Pubdate:Wed, 19 Jun 2002 Source: New York Times (NY) Section: New York Region Copyright: 2002 The New York Times Company Contact: http://www.nytimes.com/ Details: http://www.mapinc.org/media/298 Author: James C. McKinley Jr. Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws) SWAPPING BLAME AS DRUG LAW RIFT WIDENS IN ALBANY ALBANY, June 19 - With one day left in the scheduled legislative session, the Senate Republicans said they would pass a new bill tonight aimed at breaking the deadlock with the Assembly Democrats over how to soften the state's strict sentences for drug crimes. The bill is a truncated piece of a longer measure, which the Senate's Republican majority and Gov. George E. Pataki support. It would reduce sentences only for the top two categories of drug felons, convicted of what is known as A1 and A2 offenses, affecting those who currently must serve long mandatory terms. But the Democratic Assembly speaker, Sheldon Silver, said today that the new bill had no chance in his house. He said the bill would affect too few prisoners and would not expand treatment for addicted drug dealers. The failed Republican attempt to find common ground with Democrats on drug sentences came as the Senate and Assembly remained deadlocked on most of the other important pieces of legislation before them. Each side blamed the other for the stalemate. The Senate further dampened the prospects of a statewide ban on smoking in restaurants today, when its majority leader, Joseph L. Bruno, said some accommodation had to be devised for small restaurants - something Assembly leaders said could kill the bill. Some deals were cut today. The Assembly gave final approval to a bill, submitted by the governor, which would allow victims of domestic violence serving prison terms to be transferred to a minimum-security lockup where they could hold an outside job. Since 1995, violent criminals have not been allowed to participate in work-release programs, and the bill marks the first time the state has loosened that restriction. Legislative leaders and the governor also announced an agreement on a bill that would require employers to take all reasonable steps to accommodate the religious beliefs and special holidays of employees. The bill would greatly expand and strengthen protections under the state's current human rights law, which only covers people who observe the Sabbath. The bill would require employers, for instance, to accept all religiously inspired dress and grooming requirements, as well as granting time for religious holidays, unless it imposed an undue hardship. All religions would be covered under the new law, which Mr. Silver originally sponsored. These agreements were exceptions to the general state of paralysis in the capitol today. Lawmakers made no progress on bills to ban shady mortgage practices, give homosexuals equal rights, change toxic waste cleanup standards and grant the police broader power to eavesdrop on terrorists. They also failed to reach agreement on bills to increase the minimum wage and raise benefits under workman's compensation insurance. Two Democratic candidates for governor - Andrew M. Cuomo and H. Carl McCall - - both seized on the impasses here to criticize Mr. Pataki, a popular Republican seeking a third term. Both said Mr. Pataki had blocked the passage of bills like raising the minimum wage while doing too little to compel the Senate Republicans to approve measures like a gay rights bill and campaign finance reform. "The fact is that the governor has promised to address critical issues that were before the legislature this year, and he has not done that," Mr. McCall said. "He has failed to provide the leadership." Governor Pataki in turn accused the Democrats in control of the Assembly of failing to pass a raft of bills aimed at giving state and local police greater authority to investigate acts of terrorism. He said it would be "tragic" if the session ends without the passage of those bills, among them measures to deny the public access to any information the state collects under the aegis of a terrorism investigation. "I just think the Assembly has a lot more work to do," Mr. Pataki said. For 27 years, the Democrats have controlled the Assembly and the Republicans have controlled the Senate in New York State, through a combination of gerrymandering and the two leaders' well-heeled political operations. The divided legislature makes it extremely difficult to reach agreements on major bills, and a lot of trading always goes on in the final hours of the session. Mr. Silver regards Thursday night's deadline as artificial, since neither house ever officially adjourns and lawmakers can return at any time to pass bills worked out by the leaders. Mr. Bruno, however, said the Senate would not return after Thursday unless there is an ironclad agreement on a major bill. No such agreement appeared imminent on revamping the drug laws. Mr. Silver said the Democrats would not pass a bill reducing sentences for the top class of felons and give the Republican governor an apparent victory on an issue that he could campaign on for the November election. "The governor promised radical reform," Mr. Silver said. "This gets him a sound bite in an election, not a real solution. If we pass this we will never see a reform of the Rockefeller drug laws, because the sound bite will be complete." Mr. Pataki said the Assembly should pass the simpler bill and "not hold the families of these nonviolent offenders hostage to further delays and posturing." On the antismoking legislation, a tentative deal reached last week that would have banned smoking in all New York restaurants also appeared close to collapsing today under pressure from restaurant and tavern owners. Senator Bruno said he wanted either to exempt small restaurants or find some other way to soften the hardship they say the bill would create for them. One problem, he said, was a small restaurant with a bar could serve smokers, but a small restaurant without a bar could not. "It's really inequitable," Senator Bruno said. "It doesn't work. It especially doesn't work in some of the upstate communities." - --- MAP posted-by: Terry Liittschwager