Pubdate: Thu, 04 Jan 2001
Source: Staten Island Advance (NY)
Copyright: 2001 Advance Publication Inc.
Contact:  http://www.silive.com/
Forum: http://www.silive.com/forums/
Author: Robert Gavin
Note: Associated Press material was used in this report.
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

Pataki: Rockefeller Drug Laws Too Strict

In a centrist State of the State speech, the governor also says he
wants to reform school funding

ALBANY -- On the day when Staten Island's newest lawmaker was sworn
in, Gov. George E. Pataki talked about phasing out some old laws.

Pataki proposed a dramatic reform of New York's long-standing
Rockefeller drug laws in his annual State of the State address to lawmakers.

One of those lawmakers was Assemblyman John Lavelle, a North Shore
Democrat who took the place of Elizabeth Connelly, who retired New
Year's Day after 27 years in office.

Mrs. Connelly and her husband, Robert, were on hand yesterday for
Lavelle's first day as a legislator -- and spent about an hour and 10
minutes listening to Pataki lay out his plans.

"Nearly three decades ago, New York enacted some of the toughest drug
laws in the nation. Today we can conclude that -- however well
intended -- key aspects of those laws are out of step with both the
times and the complexities of drug addiction," Pataki said. "In the
coming weeks, I will send you legislation that will dramatically
reform New York's Rockefeller drug laws."

Under the current laws, created under the administration of the late
Gov. Nelson Rockefeller, someone convicted of selling, for example, a
$10 bag of crack cocaine gets mandatory jail time -- and can
conceivably receive life in prison -- because the offense constitutes
a Class B felony. In turn, someone found possessing millions of
dollars worth of marijuana can, at most, receive five to 15 years
behind bars because it is a Class C felony.

Staten Island District Attorney William L. Murphy, who has long
supported changing the drug laws, said a lack of the "political will
to do it" has foiled reform in the past.

"I have thought the Rockefeller drug laws were too strict [ever] since
they were put into effect," Murphy said in a telephone interview last
night. "Over the years there have clearly been sentences that have
been too harsh."

Murphy said he was skeptical when Pataki proposed hate crimes
legislation last year, but it ended up passing. But he was unsure if
history will repeat itself.

Another component of Pataki's address was his "Flex Aid" plan to give
school districts more freedom to spend state funding where they see
fit. He said he wants to consolidate 11 complex funding formulas that
have previously "tied the hands of school districts" into one
"flexible, easy-to-use" system.

The governor said the plan will save money "wasted on administrative
costs" and send the funds into the classroom.

"This year, we should throw out the incomprehensible school-aid
formula and instead give school districts the flexibility they need to
put these resources to use in the most efficient manner possible,"
Pataki said. "We've given localities the authority to run their own
schools, but then we micromanage their budgeting practices, telling
them how to spend virtually every dollar. If a district wants to
target more money toward computers, they should be able to do that. If
a district wants to target more resources toward teachers' salaries,
they should be able to do that.

"Too many school districts aren't able to take full advantage of the
record we've provided because the overly complex school-aid formulas
limit the ability of schools to direct resources where they're needed."

Jerry Cammarata, Staten Island's representative to the city Board of
Education, supports Pataki's plan.

"The more we move toward a block-grant format, which means LEAs (local
education agencies) have a right to use their money more intelligently
and wisely, the better we will be able to hold a school district
accountable for high standards," Cammarata said. "I look forward to
seeing the educational improvements articulated by the governor."

Cammarata, who is also commissioner of the city Department of Youth
and Community Development, said he hopes Pataki's proposal will
enhance the state's neediest school district -- New York City.

Pataki called for more certified teachers, doubling the funding for
the "Teachers of Tomorrow" initiative.

He said he wants to put school districts in the hands of mayors. And
he wants a mandatory report cards for school facilities.

Continued tax cuts were proposed, as is an economic revival plan for
upstate New York and a $1 billion "high technology and biotechnical"
initiative for university-based research, business creation and job
development.

