Regular Session - February 15, 1994
637
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9 ALBANY, NEW YORK
10 February 15, 1994
11 3:25 p.m.
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14 REGULAR SESSION
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18 SENATOR HUGH T. FARLEY, Acting President
19 STEPHEN F. SLOAN, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: The
3 Senate will come to order. If you will -
4 Senators please find their seats, and stand with
5 me for the Pledge of Allegiance.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT FARLEY: Today,
9 we're pleased to have with us Father Bruce Reed,
10 who was recently ordained, of the St. Vincent
11 DePaul Parish of the Diocese of Rockville
12 Centre, Long Island.
13 Father Reed.
14 FATHER REED: O Lord, we ask Your
15 special blessing and benediction upon this
16 session. We know that You call us to be Your
17 instruments in the world, to imitate Your mercy
18 and justice in the world, to provide legislation
19 which imitates Your mercy and forgiveness.
20 We ask You to strengthen and
21 empower us in our session, that we may be
22 productive and efficient instruments of Your
23 grace and kingdom in the world, and we ask this
639
1 in Your spirit. Amen.
2 ACTING PRESIDENT FARLEY: Thank
3 you, Father Bruce. Nice to meet you.
4 The Secretary will begin by
5 reading the Journal.
6 THE SECRETARY: In Senate, Monday,
7 February 14th. The Senate met pursuant to
8 adjournment, Senator Padavan in the Chair upon
9 designation of the Temporary President. The
10 Journal of Sunday, February 13th, was read and
11 approved. On motion, Senate adjourned.
12 ACTING PRESIDENT FARLEY: Hearing
13 no objection, the Journal will stand approved as
14 read.
15 Order of business.
16 Presentation of petitions.
17 Messages from the Assembly.
18 Messages from the Governor.
19 Reports of standing committees.
20 Reports of select -- we have a
21 report of a standing committee. The Secretary
22 will read.
23 THE SECRETARY: Senator Stafford,
640
1 from the Committee on Finance, reports the
2 following bills directly for third reading:
3 Senate Bill Number 1284, by
4 Senator Johnson, an act to amend the Vehicle and
5 Traffic Law.
6 1306, by Senator Levy, an act to
7 amend the Executive Law, the Estates, Powers and
8 Trusts Law.
9 4017, by Senator LaValle, an act
10 to amend the Executive Law, in relation to the
11 population requirements for municipalities
12 wishing to establish youth bureaus.
13 4519, by Senator Maltese and
14 others, an act to amend the Executive Law.
15 6001, by Senators Stafford and
16 Volker, an act to amend the State Finance Law
17 and the Public Authorities Law.
18 6307-A, by Senator Holland, fire
19 fighting equipment in the in the possession of
20 the Office of Mental Retardation.
21 6321, by Senator Stafford, in
22 relation to the creation of a fire district in
23 the town of Westport.
641
1 6345, by Senators Volker and
2 Present, Public Authorities Law, creating the
3 Livingston County Water and Sewer Authority.
4 6689, by Senator Stafford, State
5 Finance Law, in relation to the manner of
6 contracting, paying and refunding of state
7 debt.
8 Senator Cook, from the Committee
9 on Education, reports the following bills
10 directly for third reading:
11 Senate Bill Number 241, by
12 Senators LaValle and Trunzo, an act authorizing
13 the approval of certain building aid for the
14 William Floyd Union Free School District.
15 6113-A, by the Committee on
16 Rules, Education Law, in relation to employment
17 education preparation apportionments.
18 6589, by Senator Present,
19 apportionment of certain education aid to the
20 Portville Central School District.
21 Senator Holland, from the
22 Committee on Social Services, reports the
23 following bills directly for third reading:
642
1 Senate Bill Number 565, by
2 Senator Skelos and others, Social Services Law,
3 in relation to certain conviction records.
4 1106-A, by Senators Daly and
5 others, Social Services Law, direct payment of
6 shelter allowance.
7 1775-A, by Senator Holland and
8 others, Social Services Law.
9 2839-B, by Senator Holland and
10 others, Social Services Law.
11 And 5626-B, by Senators Holland
12 and others, Social Services Law.
13 Senator DeFrancisco, from the
14 Committee on Veterans, reports the following
15 bills directly for third reading:
16 Senate Bill Number 368-A, by
17 Senator Maltese and others, Real Property Tax
18 Law.
19 1053-A, by Senator Maltese and
20 others, Real Property Tax Law.
21 1396, by Senator Lack and others,
22 Civil Service Law.
23 4354, by Senator Larkin and
643
1 others, Education Law.
2 6370, by Senator Levy and others,
3 an act to amend the Highway Law.
4 And 6513, by Senator Farley, an
5 act to amend the Highway Law, in relation to the
6 Schenectady County Veterans Memorial Highway.
7 All bills reported directly for
8 third reading.
9 ACTING PRESIDENT FARLEY: All
10 bills directly to third reading.
11 Reports of select committees.
12 Motion and resolutions.
13 Senator Velella.
14 SENATOR VELELLA: Mr. President,
15 my bill on page 10, I offer the following
16 amendments to Calendar Number 211, Senate Bill
17 5518, and ask that the bill retain in -- its
18 place on the Third Reading Calendar.
19 ACTING PRESIDENT FARLEY:
20 Amendments are received. The bill will retain
21 its place on the Third Reading Calendar.
22 Senator Kuhl.
23 SENATOR KUHL: Yes, Mr.
644
1 President, I wish to call up my bill, Senate
2 Print 6215-A, recalled from the Assembly which
3 is now at the desk.
4 ACTING PRESIDENT FARLEY:
5 Secretary will read Senator Kuhl's bill.
6 THE SECRETARY: By Senator Kuhl,
7 Senate Bill 6215-A, an act to amend the
8 Education Law, in relation to school building
9 aid.
10 ACTING PRESIDENT FARLEY: Senator
11 Kuhl.
12 SENATOR KUHL: I move to
13 reconsider the vote by which this bill was
14 passed.
15 ACTING PRESIDENT FARLEY: Call
16 the roll on reconsideration.
17 (The Secretary called the roll on
18 reconsideration.)
19 THE SECRETARY: Ayes 35.
20 ACTING PRESIDENT FARLEY: The
21 bill is before the house.
22 SENATOR KUHL: Offer up the
23 following amendments.
645
1 ACTING PRESIDENT FARLEY:
2 Amendments received. Bill will retain its
3 place.
4 SENATOR KUHL: Also, Mr.
5 President, I wish to call up my bill, Senate
6 Print Number 3945, recalled from the Assembly
7 which is now at the desk.
8 ACTING PRESIDENT FARLEY:
9 Secretary will read it.
10 THE SECRETARY: By Senator Bruno,
11 Senate Bill Number 3945, an act to amend the
12 Vehicle and Traffic Law.
13 SENATOR KUHL: Move to reconsider
14 the vote by which the bill was passed.
15 ACTING PRESIDENT FARLEY: Call
16 the roll on reconsideration.
17 (The Secretary called the roll on
18 reconsideration.)
19 THE SECRETARY: Ayes 35.
20 ACTING PRESIDENT FARLEY: Senator
21 Kuhl.
22 SENATOR KUHL: Offer up the
23 following amendments.
646
1 ACTING PRESIDENT FARLEY:
2 Amendments received. The bill will retain its
3 place.
4 Senator Johnson.
5 SENATOR JOHNSON: Mr. President,
6 as long as I'm standing and we are open for this
7 type of activity, I would like to request that
8 on page 9, Calendar Number 195 be laid aside for
9 the day.
10 ACTING PRESIDENT FARLEY: Lay
11 that bill aside for the day, Senator Johnson's
12 bill. Any other motions?
13 We have some substitutions,
14 Senator Present. Secretary will read them.
15 THE SECRETARY: On page 11,
16 Senator Volker moves to discharge the Committee
17 on Corporations, Authorities and Commissions
18 from Assembly Bill Number 9035 and substitute it
19 for the identical Third Reading 216.
20 Also on page 11, Senator Larkin
21 moves to discharge the Committee on Mental
22 Health and Developmental Disabilities from
23 Assembly Bill Number 8924 and substitute it for
647
1 the identical Third Reading 217.
2 ACTING PRESIDENT FARLEY:
3 Substitution is ordered.
4 Senator Present.
5 SENATOR PRESENT: Mr. President, I
6 move that we adopt the Resolution Calendar,
7 copies of which are on our desk.
8 ACTING PRESIDENT FARLEY: All in
9 favor of adopting the resolution calendar say
10 aye.
11 (Response of "Aye.")
12 Those opposed, nay.
13 (There was no response.)
14 The Resolution Calendar is
15 adopted.
16 Senator Present.
17 SENATOR PRESENT: Mr. President,
18 I believe we can take up the non-controversial
19 calendar.
20 ACTING PRESIDENT FARLEY: The
21 Secretary will read the non-controversial
22 calendar.
23 THE SECRETARY: On page 4,
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1 Calendar Number 27, by Senator Wright, Senate
2 Bill Number 4106-A -
3 SENATOR PRESENT: Lay it aside
4 for the day.
5 ACTING PRESIDENT FARLEY: Lay
6 that bill aside for the day.
7 THE SECRETARY: Calendar Number
8 623, by Senator Velella, Senate Bill Number
9 6398, Insurance Law, in relation to dental risk
10 management programs.
11 SENATOR PRESENT: Lay that bill
12 aside.
13 ACTING PRESIDENT FARLEY: Lay
14 that bill aside for the entire day.
15 THE SECRETARY: Calendar Number
16 88, by Senator Levy, Senate Bill Number 191, an
17 act to amend the Vehicle and Traffic -
18 SENATOR GOLD: Lay it aside.
19 ACTING PRESIDENT FARLEY: Lay it
20 aside.
21 SENATOR PRESENT: Lay it aside
22 for the day.
23 ACTING PRESIDENT FARLEY: Lay it
649
1 aside for the day.
2 THE SECRETARY: Calendar Number
3 103, by Senator Stafford, Senate Bill Number
4 6384, an act to amend -
5 SENATOR GOLD: Lay that aside for
6 Senator Dollinger, please.
7 ACTING PRESIDENT FARLEY: Lay it
8 aside temporarily.
9 THE SECRETARY: Calendar Number
10 126, by Senator Hannon, Senate Bill Number
11 281-A, authorizing the County of Nassau to
12 accept an application for real property tax
13 exemption.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT FARLEY: Call
19 the roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 38.
