERSON: Thank you,
Madam President. If Senator DeFrancisco would
yield for one last question.
ACTING PRESIDENT McGEE: Senator
DeFrancisco, do you continue to yield?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT McGEE: The
Senator yields.
SENATOR PATERSON: Madam
President, we have a memo here from the Trial
Lawyers Association, and they seem to find
this type of action to be somewhat arbitrary.
I'm wondering if Senator
DeFrancisco would at least recognize the fact
that there's almost -- while I would not
necessarily call it a double jeopardy, but
certainly a double certainty that an action
taken at one time in someone's life would
822
actually bring them under scrutiny two times.
SENATOR DeFRANCISCO: First of
all, I am a lawyer and a trial lawyer. So I
don't openly look to dispute what their
opinions are.
However, when you're drawing a bill
like this, it's a matter of balancing various
things. And it seems to me when you're
talking about the medical profession and the
legal profession and teachers who may be
dealing with our children, that there's an
interest that at least ought to be balanced in
disciplinary or suspension proceedings to take
into account a serious incident for which -
which may have some relevance in whether that
person should continue to practice their
profession.
So obviously any bill where you're
trying to balance competing interests, you
could fall on either side of it depending upon
what your personal beliefs are. It's just my
opinion that we have to protect those people
that could be affected by people who have
state licenses, and this is a way that at
least information has a chance to be
823
disclosed, but they've got to prove
extraordinary circumstances.
So I just strike the balance in a
different spot than maybe you do.
ACTING PRESIDENT McGEE: Senator
Paterson.
SENATOR PATERSON: Thank you,
Madam President. On the bill.
It's my opinion that it's an
extraordinary circumstance that compels the
court to seal records in the first place.
That an individual who is put in the position
of being allowed by our society to in a sense
wipe the record clean on some action that they
took that otherwise would be illegal and
otherwise would even be punishable, is because
this person's record has been such that this
is something we don't want to burden them
because it's an action that's out of the
ordinary for them, or it's just an action that
of and in itself was not something that was
particularly injurious to society.
So I think that we have to be very
scrupulous in our care of allowing for records
to be sealed in the first place.
824
Having said that, I don't know if
the distinction of the profession of the
violator necessarily should impact upon the
sealing of the records after the fact as it
should be before the fact.
So post hoc, ergo propter hoc, I
don't think that there's any reason to seal
records if, even at the time of the judge's
final sentencing or the decision to remove
this material from the record, that that
information itself needs to be reviewed at
that particular time. And if the records are
then sealed, then I would feel that just about
any citizen is pretty much on an equal balance
at that time.
ACTING PRESIDENT McGEE: Any
other Senator wishing to speak on the bill?
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Announce
the results.
825
THE SECRETARY: Those recorded in
the negative on Calendar Number 125 are
Senators Andrews, Connor, Duane,
Hassell-Thompson, Ms. Krueger, Montgomery,
Paterson, and Senator M. Smith. Ayes, 49.
Nays, 8.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, may we return to motions and
resolutions. I believe there's a privileged
resolution by Senator Morahan at the desk.
May we have the title read.
ACTING PRESIDENT McGEE: The
Secretary will read.
SENATOR FUSCHILLO: By Senator
Morahan, Legislative Resolution Number 4188,
paying tribute to the life of Reverend
Stanislaus P. Jablonski, distinguished citizen
and devoted member of his community.
ACTING PRESIDENT McGEE: On the
resolution, all in favor signify by saying
aye.
(Response of "Aye.")
826
ACTING PRESIDENT McGEE: Those
opposed, nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, there's a privileged resolution at
the desk from Senator Hassell-Thompson. May
we have the title read and move for its
immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Hassell-Thompson, Legislative Resolution
Number 4064, congratulating Lisa A. Copeland
upon the occasion of being awarded the
International Institute of Municipal Clerks
designation of Certified Municipal Clerk.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President.
I rise to congratulate Lisa
Copeland on a significant piece of work. Lisa
827
is the only clerk in the County of
Westchester -- and we think one of two in the
State of New York -- to have such an
International Institute of Municipal Clerks
designation.
