Regular Session - May 4, 1994
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9 ALBANY, NEW YORK
10 May 4, 1994
11 10:00 a.m.
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14 REGULAR SESSION
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18 SENATOR JOHN R. KUHL, 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 KUHL: The
3 Senate will come to order. Senators take your
4 places. Let's all rise and join with me in
5 saying the Pledge of Allegiance.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT KUHL: We have
9 the very distinguished honor of being joined by
10 Chaplain Richard Camp, who is the chaplain at
11 the military establishment at West Point, and
12 for the invocation. Chaplain Camp.
13 CHAPLAIN CAMP: Let us pray
14 together.
15 We stand tall in these moments to
16 applaud you, O God. You are the creator and
17 sustainer of the universe. In a world uncertain
18 about many things, we pause in this hushed
19 moment of prayer sure of You and Your goodness.
20 We turn to You in our anxiety
21 about the future, about the welfare of our state
22 and our nation and our legacy to our children.
23 Give us wisdom that with Your
3197
1 counsel, we will chart the course in accordance
2 with Your word. And we ask Your guidance upon
3 the men and women who serve here in the affairs
4 of New York State. We remember too before You
5 all those who lead and guide the colleges and
6 the universities of and in New York, and today
7 we pray for the United States Military Academy.
8 May our purpose remain clear, our
9 mission noble and our product standing tall for
10 what's right and good. In Your faithful name we
11 pray. Amen.
12 ACTING PRESIDENT KUHL: Reading
13 of the Journal.
14 THE SECRETARY: In Senate,
15 Tuesday, May 3rd. The Senate pursuant to
16 adjournment, Senator Spano in the Chair upon
17 designation of the Temporary President. Prayer
18 by Bishop Muriel Grant of Brooklyn. The Journal
19 of Monday, May 2nd, was read and approved. On
20 motion, Senate adjourned.
21 THE SECRETARY: Hearing no
22 objection, the Journal stands approved as read.
23 Presentation of petitions.
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1 Messages from the Assembly.
2 Messages from the Governor.
3 Reports of standing committees.
4 Reports of select committees.
5 Communications and reports from
6 state officers.
7 Motions and resolutions.
8 Senator Johnson.
9 SENATOR JOHNSON: Mr. President,
10 I've got a motion to make. I don't have the
11 page number right before me, unfortunately, but
12 it is Calendar Number 285, please remove the
13 sponsor's star.
14 ACTING PRESIDENT KUHL: Sponsor's
15 star is removed on Calendar Number 285.
16 Senator Velella.
17 SENATOR VELELLA: Calendar 472,
18 Senate Print 6859-A, would you place a sponsor's
19 star on that bill, please?
20 ACTING PRESIDENT KUHL: Sponsor's
21 star is placed on Calendar Number 482.
22 The Secretary will read some
23 substitutions.
3199
1 THE SECRETARY: On page 5 of
2 today's calendar, Senator Smith moves to
3 discharge the Committee on Cities from Assembly
4 Bill Number 8067-A and substitute it for the
5 Identical Calendar Number 755.
6 THE SECRETARY: Substitution is
7 ordered.
8 THE SECRETARY: On page 6,
9 Senator Levy moves to discharge the Committee on
10 transportation from Assembly Bill Number 9611
11 and substitute it for the Identical Calendar
12 Number 762.
13 ACTING PRESIDENT KUHL:
14 Substitution is ordered.
15 THE SECRETARY: On page 10,
16 Senator Sears moves to discharge the Committee
17 on Consumer Protection from Assembly Bill Number
18 8832-B and substitute it for identical Calendar
19 Number 795.
20 THE SECRETARY: Substitution is
21 ordered.
22 THE SECRETARY: On page 12,
23 Senator Farley moves to discharge the Committee
3200
1 on Local Government from Assembly Bill Number
2 6710 and substitute it for the identical
3 Calendar Number 811.
4 ACTING PRESIDENT KUHL:
5 Substitution is ordered.
6 THE SECRETARY: On page 12,
7 Senator Skelos moves to discharge the Committee
8 on Local Government from Assembly Bill Number
9 8460-A and substitute it for the identical
10 Calendar Number 817.
11 THE SECRETARY: Substitution is
12 ordered.
13 THE SECRETARY: On page 15,
14 Senator Maltese moves to discharge the Committee
15 on Crime Victims, Crime and Correction from
16 Assembly Bill Number 7960 substitute it for the
17 identical Calendar Number 834.
18 ACTING PRESIDENT KUHL:
19 Substitution is ordered.
20 Senator Present.
21 SENATOR PRESENT: Mr. President,
22 would you recognize Senator Larkin, please?
23 ACTING PRESIDENT KUHL: Senator
3201
1 Larkin.
2 SENATOR LARKIN: Mr. President, I
3 believe we have a privileged resolution at the
4 desk. I wish it to be read in its entirety.
5 ACTING PRESIDENT KUHL: The clerk
6 will read.
7 THE SECRETARY: Legislative
8 Resolution, by Senators Larkin, Marino and all
9 members of the Senate, celebrating the
10 establishment of the United States Military
11 Academy at West Point and calling upon Governor
12 Mario M. Cuomo to declare May 4th, 1994 as "West
13 Point Day" in New York State;
14 WHEREAS this legislative body is
15 justly proud to celebrate the establishment of
16 the United States Military Academy at West Point
17 and to call upon Governor Mario M. Cuomo to
18 declare May 4th, 1994 as "West Point Day" in New
19 York State;
20 By an act of Congress on March
21 16th, 1802, the United States Military Academy
22 was established within the borders of New York
23 State on the banks of the Hudson River.
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1 The Academy and its graduates are
2 an integral part of the proud history of this
3 state and nation.
4 The leadership and sacrifices of
5 the members of "the Long Grey Line" have helped
6 this country withstand countless threats to our
7 cherished democratic way of life.
8 The alumni has -- have excelled
9 not only on the battle field but in many fields
10 of endeavor.
11 The Academy continues to provide
12 our country with able and dedicated future
13 leaders.
14 Its scenic campus is a mecca each
15 year for thousands of visitors from across our
16 state, continent and other countries.
17 The United States Military
18 Academy is in the forefront of our state's
19 outstanding institutions of higher learning.
20 Forty-five years ago, the late
21 James T. McNamara, then a member of the New York
22 State Assembly and a member of the Academy's
23 class of 1939, was the author of the state
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1 Legislature's first West Point Day resolution.
2 For decades, our nation has
3 enjoyed the legacy of freedom, and the United
4 States Military Academy at West Point has played
5 a vitally significant role in the maintenance of
6 peace and freedom.
7 These members of the august
8 chambers are equally as proud to commemorate
9 this event marking "West Point Day" in New York
10 State; now, therefore, be it
11 RESOLVED, that this legislative
12 body pause in its deliberations to celebrate the
13 establishment of the United States Military
14 Academy at West Point and to call upon Governor
15 Mario M. Cuomo to declare May 4th, 1994 as "West
16 Point Day" in New York State; and be it further
17 RESOLVED, that a copy of this
18 resolution, suitably engrossed, be transmitted
19 to Governor Mario M. Cuomo.
20 ACTING PRESIDENT KUHL: Senator
21 Larkin on the resolution.
22 SENATOR LARKIN: Mr. President,
23 on the resolution. It is an honor and privilege
3204
1 to offer this resolution on behalf of the United
2 States Military Academy at West Point.
3 This is a tradition, its 45th
4 year, that we paid the respect and homage that
5 is due to the Academy, its faculty, its staff
6 and most important, its cadets. I want to
7 welcome General Graves, the Superintendent of
8 the United States Military Academy. I'm very
9 proud that you have been able to join with us
10 today, General Graves.
11 General Graves, ladies and
12 gentlemen, is a graduate of the United States
13 Military Academy. He's had a distinguished
14 military career, serving in such famed combat
15 units as the 82nd All American Airborne Division
16 and also the 1st Infantry Division commonly
17 referred to as the "Big Red 1".
18 General Graves has also served in
19 many distinguished posts in the United States as
20 well as abroad, and before assuming his position
21 as Superintendent of the Military Academy, he
22 was the number two man in the Joint Chiefs of
23 Staff working closely with General Powell. In
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1 1991, he became the superintendent of the
2 academy. General Graves, it's an honor to
3 welcome you here today.
4 You know, as we look at these
5 young cadets, all of us should take a step back
6 and reflect on their lives, not only of today
7 but what their lives will be in the future.
8 Will it be in Bosnia, will it be in Korea, will
9 it be in Haiti, will it be back to Somalia or
10 where it might be. These are the young people
11 who have taken and will put four years in as a
12 cadet and have a commitment for five years to
13 their country. They will be the individuals,
14 men and women on the front line, whether it is
15 maintaining peace, humanitarian duties and some
16 will eventually leave and lead private
17 corporations and lead segments of government.