22 ACTING PRESIDENT FARLEY: The
23 bill is passed.
650
1 THE SECRETARY: Calendar Number
2 130, by Senator Stafford, Senate Bill Number
3 438, an act to amend the Real Property Tax Law.
4 ACTING PRESIDENT FARLEY: Read
5 the last section.
6 SENATOR GOLD: Lay that aside
7 temporarily.
8 ACTING PRESIDENT FARLEY: Lay it
9 aside.
10 THE SECRETARY: Calendar Number
11 158, by Senator Saland, Senate Bill Number 2583,
12 Education Law, in relation to making certain
13 incarcerated persons ineligible for certain
14 general tuition awards.
15 ACTING PRESIDENT FARLEY: Okay.
16 I thought you said 158. It's 153, calendar -
17 read the last section.
18 SENATOR GOLD: Lay aside 153.
19 ACTING PRESIDENT FARLEY: 153,
20 lay it aside. Lay 153 aside.
21 THE SECRETARY: Calendar Number
22 154, by Senator LaValle, Senate Bill Number
23 3970-A, Education Law in relation to membership
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1 on the -
2 SENATOR GOLD: Lay it aside.
3 ACTING PRESIDENT FARLEY: Lay
4 that bill aside.
5 THE SECRETARY: Calendar Number
6 157, by -
7 SENATOR GOLD: Lay it aside for
8 the day.
9 ACTING PRESIDENT FARLEY: Lay it
10 aside for today.
11 THE SECRETARY: Calendar Number
12 158, by Senator Maltese, Senate Bill Number
13 3304, an act to amend the Education Law.
14 SENATOR DOLLINGER: Lay that
15 aside.
16 ACTING PRESIDENT FARLEY: Lay it
17 aside.
18 THE SECRETARY: Calendar Number
19 162, by Senator Maltese, Senate Bill Number
20 6411, administrative code of the city of New
21 York.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FARLEY: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 40.
7 ACTING PRESIDENT FARLEY: That
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 163, by Senator Stafford -
11 SENATOR GOLD: Lay it aside,
12 please.
13 ACTING PRESIDENT FARLEY: Lay it
14 aside.
15 THE SECRETARY: Calendar Number
16 164, by Senator Larkin, Senate Bill Number 1942,
17 an act to amend the Vehicle -
18 SENATOR GOLD: Lay it aside.
19 ACTING PRESIDENT FARLEY: Lay it
20 aside.
21 THE SECRETARY: Calendar Number
22 165 -
23 SENATOR GOLD: Lay it aside.
653
1 ACTING PRESIDENT FARLEY: Lay it
2 aside.
3 THE SECRETARY: Calendar Number
4 168 -
5 SENATOR GOLD: Lay it aside.
6 ACTING PRESIDENT FARLEY: Lay it
7 aside.
8 THE SECRETARY: Calendar Number
9 169 -
10 SENATOR GOLD: Lay it aside.
11 ACTING PRESIDENT FARLEY: Lay it
12 aside.
13 THE SECRETARY: Calendar Number
14 171, by Senator Johnson, Senate Bill Number
15 6562, to provide for a study by the New York
16 State Thruway Authority.
17 ACTING PRESIDENT FARLEY: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT FARLEY: Call
22 the roll.
23 (The Secretary called the roll.)
654
1 THE SECRETARY: Ayes 41.
2 ACTING PRESIDENT FARLEY: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 176, by Senator Levy, Senate Bill Number 1002,
6 an act to amend the Vehicle and Traffic Law.
7 ACTING PRESIDENT FARLEY: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT FARLEY: Call
12 the roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 41.
15 ACTING PRESIDENT FARLEY: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 177, by Senator Velella -
19 SENATOR GOLD: Lay it aside.
20 ACTING PRESIDENT FARLEY: Lay it
21 aside.
22 THE SECRETARY: Calendar Number
23 180, by Senator Volker -
655
1 SENATOR GOLD: Lay it aside,
2 please.
3 ACTING PRESIDENT FARLEY: Lay it
4 aside.
5 THE SECRETARY: Calendar Number
6 186, by Senator Cook -
7 SENATOR GOLD: Lay it aside,
8 please.
9 ACTING PRESIDENT FARLEY: Lay it
10 aside.
11 THE SECRETARY: Calendar Number
12 187, by Senator Lack, Senate Bill Number 348, an
13 act to amend the Penal Law.
14 SENATOR GOLD: Lay it aside for
15 Senator Dollinger.
16 ACTING PRESIDENT FARLEY: Lay it
17 aside.
18 THE SECRETARY: Calendar Number
19 189, by Senator Skelos, Senate Bill Number 3612,
20 an act to amend the Criminal Procedure Law.
21 SENATOR GOLD: Lay it aside.
22 ACTING PRESIDENT FARLEY: Lay it
23 aside.
656
1 THE SECRETARY: Calendar Number
2 192, by Senator Johnson, Senate Bill Number
3 783-A, Environmental Conservation Law.
4 ACTING PRESIDENT FARLEY: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT FARLEY: Call
9 the roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 41.
12 ACTING PRESIDENT FARLEY: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 197, by Senator LaValle, Senate Bill Number 577,
16 an act to amend the Correction Law.
17 ACTING PRESIDENT FARLEY: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT FARLEY: Call
22 the roll.
23 (The Secretary called the roll.)
657
1 THE SECRETARY: Ayes -
2 SENATOR SMITH: Lay it aside,
3 please.
4 ACTING PRESIDENT FARLEY:
5 Withdraw the roll call. Lay it aside.
6 THE SECRETARY: Calendar Number
7 200, by Senator Skelos, Senate Bill Number 6569,
8 an act to amendment the Executive Law, in
9 relation to the powers and duties of the Crime
10 Victims Board.
11 ACTING PRESIDENT FARLEY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 42.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 THE SECRETARY: Calendar Number
22 203, by Senator Hannon, Senate Bill Number 3169,
23 Real Property Law, in relation to the sale of
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1 mobile homes.
2 ACTING PRESIDENT FARLEY: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT FARLEY: Call
7 the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 42.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 204, by Senator Hannon, Senate Bill Number 3170,
14 an act to amend the Real Property Law.
15 ACTING PRESIDENT FARLEY: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FARLEY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 42.
23 ACTING PRESIDENT FARLEY: The
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1 bill is passed.
2 THE SECRETARY: Calendar Number
3 205, by Senator Hannon, Senate Bill Number 3173,
4 Real Property Law and the Private Housing
5 Finance Law.
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 42.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 208, by the Senate Committee on Rules, Senate
18 Bill Number 6084, an act to amend the Private
19 Housing Finance Law.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
660
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 42.
5 ACTING PRESIDENT FARLEY: That
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 209, by Senator Velella, Senate Bill Number
9 2230, an act to amend the Insurance Law.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 42.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 210, by Senator Velella, Senate Bill Number
22 2595, an act to amend Chapter 24 of the Laws of
23 1992 amending the Insurance Law.
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1 ACTING PRESIDENT FARLEY: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT FARLEY: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 43.
9 ACTING PRESIDENT FARLEY: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 214, by Senator Farley, Senate Bill Number
13 2756-A, an act to amend the Not-for-Profit
14 Corporation Law.
15 ACTING PRESIDENT FARLEY: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FARLEY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 43.
23 ACTING PRESIDENT FARLEY: The
662
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 215, by Senator Trunzo, Senate Bill Number 3473,
4 an act to amend the Public Authorities Law and
5 the General Municipal Law.
6 ACTING PRESIDENT FARLEY: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 43.
14 ACTING PRESIDENT FARLEY: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 216, substituted earlier today, by member of the
18 Assembly Hoyt, Assembly Bill Number 9035, an act
19 to amend the Public Authorities Law, in relation
20 to making a technical correction regarding the
21 Buffalo Sewer District -- Sewer Authority.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FARLEY: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 43.
7 ACTING PRESIDENT FARLEY: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 217, substituted earlier today by the Assembly
11 Committee on Rules, Assembly Bill Number 8924,
12 an act to amend Chapter 591 of the Laws of 1993,
13 relating to authorizing the lease of certain
14 facilities in the Middletown Psychiatric Center.
15 ACTING PRESIDENT FARLEY: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT FARLEY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 43.
23 ACTING PRESIDENT FARLEY: The
664
1 bill is passed.
2 Senator Hannon.
3 SENATOR HANNON: Mr. President, I
4 would like to request permission to star a bill.
5 ACTING PRESIDENT FARLEY: All
6 right.
7 SENATOR HANNON: Page 10,
8 Calendar Number 207, Print 5190.
9 ACTING PRESIDENT FARLEY: 207 is
10 starred at the request of the sponsor.
11 Senator Present, that concludes
12 the non-controversial.
13 SENATOR PRESENT: Make we take up
14 the controversial, please.
15 ACTING PRESIDENT FARLEY:
16 Controversial. The Secretary will read.
17 THE SECRETARY: On page 4,
18 Calendar Number 103, by Senator Stafford -
19 SENATOR PRESENT: Lay it aside.
20 ACTING PRESIDENT FARLEY: Lay
21 that bill aside.
22 THE SECRETARY: Calendar Number
23 130, by Senator Stafford, Senate Bill Number
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1 438, an act to amend the Real Property Tax Law.
2 SENATOR GOLD: Are you going to
3 do it?
4 SENATOR PRESENT: Lay it aside
5 temporarily.
6 ACTING PRESIDENT FARLEY: Lay
7 that bill aside temporarily.
8 THE SECRETARY: Calendar Number
9 153, by Senator Saland -
10 SENATOR PRESENT: Lay it aside
11 temporarily.
12 ACTING PRESIDENT FARLEY: Lay
13 that bill aside temporarily.
14 THE SECRETARY: Calendar Number
15 154, by Senator LaValle, Senate Bill Number
16 3970-A, an act to amend the Education Law.
17 ACTING PRESIDENT FARLEY: Read
18 the last section.
19 Explanation has been asked for.
20 Lay it aside temporarily.
21 THE SECRETARY: Calendar Number
22 158, by Senator Maltese, Senate Bill Number
23 3304, Education Law, in relation to instruction
666
1 in the display, use and proper respect for the
2 Flag.
3 SENATOR PRESENT: May we lay that
4 bill aside temporarily and call up 165.