And as a young woman of 32 years
old, who has given a lot of herself to her
community and to the work that she does, I am
more than pleased to ask my colleagues to join
me in the signing and support of this
legislation supporting this young woman today.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Hassell-Thompson.
Senator Paterson.
SENATOR PATERSON: Well, Madam
President, it was through the auspices of
Senator Ruth Hassell-Thompson that I met
Ms. Copeland a couple of years ago, and have
noticed her efforts and her work as a clerk in
City of Mount Vernon. But also as a citizen
of the City of Mount Vernon, she is truly
outstanding and deserves international
recognition. As I do, but I've never gotten
it.
828
So I'm very happy for her.
ACTING PRESIDENT McGEE: Thank
you, Senator Paterson.
Any other Senator wishing to speak
on the resolution?
All in favor of adopting the
resolution signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
May we return to reports of
standing committees. I believe there's a
report of the Finance Committee at the desk.
ACTING PRESIDENT McGEE: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following nominations:
829
As Commissioner of the Interstate
Environmental Commission, Gerard Kassar, of
Brooklyn.
As members of the Veterans' Affairs
Commission, Anthony M. Bonarti, of Cortland,
and Patrick Devine, of the Bronx.
As a member of the Advisory Council
on Agriculture, Charles E. Wille, of
Montgomery.
And as a member of the Board of
Visitors of the New York State Home for
Veterans and Their Dependents at Montrose,
William Rizzuto, of Dobbs Ferry.
ACTING PRESIDENT McGEE: On the
question of the confirmations, all in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Senator
Gentile.
SENATOR GENTILE: Yes, Madam
President. I'd just like to speak on one of
the nominations, if I might.
ACTING PRESIDENT McGEE: Senator
Gentile.
SENATOR GENTILE: Yes, I just
830
would like to congratulate again the Governor
for the reappointment of Gerard Kassar, of
Brooklyn, for the Interstate Environmental
Commission.
Gerry Kassar is well qualified,
he's been on this commission, he knows the
work very well, he's been very dedicated to
it. He knows government very well from his
work in the New York State Assembly. And he
knows politics very well. He knows the
operation of government.
Indeed, I consider Gerry Kassar a
friend. And one day soon, although he doesn't
believe it -- he's the chairman of the Kings
County Conservative Party -- one day soon I
will convince him that my views and his views
are more closely aligned than he thinks.
So nevertheless, I congratulate
Gerry Kassar. And maybe one day soon we'll
see eye to eye on our Conservative Party
views.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Gentile.
The above-named appointees are
831
confirmed.
Senator Fuschillo.
SENATOR FUSCHILLO: The Secretary
will read.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As Chairwoman of
the Consumer Protection Board, May M. Chao, of
New York City.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President. I rise enthusiastically to
support this nomination.
But before I do, I want to
compliment Senator Gentile on becoming a
conservative on the floor of the Senate.
(Laughter.)
SENATOR FUSCHILLO: I welcome you
to the right side of the aisle and wish you
the best in your new political career.
But getting back to May Chao, the
committee has met and unanimously endorsed her
and moves the nomination.
She is a graduate of Wellesley
832
College and Harvard Business School. She
brings vast private and charitable experiences
to state government. I want to commend
Governor Pataki on this fine nomination.
And I offer her and extend all the
courtesies of the Senate and wish you the best
of luck in your new position.
Congratulations.
Thank you, Madam President.
ACTING PRESIDENT McGEE: On the
confirmation of May Chao as Chairwoman of the
Consumer Protection Board, all in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
confirmation is approved.
The chamber will take this
opportunity to welcome May Chao here. And
with May Chao today is her father and mother
and her husband.
And we welcome you and we say best
wishes to you on your appointment to the
833
Consumer Protection Board.
(Applause.)
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As Commissioner
of the Criminal Justice Services, Chauncey G.
Parker, IV, of New York City.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, will you lay that aside temporarily
while we're waiting for Senator Nozzolio to
come into the chambers.