18 If you think about the Academy,
19 you think about some of the great leaders that
20 we've had. Just look, Pershing, Eisenhower,
21 Patton, MacArthur, and when you look at the
22 Desert, you think of General Norman
23 Schwartzkopf.
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1 These cadets, quite honestly,
2 don't know what the future is, nor do we, but
3 they have accepted the challenge and are willing
4 to do it. We're truly proud of you, not just
5 for being here. What we really want to say to
6 you, is that we're proud that there are men and
7 women and especially those of you, except for
8 the first captain, who happens to come from
9 Texas like the sup', of those of you from New
10 York who thought enough about your life in the
11 future and the fact that you wanted to be a part
12 of something. You are a part of something that
13 stands out. You're a visible sight. You are a
14 sight for America. Two and a half million
15 visitors come to the Point each year and they
16 see you, and when they see you, they see
17 America's finest.
18 Mr. President, I would like to
19 acknowledge those who are here with us today.
20 First, the Superintendent of the United States
21 Military Academy, that is distinguished
22 Superintendent Lieutenant General Howard Graves;
23 the director of public affairs, Lieutenant
3207
1 Colonel Don McGrath from the great county of
2 Nassau; our cadet chaplain who you just heard
3 from, Chaplain Camp; the aide to general Graves,
4 Major Thomas Kassner, and a tactical officer -
5 and for those of you who don't know what a
6 tactical officer is, he's like your father, he
7 runs you day and night -- Captain Woods; and
8 from the public affairs office, Ms. Gascon right
9 here.
10 The cadets that are with us
11 today: Cadet Kristina Sinacori from Pomona, New
12 York, Rockland County. Please stand up as I
13 call your name. Cadet Wang John Hwang from
14 Flushing, New York; Cadet Katharyn Kilbride from
15 Garden City; Cadet Kyle Jette from Amsterdam;
16 Cadet Deidre Spence from Liverpool; Cadet
17 Tiffany Havasy from Scotia; Cadet Bradley
18 Harrison from Briarcliff Manor; Cadet Gregory
19 Yatarola from Dolgeville; Cadet Kristen Carlson
20 from Staten Island; Cadet Adrian Rodriguez from
21 the Bronx, and the leader of the corps of
22 cadets, the first captain, Howard Hoege of
23 Kingwood, Texas.
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1 Ladies and gentlemen, the
2 Military Academy at West Point.
3 (Applause.)
4 SENATOR MONTGOMERY: Mr.
5 President.
6 ACTING PRESIDENT KUHL: Senator
7 Montgomery, Senator Larkin still has the floor.
8 SENATOR MONTGOMERY: Oh, I'm
9 sorry. I thought you sat down, Senator.
10 ACTING PRESIDENT KUHL: Senator
11 Marchi indicated a desire to speak. Did you
12 want to speak also on the resolution, Senator
13 Montgomery?
14 SENATOR MONTGOMERY: Yes.
15 ACTING PRESIDENT KUHL: Senator
16 Marchi.
17 SENATOR MARCHI: I'll yield to
18 you first.
19 SENATOR MONTGOMERY: Thank you,
20 Senator Marchi.
21 I'll be very brief. I just
22 wanted to especially compliment this group of
23 cadets because I see there are a number of
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1 women, and I think that more than ever, we're
2 going to need those women in the military
3 because the kinds of conflicts that we are
4 experiencing across the world, I think are going
5 to -- it's going to make a difference that we
6 have women there. We saw how important and how
7 significant it was that women were in the most
8 recent -- in our most recent involvement as a
9 military conflict situation, and so I just want
10 to welcome you as a woman who sometimes I feel
11 that I'm also in the military here in the Senate
12 in many ways. We have our own battles to wage
13 as women here, and so I want to reach out to you
14 and say, welcome, congratulations, not to
15 diminish the men but certainly to lift up the
16 fact that we have women there, and I would also
17 like to especially welcome the cadet from
18 Texas. In my other life, I was a Texan, so I'm
19 a New Yorker now, but I love -- I still love
20 Texas. Welcome. Welcome. Welcome.
21 ACTING PRESIDENT KUHL: Senator
22 Marchi.
23 SENATOR MARCHI: Mr. President,
3210
1 Senator Montgomery called our attention to the
2 fact that we now have a term that we can't use
3 anymore, I guess the distaff side in rich
4 measure and, of course, one of them is from the
5 county of Richmond.
6 I was reminded -- I was reminded
7 in observing the Senator's remarks that we have
8 a comparable experience here on this floor with
9 our own bases of operation and our own tactical
10 maneuvers and battles hopefully coming out with
11 products that in some way reflect basic needs
12 and goals and objectives.
13 I remember Senator Brydges who
14 was the Majority Leader of this house many years
15 ago, said that -- quoted Oscar Wilde in
16 describing our own life and is somewhat
17 descriptive of your own, that "He who lives more
18 lives than one more lives then one must die",
19 because you are engaged in a total experience
20 that becomes so much a part of you, that when
21 you leave it or you separate yourself from it,
22 it -- it's a kind of death. On the other hand,
23 it's redeemed completely and given total
3211
1 vindication in the prayer that the chaplain gave
2 us, and that is the moral, the moral and
3 spiritual element that is central to your
4 purpose, central to your motivation, and your
5 role in defending freedom and defending world
6 peace.
7 This is a tremendous responsi
8 bility that you are carrying, and if you keep
9 alive that flame of faith, that spiritual faith
10 that has sustained great leaders and great
11 people that have ever come out of the Academy,
12 whatever their roles, whether they exercised the
13 highest levels of responsibility or intermediate
14 levels, all of them had a profound effect, not
15 only on results which we hope furthered the
16 cause of freedom and peace, but also in
17 regenerating the spirit of mankind, the humanity
18 itself that we are dedicated to this principle
19 and you are active agents in protecting it,
20 shielding it, and ensuring that it remains
21 central to our purpose as a nation and as a
22 people.
23 I'd just like to have my remarks
3212
1 joined with the others that have been made
2 because they certainly -- I address you as a
3 grandfather, not even a father would -- each and
4 every one of you, and in you I see so much hope
5 of what is good and best for this country in the
6 future.
7 ACTING PRESIDENT KUHL: Senator
8 DeFrancisco.
9 SENATOR DeFRANCISCO: I'm very
10 proud to rise and greet Deidre Spence from my
11 district, and I want to speak in a little
12 different vein than what's been said before.
13 You know, unfortunately, what we
14 see and hear most in the media and even on the
15 Senate floor or anywhere you go is all the
16 problems of this world and all the dim future
17 that we had because people don't have
18 responsibility anymore. They don't act
19 responsibly. They don't act with character.
20 They don't act with dignity or just plain
21 sensitivity, and I just met Deidre at 10:00
22 o'clock this morning, and unfortunately, I
23 didn't get a chance to speak with the other
3213
1 cadets, but I'm sure the same can be said for
2 them.
3 You get this great feeling being
4 around them that there is a future for this
5 country, there is a future, that we do have
6 people like this that are disciplined, that are
7 responsible human beings, that are going to help
8 make this country even greater than it is now,
9 so I welcome all of you and congratulate all of
10 you and thank you for coming, in a personal
11 sense that it makes me feel good that maybe we
12 do have the future that I hope we have for my
13 children who happen to be your ages as you sit
14 there today.
15 And thank you and congratu
16 lations.
17 ACTING PRESIDENT KUHL: Senator
18 Wright.
19 SENATOR WRIGHT: Mr. President, I
20 rise to join my colleagues in recognizing West
21 Point and the fine young men and women who have
22 joined us today as cadets.
23 I represent the city of
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1 Watertown, Jefferson County area in my district
2 that serves as home to Fort Drum and the 10th
3 Mountain Division, and I hope and know that many
4 of these young men and women will at some time
5 during their military career spend time at that
6 assignment and spend time in my community, and
7 I'm sure they will, as their predecessors have,
8 distinguished the uniform and the nation that
9 they serve and blend in with that community and
10 make it a strong integral part of New York
11 State, and I would remind my colleagues that
12 while we're recognizing West Point today, that
13 it too is not only a military installation in
14 this state that provides certainly our officer
15 corps and the leadership, but it also is an
16 important part of the economy of this state as
17 are the other military installations.
18 It's an important aspect that
19 when we're recognizing these young men and
20 women, we also recognize the Army itself, its
21 involvement in New York State and reinforce New
22 York State's commitment to support the United
23 States Army, the other military services and the
3215
1 important role that they play in this state.
2 Thank you, Mr. President.
3 ACTING PRESIDENT KUHL: Senator
4 Rath.
5 SENATOR RATH: Thank you.
6 I rise also to say how happy I am
7 to participate in the day with the young cadets
8 from West Point and the former cadets who are
9 now our military leaders at the Point. I'm part
10 of their generation.
11 Quote, "A man who has never lost
12 himself in a cause bigger than himself has
13 missed one of life's mountaintop experiences."