5 ACTING PRESIDENT FARLEY: Call up
6 165. Lay aside 158 temporarily.
7 THE SECRETARY: Calendar Number
8 165, by Senator Goodman, Senate Bill Number
9 2706, an act to amend the Vehicle and Traffic
10 Law, in relation to allowing parking violation
11 bureaus to increase the fine for illegal
12 parking.
13 SENATOR GOLD: Mr. President,
14 would Senator Goodman yield to a question?
15 ACTING PRESIDENT FARLEY: Senator
16 Goodman, would you yield to a question.
17 SENATOR GOODMAN: Yes, Mr.
18 President.
19 SENATOR GOLD: Senator Goodman, I
20 have absolutely no sympathy at all for anyone
21 who parks in handicapped parking spaces but
22 I'm -
23 SENATOR GOODMAN: Except the
667
1 handicapped, Senator.
2 SENATOR GOLD: Except the
3 handicapped. That's a good point. Thank you.
4 That's a wonderful point.
5 At any rate, Senator Goodman,
6 assuming that somebody is now doing it and
7 they're paying $150, I don't see where 200 stops
8 them. I assume the purpose of the bill is to
9 stop them in some way. I mean, isn't there
10 something else we can do? Towing them automatic
11 or whatever, but do you think that adding $50
12 when it's already $150 really accomplishes the
13 purpose, and I'm not going to vote no on the
14 bill because anything we can do is fine, but do
15 you think that just adding $50 does it?
16 SENATOR GOODMAN: First, let me
17 say I appreciate your support for this humble
18 offering. Second, let me say we've contemplated
19 several other options: One would be the
20 guillotine. Second would be the stock. The
21 third might be the gallows, but all of these
22 seem to be unavailable and so we just decided to
23 resort to that age-old technique known as
668
1 monetary penalties and hitting the pocketbook
2 nerve.
3 I am not certain that by going to
4 the higher level of fine that you've just men
5 tioned, $250, rather than 100, that we will -
6 250 -- that we will deter all of those people
7 who selfishly put their cars in disabled parking
8 spaces but, Senator, quite seriously, we would
9 want to try to do this, because there is a
10 sufficient breach of this law to cause us real
11 concern that those who rely upon getting their
12 automobiles closer to places of commerce, so
13 that when they shop for groceries or other
14 essentials, that they not have a long way to go
15 to get those items into the trunks of their
16 cars.
17 SENATOR GOLD: Last section.
18 SENATOR GOODMAN: Thank you,
19 Senator.
20 ACTING PRESIDENT FARLEY:
21 Senator Smith.
22 SENATOR SMITH: Thank you, Mr.
23 President.
669
1 Would you sponsor yield to a
2 question?
3 SENATOR GOODMAN: Yes.
4 SENATOR SMITH: Thank you,
5 Senator Goodman.
6 The only concern that I have -
7 and I have been an advocate for the handicapped
8 for most of my life -- is that in some
9 instances, the signage is not properly placed or
10 that it is no| quite evident where the
11 handicapped space ends and other spaces then
12 start, and I would not wnt to subject other
13 people |o fines that aren't just because they
14 cannot read the signage properly. That's the
15 only problem. Do you know if your bill -- I
16 have not read it -- will take into consideration
17 that everything must be in order prior to us
18 issuing the summons?
19 SENATOR GOODMAN: Senator, I
20 understand your objection and it's certainly
21 legitimate. I think for the most part these
22 places tend to be plainly marked. In some
23 instances there are painted signs in the parking
670
1 place itself which may over time have become dim
2 or maybe totally obscured. This, I think occurs
3 only in a small number of cases, but in that
4 instance, I would assume that a magistrate would
5 use the same discretion that's used in the
6 matter of parking in a no parking zone from
7 which the sign has been detached or from which
8 the sign is otherwise obscured.
9 So there are, of course, remedies
10 in the court itself once one is hauled into
11 court, but here again, the failure to have
12 adequate marking in all instances does not
13 invalidate the basic purpose of the bill.
14 SENATOR SMITH: Thank you very
15 much.
16 SENATOR GOODMAN: Thank you,
17 Senator.
18 ACTING PRESIDENT FARLEY: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT FARLEY: Call
23 the roll.
671
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 47.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 Senator Present.
6 SENATOR PRESENT: Mr. President,
7 can we call up Calendar 153?
8 ACTING PRESIDENT FARLEY: 153.
9 The Secretary will read Senator Saland's bill.
10 THE SECRETARY: Calendar Number
11 153, by Senator Saland, Senate Bill Number 2583,
12 an act to amend the Education Law, in relation
13 to making certain incarcerated persons
14 ineligible for certain general tuition awards.
15 SENATOR GOLD: Explanation.
16 ACTING PRESIDENT FARLEY:
17 Explanation has been asked for.
18 Senator Saland.
19 SENATOR SALAND: Thank you, Mr.
20 President.
21 Mr. President, what this bill
22 would do would be to say that the approximate $5
23 million a year that's currently being spent on
672
1 some 5,000 inmates to provide them with the
2 ability to take college courses would be
3 eliminated and those monies would effectively be
4 used for the non-inmate -- for people who are
5 struggling to try and obtain funds for college
6 education, for people on the other side of the
7 walls.
8 It's a bill which I think
9 recognizes certainly the current difficult times
10 that much of New York State is enduring,
11 particularly those who are trying to find the
12 wherewithal to put themselves through college or
13 get assistance from families. I think perhaps
14 it also recognizes, although this was in long -
15 long before the event, it also recognizes that
16 perhaps it's bad enough that the state of New
17 York, through the Governor and the Commissioner,
18 sought to bring Thomas Grasso back so he could
19 serve his life sentence before being sent back
20 to Oklahoma to be executed, but we need not also
21 provide him with a college education while he's
22 waiting here.
23 SENATOR GOLD: Mr. President.
673
1 ACTING PRESIDENT FARLEY: Senator
2 Gold.
3 SENATOR GOLD: Would the sponsor
4 yield to a question?
5 ACTING PRESIDENT FARLEY: Senator
6 Larkin, will you yield?
7 SENATOR SALAND: Senator Larkin?
8 ACTING PRESIDENT FARLEY: I'm
9 sorry, Senator Saland.
10 SENATOR GOLD: I want to deal
11 with Senator Saland directly.
12 Senator, I just want to
13 understand how the program works. We've had a
14 bill that we debated, I think it was sponsored
15 by Senator Cook, which dealt with the issue of
16 higher education of people in the prison
17 system. Now, how does this work in terms of
18 these financial programs when someone is
19 incarcerated?
20 SENATOR SALAND: TAP is asset or
21 income driven and it's basically driven by your
22 ability financially, and there are very few
23 people that I'm aware of who are serving in our
674
1 corrections facilities who have the kinds of
2 incomes that take them out of the realm of being
3 TAP eligible, and this is saying we don't -- we
4 don't think that you should be TAP eligible.
5 This is not saying that you can't be provided an
6 education or a secondary education or can't
7 receive some type of job training, and it
8 certainly doesn't prevent those who might have
9 the means either by way of family assistance or
10 by way of loans, if they can obtain them or if
11 their family can obtain them, from receiving
12 some college work.
13 SENATOR GOLD: If the Senator
14 would yield to another question.
15 ACTING PRESIDENT FARLEY: Senator
16 Saland.
17 SENATOR GOLD: What I'm trying to
18 get out on the table, Senator, and I assume you
19 can describe this better than I can, Senator
20 Cook had a bill which was concerned about this
21 and whether or not we should be spending money
22 to educate these people. Now we're talking
23 about these people getting -- applying for
675
1 student aid and student loans. How do these -
2 how does this -
3 SENATOR SALAND: Let me see if I
4 can -- as best as I can recollect, present the
5 distinction between Senator Cook's bill and my
6 bill, and I can recall standing up at that time
7 and explaining my vote and commending Senator
8 Cook for his efforts, and I said perhaps my
9 approach would be even less appealing to those
10 who opposed Senator Cook's bill than with
11 Senator Cook's bill. His bill, as I recall it,
12 basically said if, in fact, you have received
13 some type of college tuition assistance while
14 you were serving as an inmate, you would be
15 required, upon your graduation, to basically
16 make good those funds. It was a loan by the
17 taxpayers of the people of the state of New York
18 and we would like to you repay it.
19 My bill, I guess sort of says I
20 don't want to go as far as Senator Cook. I
21 don't necessarily want it as a pay-back option.
22 I think that there are other people who could
23 use those funds and make better use of those
676
1 funds, probably several thousand students,
2 prospective students who would be well served by
3 having these monies, people from disadvantaged
4 communities, people from communities throughout
5 our state, regardless of whether its urban,
6 suburban or rural.
7 SENATOR GOLD: Senator -
8 ACTING PRESIDENT FARLEY: Senator
9 Gold -- would you yield?
10 SENATOR GOLD: Senator, let me
11 put on the table what is troubling me because I
12 obviously am not as well versed as perhaps you
13 and Senator Cook are.
14 SENATOR SALAND: You're very
15 kind, Senator. I am sure you're very well
16 versed. I've always found you to be.
17 SENATOR GOLD: I'm being very
18 serious. I'm not trying to be ingratiating.
19 You have somebody who's incarcerated and there
20 is a program of higher education available to an
21 inmate. Now, I was under the impression that if
22 they were qualified for this program, they could
23 get into the program, and that Senator Cook and
677
1 others, as a matter of philosophy, believed that
2 these people should not be getting what amounts
3 to, quote "free education". That's what I
4 believed as I -- as we discussed this bill.
5 This bill is leading me to believe other things,
6 and that is that if they're incarcerated and
7 they are eligible for the program, they have to
8 in some way pay for that program now, but that
9 they pay for it either through TAP or student or
10 other kinds of loans, which is a different
11 philosophy, I think, than what I thought I
12 understood on Senator Cook's bill. That's why I
13 want to know what that mechanism is.
14 If someone is an inmate today and
15 they want to participate in a college program,
16 do they have to pay for it? Do they have to
17 apply for TAP or a student loan or come up with
18 the money or, in fact, are we giving these
19 people a free education?
20 SENATOR SALAND: The monies, as I
21 understand it, that some 2500 inmates receive
22 per semester are monies that come primarily from
23 TAP. That amounts to about 2.57 -- $2.57
678
1 million per semester, annualized we're talking,
2 as I said earlier, some 5,000 inmates, some
3 $5-plus million.