ACTING PRESIDENT McGEE: The
confirmation is laid aside temporarily.
SENATOR FUSCHILLO: Thank you.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports:
Senate Print 5608B, by Senator
LaValle, an act to amend the Education Law;
5611C, by Senator Stafford, an act
to amend the Executive Law and the Estates,
Powers and Trusts Law;
834
And Senate Print 5786, by the
Senate Committee on Rules, an act making an
appropriation.
Senator Wright, from the Committee
on Energy and Telecommunications, reports:
Senate Print 4250, by Senator
Wright, an act to amend the Public Service
Law;
5639, by Senator Wright, an act to
amend the Public Authorities Law;
And Senate Print 6079, by Senator
Hannon, an act to amend the State Technology
Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: Without
objection, all bills directed to third
reading.
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, could I be recorded in the negative
on Calendar 122, please.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR DOLLINGER: Thank you,
835
Madam President.
ACTING PRESIDENT McGEE: Senator
Brown.
SENATOR BROWN: Yes, Madam
President. May I be recorded in the negative
on Calendar 125.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR BROWN: Thank you.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, may we return to the nomination of
Mr. Parker, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: As Commissioner
of the Criminal Justice Services, Chauncey G.
Parker, IV, of New York City.
ACTING PRESIDENT McGEE: Senator
Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President.
Madam President and my colleagues,
it's a great pleasure and privilege to rise in
836
support of Governor Pataki's nomination of
Mr. Chauncey G. Parker to head the Division of
Criminal Justice Services for the State of
New York.
I think it's important to note that
this is an extremely important appointment.
That the balance of the crime rate in this
state is dependent on how we fight crime. And
there's no one who has provided more
leadership in the fighting of crime, in
managing and coordinating the efforts of our
foot soldiers in that war on crime, than
Governor Pataki.
Over the last eight years, we have
seen a remarkable, dramatic decrease in the
crime rate in New York State. The incidence
of crime in New York, particularly of violent
crime, have led the nation in their decline.
We have seen a decline in the violent crime
rate of over 43 percent -- a 51 percent
decrease in the murder rate, a 52 percent
decrease in the robbery rate, a 55 percent
decrease in the rate of motor vehicle theft -
all of these incidents the result of sound
crime-fighting policies directed by our
837
Governor, in large part implemented by the
Division of Criminal Justice Services in
coordinating the important state agencies of
our New York State Police, our Department of
Corrections, our New York State Department of
Parole.
The leader of this agency now, as
proposed by Governor Pataki, is uniquely
qualified to represent and lead, under the
Governor's leadership and direction, and
manage our war on crime.
That Mr. Parker, Chauncey G.
Parker, has served most recently as Assistant
United States Attorney for the Southern
District of New York, has directed the
high-intensity drug-trafficking fighting area,
has fought very hard to ensure that the war on
drugs is fought as we need to fight it.
He's worked at the federal level,
served as assistant district attorney in
New York County, the Manhattan District
Attorney's office, in learning and leading
prosecutorial efforts there.
That he brings with him a knowledge
of the relationship of our crime-fighting
838
network, which includes our state police
efforts, our local law enforcement efforts in
coordinating with federal law enforcement
efforts. He's served with distinction in
these responsibilities of prosecution.
That he's a graduate of the Duke
University School of Law and Rollins College,
has received awards for distinguished service
from the attorney general, as well as serving
on a number of boards.
Chauncey G. Parker is uniquely
qualified for this position, will become an
excellent addition to this tremendous record
of reducing violent crime in New York State,
will continue to put New York on the path of
leading the nation in reducing violent crime.
Madam President, I urge the
nomination and ask my colleagues to support
this excellent candidate.
ACTING PRESIDENT McGEE: Senator
Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
I'm pleased to join my colleague,
the distinguished chairman of the Crime and
839
Crime Victims Committee, in seconding the
nomination of Mr. Parker.
Chauncey Parker, IV, brings
remarkable credentials and also an experience
that I think would be very different to
duplicate in any other individual. And for
someone as young as Mr. Parker to be willing
to undertake this tremendously challenging
position at this time makes all of us feel
grateful and full of anticipation about the
great opportunity that lies ahead.
