Tuesday, April 25, 1995

4980 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 April 25, 1995 10 3:03 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 4981 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would everyone please rise and 4 repeat with me the Pledge of Allegiance. 5 (Whereupon, the Senate and those 6 present joined in the Pledge of Allegiance to 7 the Flag.) 8 The invocation today will be 9 given by the Reverend Peter G. Young of the 10 Blessed Sacrament Church in Bolton Landing. 11 Reverend Young. 12 REVEREND FATHER PETER G. YOUNG: 13 Let us pray. 14 May all of the Senators in this 15 house pray for the hungry, the homeless, those 16 that are denied dignity, and those that have no 17 hope, that this legislative body will improve 18 their condition and that our compassionate 19 efforts will remove the causes of their 20 suffering. 21 We pray this in Your name, now 22 and forevermore. Amen. 23 THE PRESIDENT: Amen. 4982 1 The reading of the Journal, 2 please. 3 THE SECRETARY: In Senate, 4 Monday, April 24th. The Senate met pursuant to 5 adjournment, Senator Kuhl in the chair upon 6 designation of the Temporary President. The 7 Journal of Sunday, April 23rd, was read and 8 approved. On motion, Senate adjourned. 9 THE PRESIDENT: Without 10 objection, the Journal stands approved as read. 11 Presentation of petitions. 12 Messages from the Assembly. 13 Messages from the Governor. 14 Reports of standing committees. 15 Reports of select committees. 16 Communications and reports from 17 state from officers. 18 Motions and resolutions. 19 Senator Bruno, are you ready for 20 the resolution calendar? 21 SENATOR BRUNO: Yes, Madam 22 President. At this time, I would like to adopt 23 the Resolution Calendar. 4983 1 THE PRESIDENT: All in favor of 2 adopting the Resolution Calendar signify by 3 saying aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 (There was no response.) 7 The Resolution Calendar is 8 adopted. 9 Senator Bruno. 10 SENATOR BRUNO: Madam President. 11 I believe there is a resolution at the desk. 12 We'd appreciate having it read in its entirety 13 and move for its immediate adoption. 14 THE PRESIDENT: The Secretary 15 will read. 16 THE SECRETARY: By Senator Tully, 17 Legislative Resolution, commending the 1995 18 senior class of Henry Viscardi School, 19 Albertson, New York, upon the occasion of their 20 visit to the New York Legislature on Tuesday, 21 April 25, 1995. 22 Whereas, it is the sense of this 23 legislative body that the character and quality 4984 1 of life in this great Empire State is abundantly 2 enriched by organizations which selflessly serve 3 to promote the health and welfare of the 4 citizenry; and 5 Whereas, this Legislative Body is 6 justly proud to commend the 1995 senior class of 7 Henry Viscardi School, Albertson, New York, upon 8 the occasion of their visit to the New York 9 State Legislature on Tuesday, April 25, 1995; 10 and 11 Whereas, Henry Viscardi School, 12 previously known as Human Resources School, has 13 been providing a high quality education for 14 children with orthopedic, health, and multiple 15 disabilities for over 25 years; and 16 Whereas, the school is a division 17 of the National Center of Disability Services, 18 Henry Viscardi School is located on a 15-acre 19 campus in Nassau County; and 20 Whereas, Henry Viscardi School 21 offers an outstanding educational, social, and 22 therapeutic experience for children ages 3 23 through 21; its high academic standards have 4985 1 resulted in a 70 percent college entrance rate, 2 thus exceeding the national average for all 3 students graduating high school in the United 4 States; this high standard is achieved with a 5 highly-trained staff working in small classes, 6 in a modern facility with access to a wide range 7 of modern technology equipment; and 8 Whereas, the faculty of Henry 9 Viscardi School along with Dr. Andrew Rothstein, 10 Superintendent of Schools, are committed to 11 actively promoting and nurturing a full and 12 comprehensive program for all students; and 13 Whereas, the 1995 senior class 14 includes Peter Almodovar, Bethany Chandler, 15 Anabela Contente, Kenneth DiLauro, Melissa Male, 16 Dean Mariano, Jennifer McNair, Michael Ruzalski, 17 Bhavika Shah, Donald Sorokin, Christopher 18 Tartaro, John Cervello, Georgette Sullivan, 19 Luigi Dellapina, Ngozi Graham, Dina Ragavania, 20 Karen Bond, Sabrina Caple, Tawn Farrell, Amy 21 Wong, Michael Muller and Steven Anderson; now, 22 therefore, be it 23 Resolved, that this Legislative 4986 1 Body pause in its deliberations to express its 2 appreciation to Henry Viscardi School for meet 3 ing the special needs of hundreds of children in 4 New York State and to extend a warm welcome to 5 the faculty and students on their visit to 6 Albany; and be it further 7 Resolved, that copies of this 8 resolution, suitably engrossed, be transmitted 9 to the students and faculty of Henry Viscardi 10 School. 11 THE PRESIDENT: Senator Tully. 12 SENATOR TULLY: Thank you, Madam 13 President. Today, we have the high honor of 14 hosting the senior class of the Henry Viscardi 15 School and their Superintendent, Dr. Andrew 16 Rothstein, as guests in our chamber. The Henry 17 Viscardi School, based in Albertson, New York, 18 specializes in educating students with severe 19 physical disabilities from throughout the New 20 York metropolitan area. 21 This year, the senior class 22 decided to come to Albany to witness New York 23 State government in action. These students, 4987 1 whose special brand of strength and determina 2 tion has enabled them to overcome their dis 3 abilities and instead focus on their abilities 4 and talents, are among the most gifted students 5 that I ever met. 6 This year's class has 23 7 graduating seniors, all of whom have made 8 post-graduation plans. Some have made plans to 9 go on to college, and some have made plans for 10 transition into vocational training programs. 11 Whatever their intention, knowing these young 12 adults and the school from which they come, each 13 will be an important and productive member of 14 society. 15 Madam President, I hope you and 16 all of my colleagues will join me in welcoming 17 the senior class of the Henry Viscardi School to 18 Albany. 19 THE PRESIDENT: Thank you. 20 The question is on the 21 resolution. All in favor, signify by saying 22 aye. 23 (Response of "Aye.") 4988 1 Opposed, nay. 2 (There was no response.) 3 The Resolution is adopted. 4 How about some applause. 5 (Applause.) 6 Senator Farley. 7 SENATOR FARLEY: Thank you, Madam 8 President. On behalf of Senator Skelos, I move 9 to amend his bill, Senate Print 397A, by 10 striking out the amendments made on March 31st 11 and restoring it to its original print number, 12 397. 