4 As I mentioned earlier, my
5 approach is a bit different than Senator Cook's,
6 and I think in part the types of economic times
7 that we have to contend with currently certainly
8 justifies the approach that I've taken. I'm not
9 saying get rid of the money. What I'm saying is
10 let the money stay in the pool but there are
11 disadvantaged people who are not incarcerated,
12 are not on the wrong side of the walls, who
13 could be well served by getting these monies and
14 using that to further their education by going
15 to college.
16 SENATOR GOLD: Thank you.
17 Mr. President.
18 ACTING PRESIDENT FARLEY: Senator
19 Gold.
20 SENATOR GOLD: I am still a
21 little confused as to exactly how this works,
22 and it obviously works a little differently than
23 I thought.
679
1 I want to point out there is a
2 memorandum in opposition from the New York State
3 Independent Colleges and Universities, and we
4 have had this before. In the past, Senator
5 Connor and Espada and myself, Leichter,
6 Markowitz, Montgomery, Ohrenstein, Paterson,
7 Smith, Stavisky and Waldon have voted in the
8 negative.
9 I would just say this, though,
10 Senator Saland, I think I'm missing something
11 and I'm not trying to miss it, I really am not.
12 Someone is incarcerated and we give them a
13 training program, for example, how to repair
14 eyeglasses and whatever. These training
15 programs exist at the prison. I don't believe
16 -- and I may be wrong, but I don't believe we
17 charge the inmates money to participate in those
18 programs, the auto repair shops and whatever. I
19 thought, as we have debated Senator Cook's bill
20 over the years, that if certain other inmates
21 would apply for higher education, they would get
22 it, and that that was offensive to many people
23 who felt that if their children couldn't get a
680
1 higher education for nothing, you shouldn't have
2 to go to prison to get one.
3 Your bill is telling me something
4 different, and while you're right, I don't agree
5 with your bill even more than I don't agree with
6 Senator Cook's bill, it's because as I'm
7 explaining it, if I'm explaining it right, your
8 philosophy does offend me more, because if you
9 now have a situation where someone is
10 incarcerated but they are eligible for the TAP
11 program or the student loan which gets repaid or
12 whatever and they are, in fact, paying for their
13 education, I don't know why we're mixing up the
14 apples and oranges.
15 The youngsters who are not
16 incarcerated are entitled to apply for TAP or
17 for student loans. We're not affecting them at
18 all and then these people who are incarcerated
19 are making the applications, so I don't see that
20 as anywhere near as offensive, if I can use that
21 word, as the concept spelled out by Senator Cook
22 where he was implying that people in prison were
23 getting this all for free, they are on vacation
681
1 while these poor other kids were out on the
2 street and couldn't get the education.
3 So I'm going to continue to vote
4 in the negative, and as I pointed out, the New
5 York State Independent Colleges and Universities
6 have filed in opposition on the bill once again.
7 SENATOR SALAND: Thank you, Mr.
8 President.
9 ACTING PRESIDENT FARLEY: Senator
10 Saland.
11 SENATOR SALAND: Thank you.
12 I certainly don't mean to
13 denigrate Senator Gold's arguments. Obviously,
14 we have a very strong difference of opinion. I
15 believe that these taxpayer monies should
16 basically go where they will be best served and
17 help those who, I believe, are in far greater
18 need.
19 Thank you.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
682
1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 44, nays 4.
5 Senators Gold, Markowitz, Ohrenstein and Smith
6 recorded in the negative.
7 ACTING PRESIDENT FARLEY: The
8 bill is passed.
9 Senator DeFrancisco.
10 SENATOR DeFRANCISCO: I would
11 request unanimous consent to be recorded in the
12 negative on Calendar Bill Number 176.
13 ACTING PRESIDENT FARLEY: 176,
14 Senator DeFrancisco will be in the negative.
15 Senator Present.
16 SENATOR PRESENT: Take up
17 Calendar Number 158 and then follow regular
18 order.
19 ACTING PRESIDENT FARLEY: 158.
20 THE SECRETARY: Calendar Number
21 158, by Senator Maltese, Senate Bill Number
22 3304, an act to amend the Education Law, in
23 relation to the instruction in the display, use
683
1 and proper respect for the Flag.
2 SENATOR DOLLINGER: Explanation.
3 ACTING PRESIDENT FARLEY:
4 Explanation has been asked for.
5 Senator Maltese.
6 SENATOR MALTESE: Mr. President,
7 this bill would amend Section 802, Subdivision 1
8 of the Education Law in order to require the
9 instruction of proper respect toward the Flag.
10 Presently, according to the Board
11 of Education, the city has no mandate requiring
12 such instruction and the Department of Education
13 has indicated that while there is a requirement
14 to instruct in the areas of patriotism and
15 citizenship, there is no specific instruction
16 provided for in this area.
17 This bill would incorporate into
18 the Education Law the provisions of Section 170
19 to 177 of Title 36 of the United States Code as
20 a minimum for instruction. This is, of course,
21 supported by many veterans' groups and the
22 American Legion specifically, and while it would
23 be mandated in Section 802 and would cover the
684
1 sections enumerated in the United States Code,
2 which I'll read this heading, would be the
3 National Anthem, the Star Spangled Banner,
4 conduct during playing, Pledge of Allegiance to
5 the Flag, manner of delivery, display and use of
6 the Flag by civilians, codification of rules and
7 customs, definition, time and occasions for
8 display, position and manner of display and
9 respect for the Flag.
10 Mr. President, the -- the times
11 when respect seems to be in short supply for any
12 of the traditions of not only our country but
13 the traditions and morality espoused by the
14 veterans' groups that are supporting this
15 legislation and many of the groups that have
16 assisted in making this country great seem to
17 mandate some clarification here as to what
18 instructions should be given.
19 We have checked with, as I say,
20 the Board of Education, and apparently no
21 instruction is required specifically to these
22 areas that are enumerated in the United States
23 Code, so it would seem that this serves a
685
1 purpose.
2 This legislation has been debated
3 three prior years, so the various reasons and
4 rationale for this legislation have been covered
5 in a prior debate.
6 ACTING PRESIDENT FARLEY: Senator
7 Dollinger.
8 SENATOR DOLLINGER: Will Senator
9 Maltese yield to one -- to a couple questions?
10 ACTING PRESIDENT FARLEY: Will
11 you yield?
12 SENATOR MALTESE: Yes.
13 SENATOR DOLLINGER: First of all,
14 I note in the sponsor's memorandum accompanying
15 the bill, it talks about elementary and
16 secondary schools. Do you know whether any
17 secondary schools in New York State do a Flag
18 curriculum? Do we do it in high school?
19 SENATOR MALTESE: Well, we -
20 Senator Dollinger, we -- Mr. President, we
21 checked with the Board of Education based on
22 prior debate, and perhaps even in response to
23 Senator Dollinger's question last year, and what
686
1 we were told then was that -- that these areas
2 were not specifically required either in
3 elementary or secondary education.
4 SENATOR DOLLINGER: Okay. Again,
5 through you, Mr. President.
6 ACTING PRESIDENT FARLEY: Senator
7 Dollinger.
8 SENATOR DOLLINGER: Do you know
9 whether there's actually a Flag curriculum for
10 high school students?
11 SENATOR MALTESE: I don't know
12 for a fact, but I imagine if there had been one,
13 they would have responded in the affirmative to
14 our questions.
15 SENATOR DOLLINGER: Okay. Again,
16 through you, Mr. President if Senator Maltese
17 would continue to yield. You referred to the
18 Board of Education. Is that the Board of
19 Education of the city of New York, Senator?
20 SENATOR MALTESE: The -- Mr.
21 President, I would even give the name. I don't
22 know the title, but according to somebody named
23 Bob Terte of the New York City Board of
687
1 Education, the city has no curriculum, and as
2 far as the Department of Education here in
3 Albany, the person that responded was a Joanne
4 Larson and indicated -- and this is the quote I
5 have -- "While there is a requirement to
6 instruct in the areas of patriotism and
7 citizenship, there is no specific Flag
8 instruction provided for".
9 SENATOR DOLLINGER: Okay. I
10 guess my question, again through you, Mr.
11 President, if Senator Maltese would continue to
12 yield.
13 ACTING PRESIDENT FARLEY: I'm
14 sure he will.
15 SENATOR DOLLINGER: Do you know,
16 even though whether -- even though it's not
17 required, is it actually going on?
18 SENATOR MALTESE: Mr. President,
19 I don't know for a fact but I imagine given the
20 dedication and experience of any of the teachers
21 in the public school system, that it is, in
22 fact, probably going on in many of the public
23 and private schools in our state, but the
688
1 problem is that with the demands of time and
2 other subjects intervening and intruding,
3 undoubtedly there are many teachers who might be
4 fine teachers but are choosing to skip it. This
5 would mandate that instruction, rather than
6 leave it up to an individual teacher.
7 SENATOR DOLLINGER: Just one
8 other question, again through you, Mr.
9 President. Senator, you mentioned that this
10 sense of patriotism for the Flag and the
11 tradition for the Flag was somehow in short
12 supply in this state. Just so I understand,
13 what's your proof for that, that this is in
14 short supply?
15 SENATOR MALTESE: Mr. President,
16 I don't mean to call the fair name of our state
17 into disrepute. I think that what that is a
18 commentary on is our times, perhaps some of the
19 TV programs, radio programs, media, manifested
20 by some of the things occurring in our society,
21 perhaps even lawless acts, crime, which would
22 seem to indicate that respect for any of the -
23 the moral traditions of our city and state and
689
1 country are in short supply. It's kind of a
2 lament, hoping that things get better.
3 ACTING PRESIDENT FARLEY: Senator
4 Dollinger.
5 SENATOR DOLLINGER: Mr.
6 President, I note that the fiscal implication on
7 the sponsor's memo indicates that there's no
8 implication, no cost associated with this
9 mandate, is that correct?
10 SENATOR MALTESE: Mr. President,
11 it would seem that this would simply take the
12 place of other instruction -- other instruction
13 and mandate a more formal, if you will,
14 curriculum and, therefore, there should be no
15 additional time spent in the specific classes or
16 curriculum.
17 SENATOR DOLLINGER: And again,
18 just through you, Mr. President. Who do you
19 anticipate will write this curriculum?