14 I had my staff send that quote to me last week
15 because I thought I might have occasion to use
16 it. I was late and I didn't get a chance to use
17 their quote, but a week ago today we read our
18 resolution in this chamber and adopted it, went
19 to the steps of the Capitol and participated in
20 a 21-gun salute honoring Richard Milhous Nixon.
21 The quote I just read to you is from Former
22 President Nixon.
23 That brings me to something that
3216
1 happened this morning, a memorial for deceased
2 members of the Legislature. All of this is new
3 to me. You have to understand I'm a freshman
4 and so as a freshman, everything I do is a new
5 experience and I'm putting it all together with
6 what I hope will be a mountaintop experience for
7 me some day here in this chamber. The rabbi in
8 that memorial service reminded us of the
9 Thornton Wilder play, "Our Town" and the
10 character Emily. If you haven't read it lately
11 or if you haven't read it at all, I would
12 recommend that you read it because the message
13 from Emily is to remember to live life while you
14 are living it, and you're at the beginning of
15 some very interesting lives, and that play will
16 be -- will speak to you at age 21 or 22. It
17 will speak to you at age 50 because the message
18 is clear. Remember to live life while you are
19 living it.
20 My staff person who sent these
21 quotes to me didn't know what I was going to
22 want and offered me two quotes to use last week
23 had I needed or been able to use those quotes,
3217
1 and I would like to close with the following
2 which was a second quote that was sent to me,
3 and I think that message is also very clear.
4 Quote, "There is something
5 better, if possible, that a man can give than
6 his life; that is his living spirit to a service
7 that is not easy." President Woodrow Wilson. I
8 believe sometimes your service will not be easy,
9 but the spirit in which you live that service
10 will be an honor to all of us and to you all who
11 are doing it so gracefully and with so much good
12 heart and with such high hopes.
13 Thank you for being what you are.
14 ACTING PRESIDENT KUHL: The Chair
15 recognizes Senator Gold.
16 SENATOR GOLD: Thank you, Mr.
17 President.
18 Mr. President, I'm not ashamed to
19 say that I'm old enough to remember some of
20 those great old movies, the "West Point Story"
21 and all of those which were at a time when you
22 see a movie and you didn't have to worry about
23 crazy endings but they were just wonderful
3218
1 stories and you felt great to be an American
2 when you saw these -- these movies.
3 And this is always a good day for
4 us in Albany. I look at these fine young people
5 and understand that with what we are giving
6 them, they unquestionably have an obligation to
7 us. On the other hand, what is really more
8 important is that we in government have a great
9 obligation to you. If you do well, what you are
10 being taught, the skills you are learning turn
11 out to be one of our greatest weapons, if not
12 our greatest weapon.
13 Senator Larkin referred to your
14 accepting the challenge, and obviously by
15 accepting that challenge, it challenges us to
16 keep the world free so that the ultimate
17 sacrifice is not called for by any of you
18 wonderful people, for any American citizen or,
19 indeed, anybody. But your skill and your
20 dedication and your acceptance of that challenge
21 used properly by the citizens in government,
22 keep all of us safe, my family, my children, God
23 willing, some day my grandchildren.
3219
1 So it is with the deepest respect
2 and honor that we have you here today and that
3 you grace our chamber, and I wish the Academy
4 well, and particularly the people who have
5 joined us today. May we all wish you Godspeed.
6 ACTING PRESIDENT KUHL: The Chair
7 recognizes Senator Sears.
8 SENATOR SEARS: Thank you very
9 much, Mr. President.
10 I rise to also greet the
11 contingent of cadets and the General up here
12 today on "West Point Day" and, especially, I
13 would like to recognize Gregory P. Yatarola from
14 Dolgeville which is in my Senatorial District in
15 the 47th Senate District.
16 Many, many great men have come
17 before you, and I'm sure many more will come
18 after your term in the military. I was very
19 fortunate in having served under one of the
20 great generals of the United States of all time
21 in my opinion. I went in with Governor -
22 General MacArthur at Inchon, and I know of his
23 capabilities because I was there to serve with
3220
1 him, and maybe I didn't agree with the final
2 decision on his coming back to the States
3 because I believed as he did that you were in
4 the war to win, and that was the only reason you
5 were there.
6 But I certainly want to commend
7 all of you, General, and all of your cadets and
8 all of the people that you work with because if
9 there's one thing that this country needs today
10 perhaps more than any other time, it's certainly
11 not down-sizing our military. We must maintain
12 a strong military if we're going to be the
13 leader of the world, and for all the work that
14 you do along those lines, I commend you and I
15 welcome you. Godspeed.
16 ACTING PRESIDENT KUHL: The Chair
17 recognizes Senator DiCarlo.
18 SENATOR DiCARLO: Thank you, Mr.
19 President.
20 As chairman of the Veterans
21 Committee, I would like to welcome you here
22 today and say how very proud we are of you. I
23 would also like to make a point to you that I'm
3221
1 sure that it's much easier to get into this
2 body, into the Senate, than it is to get into
3 the Point. So, you've all probably excelled and
4 far surpassed anything that anyone here probably
5 could have attained, so you should be proud of
6 that.
7 I'd also take this opportunity to
8 remind everybody in this chamber, we talk about
9 how proud we are of you now, but I would remind
10 everybody that we should also remember you as
11 you're here today when we deal with affairs of
12 veterans. You've got many years to serve and
13 many years before you to get to that point, but
14 I would remind everybody that we're proud of you
15 now, but we should also be proud of you when you
16 are retired and when you are veterans, and we
17 should always keep that in our minds, and I
18 assure you that many of us here feel that way,
19 that in your active life and when you retire and
20 you're veterans, that we will be here to support
21 you and congratulations.
22 ACTING PRESIDENT KUHL: The Chair
23 recognizes Senator Larkin to close on the
3222
1 resolution.
2 SENATOR LARKIN: Sir -- Mr.
3 President, before I close, I would like to
4 apologize. Cadet Eric McAllister from
5 Cobleskill, please. Senator Cook will give me
6 heck. Thank you very much.
7 Mr. President, my colleagues,
8 again on behalf of all of us, we're honored that
9 you would be here today. We wish you Godspeed.
10 We wish you good luck. We wish you a career as
11 you pursue the finishing of your studies at the
12 Academy and your ensuing five years of commit
13 ment, and we wish that you, as you enter that
14 phase, will look at peace, the symbol that
15 you're working for, because you as strong
16 leaders will help us preserve peace, not only
17 for us here in America but for the world. You
18 are America's finest and we salute you.
19 Thank you, Mr. President.
20 ACTING PRESIDENT KUHL: The
21 question is on the resolution. All those in
22 favor, signify by saying aye.
23 (Response of "Aye".)
3223
1 Opposed?
2 (There was no response.)
3 The resolution is adopted
4 unanimously.
5 General Graves, on behalf of
6 Ralph Marino, the President Pro Tem of the
7 Senate, Senator Larkin and all of the members of
8 the house, we congratulate you on what you do.
9 You do it so well.
10 And thank you for bringing the
11 cadets and your faculty members to share just a
12 bit of yours lives with us. You can see from
13 the outpouring of the members that it's -
14 you're very, very inspirational to us. Thank
15 you for sharing the intellect of the Corps, and
16 certainly their enthusiasm that reassures us for
17 the brightness of America.
18 Thank you for being here.
19 (Applause.)
20 ACTING PRESIDENT KUHL:
21 Senator Present.
22 SENATOR PRESENT: Mr. President,
23 would you recognize Senator Libous?
3224
1 ACTING PRESIDENT KUHL: Senator
2 Libous.
3 SENATOR LIBOUS: Thank you, Mr.
4 President.
5 I have a privileged resolution at
6 the desk, and I waive its reading and ask that
7 just its title be read and be adopted, please.
8 ACTING PRESIDENT KUHL: The clerk
9 will read the title of the special resolution.
10 THE SECRETARY: Legislative
11 Resolution, by Senators Libous and Cook,
12 commending Colchester Holdings, Incorporated
13 upon the occasion of its designation as "New
14 York State's Small Business of the Year".
15 ACTING PRESIDENT KUHL: The
16 question is on the resolution. All those in
17 favor signify by saying aye.
18 (Response of "Aye".)
19 Opposed nay.
20 (There was no response.)
21 The resolution is adopted.
22 Senator Wright.
23 SENATOR WRIGHT: Mr. President,
3225
1 on behalf of Senator Lack, I wish to call up
2 Bill Print Number 6694, recalled from the
3 Assembly which is now at the desk.
4 THE SECRETARY: By Senator Lack,
5 Senate Bill Number 6694, an act to amend the
6 Penal Law, in relation to conditional
7 sentencing.
8 SENATOR WRIGHT: I now move to
9 reconsider the vote by which this bill was
10 passed.
11 ACTING PRESIDENT KUHL: Call the
12 roll on reconsideration.
