Senator Charles J. Fuschillo, Jr. announced recently that the New York State Senate will act on legislation that he co-sponsored that would immediately address unfair cases of individuals convicted of class A non-violent felony drug offenses under the Rockefeller Drug Laws. A person can be convicted of a class A felony non-violent drug offense when in possession of at least four ounces of narcotics, or is involved in the distribution of at least two ounces. Of the 21,000 persons currently serving for drug-related offenses in New York State prisons, over 80% do not have a prior violent felony conviction.

Currently, an individual convicted of a class A-I non-violent drug felony who has no prior felony convictions would currently be sentenced to a minimum of 15 years to life and a maximum of 25 years to life in prison. Under the new legislation, the same individual would face a minimum term of 10 years and maximum term of 20 years, with the possibility of parole for good behavior while in prison. A convicted drug offender who participates in a treatment program could be eligible for parole. Numerous studies show that drug treatment is an effective alternative to extended incarceration that is cost effective, greatly reduces recidivism and enhances public safety by promoting rehabilitation and reintegration into society.

"This legislation is a progressive approach in bringing about realistic, practical, and meaningful drug reform, especially with regard to nonviolent, first-time offenders," said Fuschillo. "For someone with no prior non-violent felony convictions, the emphasis needs to be on treatment of the problem, rather than harsh punishment."

Senator Fuschillo, recently announced legislation he sponsored that would require motor vehicles selling frozen desserts to be affixed with stop arms and flashing lights, similar to those in place on school buses.

According to Fuschillo, the legislation would also require motor vehicles to stop upon meeting or overtaking an ice cream truck that is stopped and engaged in selling desserts to customers, and to proceed when safe at a speed not to exceed 15 mph.

"With the warm weather approaching, requiring ice cream trucks to have a stop arm with flashing lights will heighten its visibility to all approaching motorists," Fuschillo said. "This measure should help prevent tragedies involving children."

Last year, Fuschillo was successful in enacting a new law requiring all newly manufactured school buses to be sold in New York State to be equipped with a second stop arm to increase visibility of the presence of children in the area.

Senator Fuschillo announced recently that he has introduced a legislative package in the New York State Senate which would enhance school bus safety.

Included in Fuschillo's legislative package is a provision for the installation and mandatory use of front crossing arms on school buses, which would improve the safety of children disembarking from the buses. According to a study conducted by the state Department of Transportation, school buses equipped with front crossing arms were found to be 15 times safer than buses without them.

The senator's child safety package would also require the use of seat belts in school buses. According to Fuschillo, current law requires the installation of seat belts in all school buses purchased over the last 12 years, but the use of the seat belts is up to the discretion of each school district.

"We're trying to protect the most valuable resource we have, our children, and this legislation would help tragedies involving school buses from occurring," Fuschillo said.

An additional measure included in Senator Fuschillo's legislative package would provide for the fingerprinting and criminal history checks for school bus attendants, which would parallel the system currently in place for school bus drivers.

Senator Fuschillo announced recently that the New York State Senate passed legislation he co-sponsored that would establish a new, comprehensive program that would set clear standards for the cleanup and revitalization of brownfields and to refinance the state's hazardous waste Superfund.

According to Fuschillo, brownfields are areas throughout the state where redevelopment or reuse is not possible due to contamination. There are tens of thousands of brownfields in New York State, ranging from abandoned gas stations to old industrial sites.

"Brownfields pose environmental and financial burdens on our communities," Fuschillo said. "Left vacant, contaminated sites can diminish the value of surrounding property and threaten the economic viability of adjoining properties. This legislation would remove financial and regulatory obstacles that discourage brownfield revitalization and would protect people's health and improve the environment in our community."

The Superfund reform would add liability exemptions, empowering municipalities and community groups to revitalize areas burdened with brownfields by providing assistance for comprehensive planning and site redevelopment. The State Superfund Program had been financed through the 1986 Environmental Quality Bond Act, resulting in more than 800 sites across the state being cleaned up or receiving remediation funding. Funds from the 1986 bond act were fully allocated as of March 31, 2001, leaving the State unable to begin or complete cleanups of hundreds of sites known or suspected of being contaminated. Reform of the Superfund would provide for the cleanup of such areas, without placing a financial burden on the municipalities.