13 THE PRESIDENT: Amendments 14 received. 15 SENATOR FARLEY: On behalf of 16 Senator Hannon, Madam President, please remove 17 the sponsor's star from Calendar 378. 18 THE PRESIDENT: The star is 19 removed. 20 SENATOR FARLEY: Also, please 21 commit Calendar Number 410 to the Committee on 22 Finance. 23 THE PRESIDENT: Committed. 4989 1 Senator DiCarlo. 2 SENATOR DiCARLO: Madam 3 President, I wish to call up Calendar 213, 4 Assembly Print 1983A. 5 THE PRESIDENT: Secretary will 6 read. 7 THE SECRETARY: Calendar 213, by 8 Senator DeFrancisco, Senate Print 1287A, an act 9 to amend the General Municipal Law, in relation 10 to the sale of raffle tickets. 11 SENATOR DiCARLO: I now move to 12 reconsider the vote by which this Assembly bill 13 was substituted for Senator DeFrancisco's bill, 14 Senate Print 1287A, on March 15. 15 THE PRESIDENT: The Secretary 16 will call the roll on reconsideration. 17 (The Secretary called the roll on 18 reconsideration.) 19 THE SECRETARY: Ayes 48. 20 THE PRESIDENT: The bill is 21 before the house. 22 Senator DiCarlo. 23 SENATOR DiCARLO: I now move that 4990 1 Assembly Bill Number 1983A be recommitted to the 2 Committee on Local Government and that Senate 3 bill be restored to the order of Third Reading 4 Calendar. 5 THE PRESIDENT: Without 6 objection. 7 We have two substitutions. 8 The Secretary will read. 9 THE SECRETARY: On page 4, 10 Senator Trunzo moves to discharge from the 11 Committee on Civil Service and Pensions Assembly 12 Print Number 6228 and substitute it for the 13 identical Senate Bill, Calendar 487. 14 On page 4, Senator Hoblock moves 15 to discharge from the Committee on Corporations, 16 Authorities and Commissions, Assembly Bill 17 Number 5034, and substitute it for the identical 18 Senate bill number, Calendar 489. 19 THE PRESIDENT: Substitutions 20 ordered. 21 Senator Volker, are you ready for 22 the noncontroversial Calendar? 23 SENATOR VOLKER: Yes, Madam 4991 1 President. At this time, I would like to take 2 up the noncontroversial calendar, please. 3 THE PRESIDENT: Secretary will 4 read. 5 THE SECRETARY: On page 11, 6 Calendar Number 35, by Senator Levy, Senate 7 Print 379, an act to amend the Vehicle and 8 Traffic Law, in relation to the suspension and 9 restoration of a driver's license following a 10 second or subsequent DWI conviction. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the first day of 15 November. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 48. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 65, by Senator Kuhl, Senate Print 1475, an act 23 to amend the Agriculture and Markets Law. 4992 1 THE PRESIDENT: Lay it aside, 2 please. 3 THE SECRETARY: Calendar Number 4 77, by Senator Levy, Senate Print 328A, an act 5 to amend the Public Authorities Law and the 6 Railroad Law, in relation to operating a 7 self-propelled rail passenger car. 8 SENATOR PATERSON: Lay it aside. 9 THE PRESIDENT: Lay it aside, 10 please. 11 THE SECRETARY: Calendar Number 12 201, by Senator Saland, Senate Print 2111, an 13 act to amend the Executive Law and the Family 14 Court Act, in relation to support of children in 15 the Division for Youth. 16 THE PRESIDENT: Read the last 17 section, please. 18 THE SECRETARY: Section 4. This 19 act shall take effect on the 100th day. 20 THE PRESIDENT: Call the roll, 21 please. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 49. 4993 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 209, by Senator Johnson, Senate Print 2724A, an 5 act to amend the Environmental Conservation Law 6 in relation to limiting access to commercial 7 fisheries in marine waters. 8 THE PRESIDENT: Read the last 9 section, please. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll, 13 please. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 49. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 250, by Senator Holland, Senate Print 463, an 20 act to amend the Social Services Law. 21 SENATOR PATERSON: Lay it aside. 22 THE PRESIDENT: Lay it aside, 23 please. 4994 1 THE SECRETARY: Calendar Number 2 252, by Senator Holland, Senate Print 2469, an 3 act to amend the Social Services Law, in 4 relation to the conduct of hearings to 5 terminate, suspend, or diminish home relief 6 benefits. 7 THE PRESIDENT: Read the last 8 section, please. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll, 12 please. 13 (The Secretary called the roll.) 14 THE PRESIDENT: The results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 252 are Senators 17 Espada and Mendez. Ayes 47. Nays 2. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 281, by Senator Maltese, Senate Print 3085, an 22 act to repeal Subdivision 9 of Section 14-114 of 23 the Election Law, relating to contribution 4995 1 limits. 2 THE PRESIDENT: Read the last 3 section, please. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll, 7 please. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 50. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 323, by Senator Johnson, Senate Print 2484, an 14 act to amend the Environmental Conservation Law, 15 in relation to restrictions on the use and type 16 of fish pots or traps. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 30th day. 21 THE PRESIDENT: Call the roll, 22 please. 23 (The Secretary called the roll.) 4996 1 THE SECRETARY: Ayes 50. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 326, by Senator Tully, Senate Print 3644, an act 6 to amend the Public Authorities Law, in relation 7 to the use of video conferencing equipment. 8 THE PRESIDENT: Read the last 9 section, please. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll, 13 please. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 50. 16 THE PRESIDENT: The bill is 17 passed. 18 THE SECRETARY: Calendar Number 19 333, by Senator Kuhl, Senate Print 3665, an act 20 to amend the Agriculture and Markets Law, in 21 relation to controlling plant and tree 22 diseases. 23 THE PRESIDENT: Read the last 4997 1 section, please. 2 THE SECRETARY: Section 5. This 3 act shall take effect September 1. 4 THE PRESIDENT: Call the roll, 5 please. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 51. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 335, by Senator Kuhl, Senate Print 3667, an act 12 to amend the Agriculture and Markets Law, in 13 relation to agricultural commodities eligible 14 for marketing agreements and orders. 15 THE PRESIDENT: Read the last 16 section, please. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll, 20 please. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 51. 23 THE PRESIDENT: The bill is 4998 1 passed. 