13 (The Secretary called the roll on
14 reconsideration.)
15 THE SECRETARY: Ayes 45.
16 ACTING PRESIDENT KUHL: The bill
17 is before the house, Senator Wright.
18 SENATOR WRIGHT: Mr. President, I
19 now offer the following amendments.
20 ACTING PRESIDENT KUHL: The
21 amendments are received and adopted.
22 Senator Present.
23 SENATOR PRESENT: Would you
3226
1 recognize Senator Kruger, please?
2 ACTING PRESIDENT KUHL: Senator
3 Kruger.
4 SENATOR KRUGER: Mr. President, I
5 ask for a privileged resolution to be adopted
6 unanimously, Number 3488. I waive its reading.
7 ACTING PRESIDENT KUHL: The
8 resolution is at the desk. The clerk will read
9 the title.
10 THE SECRETARY: Legislative
11 Resolution, paying tribute to Sister Jane
12 Talbot, R.S.M., Adele Millstein, Anthony
13 Giordano, the late John F. Carroll and the
14 Bensonhurst Council of Jewish Organizations.
15 ACTING PRESIDENT KUHL: The
16 question is on the resolution. All those in
17 favor, signify by saying aye.
18 (Response of "Aye".)
19 Opposed nay.
20 (There was no response.)
21 The resolution is adopted.
22 Senator Present.
23 SENATOR PRESENT: Mr. President,
3227
1 let's take up the non-controversial calendar,
2 please.
3 ACTING PRESIDENT KUHL: The clerk
4 will read the non-controversial calendar.
5 THE SECRETARY: On page 27 of
6 today's calendar, Calendar Number 501, by member
7 of the Assembly Lentol, Assembly Bill Number
8 6875-A, Civil Practice Law and Rules and the
9 General Construction Law.
10 ACTING PRESIDENT KUHL: Last
11 section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 47.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 640, by Senator Volker, Senate Bill Number
22 3825-C, an act to amend the Criminal Procedure
23 Law, the Family Court Act and the Penal Law.
3228
1 ACTING PRESIDENT KUHL: Last
2 section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 48.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 659, by Senator Seward, Senate Bill Number 7410,
13 authorizing the State University of New York to
14 lease certain lands.
15 ACTING PRESIDENT KUHL: Last
16 section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 48.
23 ACTING PRESIDENT KUHL: The bill
3229
1 is passed.
2 THE SECRETARY: Calendar Number
3 663, by member of the Assembly Pheffer, Assembly
4 Bill Number 825.
5 SENATOR PRESENT: Lay it aside
6 for the day.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside for the day.
9 THE SECRETARY: Calendar Number
10 670, by Senator DiCarlo, Senate Bill Number
11 6378 -
12 SENATOR DiCARLO: Lay it aside.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside.
15 THE SECRETARY: Calendar Number
16 674, by Senator Stafford, Senate Bill Number
17 7538, proposing an amendment to the
18 Constitution, in relation to exchange of certain
19 forest preserve lands.
20 ACTING PRESIDENT KUHL: Last
21 section. Call the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT KUHL: Senator
3230
1 Gold.
2 SENATOR GOLD: Yeah, I asked
3 Senator Stafford to lay this bill aside
4 yesterday because we have been told that there
5 was a group who wanted to file a memo on it. We
6 have nothing, and I just wanted to thank Senator
7 Stafford again for his courtesy. I vote aye.
8 THE SECRETARY: Ayes 48.
9 ACTING PRESIDENT KUHL: The
10 resolution is adopted.
11 THE SECRETARY: Calendar Number
12 685, by Senator Volker, Senate Bill Number
13 3907-C, an act to amend the Criminal Procedure
14 Law, the Penal Law and the Civil Practice Law
15 and Rules.
16 ACTING PRESIDENT KUHL: Last
17 section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 SENATOR DeFRANCISCO: Explain my
3231
1 vote.
2 ACTING PRESIDENT KUHL: Senator
3 DeFrancisco to explain his vote.
4 SENATOR DeFRANCISCO: On calendar
5 685.
6 ACTING PRESIDENT KUHL: We're on
7 Calendar 685, that's correct, Senator.
8 SENATOR DeFRANCISCO: This is a
9 very extensive bill and it has many, many more
10 good qualities than bad, but I would just like
11 to state for the record, there is a bad quality
12 that I hope gets corrected in the final process
13 in the negotiations and before it becomes law,
14 and that concerns the statute of limitations for
15 civil actions.
16 Basically, the language of the
17 statute of limitations for civil actions is that
18 you can commence a civil action under this
19 statute up to three years from the time of
20 discovery by the injured party of both the
21 injury and the causal relationship between the
22 injury and the childhood sexual abuse, whichever
23 expires later, so it's conceivable that someone
3232
1 who realizes after seeking some treatment or
2 realizes from whatever method or means when
3 they're in their advanced age that something may
4 have happened and they just discovered the
5 causal relationship and then the three years
6 begins to run. I think this is a very bad
7 section, that it's a section that is not needed,
8 and it extends the statute of limitations really
9 to the point of making -- there are no statutes
10 of limitation in these cases, so I would hope
11 that that would be corrected and the statute of
12 limitations with respect to civil actions would
13 be modified in the negotiation process.
14 ACTING PRESIDENT KUHL: How do
15 you vote, Senator DeFrancisco?
16 SENATOR DeFRANCISCO: I vote aye.
17 SENATOR GOLD: Mr. President.
18 ACTING PRESIDENT KUHL: Senator
19 Gold to explain his vote.
20 SENATOR GOLD: With my apologies
21 to everyone, I understand that Senator Galiber
22 may have had a question on this bill. I'm
23 trying to check it out now, and I understand the
3233
1 circumstances -- what? On the other hand,
2 what's the vote? We just took care of the -
3 ACTING PRESIDENT KUHL: Announce
4 the results.
5 THE SECRETARY: Ayes 48.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 689, by Senator Sears, Senate Bill Number 5740,
10 an act to amend the Penal Law.
11 ACTING PRESIDENT KUHL: Last
12 section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 48.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 690, by Senator Velella, Senate Bill Number
23 6541-A, an act to amend the Penal Law and the
3234
1 Criminal Procedure Law, in relation to forgery.
2 ACTING PRESIDENT KUHL: Last
3 section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 48.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 692, by Senator Maltese, Senate Bill Number 7 -
14 SENATOR GOLD: Lay it aside,
15 please.
16 ACTING PRESIDENT KUHL: Lay the
17 bill aside.
18 THE SECRETARY: Calendar Number
19 695, by Senator Volker, Senate Bill Number 7483,
20 an act to amend the Civil Practice Law and
21 Rules, in relation to notice to defaulting
22 party.
23 ACTING PRESIDENT KUHL: Last
3235
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 48.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 697, by Senator Padavan, Senate Bill Number
12 7496, an act to amend the Penal Law and the
13 Administrative Code of the city of New York.
14 SENATOR GOLD: Lay it aside.
15 ACTING PRESIDENT KUHL: Lay the
16 bill aside.
17 THE SECRETARY: Calendar Number
18 699, by Senator Volker, Senate Bill Number 7574,
19 Crim...
20 SENATOR GOLD: Lay it aside.
21 ACTING PRESIDENT KUHL: Lay the
22 bill aside.
23 THE SECRETARY: Calendar Number
3236
1 706, by Senator Holland, Senate Bill Number
2 6500 -
3 SENATOR GOLD: Lay it aside.
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside for the day.
6 THE SECRETARY: Calendar Number
7 708, by Senator Daly, Senate Bill Number 7477 -
8 SENATOR GOLD: Lay it aside,
9 please.
10 SENATOR PRESENT: For the day.
11 PRESIDENT KUHL: Lay the bill
12 aside for the day.
13 THE SECRETARY: Calendar Number
14 711 by Senator Padavan, Senate Bill Number 6784,
15 authorize the commissioner of General Services
16 to sell or lease certain land in Queens County.
17 ACTING PRESIDENT KUHL: Last
18 section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
3237
1 THE SECRETARY: Ayes 48.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 715, by Senator Daly, Senate Bill Number -
6 SENATOR GOLD: Lay it aside.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside.
9 THE SECRETARY: Calendar Number
10 717, by Senator Daly, Senate Bill Number 5200 -
11 SENATOR GOLD: Lay it aside.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside.
14 THE SECRETARY: Calendar Number
15 721, by Senator Johnson, Senate Bill Number
16 73...
17 SENATOR JOHNSON: Lay it aside
18 for the day.
19 ACTING PRESIDENT KUHL: Lay the
20 bill aside for the day.
21 SENATOR JOHNSON: Also Calendar
22 Number 722.
23 ACTING PRESIDENT KUHL: Calendar
3238
1 Number 722 is laid aside for the day.
2 THE SECRETARY: Calendar Number
3 726, by Senator Seward, Senate Bill Number 5135,
4 an act to amend the Executive Law.