20 SENATOR MALTESE: It's called for
21 in the bill, it will be left up to the
22 Commissioner of Education.
23 SENATOR DOLLINGER: On the bill,
690
1 Mr. President.
2 ACTING PRESIDENT FARLEY: On the
3 bill, Senator Dollinger.
4 SENATOR DOLLINGER: I appreciate
5 Senator Maltese's intent in this piece of
6 legislation. I'm going to vote for this piece
7 of legislation. I guess, if there is a good
8 mandate, this is a good mandate, but don't
9 mistake the fact that it's a mandate.
10 What does it take to write a
11 curriculum? My guess is -- and I've talked
12 about this frankly in public meetings that I've
13 had about this particular bill and what it means
14 as far as a mandate goes. My guess is this is
15 bill going to be sent to the Commissioner of
16 Education, if it passes the other house and gets
17 sent over there by the Governor. The
18 Commissioner of Education is going to do what
19 every good curriculum writer would do. He's
20 going to have a deputy assistant, subordinate
21 commissioner, put together all of the material
22 on the Flag, find out whether it incorporates
23 those sections of the U.S. Code, then spend a
691
1 couple hundred dollars working a team to try to
2 come up with a draft curriculum, then they'll
3 publicize the draft curriculum for all of the
4 public in this state. They'll analyze the
5 comments. They'll publish the final regulation
6 -- the final suggested curriculum. That will
7 go out to all the school districts. They, in
8 turn, will find out what they're doing in their
9 curriculum and try and conform to it.
10 The answer is, there's going to
11 be thousands upon thousands upon thousands of
12 instructional and educational time that will go
13 into putting this mandate together. I don't
14 think it's -- the fiscal implication is none. I
15 think the fiscal implication is substantial, but
16 even with that, I'm prepared to vote for this
17 mandate, because I think this is something we
18 should do.
19 My guess is -- and I appreciate
20 Senator Maltese's point of view, but when I
21 found out about this bill, I talked about it in
22 both the Brighton and Greece School Districts
23 and they said, "We do all this stuff. We don't
692
1 need to be told do that," and then, of course, I
2 checked with my other expert about primary
3 education, Senator Jones, and she confirmed that
4 in the first grade class that she taught, they
5 did it as well. So we're telling them to do
6 something; we're not even sure whether they
7 currently do it.
8 My strong opinion is, because of
9 the reverence that this state holds the Flag in,
10 they're already doing all these things and we
11 don't need to tell them. But lest there be any
12 doubt, I'm prepared to vote for this very good
13 mandate, but I recognize it is a mandate
14 nonetheless and the cost of it is not none. It
15 is probably significant.
16 ACTING PRESIDENT FARLEY: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 180th day after it
20 shall have become a law.
21 ACTING PRESIDENT FARLEY: Call
22 the roll.
23 (The Secretary called the roll.)
693
1 THE SECRETARY: Ayes 50.
2 ACTING PRESIDENT FARLEY: The
3 bill is passed.
4 Regular order.
5 THE SECRETARY: Calendar Number
6 163, by Senator Stafford, Senate Bill -
7 SENATOR GOLD: Explanation.
8 ACTING PRESIDENT FARLEY:
9 Explanation.
10 SENATOR PRESENT: Lay it aside.
11 ACTING PRESIDENT FARLEY: Lay it
12 aside temporarily.
13 THE SECRETARY: Calendar Number
14 164, by Senator Larkin -
15 SENATOR GOLD: Explanation.
16 THE SECRETARY: -- Senate Bill
17 Number 1942, an act to amend the Vehicle and
18 Traffic Law.
19 SENATOR PRESENT: Lay it aside
20 temporarily.
21 ACTING PRESIDENT FARLEY: Lay it
22 aside temporarily.
23 THE SECRETARY: Calendar Number
694
1 168, by Senator Levy, Senate Bill Number 5435-B,
2 an act to direct the New York State Thruway
3 Authority to do a study on use and revenue of
4 the Thruway system.
5 SENATOR PRESENT: Lay it aside
6 for the day.
7 ACTING PRESIDENT FARLEY: Lay it
8 aside for the day.
9 THE SECRETARY: Calendar Number
10 169, by Senator Holland, Senate Bill Number
11 6312, an act to amend the Public Authorities
12 Law.
13 SENATOR GOLD: Explanation.
14 SENATOR PRESENT: Lay it aside
15 temporarily.
16 ACTING PRESIDENT FARLEY: Lay it
17 aside.
18 THE SECRETARY: Calendar Number
19 177, by Senator Velella, Senate Bill Number
20 1579, an act to amend the Vehicle and Traffic
21 Law and the Criminal Procedure Law.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
695
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FARLEY: Call
4 the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 50.
7 ACTING PRESIDENT FARLEY: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 180, by Senator Volker, Senate Bill Number
11 919-A, an act to amend the Penal Law, in
12 relation to resisting arrest.
13 SENATOR GOLD: Explanation.
14 ACTING PRESIDENT FARLEY: Senator
15 Volker, for an explanation.
16 SENATOR VOLKER: Mr. President,
17 this bill pertains to raising the penalty for
18 the use of physical force in resisting arrest.
19 At the present time, any type of resisting
20 arrest the same penalty is provided, which is a
21 Class A misdemeanor. But we're providing in
22 this bill, and a number of law enforcement
23 agencies have asked for it, that there should be
696
1 separate grades of resisting arrest, depending
2 on whether physical force is used.
3 What we do in this bill is, if
4 physical force is used in the resisting arrest,
5 then the penalty would be a Class E felony, the
6 lowest grade of felony. The standard resisting
7 arrest which could be passive, a whole series of
8 things that could constitute as resisting
9 arrest, would continue to be a Class A
10 misdemeanor.
11 ACTING PRESIDENT FARLEY: Senator
12 Gold.
13 SENATOR GOLD: Senator Volker,
14 can I just ask you one question?
15 SENATOR VOLKER: Certainly.
16 SENATOR GOLD: If someone
17 resisted arrest and used physical force or
18 whatever, isn't that also definable as just a
19 straight assault on a police officer? What
20 degree of crime would that be?
21 SENATOR VOLKER: Generally
22 speaking, it is not because what happens is, if
23 there is a serious physical injury, yes, or even
697
1 a physical injury, what often happens in these
2 resisting arrest cases is the person is stopped
3 for speeding or something of this nature, and
4 the resisting arrest may, in fact, be refusing
5 to -- an order, falling to the ground, all sorts
6 of things, but if they actually push the police
7 officer, maybe even strike the police officer,
8 generally speaking, if there's no injury, you
9 really can't, unless you want to charge them
10 with attempted assault, which is almost
11 impossible. That's where the resisting arrest
12 comes in.
13 SENATOR GOLD: Thank you.
14 I just want to remind some of the
15 members we've had this before, and Senators
16 Connor, Espada, Galiber, Leichter, Markowitz,
17 Mendez, Montgomery and Senator Smith have voted
18 in the negative.
19 Last section.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect on the 1st day of
698
1 November.
2 ACTING PRESIDENT FARLEY: Call
3 the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 48, nays 2.
6 Senators Markowitz and Smith recorded in the
7 negative.
8 ACTING PRESIDENT FARLEY: The
9 bill is passed.
10 Senator Present.
11 SENATOR PRESENT: Can we call up
12 Calendar 164, please.
13 ACTING PRESIDENT FARLEY: 164, by
14 Senator Larkin.
15 THE SECRETARY: Calendar Number
16 164, by Senator Larkin, Senate Bill Number 1942,
17 an act to amend the Vehicle and Traffic Law, in
18 relation to authorizing the issuance of special
19 registration.
20 SENATOR GOLD: Explanation.
21 ACTING PRESIDENT FARLEY:
22 Explanation. Senator Larkin.
23 SENATOR LARKIN: What this bill
699
1 really does is it allows those disabled people
2 to use the state-owned lands.
3 You probably are going to ask
4 about the DEC's opposition. I recognize their
5 opposition, but if they would read the bill a
6 little carefully, they will find out that what
7 we're doing is consistent with what we have been
8 doing with the use of public lands.
9 The bill really reads in part
10 there that specifically registered ATVs may be
11 operated on state-owned waters or lands for
12 purposes of transporting a severely disabled
13 person to or from waters or land from which the
14 person intends to take fish or wildlife.
15 I think that this has been tried
16 in other countries. They do it now in Great
17 Britain and France and there hasn't been a
18 problem.
19 SENATOR GOLD: Would the Senator
20 yield -
21 ACTING PRESIDENT FARLEY: Senator
22 Larkin.
23 SENATOR LARKIN: Yes, Senator.
700
1 SENATOR GOLD: Senator, it seems
2 to me there's two separate parts to this bill
3 and I'm tying to get through it fast so as not
4 to hold you up. The second part deals with
5 registered ATVs may -- ATVs may be operated in
6 state-owned waters, et cetera, for the purpose
7 of transporting severely disabled persons, et
8 cetera.
9 But the first part of the bill
10 deals -- seems to be different and allows any
11 severely disabled person who would be entitled
12 to register a motor vehicle, et cetera -- are
13 those two separate -
14 SENATOR LARKIN: I don't think
15 they are, Senator. We've talked to the disabled
16 community and what we're saying here is that
17 somebody in this condition is going to have
18 access to the lands that the state owns. It's
19 going to be a vehicle. It's going to be
20 registered. It's going to indicate that it's a
21 handicap, and I just think we're just making
22 something more than is there.
23 SENATOR GOLD: Well, the -- what
701
1 I'm getting at, under the second part of the
2 bill, page 2, lines 38 to 43 -
3 SENATOR LARKIN: M-m h-m-m.
4 SENATOR GOLD: -- the language is
5 short. Provided further that a specifically
6 registered ATV may be operated on state
7 state-owned water or lands for the purpose of
8 transporting a severely disabled person to and
9 from waters or lands from which the person
10 intends to take fish, wildlife, et cetera.
11 This is a specific grant that
12 these people can use the ATV for specific kinds
13 of purposes.
14 SENATOR LARKIN: Only on those
15 state lands. They can't use it any place else
16 in this connection right here, sir.
17 SENATOR GOLD: They can't use it
18 on your front lawn. We're not talking about
19 your front lawn. We're talking about state
20 land.