2 THE SECRETARY: Calendar Number 3 394, by Senator Tully, Senate Print 3285, an act 4 to permit the reopening of the optional 20-year 5 retirement plan to certain police officers in 6 Sands Point, Nassau County. 7 THE PRESIDENT: There is a home 8 rule message at the desk. 9 THE PRESIDENT: Read the last 10 section, please. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 THE PRESIDENT: Call the roll, 14 please. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 52. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 398, by Senator Present, Senate Print 3531, an 21 act to redistribute 1995 bond volume allocations 22 made pursuant to Section 146 of the Federal Tax 23 Reform Act of 1986. 4999 1 THE PRESIDENT: Read the last 2 section, please. 3 THE SECRETARY: Section 4. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 54. 8 THE PRESIDENT: The bill is 9 passed. 10 ACTING PRESIDENT KUHL: Senator 11 Volker, that completes the noncontroversial 12 calendar. 13 SENATOR VOLKER: We would like to 14 have the controversial calendar now. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the controversial calendar. 17 THE SECRETARY: Calendar Number 18 65, by Senator Kuhl, Senate Print 1475, an act 19 to amend the Agriculture and Markets Law and the 20 Vehicle and Traffic Law, in relation to 21 exempting farm vehicles from Motor Vehicle 22 financial security. 23 ACTING PRESIDENT KUHL: Lay the 5000 1 bill aside for the day. 2 THE SECRETARY: Calendar Number 3 77, by Senator Levy, Senate Print 328A, an act 4 to amend the Public Authorities Law and the 5 Railroad Law. 6 SENATOR PATERSON: Explanation. 7 SENATOR LEVY: Star it for 8 amendment. 9 ACTING PRESIDENT KUHL: Star the 10 bill at the request of the sponsor. 11 THE SECRETARY: Calendar Number 12 250, by Senator Holland, Senate Print 463, an 13 act to amend the Social Services Law, in 14 relation to the disclosure of -- the disclosure 15 of data obtained through the use of automated 16 two-digit finger-imaging matching system. 17 ACTING PRESIDENT KUHL: Senator 18 Holland, an explanation has been asked for by 19 Senator Paterson. 20 SENATOR HOLLAND: Yes, Mr. 21 President. This bill allows for the disclosure 22 of information obtained from the finger-imaging 23 program to be used in criminal investigations or 5001 1 prosecutions resulting from multiple enrollment 2 in home relief. 3 ACTING PRESIDENT KUHL: Chair 4 recognizes Senator Paterson. 5 SENATOR PATERSON: Mr. 6 President. Would Senator Holland yield for a 7 question? 8 ACTING PRESIDENT KUHL: Senator 9 Holland, do you yield for a question from 10 Senator Paterson? 11 SENATOR HOLLAND: Yes. 12 ACTING PRESIDENT KUHL: Senator 13 yields, Senator Paterson. 14 SENATOR PATERSON: Thank you very 15 much, Senator Holland. There doesn't appear to 16 be any evidence that fraud has been discovered 17 through the finger-imaging system as it is right 18 now, and so my question is, what is the purpose 19 of this legislation, being that we haven't 20 discovered any fraud through finger imaging? 21 SENATOR HOLLAND: Senator, I 22 don't know how you can say that. The report 23 from the Department of Social Services said we 5002 1 saved all kinds of money and everybody is in 2 favor of it, including your former Governor 3 Cuomo, your former Commissioner of Social 4 Services. Thirty-eight counties are now 5 involved in it, and the only counties that are 6 not -- that do not want to be involved in it 7 come the 1st of June, are some lower population 8 counties. Everybody believes, and rightly so, 9 that this will save a lot of money. 10 ACTING PRESIDENT KUHL: Senator 11 Paterson. 12 SENATOR PATERSON: Mr. 13 President. I'm not denying that we've saved a 14 lot of money. What I'm saying is that there 15 hasn't been any fraud that's been discovered 16 through the finger-imaging system. We may have 17 saved money because individuals who may have 18 committed fraud did not register. Now, this 19 bill doesn't relate to the finger-imaging issue 20 itself. It relates, actually, to the use of it 21 in criminal investigations and in criminal 22 cases. 23 So I would ask you, Senator 5003 1 Holland, if you would like to address that part 2 of the question that I'm asking? 3 SENATOR HOLLAND: Well, 4 originally in finger-imaging, Senator, you know 5 there were only two counties involved. They 6 were Rockland and Onondaga County. The State 7 Department of Social Services found that there 8 were people eliminated from the program because 9 of finger-imaging. 10 Now, as you say, this is a new 11 thing. We haven't prosecuted anybody. Maybe we 12 won't have to, Senator. Maybe you're right. I 13 hope you're right. I think you're wrong. But 14 if there are people who are stealing from the 15 welfare and Medicaid system, they should be 16 prosecuted. That's all this bill says, if we 17 catch people who are multiple dippers, that we 18 can prosecute them; and if nobody's been found 19 before, that's great. If nobody's found in the 20 future, that's even better, but I don't believe 21 that's true. 22 SENATOR PATERSON: Thank you very 23 much, Senator Holland. 5004 1 Mr. President, if Senator Holland 2 would continue to yield. 3 ACTING PRESIDENT KUHL: Senator 4 Holland, do you continue to yield? 5 Senator continues to yield. 6 SENATOR PATERSON: Senator 7 Holland, it was my understanding when we acted 8 on the finger-imaging bill last year that we 9 weren't going to use this information for 10 anything other than having it in the welfare 11 system itself. Now we've taken it outside the 12 system and we're allowing it to be used in 13 criminal investigations and also in 14 prosecutions. Why the change? 15 SENATOR HOLLAND: You are 16 correct, Senator. Actually, in the budgets in 17 '92 and '94, the budget said people would not 18 be prosecuted. I guess people have come to the 19 realization that if people are stealing from 20 you, they really should be prosecuted, and that 21 was originated by a number of people, including 22 the mayor of the city of New York; and all we're 23 saying is, that if somebody is stealing from the 5005 1 Medicaid and welfare system and we catch them 2 because of finger-imaging, then we can share 3 that information with the district attorney and 4 prosecute them if necessary. 5 SENATOR PATERSON: Mr. President, 6 if Senator Holland will continue to yield. 7 ACTING PRESIDENT KUHL: Senator 8 Holland, do you continue to yield? 9 Senator continues to yield. 10 SENATOR PATERSON: Senator 11 Holland, let's leave prosecution out of it, 12 because at the point that we're prosecuting 13 individuals, they have already been presumably 14 indicted. There has already been an arrest. 15 There has been an arraignment. But much of the 16 funding that prosecutors' offices use are 17 actually for investigation. 