5 ACTING PRESIDENT KUHL: Last
6 section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 48.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 727 by -
17 SENATOR GOLD: Lay it aside.
18 ACTING PRESIDENT KUHL: Lay the
19 bill aside.
20 THE SECRETARY: Calendar Number
21 729, by Senator Farley, Senate Bill Number 1594,
22 an act to amend the Banking Law.
23 ACTING PRESIDENT KUHL: Last
3239
1 section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 SENATOR LEICHTER: Mr. President.
7 ACTING PRESIDENT KUHL: Senator
8 Leichter to explain his vote.
9 SENATOR LEICHTER: I would like
10 to ask to be excused from voting on this bill.
11 ACTING PRESIDENT KUHL: Without
12 objection, so ordered.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 47.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 Senator Present, that completes
22 the non-controversial calendar.
23 SENATOR PRESENT: Mr. President,
3240
1 can we take up the controversial calendar?
2 ACTING PRESIDENT KUHL: The clerk
3 will read the controversial calendar.
4 THE SECRETARY: On page 33,
5 Calendar Number 670, by Senator DiCarlo, Senate
6 Bill Number 6378, an act to amend the General
7 Obligations Law.
8 SENATOR DOLLINGER: Explanation.
9 ACTING PRESIDENT KUHL: Senator
10 DiCarlo, an explanation has been asked for by
11 Senator Dollinger.
12 SENATOR DiCARLO: Yes, Mr.
13 President.
14 Last year there was a highly
15 publicized case which saw a convicted mugger
16 receive a $4.3 million judgment in a civil
17 action against the Transit Authority in New York
18 City and a police officer. It isn't often that
19 such an outcry is heard about such happenings.
20 In the Penal Law there is
21 something called a justification, and when a
22 police officer, while doing his duty, causes
23 injury, justification can be made and criminal
3241
1 liability is put aside.
2 This bill basically says that
3 there is an assumption of risk in a tort action
4 against the police officer or peace officer
5 while doing their job. If they live up to the
6 three elements that are also found in the Penal
7 Law, the elements being that the injury occurred
8 during the course of an arrest or preventing
9 escape from an arrest, the defendant reasonably
10 believed the plaintiff committed an offense and
11 the justification defense would have applied in
12 a criminal prosecution against the defendant for
13 the same conduct.
14 Now, I might like this bill to
15 have reversed what happened last year in the
16 award. The Court of Appeals has spoken to that,
17 and this bill honestly probably would not have
18 changed that verdict, but what this bill says is
19 if a police officer can show that he was
20 justified and followed all three elements, then
21 that that would be an assumption of risk by the
22 plaintiff in a tort action, and that the
23 defendant in a tort liability could use that as
3242
1 he would use it in a criminal case.
2 SENATOR GOLD: Mr. President.
3 ACTING PRESIDENT KUHL: Senator
4 Gold.
5 SENATOR GOLD: Can I just ask
6 Senator DiCarlo one or two short questions?
7 ACTING PRESIDENT KUHL: Senator
8 DiCarlo, do you yield?
9 SENATOR DiCARLO: Yes.
10 ACTING PRESIDENT KUHL: Senator
11 DiCarlo yields.
12 SENATOR GOLD: Senator, I'm not
13 sure if I misunderstood you. Did you say that
14 if your bill were the law, it would have or may
15 not have changed the result in the Court of
16 Appeals case?
17 SENATOR DiCARLO: Yes, it would
18 still be left up to the jury to decide whether
19 the defendant in this case, the police or peace
20 officer was justified under the same guidelines
21 where we have in the Penal Law, so under the
22 McCummings case if you read the fact pattern in
23 the McCummings case, clearly or not so clearly
3243
1 the police officer shot the mugger, did not see
2 the actual crime take place. The mugger was
3 shot down at the bottom of some steps, and this
4 would be up to the jury to decide whether the
5 assumption existed or not, so would it have
6 applied to the McCummings case? It might have,
7 it might not have, but that would still be up to
8 the jury to decide. This basically just gives
9 the defense, the police officer, something to
10 look at and his attorneys to show a jury and
11 say, "Under criminal law, this is the case. You
12 can use this now under a civil tort action."
13 SENATOR GOLD: If the Senator
14 would yield to one more question.
15 SENATOR DiCARLO: Yes.
16 ACTING PRESIDENT KUHL: The
17 Senator does.
18 SENATOR GOLD: When I started to
19 look at your bill and, of course, I know the
20 case you are talking about, but many of us are
21 very upset with a -- with an investigation going
22 on in Staten Island right now, and the mayor of
23 the city of New York was very clear that no one
3244
1 should pre-judge that situation, and I think
2 people don't want to, but with the advent of the
3 Camcorder, we find now that there are more and
4 more amateur people taking pictures, and we're
5 finding out some things which maybe we don't
6 even want to know but, at any rate, your bill
7 says that the items are (1) the injury sustained
8 by the plaintiff arose in the course of
9 attempting to effectuate the arrest, okay, or in
10 attempting to prevent the escape, that now we
11 get to the second part. The defendant
12 reasonably believed the plaintiff to have
13 committed an offense.
14 Now, that doesn't say, as I read
15 it, that he had to see that the defendant
16 committed any offense, that he just had
17 reasonable cause to believe, which I think is a
18 basis under the law today for a police officer
19 making an arrest, isn't that true, sir?
20 SENATOR DiCARLO: Yes, that is
21 correct.
22 SENATOR GOLD: Yeah, so that is
23 -- that is just -- I want to be clear what
3245
1 we're doing. That merely restates the law.
2 We're saying, if you got a police officer and
3 he's trying to make an arrest which that's what
4 we have them there for, and he's making it
5 because he has reasonable belief that the
6 defendant committed an offense, and again, that
7 is the law. Then we get "and", and this is
8 where we are. "The actions of the defendant --"
9 meaning the police officer "-- were such that in
10 any criminal prosecution against that police
11 officer, the defense of justification would have
12 applied", am I right?
13 SENATOR DiCARLO: Correct.
14 SENATOR GOLD: Senator, what I
15 don't understand, I think -- I thought and I may
16 be wrong, that that is basically the law today.
17 SENATOR DiCARLO: That is the law
18 but that, as the law stands now, only applies in
19 criminal cases in the Penal Law. That does not
20 presently apply in a civil tort action. We're
21 basically saying that if this law can be applied
22 in a criminal case, that it should also be a
23 defense in a civil case.
3246
1 SENATOR GOLD: That's what I'm
2 getting at.
3 SENATOR DiCARLO: So we're taking
4 the law in the criminal case and we're making it
5 good in a civil action.
6 SENATOR GOLD: Senator, I must
7 say, so far I'm not offended by your language at
8 all. What I'm trying to find out is -- and
9 perhaps this would make it easier for us. The
10 court -- did the Court of Appeals say, Senator
11 DiCarlo, that if it was a police officer with
12 reasonable belief and if he used the proper
13 force and it was all reasonable, et cetera, that
14 that is not a civil defense today?
15 SENATOR DiCARLO: My under
16 standing in the Court of Appeals ruling that
17 this does not apply in a civil action, and that
18 is from the Court of Appeals decision. Thus, we
19 find it necessary to put it on the book so it
20 can be used as a legitimate defense.
21 SENATOR GOLD: Thank you, Senator
22 DiCarlo.
23 ACTING PRESIDENT KUHL: Senator
3247
1 Dollinger, on the bill.
2 SENATOR DOLLINGER: Mr.
3 President, on the bill.
4 I think Senator DiCarlo's
5 observation about whether the defense of
6 justification would apply in this instance is
7 correct. Based on the facts as I know them in
8 this case -- and I'm going to read just a
9 summary of those facts so everybody
10 understands. I think that the reaction in New
11 York State has been this has been an outrageous
12 verdict, but I think when you look at the facts
13 in a little greater detail, you understand why
14 the defense of justification, that at least in
15 my understanding in the trial court was
16 presented to the jury was nonetheless rejected
17 by the jury and the court found in favor of the
18 plaintiff.
19 The plaintiff in the civil action
20 against the Transit Authority, McCummings,
21 admitted that he was engaged in robbing and
22 beating a victim but claimed that after being
23 alerted by his lookout in this robbery, he broke
3248
1 off the assault and fled down the other
2 staircase in the opposite direction. He stated
3 that he was some 17 to 20 feet away from Officer
4 Rodriguez when he was shot in the back. The
5 plaintiff denied that he ever lunged at the
6 officer. McCummings denied that the claim made
7 by Rodriguez, the officer, was that McCummings
8 had lunged at him while he was trying to
9 effectuate an escape. The plaintiff denied
10 that.
11 The plaintiff's medical expert
12 testified that McCummings' spinal cord was
13 immediately transected by the bullet, and that
14 he instantly lost all weight-bearing capability,
15 and since he was found at the bottom of the
16 stairs, that's where he was shot. Now, it's
17 undisputed that he was shot in the back. The
18 defendant, the Transit Authority, offered no
19 credible medical evidence to the contrary.