21 SENATOR LARKIN: Yes, sir.
22 SENATOR GOLD: What I'm saying,
23 this is a specific direction. They can use the
702
1 vehicle for them to be able to get to fishing
2 spots and water spots and things of those -
3 that sort, isn't that correct?
4 SENATOR LARKIN: Yes, sir. What
5 it says is that they're going to -- go ahead.
6 SENATOR GOLD: Now, what I'm
7 concerned about or I gather that the memo is
8 concerned about is the first part of the bill.
9 The first part of the bill allows the
10 registration, and my question is, under the
11 first part of the bill, does that entitle them
12 to any other uses on state land other than what
13 is specifically set forth on the second page?
14 SENATOR LARKIN: No. It's very
15 clear. In the memo is the same thing. The memo
16 allows the Commissioner of Motor Vehicles to
17 promulgate enabling rules, issue registration
18 for the ATV itself and a certificate to the
19 disabled person.
20 SENATOR GOLD: Okay.
21 SENATOR LARKIN: And this was
22 discussed with them also, and now their DEC memo
23 says that we're registering the vehicle and
703
1 we're not doing anything to the disabled
2 person.
3 SENATOR GOLD: I just want to
4 read. You made reference to the memo and while
5 we have made comments in the past about the
6 Department of Environmental Conservation and its
7 failure to provide memos, this time they have
8 done that.
9 One -- third paragraph. "ATV use
10 is not without impact on natural resources.
11 Some lands are not suitable for motorized
12 vehicles and have been classified to exclude
13 them in order to protect delicate resources."
14 Now, the purpose of your bill I
15 find very unoffensive. If you want to make it
16 possible for people who are disabled to be able
17 to get around and use natural resources, I think
18 that's a reasonable purpose of a bill. They are
19 apparently concerned, though, that there are
20 some areas where they believe no motor vehicles
21 should be able to go.
22 Under your bill, are they able to
23 make those kinds of regulations? In other
704
1 words, let's say for the sake of argument, that
2 you are in a location where you are -- where
3 there is fishing and I'm at the road and a
4 disabled person could go with this vehicle
5 directly to you or if there were delicate lands
6 there, does the Department have the right to
7 say, "No, you have to go past the sergeant over
8 here and then go around?"
9 Do they have any right under your
10 bill that would provide that they could take
11 care of the disabled people but still protect
12 some of the lands that if they felt this was a
13 problem.
14 SENATOR LARKIN: If you look at
15 their own rules and regulations now, they have
16 severely imposed restrictions on the use and the
17 accessibility for all of these people.
18 What we're saying now is we're
19 opening this up to disabled people for their
20 ATV. We're also allowing in there that these
21 people -- and the Department is aware of it in
22 the discussions -- that they can promote rules
23 and regulations but they cannot deny the direct
705
1 access and their language here, in my opinion,
2 is that they, as before, are trying to just
3 directly control the access. This is the same
4 department that is saying, "We want to open up
5 our lands for use".
6 SENATOR GOLD: Will the Senator
7 yield to a question?
8 ACTING PRESIDENT FARLEY: Senator
9 Larkin, would you continue to yield?
10 SENATOR GOLD: Are you saying,
11 Senator, that there -- where is the provision in
12 the bill, if you can just point out to me, which
13 gives the Department the ability to provide the
14 rules and regulations for the use once we do the
15 license?
16 SENATOR LARKIN: Senator, we -
17 in the discussions -- in the memorandum, we're
18 very clear about allowing the Commissioner of
19 Motor Vehicles to promulgate enabling
20 regulations, issue registrations for the ATV
21 itself and a certificate to the disabled person.
22 SENATOR GOLD: All right.
23 Senator -- Senator, if I most respectfully can
706
1 say this. You are bright enough to know that
2 the memo is not law.
3 SENATOR LARKIN: I understand
4 that.
5 SENATOR GOLD: And your side of
6 the aisle, as well as many people on my side of
7 the aisle, are concerned about administration -
8 administrative agencies and their rule-making
9 authority going past what is given statutorily.
10 I know Senator Present, when he was involved
11 with ARRC felt that way and I'm sure your
12 present chairman feels the same. My only
13 question is, would it perhaps be better to amend
14 the bill, to merely give them, in the bill, the
15 right to make rules and regulations so that once
16 these people are licensed, that they not be
17 denied access, but that the Department have some
18 way of protecting some of the routes they may
19 take. Maybe route A, B and C is available, but
20 they should take route A, which is just as good
21 for them but would protect the lands involved in
22 route B and C. They would wind up in the same
23 place.
707
1 If you're saying this in your
2 memo, I think we ought to have that in your law.
3 SENATOR LARKIN: Well, I read the
4 memo as you have. All I see is a negative
5 answer to a piece of legislation that addresses
6 an issue that was brought to our attention and I
7 don't believe that if we amend this in that way,
8 we will be doing anything but giving more
9 control to DEC who, in their memorandum, does
10 not make any indication of what they want to
11 do. All they're saying is that it will have an
12 impact on the environment.
13 I don't see a number of
14 individuals with an ATV who are disabled having
15 a rally like they have with motorcycles or
16 that. I just think, in my honest opinion, if
17 the DEC thought there was something wrong,
18 really wrong, I think they should have come in
19 and said, "Could we negotiate or could we do
20 this?" They've done none of that except to put
21 a memorandum in, and I think that this is just
22 the stop gap for them to say they don't want
23 disabled people in state park lands.
708
1 SENATOR GOLD: Mr. President.
2 ACTING PRESIDENT FARLEY: Senator
3 Gold.
4 SENATOR GOLD: Senator Larkin, I
5 have a philosophical difference with you. You
6 propose a piece of legislation. The Department,
7 which is headed by someone appointed by the
8 Governor, and I assume has some power with the
9 Governor, says to you and I in a memo, that they
10 have a concern, it would seem to me, Senator,
11 that the best way to handle the disabled who you
12 are trying to help and who I am very sympathetic
13 to, is to try to make the legislation in such a
14 manner that it is uncomfortable for even the
15 Governor to even want to veto it and certainly
16 uncomfortable for many of us to oppose it,
17 because we don't want to oppose it, and I think
18 that the concept of your bill has an awful lot
19 of merit. I mean, it really does.
20 On the other hand, Senator, it's
21 one sentence that could be added to the bill
22 which says that the Department has the right to
23 make rules and regulations concerning this,
709
1 provided that their rules and regulations do not
2 restrict access. You could do these kinds of
3 things and put that in there. I'm not
4 suggesting that you put in rule making authority
5 that negates what you're trying to do with the
6 bill but, as I said to you, if you're now in
7 this park land and you had to get from where you
8 are to Senator Farley, you could take perhaps
9 three routes which are -- each one is easy but
10 two of them or one of them might affect the
11 environment, and the Department might want to
12 suggest that disabled people take the others.
13 They would still be getting access to the state
14 lands. Only it's a reasonable compromise, and I
15 don't know why you don't want to do it, unless
16 maybe, Senator, you don't want it to become a
17 law and you want us to have to vote on this
18 issue year after year, and believe me, there are
19 plenty of bills with great legislative history
20 to pass year after year and it's a great
21 newsletter year after year, and instead of
22 having to think of new ideas, you've got a
23 legislative program good for five years.
710
1 Now, I know you don't practice as
2 a Senator that way but, Senator, I'm just
3 suggesting to you, I would be glad to help you,
4 not only pass the bill here, but in the other
5 house and with the Governor, but what's the
6 sense of not reacting if a department has a
7 suggestion? It's a long question, if you want
8 to answer it or not, it's up to you.
9 ACTING PRESIDENT FARLEY: Read
10 the last section.
11 THE SECRETARY: Section 5. This
12 act shall take effect on the 120th day.
13 SENATOR GOLD: Slow roll call.
14 ACTING PRESIDENT FARLEY: Call
15 the roll. Ring the bell.
16 THE SECRETARY: Senator Babbush.
17 (There was no response.)
18 Senator Bruno.
19 (There was no response.)
20 Senator Connor excused.
21 Senator Cook.
22 SENATOR COOK: Yes.
23 THE SECRETARY: Senator Daly.
711
1 SENATOR DALY: Aye.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Yes.
4 THE SECRETARY: Senator DiCarlo.
5 SENATOR DiCARLO: Aye.
6 THE SECRETARY: Senator
7 Dollinger.
8 SENATOR DOLLINGER: Explain my
9 vote briefly.
10 ACTING PRESIDENT FARLEY: Senator
11 Dollinger to explain his vote.
12 SENATOR DOLLINGER: Senator Gold
13 has raised an interesting and important issue
14 with respect to this bill and, frankly, with a
15 whole lot of bills that we do that seem to get
16 one-house status, and I think it should be taken
17 into account by the Majority on this bill, and I
18 will vote, however, in the affirmative.
19 ACTING PRESIDENT FARLEY: How do
20 you vote?
21 SENATOR DOLLINGER: Aye.
22 THE SECRETARY: Senator Espada.
23 (There was no response.)
712
1 Senator Farley.
2 SENATOR FARLEY: Aye.
3 THE SECRETARY: Senator Galiber.
4 (There was no response.)
5 Senator Gold.
6 SENATOR GOLD: Mr. President.
7 ACTING PRESIDENT FARLEY: Senator
8 Gold to explain his vote.
9 SENATOR GOLD: Thank you.
10 There's no doubt in my mind that
11 we have the capacity to be stubborn and we have
12 the capacity to pass with 31 votes, anything we
13 have in the confines of this room. What we
14 don't have is the capacity to take a piece of
15 paper and just because 31 of us like the idea,
16 make it into a law.
17 Now, I would love to help these
18 disabled people. This piece of paper in its
19 present form probably helps no one. I shouldn't
20 say no one. I guess if it's a good press story,
21 politically, it might help somebody, but the
22 people that I want to help, I don't think are
23 running for office. They happen to be people
713
1 who are disabled and who would like better
2 access to our state lands, and the way they get
3 that is perhaps by something being passed that
4 allows ATVs to be used in a proper manner that's
5 safe for them and safe for the environment and I
6 don't know why we wouldn't do that. I really
7 don't know why we wouldn't do that.
8 It seems to me this building gets
9 more and more run by ego instead of intellect.
10 I don't know when we're going to stop it. I
11 congratulate Senator Larkin for a good idea.