18 And what we are doing through 19 this bill -- and it was in the discussion of the 20 finger-imaging bill in 1994 between yourself and 21 Senator Waldon, where Senator Waldon warned 22 everybody in this chamber that this would be a 23 natural result of passing the finger-imaging 5006 1 bill in 1994, would be the use of this data for 2 investigation purposes. Now, when we are 3 investigating an individual, we have a suspicion 4 but we don't have proof and we haven't even made 5 a charge. Why would we be using the results of 6 finger-imaging which was not obtained through 7 any criminal source or any particular position 8 that the person was seeking that caused them to 9 be finger imaged but just the fact that they 10 were a person in need and a person who 11 unfortunately became a client of our social 12 service system? Why would we use that 13 information to conduct an investigation where 14 quite possibly the fact that we have the finger 15 image is a presumption that could often become a 16 catalyst for the investigation? 17 SENATOR HOLLAND: Senator, I just 18 don't understand that kind of logic. We're not 19 doing any investigations. People come in to 20 Department of Social Services in one or more 21 locations with one or more identification and 22 they say they are one or more different people. 23 We're not going out and investigating them. 5007 1 They're coming in. They are not people who are 2 in need; or if they are in need, maybe they 3 should collect once instead of two or three 4 times. 5 All we're saying is, people who 6 are ripping off the system by saying they are 7 you and then they are me or other people -- and 8 there are many cases of this -- should be - 9 that information should be available to the 10 district attorney. I can't understand why you 11 would not think that that doesn't make logical 12 sense. 13 ACTING PRESIDENT KUHL: Senator 14 Paterson. 15 SENATOR PATERSON: Mr. 16 President. I wonder why we don't finger image 17 everybody, because we have a number of criminal 18 investigations that we conduct of any citizen; 19 and it would actually, I would concede, be more 20 effective if we fingerprinted everybody in the 21 whole country. That way we would have a record 22 that we could measure any finger images that we 23 take against any citizen; and provided that 5008 1 we're able to match them up, that would really 2 create a great opportunity for investigation in 3 our criminal justice system, and I don't say 4 that semantically or cynically. I'm saying that 5 that's actually true. 6 But we happen to be living in 7 America. Maybe, if we were living in Bosnia, 8 this might be a good idea, but we're living in 9 America; and, right now, we have a presumption 10 of innocence that presides over our criminal 11 justice system, and all these individuals have 12 done is seek social services because, 13 unfortunately, we have more people without food, 14 without family, without homes, than at any time 15 in this state since the Great Depression. The 16 fact that that exists does not, in my opinion, 17 grant us the same right to fingerprint an 18 individual as there would be in a case where 19 they have a prior record where we keep their mug 20 shots and their fingerprints forever, because 21 the person put themself in that position; and in 22 cases where people seek high government jobs or 23 jobs that are a risk to security, they have 5009 1 undertaken going into an area where we need to 2 know that information. But these are basically 3 citizens who have become clients of our social 4 service system, as I said before. 5 And so what I'm saying is, if we 6 now are going to prosecute, which means that we 7 have evidence that there has been some fraud, 8 then I guess reluctantly -- but I agree with 9 Senator Holland, and I think that the aim of 10 this bill is very meritorious. 11 But what I'm saying, Senator 12 Holland, is I believe the bill has gone too 13 far. When you start giving out this kind of 14 information that can perpetuate investigation, I 15 really think you are in many ways impinging upon 16 the concept of justice and the freedoms 17 guaranteed to us in our Constitution. 18 I don't think this is what those 19 people who framed that document were thinking 20 about when they wrote it; and so what I'm saying 21 is, the fact that we have information, 22 information with our great technology today is 23 something that we can achieve all the time, but 5010 1 I think that this is the kind of thing that is 2 synonymous with "1984". Maybe it was just 3 eleven years delayed. 4 ACTING PRESIDENT KUHL: Senator 5 DeFrancisco. 6 SENATOR HOLLAND: Question, Mr. 7 President. 8 ACTING PRESIDENT KUHL: Excuse 9 me, Senator Holland. 10 Senator DeFrancisco, why do you 11 rise? 12 SENATOR DeFRANCISCO: I would ask 13 Senator Paterson to yield to a question. 14 ACTING PRESIDENT KUHL: Senator 15 Paterson, do you yield to a question? 16 SENATOR PATERSON: Yes, Mr. 17 President. 18 ACTING PRESIDENT KUHL: Senator 19 yields. 20 SENATOR DeFRANCISCO: Senator 21 Paterson, if an individual case worker gets a 22 tip from a family member that someone is 23 applying in several different locations for 5011 1 welfare assistance, should the prosecutor be 2 able to use that tip and the testimony from the 3 individual source in a criminal prosecution? 4 SENATOR PATERSON: Yes, I think 5 that that should be permissible. I would never 6 suppress that evidence; and as a matter of fact, 7 I wouldn't suppress the fingerprints, Senator 8 DeFrancisco. 9 ACTING PRESIDENT KUHL: Senator 10 DeFrancisco, are you asking Senator Paterson to 11 yield? 12 SENATOR DeFRANCISCO: So the 13 question, then, Senator -- yes, I do. 14 ACTING PRESIDENT KUHL: Senator 15 Paterson, do you yield to another question from 16 Senator DeFrancisco? 17 SENATOR PATERSON: Yes, I do. 18 I'm sorry, Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 yields. 21 SENATOR DeFRANCISCO: Senator 22 Paterson, then, can you tell me if that same 23 case worker has a machine that shows that this 5012 1 person has applied in a couple of different 2 locations, what is the difference between that 3 evidence and the evidence from the primary 4 source? 5 SENATOR PATERSON: The answer to 6 that question, Senator DeFrancisco, is this. In 7 the former case, you have described conduct 8 because the defendant, the person who we are now 9 prosecuting, evidenced some conduct that was 10 reported to our criminal justice system by a 11 case worker. In the latter case, you describe a 12 situation certain, a fingerprint, something like 13 an eyeball, something like a hand, a 14 fingerprint, something that is an identification 15 about the particular individual which does not 16 change. It's the same finger image that this 17 person will have their whole life. It's one you 18 have and I have one. They are all individual. 