20 Officer Rodriguez asserted that
21 despite the plaintiff's wounds, the plaintiff
22 was able to run down the staircase before
23 collapsing. The officer's version is that "He
3249
1 lunged at me, I shot him. He ran away and fell,
2 collapsed to the bottom of the stairs."
3 On the direct examination of
4 Officer Rodriguez, the jury heard him testify
5 about three prior incidents involving the use of
6 his firearm. The shootings were found to be
7 justified by the Transit Authority. Officer
8 Rodriguez twice before had shot at fleeing
9 suspects and missed, the first time firing
10 twice, the last time he emptied his entire
11 revolver. On another occasion, Officer
12 Rodriguez had shot and killed this stray dog
13 which apparently was rummaging through a garbage
14 can on the Transit Authority property.
15 The defense of justification was
16 presented to the jury. The jury rejected it and
17 bought the version of the plaintiff who had been
18 incarcerated for three years as a result of
19 having been convicted of the robbery and found
20 that excessive force had been used against him,
21 and consequently the Transit Authority was
22 responsible for $2.5 million in damages.
23 From my point of view, the facts
3250
1 of this case are such that even had the law that
2 we're about to pass been in effect, if the jury
3 had believed that the victim was 17 to 20 feet
4 away from the officer and running away when the
5 officer shot him in the back, this law would not
6 change that conclusion. It wouldn't change
7 McCummings.
8 So, as I see Senator DiCarlo's
9 proposal, it would enshrine the justification of
10 defense into law, but it wouldn't go quite far
11 enough to accomplish the goal of providing
12 victim -- the victim with some possibility of
13 relief because I think the key thing here is
14 that while McCummings is awarded $2.5 million in
15 damages from the Transit Authority for the
16 injuries he sustained because the officer used
17 executive force, the person who was involved in
18 the original mugging, Sandusky who's on the
19 floor having been beaten up and robbed, he
20 doesn't have the ability to get access to those
21 funds to what some people interrupt as a
22 windfall, other people would interpret as
23 compensation for damages.
3251
1 That's why, Mr. President, I have
2 at the table an amendment to this bill, an
3 amendment which would do two things if -
4 SENATOR GOLD: Mr. President.
5 SENATOR DOLLINGER: Okay, I'll
6 pause for a second.
7 ACTING PRESIDENT KUHL: Senator
8 Dollinger wishes to offer up an amendment?
9 SENATOR DOLLINGER: Yes, I
10 believe there's an amendment at the desk.
11 ACTING PRESIDENT KUHL: Do you
12 have two, I understand? Could you tell the desk
13 which one you wish to take up first?
14 SENATOR DOLLINGER: Well, in the
15 interest of time -- if I can pause one moment,
16 Mr. President?
17 ACTING PRESIDENT KUHL:
18 Certainly.
19 SENATOR DOLLINGER: Number 2.
20 ACTING PRESIDENT KUHL: We're
21 going to proceed with amendment number 2?
22 SENATOR DOLLINGER: Yes.
23 ACTING PRESIDENT KUHL: All
3252
1 right. There's an amendment at the desk. The
2 clerk will read -- you're going to waive the
3 reading?
4 SENATOR DOLLINGER: Waive the
5 reading of the amendment, Mr. President. I'll
6 explain the amendment briefly.
7 ACTING PRESIDENT KUHL: Fine.
8 SENATOR DOLLINGER: This is an
9 idea -- this amendment incorporates two items.
10 ACTING PRESIDENT KUHL: Senator
11 Present. Excuse me, Senator Dollinger.
12 Senator Present -
13 SENATOR PRESENT: Mr. President.
14 ACTING PRESIDENT KUHL: -- why do
15 you rise?
16 SENATOR PRESENT: We have
17 reviewed Senator Dollinger's proposed
18 amendment. I would like to make a point of
19 order. Senator Dollinger's amendment to Senator
20 DiCarlo's bill is out of order since it violates
21 Rule VI, Section 4(b) in that it is not germane
22 to the original object or purpose of Senator
23 DiCarlo's bill. Senator Dollinger's amendment
3253
1 consists of proposed changes to provisions of
2 the Executive Law which are not consistent or
3 germane with Senator DiCarlo's bill.
4 Therefore, I'd ask that you rule
5 Senator Dollinger's proposed amendment being out
6 of order.
7 ACTING PRESIDENT KUHL: Senator
8 Dollinger, I have -- knowing that your amend
9 ments were being prepared and were going to be
10 offered up -- reviewed it. I'm aware of Senator
11 Present's objection. Having reviewed the rules
12 of this chamber would suggest that Senator
13 Present's objection is well taken and would rule
14 your amendment not germane and out of order.
15 SENATOR DOLLINGER: Mr. Presi
16 dent, can I appeal the ruling of the Chair and
17 be heard on the issue?
18 ACTING PRESIDENT KUHL: That you
19 can.
20 Senator Dollinger, on the appeal
21 of the ruling of the Chair.
22 SENATOR DOLLINGER: The amendment
23 that's before the house currently does, in my
3254
1 judgment, the one thing that Senator DiCarlo's
2 bill -- and I am prepared to vote in favor of
3 that bill -- in enshrining into the statutory
4 law of this state, a principle that says munici
5 palities can be insulated from liability, civil
6 liability, in instances in which the justi
7 fication of defense is proven to the
8 satisfaction of the jury. That would immunize
9 the municipalities, the agencies and authorities
10 that are acting in the function of the police
11 power, would immunize them from tort liability.
12 But it seems to me that the other
13 step that Senator DiCarlo's bill doesn't take is
14 a step that's been advocated by Senator Jones in
15 Monroe County, by many of us for crime victims,
16 and that's to do two things. One is to open up
17 the door and expand the definition of the
18 profits of a crime in the Son of Sam Law, which
19 is Senator Jones' bill, to include compensation,
20 compensatory damages or punitive damages that
21 are obtained by a perpetrator of a crime during
22 the course of a crime or an attempted escape.
23 That would expand the definition of profits of a
3255
1 crime to include another category which would be
2 available for the crime victim to recover
3 against.
4 The other thing that this
5 amendment does which is again, I think, germane
6 to the issue of crime victims and what tort
7 liability flows from crime victims either
8 immunizing municipalities or extending tort
9 liability so that there would be available funds
10 for the victim of the crime, Mr. Sandusky, the
11 man who's left on the floor, who's been robbed
12 and beaten in this case, would be to extend the
13 statute of limitations, and it relates directly
14 to the McCummings issue because under
15 McCummings, it appears as though Mr. Sandusky,
16 who now may have the ability to have a claim
17 against Mr. Cummings because he's now received a
18 substantial amount of money for his compensatory
19 damages, the statute of limitations may have
20 expired and cut off his ability to recover.
21 So, what the amendment does in
22 respect to the statute of limitations is it
23 extends it three years, not only from the period
3256
1 of time that the funds are supposedly available,
2 which is the current ruling under the Son of Sam
3 Law, but extends it three years from the time
4 that either a judgment is entered in favor of
5 the perpetrator of the crime or three years
6 after a final appealable order -- non-appealable
7 order is issued by a court on appeal.
8 We would extend the statute of
9 limitations so we don't put Mr. Sandusky in a
10 position where he's got to make that judgment
11 immediately upon when the funds are, quote,
12 "available". It would extend the period of
13 time. It would open up the possibility for
14 victims of crimes to be able to recover when
15 their perpetrators have recovered tort damages.
16 I look at this as an outgrowth of
17 the exact same issues present in the McCummings
18 case. It's something that I know Senator Jones
19 and others have worked on. It's an issue that I
20 think is ripe for a complete resolution, not a
21 partial resolution by simply immunizing the
22 municipalities, but by making available to crime
23 victims in what I believe is a germane approach
3257
1 to the whole issue, the series of issues raised
2 in the McCummings case is to make greater
3 opportunities available for crime victims, the
4 people who are injured by the perpetrator to be
5 able to recover damages.
6 So, I'm disappointed that the
7 majority doesn't see the linkage in what I
8 believe is the -- not only the relevancy but the
9 direct germaneness of providing crime victims
10 with recovery while we're immunizing munici
11 palities from tort liability, so I dispute the
12 determination that it's germane.
13 I would ask my colleagues to vote
14 in favor of overturning the ruling of the Chair
15 on the issue with respect to germaneness.
16 ACTING PRESIDENT KUHL: Senator
17 Leichter, you have a question on the -
18 SENATOR LEICHTER: Yes, yeah, Mr.
19 President. On the issue of your ruling, and
20 what I really want to do is to try to clarify it
21 in my own mind, get an understanding. I would
22 like to ask Senator DiCarlo if he would be so
23 good as to yield, and I want to preface it by
3258
1 saying that I have very fond memories, Senator,
2 of debating your father and, as you know, people
3 who served here with him. He was one of the
4 most able debaters that this Legislature has
5 seen, at least in modern times. It was a great
6 pleasure to serve with him. The other thing I
7 remember was his openmindedness and his
8 fairness.