12 I'm not so thrilled that we come to this floor
13 day after day with the concept that we can't
14 amend anything once we start it to date because
15 it's perfect, and we all know what happens. If
16 this bill is going to see the light of day as a
17 law, it's going to come back when -- in the
18 middle of the night when somebody might forget
19 that the suggestions came from a Democratic
20 commissioner or from Democratic Senators. If
21 that isn't the most childish nonsense, I don't
22 know what is.
23 There are wonderful ideas that
714
1 can come out of a debate process that can make
2 good ideas into laws, and I think it degrades
3 this body when we, day after day, take these
4 really silly, silly political, egotistical
5 positions. I think it's a shame, but I'm glad,
6 Senator Larkin, that you brought it to the floor
7 and gave us the opportunity to spend this time
8 discussing it. I mean, I feel this is such a
9 wonderful idea, it would be tragic to just vote
10 on it and let it go away and, therefore, I
11 wanted the slow roll call so we could give it
12 the proper time and energy that it deserves
13 because, Senator Larkin, if it's so great that
14 it can't be amended, then it certainly deserves
15 more than just a passing conversation from all
16 of us.
17 I really hope that before this
18 session ends, we can see something amended or
19 something that has a chance to become a law. As
20 a matter of fact, I see that Assemblyman
21 Seminerio's name is also on this and I intend to
22 talk to him, because I know that Tony Seminerio
23 is a very sincere fellow who would like to see a
715
1 law, and perhaps Tony Seminerio wants to see a
2 law more than Senator Larkin does and maybe we
3 can get it resolved that way.
4 I vote aye.
5 ACTING PRESIDENT FARLEY:
6 Continue the roll.
7 THE SECRETARY: Senator Gonzalez.
8 (There was no response.)
9 Senator Goodman.
10 SENATOR GOODMAN: Yes.
11 THE SECRETARY: Senator Hannon.
12 (There was no response.)
13 Senator Hoffmann.
14 SENATOR HOFFMANN: Yes.
15 THE SECRETARY: Senator Holland.
16 (There was no response.)
17 Senator Johnson.
18 SENATOR JOHNSON: Aye.
19 THE SECRETARY: Senator Jones.
20 (There was no response.)
21 Senator Kuhl.
22 SENATOR KUHL: Aye.
23 THE SECRETARY: Senator Lack.
716
1 SENATOR LACK: Aye.
2 THE SECRETARY: Senator Larkin.
3 SENATOR LARKIN: Mr. President,
4 to explain my vote.
5 ACTING PRESIDENT FARLEY: Senator
6 Larkin to explain his vote.
7 SENATOR LARKIN: Last year in
8 this house, we passed a significant piece of
9 legislation that addressed an issue of
10 handicapped individuals who wanted to use a bow
11 and arrow with their ATVs in our state parks.
12 After much discussion, it was
13 passed. It provided individuals who used to
14 hunt and fish, an access to use their bow and
15 arrow which had never been allowed before. We
16 didn't put any restrictions on it. The DEC
17 didn't want it because they were afraid of
18 people with a disability to be in a park and
19 using a bow and arrow.
20 The individual who brought that
21 matter to our attention said, quote "My ATV is
22 my legs. Luther was paralyzed from the chest
23 down in a construction accident. This is
717
1 important to me. I'm doing everything to make
2 my life the way it was before, to do what I used
3 to do." What he used to do is hunt and fish
4 with his buddies and his friends, and what our
5 legislation was to enable him to do it.
6 With regard to Senator Gold's
7 comments about egos or that -- this isn't an ego
8 trip for me. I'm blessed. I don't have a
9 child, a member of my family or associate who's
10 paralyzed and who owns an ATV. What we're
11 trying to do is provide access. Last year when
12 the Governor's office was talking about this
13 bill, a member of the Governor's office said,
14 "Remember, the Governor has consistently
15 supported measures that increase access for the
16 disabled and assist them in their ability to
17 lead full lives."
18 Mr. President, this is not an ego
19 trip. This is reality for those less fortunate
20 than ourselves.
21 I vote aye.
22 ACTING PRESIDENT FARLEY: Senator
23 Larkin votes aye.
718
1 Continue the roll.
2 THE SECRETARY: Senator LaValle.
3 (There was no response.)
4 Senator Leichter.
5 (There was no response.)
6 Senator Levy.
7 (There was no response.)
8 Senator Libous.
9 SENATOR LIBOUS: Aye.
10 THE SECRETARY: Senator Maltese.
11 SENATOR MALTESE: Aye.
12 THE SECRETARY: Senator Marchi.
13 SENATOR MARCHI: Aye.
14 THE SECRETARY: Senator Marino,
15 aye.
16 Senator Markowitz.
17 SENATOR MARKOWITZ: Yes.
18 THE SECRETARY: Senator Mendez,
19 excused.
20 Senator Montgomery.
21 SENATOR MONTGOMERY: Aye.
22 THE SECRETARY: Senator Nolan.
23 (There was no response.)
719
1 Senator Nozzolio.
2 (There was no response.)
3 Senator Ohrenstein, aye.
4 Senator Onorato.
5 SENATOR ONORATO: Aye.
6 THE SECRETARY: Senator
7 Oppenheimer.
8 SENATOR OPPENHEIMER: Aye.
9 THE SECRETARY: Senator Padavan.
10 SENATOR PADAVAN: Yes.
11 THE SECRETARY: Senator Pataki.
12 (There was no response.)
13 Senator Paterson.
14 (There was no response.)
15 Senator Present.
16 SENATOR PRESENT: Aye.
17 THE SECRETARY: Senator Rath.
18 SENATOR RATH: Aye.
19 THE SECRETARY: Senator Saland.
20 (There was no response.)
21 Senator Santiago.
22 SENATOR SANTIAGO: Yes.
23 THE SECRETARY: Senator Sears.
720
1 (There was no response.)
2 Senator Seward.
3 SENATOR SEWARD: Aye.
4 THE SECRETARY: Senator Skelos.
5 SENATOR SKELOS: Yes.
6 THE SECRETARY: Senator Smith.
7 SENATOR SMITH: Aye.
8 THE SECRETARY: Senator Solomon.
9 (There was no response.)
10 THE SECRETARY: Senator Spano.
11 SENATOR SPANO: Aye.
12 THE SECRETARY: Senator
13 Stachowski.
14 SENATOR STACHOWSKI: Yes.
15 THE SECRETARY: Senator Stafford.
16 (There was no response.)
17 Senator Stavisky.
18 (There was no response.)
19 Senator Trunzo, excused.
20 Senator Tully.
21 (There was no response.)
22 Senator Velella.
23 (There was no response.)
721
1 Senator Volker.
2 ACTING PRESIDENT FARLEY: Senator
3 Volker, how do you vote?
4 SENATOR VOLKER: Yes.
5 THE SECRETARY: Senator Waldon,
6 excused.
7 Senator Wright.
8 SENATOR WRIGHT: Aye.
9 ACTING PRESIDENT FARLEY:
10 Absentees.
11 THE SECRETARY: Senator Babbush.
12 (There was no response.)
13 Senator Bruno.
14 SENATOR BRUNO: Yes.
15 THE SECRETARY: Senator Espada,
16 excused.
17 Senator Galiber.
18 (There was no response.)
19 Senator Gonzalez.
20 (There was no response.)
21 Senator Hannon.
22 SENATOR HANNON: Yes.
23 THE SECRETARY: Senator LaValle.
722
1 (There was no response.)
2 Senator Leichter.
3 (There was no response.)
4 Senator Levy.
5 (There was no response.)
6 Senator Nolan.
7 (There was no response.)
8 Senator Nozzolio.
9 SENATOR NOZZOLIO: Aye.
10 THE SECRETARY: Senator Pataki.
11 (There was no response.)
12 Senator Paterson.
13 (There was no response.)
14 Senator Saland.
15 SENATOR SALAND: Aye.
16 THE SECRETARY: Senator Sears.
17 SENATOR SEARS: Aye.
18 THE SECRETARY: Senator Solomon.
19 (There was no response.)
20 Senator Stafford.
21 (There was no response.)
22 Senator Stavisky.
23 (There was no response.)
723
1 Senator Tully.
2 (There was no response.)
3 ACTING PRESIDENT FARLEY:
4 Results.
5 THE SECRETARY: Ayes 41, nays 0.
6 ACTING PRESIDENT FARLEY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 186, by Senator Cook, Senate Bill Number 2990,
10 an act to amend the Criminal Procedure Law.
11 SENATOR GOLD: Explanation.
12 ACTING PRESIDENT FARLEY:
13 Explanation. Senator Cook.
14 SENATOR COOK: Mr. President,
15 this bill provides that in cases where
16 individuals are charged with certain enumerated
17 crimes and cases where those individuals have
18 previously been incarcerated, convicted on such
19 crime or awaiting trial on another charge for
20 one of the enumerated crimes, that the judge is
21 not permitted to grant bail.
22 A couple of references. I have
23 one statement here. It's noted that 80 percent
724
1 of all persons convicted of robbery have at
2 least one prior felony arrest, and that more
3 than 2,000 persons arrested in New York City in
4 1976 for new crimes are already wanted under
5 bench warrants issued for absconding from
6 recognizance or bail granted on a prior felony
7 charge. This does not include the number
8 arrested for new crimes before absconder
9 warrants were issued on previous pending cases
10 for the number not yet -- who are not yet
11 apprehended.
12 That statement comes from a
13 report issued February 13th, 1978, by Senator
14 Ohrenstein's office, citing the situation that
15 this attempts to remedy. Another similar type
16 of statement: "Several academic studies on the
17 continuing criminal habits of persons granted
18 pre-trial release revealed startling
19 conclusions.
20 "The Institute for Law and
21 Social Research found that 26 percent of all
22 felonies committed in the District of Columbia
23 were committed by persons on some form of
725
1 conditional release. Another study by the U.S.
2 Attorney's Office of over 500 indicted robbery
3 defendants, reported a 70 percent re-arrest rate
4 while on pre-trial release.
5 "While property crimes such as
6 burglary evidence the highest recurrence rate,
7 serious crimes against the person are repeated
8 at an alarming rate. Up to 28 percent of all
9 murders, 19 percent of all rapes are committed
10 by persons on conditional release.