19 Because it is a circumstance that is certain, 20 these are the types of things that we don't like 21 to impinge upon just for the sake of 22 investigation. 23 ACTING PRESIDENT KUHL: Senator 5013 1 DeFrancisco. 2 SENATOR DeFRANCISCO: Would you 3 yield for one last question? 4 SENATOR PATERSON: Certainly, Mr. 5 President. 6 ACTING PRESIDENT KUHL: Senator 7 yields. 8 SENATOR DeFRANCISCO: Senator, 9 isn't the conduct that is prosecuted the 10 multiple applications for welfare, and the 11 finger image or the tip from the firsthand 12 source the evidence to prove that conduct? 13 SENATOR PATERSON: Absolutely, 14 Mr. President. But what we're talking about 15 here is the nature of information that we are 16 now going to seek. In other words, if we went 17 to the victim's house and found all of the 18 applications and photocopied them and kept them 19 in a vault, that would also be the evidence but 20 that's not the conduct, and what we like to 21 prosecute in this country is conduct, not 22 suspicion. So, in other words, there are a 23 number of technical ways that we can receive 5014 1 information, but it's when a person actually 2 manifests an action in an unpardonable offense 3 that we then would want to prosecute them. The 4 fact that we can gather information on people 5 would probably make us all liable for something 6 at some point. 7 If we filmed every street in our 8 city and our state, we would probably find a 9 number of people who were jaywalking and we 10 could hold that evidence and then at some point 11 investigate them. I'm not trying to be too 12 remote from the issue, because it is an 13 important and a serious issue that you are 14 describing, Senator DeFrancisco, but what I'm 15 saying to you is that it is actually the conduct 16 that causes a person to be fingerprinted in the 17 first place, the conduct either being a brush 18 with the criminal justice system or that the 19 person is taking himself into a high security 20 position and, as a society, we need to know that 21 information. 22 In this case, the person is 23 seeking social services, the person is seeking 5015 1 welfare, and we have a number of people who by 2 their unfortunate circumstances are eligible for 3 that and we as a society have granted that. 4 Now, if you want to finger image to keep track 5 of who is in and who is out, all right, that's 6 fine. If you want to then use that evidence in 7 a criminal prosecution, I don't know if I'm 8 totally in favor of that but I can understand 9 it. What I don't understand is using the 10 information as part of the investigation because 11 the investigation should be conducted through, 12 as I said before, some conduct that the 13 individual is engaging in. 14 ACTING PRESIDENT KUHL: Senator 15 Holland. 16 SENATOR HOLLAND: I just wonder 17 if the Senator will yield to a question? 18 SENATOR PATERSON: Certainly, Mr. 19 President. 20 SENATOR HOLLAND: Senator, you 21 understand -- I don't understand exactly what 22 you mean when you talk about investigation. 23 This information will not be shared for any 5016 1 other police investigations, no rapes, no auto 2 thefts, no anything like that, bounced checks, 3 et cetera. This will only be if an individual 4 comes in -- and you've said this yourself. If 5 they need assistance, we want to give them 6 assistance; but if they need assistance under 7 three different names, then we don't want to 8 give them assistance, and we want to charge 9 them. You understand that it won't be shared 10 with police facilities? 11 SENATOR PATERSON: Mr. President, 12 through you to Senator Holland. There are 13 already systems in place that assist us in the 14 investigation of fraud, and these systems are 15 such that we can use right now. Now, I do 16 understand what you are saying, that we're not 17 going to use this evidence for any other 18 investigation, but I would like to ask you a 19 hypothetical question. 20 Suppose next year we put a bill 21 out here and say we will? Suppose we say next 22 year we are going to have a piece of legislation 23 where the finger image that we received from an 5017 1 individual at a point where they seek social 2 services can be used in any criminal investi 3 gation? Wouldn't Senator DeFrancisco be able to 4 get up next year and ask me the same question 5 that he just asked me, which is, what's wrong 6 with the prosecutor using that as part of the 7 evidence as much as using the information heard 8 by a social worker? Isn't that possible? 9 SENATOR HOLLAND: Yes. 10 SENATOR PATERSON: So -- thank 11 you. If the Senator will yield? 12 ACTING PRESIDENT KUHL: Senator 13 Paterson, the floor is still yours. 14 SENATOR PATERSON: Thank you, Mr. 15 President. So what I'm saying, Senator Holland, 16 is, where are we drawing the line? That's what 17 I'm just trying to figure out, where are we 18 drawing the line? I don't understand why it is 19 necessary when we have systems in place to 20 investigate fraud where the finger-imaging has 21 to come in, because the finger-imaging itself 22 can not ignite the investigation because 23 everybody who is going for welfare is going to 5018 1 be finger imaged. But what becomes a call at 2 issue is, how do we establish some kind of 3 guidelines in the administration of our social 4 services system? 5 And I feel, on the bill, Mr. 6 President, that this is just going too far. I 7 understand what the intent is. We understand, 8 as Senator Holland reported to us, that it has 9 saved us money because fewer people are 10 registering. Maybe that in itself is weeding 11 out a lot of the problem, but the greater 12 problem, I think, is to another system that we 13 have. It's just our system of justice in this 14 country. We don't do that as a general rule in 15 the United States of America, and I don't think 16 we should start by making this information 17 available because, in my opinion, there is such 18 a presumption about finger-imaging that exists, 19 anyway, that just its mere existence can ignite 20 investigations, and that's why I would not 21 recommend the passage of this bill. 22 Thank you, Mr. President. 23 ACTING PRESIDENT KUHL: Chair 5019 1 recognizes Senator Stavisky. 2 SENATOR STAVISKY: No. 3 ACTING PRESIDENT KUHL: Senator 4 Stavisky waives. 5 Chair recognizes Senator Espada. 6 Senator Espada is out of the chamber. 7 Senator Marchi. 8 SENATOR MARCHI: Mr. President, I 9 just -- perhaps it's not directly on point, but 10 I have introduced and you were a co-sponsor, 11 incidentally, of a bill requiring finger-imaging 12 for everyone in the State of New York. I don't 13 see it amenable to have - 14 SENATOR VOLKER: Mr. President. 