9 SENATOR DiCARLO: You didn't know
10 him.
11 SENATOR LEICHTER: And I know the
12 -- I know the fruit never falls far from the
13 tree, so we'll expect that same sort of approach
14 from you but, Senator, if you would be so kind
15 as to yield to a question.
16 ACTING PRESIDENT KUHL: Senator
17 DiCarlo, do you yield to Senator Leichter? The
18 Senator yields.
19 SENATOR LEICHTER: Yeah, I
20 supported your bill in committee, but it does
21 seem to me that the good Senator from Monroe
22 County, Senator Dollinger, really raised a very
23 good point and one that I think would make your
3259
1 bill an even better bill, which is that in those
2 instances where the jury should reject the
3 defense of justification, and we find that
4 someone who had broken the law nevertheless now
5 finds himself the beneficiary, if you will, of a
6 jury's largesse, why shouldn't the crime victim
7 at least have an opportunity to share in that?
8 The example in this case is that Mr. Sandusky,
9 the victim who was left bleeding on the subway
10 platform, shouldn't he now recover from Mr.
11 Cummings?
12 I guess we can't make this
13 retroactive, but if such a situation arises in
14 the future, my question to you is, why not
15 accept the amendment and amend your bill, bring
16 it back in three, four days, have it pass
17 unanimously. It will be a better bill, and
18 that's really my question to you. We can forget
19 all of the parliamentary debates, and so on.
20 SENATOR DiCARLO: Senator -- Mr.
21 President. First let me thank you for the kind
22 words about my father.
23 SENATOR LEICHTER: And you.
3260
1 SENATOR DiCARLO: Thank you. And
2 let me just assure you that I am no match for my
3 father in debating skills as will probably be
4 seen during the course of the session.
5 I happen to -- I'm pleased that
6 you support my legislation, and I like the bill
7 as it is presently. I think it's such an
8 important issue that we pass this in both houses
9 right now and it becomes law, that I think that
10 the form that my bill is in is the way I want to
11 see it go through.
12 I listened to Senator Dollinger
13 and I can understand his position, and his
14 position seems to make sense but not as pertains
15 to my legislation. I would be very happy to
16 look at Senator Dollinger's bill or Senator
17 Jones' bill as pertains to this, and I could see
18 myself being supportive of such legislation, but
19 for today, and for my legislation and for what I
20 want my legislation to do, I think that the
21 Senator's amendment doesn't fit what I'm looking
22 to do at this point, but again, it has merit, as
23 far as I'm concerned, as a bill and I would look
3261
1 at it.
2 SENATOR LEICHTER: Well -- Mr. -
3 ACTING PRESIDENT KUHL: Senator
4 Leichter, are you asking Senator DiCarlo to
5 continue to yield?
6 SENATOR LEICHTER: No, I -
7 ACTING PRESIDENT KUHL: Senator
8 Leichter, on the bill.
9 SENATOR LEICHTER: I just wanted
10 -- I think on the ruling.
11 ACTING PRESIDENT KUHL: On the
12 ruling, right. It's hard to tell from your
13 question, Senator, but continue, please.
14 SENATOR LEICHTER: Thank you, Mr.
15 President.
16 I'm disappointed that, you know,
17 once again we find, even by a new member and one
18 with such an illustrious name, this same ap
19 proach that anything that the Majority brings to
20 the floor is so perfect, it cannot be improved
21 upon, and as we saw yesterday, even when it
22 appears not to be perfect, it never needs to be
23 justified. I think that's unfortunate, but I
3262
1 have difficulty in understanding your ruling,
2 Mr. President, and I know how fair and
3 openminded you are, sir, and -- but why can we
4 not -- taking a bill that addresses itself to
5 the issue of municipal liability where an
6 officer of that municipality takes an action
7 which that officer may consider justified, or
8 the issue is presented to the jury, why can we
9 not also deal with the -- one of the
10 consequences of where the jury finds the justi
11 fication doesn't exist? We got a crime victim,
12 a crime victim that should be compensated. Why
13 rely on the super technicality, which I don't
14 think is correctly applied in this instance? I
15 have difficulty in understanding why the
16 Majority would try to keep this bill or this
17 amendment from coming up.
18 Mr. President, I suggest to you
19 that if you take a look at the purpose of the
20 amendment, it certainly fits into the purpose of
21 the bill to the overall structure of the bill
22 and should be -- should be properly before us.
23 As I -- as I further said, it should be accepted
3263
1 by the Majority but certainly to keep us from
2 even considering it on, I think, a misplaced
3 techni- cality, I think is unfortunate.
4 ACTING PRESIDENT KUHL: Senator
5 Jones.
6 SENATOR JONES: Yes, I would like
7 to speak on the ruling. I guess -- I certainly
8 understand that perhaps mace and assault rifles
9 are stretching it a bit, but I guess I'm really
10 confused as to why these do not relate.
11 I'm very, you know, supportive of
12 Senator DiCarlo's bill. I myself am not a
13 lawyer so I really did not approach the same
14 situation, although I was greatly outraged as
15 you were. I definitely looked just at the
16 victim and the victim's rights, and the victim
17 basically ending up with no rights in this
18 outrageous settlement that left the victim as
19 Senator Dollinger described him.
20 I did submit a bill that would
21 help the victim gain something, add a clause to
22 the Son of Sam Law that would have helped the
23 victim recover perhaps some of these damages.
3264
1 I did hear Senator DiCarlo, I
2 believe, say that he's not sure that his bill
3 would enable the jury to decide against the
4 person, actually the criminal in this case, so I
5 guess I think what Senator Dollinger is
6 proposing to amend this -- I certainly feel it's
7 germane. We're all talking about the same issue
8 here and I think if we combine these two, and
9 I'm pleased to hear Senator DiCarlo say that he
10 is willing to look at them, but I think we have
11 them here now and I think it makes sense that it
12 is germane, and we should be dealing with it as
13 a package that will perhaps help both the victim
14 and solve all of the problems that we're trying
15 to address here.
16 ACTING PRESIDENT KUHL: Senator
17 Gold, on the appeal of the ruling of the Chair.
18 SENATOR GOLD: Mr. President, the
19 subject very dear and near my heart since I
20 offered the original Son of Sam Law and carried
21 the amendment that we passed to redo the law
22 just a couple of years ago, and I would like to
23 remind the members, particularly on the other
3265
1 side of the aisle, that when we put in our new
2 Son of Sam Law, which was done the same way I
3 did the first one, with bipartisan sponsorship
4 in this house, we had a larger statute of
5 limitations than the final bill. It was the
6 Assembly that whittled it down. As a matter of
7 fact, the individual responsible for that was
8 nominated for a judgeship and I was one of the
9 few people that voted no, I was so incensed, but
10 the point is we wanted to go a longer way, "we"
11 meaning the Senate, to make sure that a victim
12 was taken care of before a criminal.
13 Now, with the Governor's help, we
14 wound up with a law, the new Son of Sam Law,
15 which I think is still a great model for the
16 nation, but there are many of us, including
17 Senator Jones and Senator Dollinger and people
18 on your side of the aisle, who want to, on a
19 continuing basis, make sure as we find out about
20 loopholes that we cut into those loopholes.
21 Now, I can tell you, I know
22 something about the McCummings case, and I do
23 know that Mr. Sandusky has filed a suit. I'm
3266
1 not sure exactly where that is, but under one of
2 the provisions of Son of Sam, he may be able to
3 get in because the statute hasn't run, but the
4 Jones proposal and the Dollinger proposals are
5 just good proposals, that in the normal course
6 of business in the New York State Senate, should
7 be grabbed up.
8 Now, we really ought to cut it
9 out. I will pay for the phone call, if each
10 member of the Republican Party in this house
11 wants to call your colleagues in Washington and
12 find out whether or not Republican Congressmen
13 are allowed to offer amendments, and whether or
14 not they don't, in fact, do amendments and
15 whatever. This business just really has to
16 stop.
17 Senator DiCarlo, I read your bill
18 and I don't have any problems. I think you're
19 doing a good thing. I think that the way you've
20 structured it, officers who violate the law,
21 such as happened in California and may have
22 happened in Staten Island, I don't know, will
23 certainly be held accountable and your law won't
3267
1 touch that and I'm glad of that and I can
2 support it but, Senator DiCarlo, you have a
3 chance today to take a giant step. If this
4 amendment prevails, the way I understand it,
5 this bill will come back as 6378-A, introduced
6 by Senator DiCarlo. Nobody's taking away your
7 name off that bill as the major sponsor.