As Senator Nozzolio said, the
coordinative role between corrections and
parole is one of the most important in this
state. In order for us to really ensure
safety for the citizens of this state, we need
to know that there is a seamless continuum
from arrest through release. We want to make
sure that those inmates that are capable of
being rehabilitated can be rehabilitated, the
ones that must be closely monitored are
closely monitored, and the ones that need to
be incarcerated for long periods of time with
close scrutiny should be.
And along the way, we try to
840
provide an educational opportunity. Sometimes
it is a social education, sometimes it is
parenting education. The criminal justice
systems today, the Department of Corrections,
is such a multifaceted challenge that it's
hard to imagine, for anybody outside the
system, how much goes into it. And I commend
Governor Pataki for his willingness to seek
out and find such talented individuals in his
cabinet appointments as Chauncey Parker, IV.
And I must say, Madam President, if
you would indulge me for a moment, I was out
of the chamber at the moment that the previous
appointee was nominated and confirmed. And I
have had the distinct pleasure of meeting May
Chao, and she too is a wonderful addition to
the Governor's cabinet.
She's gracious and charming. But
make no mistake, she is experienced and knows
how to be hard-hitting. And the consumers of
this state will be well served, as will this
administration, to have May Chao as the head
of the Consumer Protection Board.
So I'm very pleased to second the
nomination by Senator Nozzolio for Chauncey
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Parker, and commend the Governor for his
excellent choice of these two cabinet
positions.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Hoffmann.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President.
I would like to join my colleagues
in complimenting our Governor for selecting
someone as the Commissioner of Criminal
Justice Services who is in New York City. I
note that Mr. Parker lives in the city, and
therefore perhaps can be assured that he is
going to have a unique perspective as it
relates to inmates, especially those who are
returning, many of whom will be returning to
our city and some of whom may end up being his
own neighbors.
We have a particular concern,
obviously, for those of us who represent areas
of the state where a large number of inmates
come from. What happens to them when they
return?
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So I look forward to speaking with
Mr. Parker, as I have -- we have spoken with
the past commissioner of Criminal Justice
Services, on just what the plans are, how we
can work together in developing such plans,
and how we can make sure that our criminal
justice system represents certainly one where
people are punished based on the crimes that
they commit but also that where it is
possible, as Senator Hoffmann has said -- and
I certainly agree with her -- wherever it is
possible, and whenever and however it is
possible for us to be part of the rebuilding
and reconstructing of people's lives so that
they become contributing citizens, as we have
experienced in so many instances people who
have been sort of redesigned. And to a large
extent, if the criminal justice system
supports that, it's more likely to happen and
we are more likely to benefit.
So, Madam President, I want to
commend, again, the Governor for appointing
someone from New York City and say to our new
Commissioner of Criminal Justice Services, as
we will vote just in a second, that we welcome
843
him aboard and we look forward to working with
him, certainly those of us who reflect the
people that he is going to be working with as
our commissioner.
Thank you very much.
ACTING PRESIDENT McGEE: Thank
you, Senator Montgomery.
Any other Senator wishing to speak
on the confirmation?
On the question of the confirmation
of Chauncey Parker as Commissioner of the
Department of Criminal Justice Services,
please signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
nomination is confirmed.
Mr. Parker, may I take this
opportunity on behalf of the New York State
Senate to welcome you to your new position and
say you indeed do have a formidable task in
front of you, but certainly from those words
that were spoken on the floor today, you will
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rise to that occasion. And we welcome you
here.
(Applause.)
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, is there any housekeeping at the
desk?
ACTING PRESIDENT McGEE: No,
there is no housekeeping at the desk.
SENATOR FUSCHILLO: Well, there
being no further business to come before the
Senate, I move we adjourn until Monday,
March 4th, at 3:00 p.m., intervening days
being legislative days.
ACTING PRESIDENT McGEE: On
motion of the Senate, the Senate is adjourned
until March 4th, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 12:15 p.m., the
Senate adjourned.)