15 ACTING PRESIDENT KUHL: Senator 16 Marchi, excuse me for the interruption. Let me 17 recognize Senator Volker. 18 Senator Volker. 19 SENATOR VOLKER: Senator, just 20 one second. Senator Espada would like to vote. 21 Could we read the last section for just a second 22 because he has to leave. 23 ACTING PRESIDENT KUHL: Secretary 5020 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 ACTING PRESIDENT KUHL: Senator 8 Espada, how do you vote? 9 SENATOR ESPADA: No. 10 ACTING PRESIDENT KUHL: Senator 11 Espada will be recorded in the negative. The 12 roll call is withdrawn. We're back on debate. 13 Thank you, Senator Marchi, for 14 the interruption. 15 Chair recognizes Senator Marchi. 16 SENATOR MARCHI: Thank you, Mr. 17 President. No, I have introduced legislation 18 that would provide for finger-imaging for 19 everyone in the State of New York and, 20 hopefully, that this process might take place 21 across the nation. It's an additional 22 protection which each citizen would enjoy. 23 People may be found bereft of documents and in 5021 1 great danger or perhaps the victims of foul 2 play, yet we would be able to readily identify 3 an individual in any and all circumstances where 4 identity is a critical and important factor. 5 I am troubled a little bit, I 6 have to say -- I have to confess -- that fraud 7 in fields such as welfare, you are really faced 8 with hard choices, and I believe the sponsor is 9 correct in putting it where he is putting it, 10 but we also have the factor that people living 11 on the margins sometimes are driven to desperate 12 solutions to their problems. 13 I remember campaigning once - 14 this is many years ago -- for mayor, and going 15 into an area where I found that orthopedic 16 specialists were prescribing special shoes for 17 children on welfare because they simply didn't 18 have enough money to put shoes on the feet of 19 their children. These are pitiful situations, 20 and we have to temper our ardor for stamping it 21 out with an understanding of the desperation to 22 actions which are not normally oppressive to the 23 average citizen. 5022 1 But we are facing a problem now 2 of restricting largesse simply because of the 3 abuses that have existed in the past; and if by 4 gentle indirection -- and I don't think this 5 violates that sanction -- we can do this, then 6 it should be supported. 7 ACTING PRESIDENT KUHL: Chair 8 recognizes Senator Dollinger. 9 SENATOR DOLLINGER: Mr. 10 President. Will Senator Holland yield to just 11 one question? 12 ACTING PRESIDENT KUHL: Senator 13 Holland, do you yield to one question from 14 Senator Dollinger? 15 SENATOR HOLLAND: Yes, Mr. 16 President. 17 ACTING PRESIDENT KUHL: Senator 18 yields. 19 SENATOR DOLLINGER: I will be 20 brief, Senator. The report that we saw from the 21 division of social services -- the Social 22 Services Department that talked about this 23 savings, do you know whether there has been any 5023 1 update of that done or any further analysis of 2 the savings? 3 SENATOR HOLLAND: Not to my 4 knowledge, no, sir. 5 SENATOR DOLLINGER: Again, 6 through you, Mr. President. Do you know what 7 the cost of the implementation of the program 8 has been to date? 9 SENATOR HOLLAND: The cost of the 10 implementation? 11 SENATOR DOLLINGER: And who's 12 paid the cost? 13 SENATOR HOLLAND: I really don't 14 have a good figure for you. No, but the system 15 is designed and the study that Social Services 16 did said that whatever the cost was we would 17 recover that in the first year, so we more than 18 recover the expenses in the first year. 19 SENATOR DOLLINGER: That is what 20 I'm trying to pinpoint, Mr. President. 21 On the bill. I support the 22 bill. I will vote in favor of it. My 23 understanding is that the disclosure of these 5024 1 fingerprints are going to be solely for 2 prosecutions related to the fraud, the 3 underlying fraud itself. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT KUHL: Announce 12 the results when tabulated. 13 Chair recognizes Senator Jones to 14 explain her vote. 15 SENATOR JONES: I just want to 16 thank Senator Holland for bringing this bill to 17 the floor. A district attorney in my own county 18 was one of the people strongly in support of 19 this. I'm not a lawyer, so I don't pretend to 20 know the ins and outs of law, but to me it makes 21 perfectly good sense. If a person applies five 22 times for welfare and knows they are defrauding 23 the system, it seems pretty silly that we can't 5025 1 do something about it. 2 I want to thank you, Senator 3 Holland. I certainly support the bill. 4 ACTING PRESIDENT KUHL: Senator 5 Jones in the affirmative. Announce the results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 250 are Senators 8 Espada, Galiber, Paterson, Smith. Ayes 52. 9 Nays 4. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 Senator Volker, that completes 13 the controversial calendar. 14 SENATOR VOLKER: Mr. President. 15 May we return to reports of standing 16 committees? I believe there is a Finance 17 Committee report at the desk. 18 ACTING PRESIDENT KUHL: Senator 19 Galiber, why do you rise? 20 SENATOR GALIBER: Mr. President. 21 I would like unanimous consent to be recorded in 22 the negative on Calendar 252, Senate Bill 2469. 23 ACTING PRESIDENT KUHL: Without 5026 1 objection, Senator Galiber will be recorded in 2 the negative on Calendar Number 252. 3 Senator Volker, there is a report 4 of the Finance Committee here at the desk. I 5 will ask the Secretary to read. 6 THE SECRETARY: Senator Stafford, 7 from the Committee on Finance, offers up the 8 following nominations: Member of the Workers' 9 Compensation Board, Robert R. Snashall of 10 Cazenovia, New York. 11 ACTING PRESIDENT KUHL: Chair 12 recognizes Senator Stafford on the nomination. 13 SENATOR STAFFORD: Thank you, Mr. 14 President. 15 Mr. President, it seems as I get 16 up here once a week and tell you that we had the 17 two best nominees before us today that I have 18 ever seen in the Senate in 30 years -- and I'm 19 going to say it again, because today we have two 20 fine nominees. 21 The first nominee we're 22 considering is Mr. Snashall for the Workmen's 23 Compensation Board. He's had experience in the 5027 1 field. He's represented defendants; he's 2 represented plaintiffs and he understands. 3 And I might add that at the 4 meeting today, the Finance meeting, as usual, as 5 it should be, the members were not at all 6 bashful in explaining to him that they 7 understood and understand that he's taking over 8 a very, very difficult position. 