As expected, Pataki proposed the creation of a team of state police
detectives called SWIFT (Special Weapons Interdiction Field Team),
which would target illegal gun traffickers. Also as expected, the
governor pushed a $230 million county property tax reduction plan
called Co-STAR, modeled after STAR (School Tax Reduction Plan).

An end to parole for all convicted felons and criminal background
checks on nursing home employees are also part of the governor's
agenda. What's more, Pataki wants all convicted criminals in the
state's DNA database.

Pataki said he wants to expand Medicaid eligibility for the treatment
of cervical and breast cancer.

The governor at one point relayed the story of Eileen Gellerstein, an
Annadale woman whose children were left without health coverage after
her husband lost his job. Pataki read the e-mail Mrs. Gellerstein sent
him, thanking him for the state's Child Health Plus program. Her three
children are now covered under the plan.

While Staten Island Democrats were generally receptive to most of what
the governor said, they expressed concern Pataki's school-aid plan
would not necessarily help New York City.

Assemblyman Eric Vitaliano (D-Mid Island) said while the governor's
proposal appears "absolutely supportable," the current funding
mechanism was created to help districts such as those in New York
City. While still waiting for the governor's specifics, he was wary it
might not help at all. He said Pataki does not have a good track
record supporting city schools.

"You don't know until you see the fine print," Vitaliano said, calling
the outline yesterday a "glossy brochure."

Lavelle was equally cautious.

"I don't know that I can support that," he said, adding he would like
a proposal that would ensure city schools get their fair share.

Lavelle applauded Pataki's anti-gun initiative. And Vitaliano agreed
with the governor's assertion that last year's legislative session was
the most successful in generations. He said Pataki has become a
centrist. "I think he's moved to the middle. I think that's a great
place to be."

State Sen. Vincent Gentile (D-East Shore/Brooklyn) was out of the
country yesterday and could not be reached for comment on the Pataki
address.

Two of the most powerful Democrats in Albany, Assembly Speaker Sheldon
Silver (D-Manhattan), and state Comptroller H. Carl McCall -- a
possible gubernatorial candidate in 2002 -- criticized the speech.

Claiming that under Pataki, "New York has been reduced to a
second-class state," McCall said that "year after year, New Yorkers
hear nothing but a laundry list of small achievements and shallow plans.

"New York should be the engine driving the development of the new
economy, not the broom sweeping up the leftovers from the rest of the
nation," McCall said.

Silver said the governor's speech latched on to enough Democratic
ideas that it had to be viewed as an obvious kickoff to a re-election
bid by Pataki.

Lavelle agreed, saying, "I think he's running for re-election as
governor. I think that's what this was today, his first campaign speech."

Senate Majority Leader Joseph Bruno (R-Rensselaer) was supportive of
the governor's outline. So was Assemblyman Robert Straniere (R-South
Shore.).

In a statement, Straniere lauded Pataki's proposed tax cuts for
seniors, tax breaks for expanding businesses and pledge to support
public schools. He supported the governor's call to toughen sentences
and penalties for convicted criminals and his plan to keep the city
and state university systems at current tuition levels. By enriching
the state's Environmental Protection Fund, Straniere stated the
governor was helping the state acquire land that would otherwise fall
victim to development, "many examples of which are on Staten Island."

Another Republican, veteran state Sen. John Marchi (R-Staten Island),
did not make the trip to Albany because he was detained by a plumbing
emergency in his Ward Hill home, said spokesman Jerry McLaughlin.

In a statement, Marchi supported the governor's call for more tax
relief for senior citizens, his plan to attract high-tech and
biotechnology jobs, the crime initiatives and other proposals. He also
supported the governor's state aid proposal.

"I have long sought for equality in the school aid formula. With the
governor's initiative, I see this as the best opportunity to get New
York City, especially Staten Island, the aid money it deserves and
needs," Marchi's statement read in part.
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MAP posted-by: Richard Lake