11 "For example --" and this is
12 continuing with a quote -- "in my own state of
13 Massachusetts, former Chief Judge Justice Walter
14 McLoughlin, in a speech two and a half years
15 ago, pointed out that 50 percent of all crime in
16 certain Massachusetts committed -- counties were
17 committed by defendants awaiting trial." That
18 is from Senator Edward Kennedy.
19 I think that the case in support
20 of this type of measure is well made by persons
21 other than myself and with that, I would
22 recommend its passage.
23 SENATOR GOLD: Mr. President.
726
1 ACTING PRESIDENT FARLEY: Senator
2 Gold.
3 SENATOR GOLD: Yeah, this bill
4 which we've had a number of times before, on
5 preventive detention, has been opposed by
6 Senator Dollinger and Galiber and Connor and
7 myself and Leichter, Markowitz, Montgomery
8 Ohrenstein, Paterson, Santiago, Smith and
9 Waldon, and I guess that's it.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 11. This
13 act shall take effect on the 1st day of January.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Those recorded in
18 the negative on Calendar Number 186 are Senators
19 Dollinger, Gold, Markowitz, Montgomery,
20 Ohrenstein, Santiago, Smith and Stavisky. Ayes
21 46, nays 8.
22 ACTING PRESIDENT FARLEY: The
23 bill is passed.
727
1 Senator Stavisky.
2 SENATOR STAVISKY: Mr. President,
3 without objection, I would like to be recorded
4 in the negative on Calendar 153 previously
5 passed.
6 ACTING PRESIDENT FARLEY: Senator
7 Stavisky will be in the negative on 153, without
8 objection.
9 THE SECRETARY: Calendar Number
10 187, by Senator Lack, Senate Bill Number 3498,
11 an act to amend the Penal Law, in relation to
12 possession and sale of fireworks.
13 SENATOR DOLLINGER: Explanation.
14 ACTING PRESIDENT FARLEY:
15 Explanation. Senator Lack.
16 SENATOR LACK: Thank you, Mr.
17 President.
18 Mr. President, this bill repeals
19 the current provisions with respect to
20 possession of fireworks and would substitute in
21 their place, a multi-pronged amendment to the
22 Penal Law which would establish various
23 classifications of utilization of fireworks
728
1 which would range from a felony to a Class B
2 misdemeanor.
3 ACTING PRESIDENT FARLEY: Senator
4 Dollinger.
5 SENATOR DOLLINGER: Mr.
6 President, I believe there's an amendment to
7 this bill at the desk.
8 ACTING PRESIDENT FARLEY: We have
9 it here.
10 SENATOR DOLLINGER: Yes, could I
11 waive the reading of the amendment and be heard
12 on the amendment, Mr. President?
13 ACTING PRESIDENT FARLEY: Senator
14 Present, why do you rise?
15 SENATOR PRESENT: Mr. President,
16 on a point of order.
17 Senator Dollinger's amendments to
18 Senator Lack's bill are out of order since it
19 violates Rule 6, Section 4(b), in that it is not
20 germane to the original object of Senator Lack's
21 bill which relates to penalties for fireworks,
22 possession of.
23 SENATOR DOLLINGER: Mr.
729
1 President.
2 SENATOR PRESENT: Therefore, I
3 ask that you rule Senator Dollinger's amendment
4 out of order.
5 SENATOR DOLLINGER: Mr.
6 President, before the ruling -
7 ACTING PRESIDENT FARLEY: Just a
8 moment, Senator Dollinger.
9 SENATOR DOLLINGER: Point of
10 order then, Mr. President. May I just inquire
11 as to whether the issue of germaneness may be
12 debated prior to the ruling of the Chair?
13 SENATOR GOLD: Yes.
14 ACTING PRESIDENT FARLEY: Go
15 ahead.
16 SENATOR DOLLINGER: Prior to the
17 ruling of the Chair, Mr. President, it seems to
18 me that the amendment which I seek to have
19 appended to this bill, which I think is a good
20 bill by the way, and I'll talk about the bill in
21 general when the amendment has been dealt with
22 but the issue is germaneness, that is, is it
23 relevant?
730
1 And first of all, this deals with
2 the -- the bill as I understand it, involves a
3 category of what's termed "weapon" and that is a
4 firecracker, fireworks, it says in the sponsor's
5 memo accompanying this bill and I just read it.
6 Current law does little to deter
7 individuals from engaging in the potentially
8 lucrative business of illicit sales of
9 fireworks. The profits from the illegal sale of
10 fireworks can be substantial. Regardless of the
11 fireworks process -- possession, sold, the
12 maximum penalty is a Class B misdemeanor.
13 People are killed or maimed each
14 year by fireworks sold illegally in New York.
15 Under the proposed law, specific possession or
16 sale of fireworks would become more serious.
17 I would simply submit that the
18 amendment which seeks to append assault weapons
19 in the law of the state of New York, you can
20 take the term "assault weapons" and just tie it
21 right to the term "fireworks", just put a little
22 "and" and put the term "assault weapons" and
23 you would have the same exact rationale in
731
1 support of the assault weapon ban.
2 In addition, Mr. President, this
3 bill involves possession of certain weapons,
4 that is fireworks, penalizes that. It creates
5 new categories in increased penalties.
6 I submit, Mr. President, that all
7 of the provisions of the assault weapon bills
8 that Governor Cuomo has proposed that are
9 contained in this amendment do exactly the same
10 thing. Nothing could be more germane than to
11 amend the Penal Law to restrict access to
12 assault weapons, to permit assault weapons in
13 certain instances.
14 I submit, Mr. President, that
15 this is -- exactly what the firework prohibition
16 is trying to do we're trying to do for something
17 that is far more dangerous, far more deadly than
18 the ban on fireworks.
19 Mr. President, I believe it is
20 germane, and I would think that this -- the
21 order of the chair should be that it is germane
22 and the amendment should be sustained on that
23 basis.
732
1 ACTING PRESIDENT FARLEY: I thank
2 you, Senator Dollinger, for your persuasive
3 argument but I'm not quite convinced and I rule
4 it's not germane.
5 SENATOR DOLLINGER: I appeal the
6 ruling of the Chair, Mr. President.
7 ACTING PRESIDENT FARLEY: There's
8 a motion to appeal the ruling of the Chair.
9 All in favor of sustaining the
10 Chair will vote aye.
11 (Response of "Aye".)
12 Those in favor of overruling the
13 Chair will vote nay.
14 (Response of "Nay".)
15 ACTING PRESIDENT FARLEY: I think
16 the ayes have it. The chair is sustained.
17 SENATOR DOLLINGER: Mr.
18 President, on the bill.
19 ACTING PRESIDENT FARLEY: On the
20 bill, Senator Dollinger.
21 SENATOR DOLLINGER: I will
22 attempt to be germane. It seems to me, Mr.
23 President, this bill is a good bill. I commend
733
1 Senator Lack for the bill. I hope it passes. I
2 think it does some very, very good things, but I
3 would simply point out, Mr. President, I'm not
4 aware of anybody stepping on the Long Island
5 Rail Road. I'm not aware of anybody throwing
6 firecrackers at people in New York City or
7 throwing firecrackers at people in the city of
8 Rochester and killing them.
9 With all due respect, this is a
10 good bill. It takes an itty-bitty step in the
11 right direction. Let's get on and do the real
12 bill that moves us completely in the right
13 direction: Restrict access to assault weapons.
14 ACTING PRESIDENT FARLEY: Read
15 the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect on the 1st day of
18 November.
19 ACTING PRESIDENT FARLEY: Call
20 the roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 54.
23 ACTING PRESIDENT FARLEY: The
734
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 180...
4 ACTING PRESIDENT FARLEY: Hold it
5 up for a minute.
6 Senator Montgomery, I'm sorry.
7 SENATOR GOLD: Negative on this
8 bill, on the Lack bill.
9 ACTING PRESIDENT FARLEY: Okay.
10 Senator Montgomery is in the negative on 187.
11 Senator Present.
12 SENATOR PRESENT: Mr. President,
13 there being no further business, I move that we
14 adjourn until -- somebody else going to say
15 something?
16 ACTING PRESIDENT FARLEY: Hold
17 on.
18 SENATOR MONTGOMERY: I have a
19 couple of no votes.
20 Thank you, Mr. President. I
21 would like unanimous consent to be recorded in
22 the negative on Calendars Number 163 -- 1 -
23 153.
735
1 ACTING PRESIDENT FARLEY: 153.
2 SENATOR MONTGOMERY: And 180.
3 ACTING PRESIDENT FARLEY: And
4 180.
5 Senator Volker?
6 SENATOR MONTGOMERY: Thank you.
7 ACTING PRESIDENT FARLEY: Did 180
8 pass? Yes, it did.
9 Senator Dollinger.
10 SENATOR DOLLINGER: Just on a
11 point of order, Mr. President. Did we do number
12 154? I didn't think we had done that. I just
13 want to make sure.
14 ACTING PRESIDENT FARLEY: No, it
15 did not pass, Senator Dollinger.
16 SENATOR DOLLINGER: Thank you,
17 Mr. President.
18 ACTING PRESIDENT FARLEY: Are
19 there any other motions?
20 (There was no response.)
21 Seeing none, Senator Present.
22 SENATOR PRESENT: Mr. President,
23 there being no further business, I move that we
736
1 adjourn until Monday, February 28th at 3:00
2 p.m., intervening days to be -
3 ACTING PRESIDENT FARLEY: Hold it
4 up.
5 Senator Present, we've just got a
6 little housekeeping.
7 SENATOR PRESENT: Let's do it.
8 THE SECRETARY: Senator Goodman,
9 from the Committee on Investigations, Taxation
10 and Government Operations, reports the following
11 two bills directly for third reading:
12 Senate Bill Number 6150, by
13 Senator Goodman, an act to amend the Tax Law.
14 And Senate Bill Number 6390, by
15 Senator Larkin, Public officers Law and the
16 Village Law.
17 ACTING PRESIDENT FARLEY: Without
18 objection, reported to third reading.
19 Senator Present.
20 SENATOR PRESENT: Now, Mr.
21 President, there being no further business, I
22 move that we adjourn until Monday, February
23 28th, 3:00 p.m., intervening days to be
737
1 legislative days.
2 ACTING PRESIDENT FARLEY: The
3 Senate stands adjourned until Monday, the
4 regular hour, 3:00 p.m., intervening legislative
5 days.
6 (Whereupon, at 4:55 p.m., the
7 Senate adjourned.)
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