9 But we voted unanimously in Mr. 10 Snashall's favor and we think he will do an 11 excellent job as a member of the Workmen's 12 Compensation Board and, I understand, chairman. 13 ACTING PRESIDENT KUHL: Chair 14 recognizes Senator DeFrancisco on the 15 nomination. 16 SENATOR DeFRANCISCO: I rise to 17 second the nomination of Robert Snashall of the 18 Central New York area, and I do it with great 19 pleasure. Mr. Snashall comes from one of the 20 finest law firms in the Syracuse area, and some 21 say the finest that we have in Syracuse. 22 The Workers' Compensation Board 23 is a position -- a member of that board is a 5028 1 position that's so important in this state at 2 this time in our history, and it's essential 3 that we nominate people to that board, and 4 especially the chairmanship of that board to 5 someone who has some special expertise so that 6 the reform that is sorely needed in this state 7 is going to truthfully happen and that the 8 reform is going to be meaningful because of 9 firsthand knowledge and expertise in this area 10 that Mr. Snashall has. 11 He's been practicing in Workers' 12 Compensation court since 1979 with a law firm in 13 Albany, and then with the Bond, Schoeneck and 14 King office in Syracuse. He's not only 15 represented companies in their matters before 16 the Workers' Compensation Board, but he's 17 represented employees; and as we all know from 18 our experience at our district offices that both 19 employees and companies and businesses are 20 calling us to complain about the way the system 21 currently operates. 22 He's got the expertise, and he's 23 from the right area of the state, and I'm very 5029 1 pleased to second his nomination for this very, 2 very important position. 3 ACTING PRESIDENT KUHL: Chair 4 recognizes Senator Hoffmann on the nomination. 5 SENATOR HOFFMANN: Thank you, Mr. 6 President. 7 I, too, am delighted to rise in 8 support of this very excellent nominee who hails 9 from the 48th Senate District, and I think, more 10 importantly, he represents a dramatic departure 11 from many of the confirmations that we've had in 12 that not only does he live in upstate New York 13 he also lives in the heart of a rural county, 14 and he understands very well the problems, the 15 particular hardships on people engaged in 16 agriculture caused by lengthy delays in Workers' 17 Compensation hearings which often go without 18 resolution the first, the second, the third 19 go-around and often require arduous and 20 time-demanding trips from a distant part of the 21 state into a more central location. 22 For instance, my constituents who 23 live in places like Brookfield or Whitelaw must 5030 1 travel a good hour or hour and a half to a 2 hearing scheduled in Syracuse at which they are 3 all too often told the hearing officer is either 4 not present, not prepared, someone else has not 5 arrived who should be there. So it's more than 6 an inconvenience for people in upstate and rural 7 areas when there are delays in Workers' 8 Compensation hearings. It is a drain in their 9 own income, and it affects, ultimately, the 10 entire state's economy when this system does not 11 run well. 12 Mr. Snashall made it very clear 13 today in the Finance Committee under rigorous 14 questioning by those members present that he 15 recognizes it does not run well. He recognizes 16 that it must be changed in order to meet the 17 needs of this state. His is going to be a very, 18 very burdensome task. 19 I wish him well following his 20 anticipated confirmation today and pledge my 21 support and that of the people of my district to 22 do whatever is possible to help make this a 23 meaningful transition as we go from an archaic, 5031 1 obsolete, unresponsive Workers' Compensation 2 system into the development of one that does, in 3 fact, meet the needs of the working people of 4 this state. 5 ACTING PRESIDENT KUHL: The 6 question is on the nomination of Robert R. 7 Snashall of Cazenovia to become a member of the 8 Workmen's Compensation Board. 9 All those in favor, signify by 10 saying aye. 11 (Response of "Aye.") 12 Opposed, nay. 13 (There was no response.) 14 The nominee is confirmed. 15 We're happy to be joined by Mr. 16 Snashall, who is in the gallery here. 17 Congratulations, Mr. Snashall. 18 (Applause.) 19 Secretary will continue to read. 20 THE SECRETARY: Commissioner of 21 Criminal Justice Services, Paul Lewis Shechtman 22 of New York City. 23 ACTING PRESIDENT KUHL: Chair 5032 1 recognizes Senator Stafford. 2 SENATOR STAFFORD: Thank you, Mr. 3 President. I do not hesitate, and I say it 4 again, we have two of the finest nominees today 5 that will ever be here. Now, Mr. Shechtman, I 6 just have to share with you that when you look 7 at his biography, as was pointed out in the 8 Finance Committee, you see what a fine 9 individual he is and how he has excelled from 10 being a Rhodes scholar, graduating from 11 Swarthmore and then Harvard Law School, master's 12 degree from Oxford University, and it goes on 13 and on and on and on. 14 He was a clerk to Judge Warren E. 15 Burger, Chief Justice of the United States 16 Supreme Court, and clerk to other justices; has 17 been the chief, Criminal Division, for the 18 United States Attorney's Office in the Southern 19 District of New York, and he's been counsel to 20 the District Attorney's Office for New York 21 County, all prestigious appointments, and he's 22 done so well. He also is a professor of law at 23 Columbia University School of Law. Some of us 5033 1 consider that a good law school. I assure you 2 it is. He also has been a professor of law at 3 the University of Pennsylvania. 4 This position of Commissioner of 5 Criminal Justice Services is the type of 6 position, I feel, where we need someone of Paul 7 Shechtman's ability, and he has proven -- he has 8 proven his ability. 9 This appointment and the 10 appointments today are indeed a credit to 11 Governor Pataki and all of his people. I would 12 suggest that we could have no finer nominee 13 before us to confirm than Paul Lewis Shechtman, 14 and his biography and his record of 15 accomplishment prove that. 16 ACTING PRESIDENT KUHL: Chair 17 recognizes Senator Nozzolio. 18 SENATOR NOZZOLIO: Thank you, Mr. 19 President. 20 Mr. President, my colleagues: As 21 usual, Senator Stafford has well cornered the 22 market on this issue, but this is more than an 23 issue. This is a confirmation of a gentleman 5034 1 who will have tremendous responsibilities in 2 managing criminal justice services and trying to 3 apportion an agenda, move an agenda that we 4 believe extremely important. 5 Mr. Chairman, at the Crime and 6 Corrections Committee, I had the privilege of 7 meeting Mr. Shechtman and discussing with him 8 his philosophy, his background, his experience. 9 As Senator Stafford indicated, we have not seen 10 and I doubt we will ever see a resume as 11 detailed, as experienced in accomplishment, so 12 varied and so great, as the resume we have 13 before us of Mr. Shechtman. 14 But there is a point that's not 15 on his resume that I think certainly tells me a 16 lot about the individual and a lot about his 17 experience level, interest level in criminal 18 justice, in that he began his professional 19 career, although sandwiched in between great 20 educational accomplishment and great experience 21 on the United States Supreme Court as a clerk, 22 at appellate courts, at some of the finest 23 schools in the country if not the world, he took 5035 1 much of his talent and put it into teaching in a 2 correctional facility. I think that says a 3 great deal about the person. It says a great 4 deal about his background, as accomplished as it 5 is. He also has his feet on the ground in terms 6 of individual work experience in the very heart 7 of the system that he will now have the 8 responsibility of managing. 9 I also would like to say 10 something not on his resume but on something 11 that speaks a great deal for his interest in 12 this position and his interest in the work that 13 lies ahead. He has been working already, 14 although not confirmed certainly on the job, in 15 touring correctional facilities last week. It 16 is my understanding that he was with 17 Commissioner Coombe at Attica, learning 18 firsthand some of the nuances of our 19 correctional system, and he is to be 20 congratulated for taking that interest and such 21 a dynamic approach, hands-on approach very early 22 on in his new work. 23 It is my belief, Mr. President, 5036 1 that we have a tremendous candidate in Mr. 2 Shechtman for confirmation and one that I have a 3 great deal of confidence in will do a great job, 4 approaching his job not only with great 5 intelligence and great experience but with great 6 sincerity and great interest. 7 Mr. President, I move the 8 confirmation. 9 ACTING PRESIDENT KUHL: Chair 10 recognizes Senator Abate on the confirmation. 11 SENATOR ABATE: Yes. I 12 enthusiastically rise to support Paul 13 Shechtman. I have had the honor and privilege 14 of working with Paul for a number of years, and 15 he enjoys an outstanding reputation not just in 16 New York City among law enforcement but also 17 among probation departments as well as 18 correction departments, Liberals and 19 Conservatives, mainstream individuals, in the 20 criminal justice system; and he's earned that 21 respect because he's not someone that just 22 resorts to rhetoric around public safety. He's 23 extremely thoughtful. 5037 1 He's a man of extremely high 2 intellect, enormous knowledge of the criminal 3 justice system, enormous knowledge of the law, a 4 man of high integrity; and I found in my work 5 with him that he is accessible. If you call 6 him, he returns your calls. He researches 7 issues. Even though on first blush he may not 8 agree with the position or he may not think it 9 advisable, he really looks at both sides of the 10 issue and always, I believe, reaches a rational 11 and reasoned conclusion. 12 He's a great lawyer, a great 13 administrator. I think he will be an asset to 14 New York State, and I look very much forward to 15 working with him. 16 ACTING PRESIDENT KUHL: The 17 question is on the nomination of Paul Lewis - 18 Excuse me. Senator Volker. 19 SENATOR VOLKER: Let me just say 20 that I, too, want to second the nomination of 21 Paul, who, although I met him some years ago, I 22 really -- I was not really acquainted with him 23 until recently, and he will become one of a long 5038 1 line, I think, of excellent people who have been 2 head of DCJS -- Richard Girgenti, and before him 3 Jack Poklemba and Larry Kurlander. 4 He brings a kind of unique view, 5 in that, in addition to the normal criminal 6 justice background, he has an economics 7 background, and I said to him when we first met 8 that it seems to me that in this day and age 9 maybe an economics background, in addition to 10 criminal justice, is not a bad thing to have. 11 But he has an excellent understanding, I think, 12 of all the areas involved in criminal justice. 13 These are not going to be easy 14 times to be head of the Division of Criminal 15 Justice Services; and I think, as everybody 16 knows, the Governor took great pains to make a 17 determination on who would run this agency which 18 is, I believe, certainly one of the most 19 important in government today, and there are a 20 lot of dedicated people who are part of DCJS 21 that he will be -- he will be overseeing. 22 As chairman of the Codes 23 Committee, myself, and my staff and all the 5039 1 members of the committee have always worked 2 closely with the Department of Criminal Justice 3 Services, and I have no doubt that we will 4 continue to work as close if not closer with 5 Paul. I wish him the very best of luck. It is 6 a great nomination. 7 Good luck to you for the future 8 and Godspeed. 9 ACTING PRESIDENT KUHL: The 10 question is on the nomination of Paul Lewis 11 Shechtman of New York City to become 12 Commissioner of Criminal Justice Services. 13 All those in favor, signify by 14 saying aye. 15 (Response of "Aye.") 16 Opposed, nay. 17 (There was no response.) 18 The nominee is confirmed. 19 We are very pleased to be joined 20 by Mr. Shechtman and his wife, Bonnie, who are 21 seated in the gallery. 22 Commissioner, congratulations. 23 Good luck. 5040 1 (Applause.) 2 Senator Volker. 3 SENATOR VOLKER: Any housekeeping 4 before we adjourn? 5 ACTING PRESIDENT KUHL: Senator, 6 there is nothing at the desk. 7 Excuse me. Senator Paterson, why 8 do you rise? 9 SENATOR PATERSON: Mr. President, 10 with unanimous consent, I would like to be 11 recorded in the negative on Calendar Number 252. 12 ACTING PRESIDENT KUHL: Without 13 objection, Senator Paterson will be recorded in 14 the negative on Calendar Number 252. 15 Senator Smith. 16 SENATOR SMITH: Mr. President, I 17 request unanimous consent to be recorded in the 18 negative on Calendar Number 252. 19 ACTING PRESIDENT KUHL: Without 20 objection, Senator Smith will be recorded in the 21 negative on Calendar Number 252. 22 Senator Volker. 23 SENATOR VOLKER: Mr. President, 5041 1 there being no further business, I move that we 2 adjourn until Wednesday, April 26th, 1995, at 3 10:00 a.m. That's 10:00 a.m. 4 ACTING PRESIDENT KUHL: Without 5 objection, the Senate stands adjourned until 6 tomorrow, April 26th, at 10:00. 10:00 a.m. 7 (Whereupon, at 4:00 p.m., the 8 Senate adjourned.) 9 10 11 12 13 14