8 Senator Skelos and Bruno will still be -- have
9 their names on this bill, except that now you
10 can say we not only took care of the situation
11 with the police officer but we made sure that
12 the Son of Sam provisions are expanded or
13 clarified to help crime victims.
14 I know you don't take advice from
15 me, but if I were Senator DiCarlo, it's a win
16 win situation. When the Governor signs it into
17 law, the pen certificate will say "Senator
18 DiCarlo". It will hang in your office, not
19 mine, but we can do it better, and we really are
20 making such an error. I mean, there are a lot
21 of votes that happen around here that people
22 suggest are political and yesterday's absurd
23 bill to try to make it look like some people
3268
1 aren't ready to clamp down on welfare cheats.
2 That's so silly.
3 But, Senator DiCarlo, I mean, are
4 we now supposed to run around and say, "My God,
5 Republicans don't even care about crime
6 victims." Here's an opportunity to make sure
7 that this money stayed away from crime victims
8 and they wouldn't let it come at -- I mean, we
9 ought to -- we really ought to stop this
10 business.
11 I think, Senator DiCarlo, that
12 Senator Dollinger and Senator Jones have really
13 given you an opportunity and you ought to grab
14 it. When the bill comes out and we pass it and
15 it becomes a law, your newsletter will tell your
16 constituents that that pen certificate is not
17 only going to protect police officers where they
18 should be protected but helps crime victims.
19 What can be better than that? I think you
20 gentlemen and lady are making a big mistake. I
21 hope you would see the logic to this and vote
22 against the ruling of the Chair.
23 ACTING PRESIDENT KUHL: Senator
3269
1 DiCarlo.
2 SENATOR DiCARLO: Mr. President,
3 just in brief to answer somebody who I respect
4 very much, Senator Gold. I find it -- I agree
5 with the ruling of the Chair, that this is not
6 germane, but what I find most disturbing is an
7 accusation which I find very disingenuous about
8 not speaking to colleagues. I heard a debate
9 here yesterday where the opposition on the other
10 side was arguing against one of my colleagues
11 and saying how they were appalled by the fact
12 that they had -- didn't get answers to a bill
13 that was being voted on here, and there was
14 waving of arms and there was loud voices being
15 heard in this chamber.
16 I find it disingenuous now that
17 people come to me and say, "Well, we have a
18 great amendment and we would like you to tack it
19 on to your bill", when I never saw the
20 amendment. Not only have I never seen the
21 amendment, but I never got a call from the
22 Senators on the other side of the aisle saying
23 they have a great idea. Never asked me about it
3270
1 and now they come before this body and they say
2 that we're doing something that we should not be
3 doing, I find it to be, again disingenuous, and,
4 you know, I am always there for a phone call
5 from a colleague, but the Senators who spoke on
6 their amendment never bothered to call me, never
7 bothered to show me an amendment, and if they're
8 going to complain about not getting information
9 and they're being asked to vote on a bill
10 yesterday, I find it interesting they can come
11 here today asking me to support an amendment
12 that I've never even seen or received a phone
13 call on.
14 SENATOR GOLD: Would the Senator
15 yield to just one question?
16 ACTING PRESIDENT KUHL: Senator
17 Gold is asking Senator DiCarlo to yield.
18 Senator DiCarlo, would you yield?
19 SENATOR GOLD: Senator DiCarlo,
20 I'm told that the amendment was actually -- in
21 order to make an amendment, you know, it must be
22 served. I'm told that it was served upon your
23 office yesterday. Certainly the language is
3271
1 only about six lines. Is that true or not?
2 Just so that I know. I didn't do the serving.
3 SENATOR DiCARLO: I never saw it
4 and, as a matter of fact, this bill came before
5 the Senate yesterday, and at that point I was
6 told while the bill was being ready to be
7 debated, that an amendment was put up to the
8 desk, so I never saw it before the time of the
9 debate and I have yet to see it. No, nothing
10 has been served on my office and I never
11 received anything.
12 SENATOR GOLD: Well, if the
13 Senator would yield.
14 SENATOR DiCARLO: Yes.
15 ACTING PRESIDENT KUHL: Senator
16 DiCarlo? The Senator continues to yield,
17 Senator Gold.
18 SENATOR GOLD: Senator, while I
19 might have some sympathy with what you said, I
20 mean, if the amendment was filed yesterday, you
21 knew there was an amendment. It's a short one.
22 This isn't a 40-page, 80-page, 200-page budget
23 bill. I mean, it certainly is something that
3272
1 you were aware of in that sense but, Senator,
2 perhaps -- let me put it to you this way. This
3 bill will not become a law in the next four
4 minutes. Maybe what we should do -- and I'm not
5 making the motion, Senator. Maybe there is some
6 legitimacy to what you said, I don't know.
7 Maybe we should put the bill aside, and I'll buy
8 coffee for you and Senator Dollinger and Senator
9 Jones, and we'll take a look and see whether or
10 not, in fact, you can be the lead sponsor of
11 this bill in a better condition. If you haven't
12 had the chance to see it and if that is so, then
13 I think that's something that can be
14 accommodated. We are not going out of session
15 tonight for the year, and we have time to do it
16 right.
17 SENATOR DiCARLO: Mr. President.
18 ACTING PRESIDENT KUHL: Senator
19 DiCarlo.
20 SENATOR DiCARLO: I've stated
21 before and I'll say it again, I happen to
22 believe that my bill is in the form that it
23 should be, and this is the bill that I want to
3273
1 see passed. I agree with the Chair on his
2 ruling on it being germane.
3 My point that I raised earlier
4 was that, again, I found it interesting after
5 what went on here yesterday with Senator
6 Nozzolio's bill, with the outrage that was heard
7 in this chamber where some people on that side
8 said they didn't get some answers to questions,
9 and how could they vote on a bill, but with my
10 legislation and my bill, for it to have happened
11 the way it happened and say that I'm not willing
12 to look at something that might be better for my
13 bill, I think is just an outright lie.
14 Now, I never saw the amendment.
15 I've read it since. I still believe that it's
16 not germane to my bill, and I would prefer to
17 pass my bill, but when people on the other side
18 of the aisle start talking about how we're not
19 being fair, I find it a little bit outrageous,
20 because I did not get prior warning or a chance
21 to see this -- this amendment before my bill
22 came forward, and that's the only thing I'm
23 saying. I don't want -- and I've said it
3274
1 before, my bill is the way I want it to be. I
2 agree with the ruling of the Chair, but I just
3 find it strange how one thing is outrageous, and
4 then when it's done on the other side of the
5 aisle, that's fine.
6 ACTING PRESIDENT KUHL: Senator
7 Dollinger.
8 SENATOR DOLLINGER: Mr.
9 President, I want to reiterate that I do think
10 this is germane, and I appreciate Senator
11 DiCarlo's comments but, quite frankly, one of my
12 great frustrations about working in this chamber
13 is that we have rules and regulations that are
14 made by the Chair. They're promulgated by the
15 35, 36 members -- 35 members sitting on the
16 other side of the table. There's nothing in the
17 rules that require that I serve those on you,
18 nothing. I'm playing by the rules. I don't
19 control the calendar. I don't decide when this
20 bill comes up. You do that. I play by the
21 rules that you've set. I haven't violated any
22 rules, and I apologize if I offended you from a
23 courtesy point of view. I apologize for that.
3275
1 I have submitted amendments on
2 bills when I was the ranking member of Senator
3 Wright's committee, when I was the ranking
4 member of Senator Libous' committee. I've
5 submitted amendments to committee. I haven't
6 seen those amendments come up. I haven't seen
7 those bills come up. But there's nothing in the
8 rules that you set that require that I do that.
9 If you want to change the rules that require
10 that I have to give you notice and serve them on
11 you, I will do that, Senator, but I think it's a
12 little bit disturbing to me to say, "Gee,
13 Senator Dollinger, you didn't play by the rules
14 when you submitted this amendment", when to the
15 best I can tell, I did, I certainly tried to.
16 I apologize, Senator. In the
17 future when I propose an amendment -- and I'm
18 going to propose lots of amendments because I
19 think there are lots of things we can do better
20 in this chamber, when I propose that amendment,
21 I will take it upon myself, although not
22 required as I understand it by the rules of this
23 chamber, I will attempt to serve it on the
3276
1 member and the sponsor of the bill.
2 One thing I do know -- and this I
3 agree with Senator Gold on. I know I'll never
4 have to serve anybody on this side of the
5 chamber, because the unwritten rule in this
6 chamber is that no matter what comes from this
7 side of the chamber, no matter how we try to
8 attend to the problem, not only in munici
9 palities but the Sanduskys who are left on the
10 floor, who are the victims of crime, obviously
11 that part of the chamber says "We're going to
12 deal with just the municipalities. We'll leave
13 Sandusky to a later day", but Senator Gold
14 points out one very good thing. He may not have
15 a later day because his lawsuit may be dismissed
16 by failure to comply with the statute of
17 limitations, and if you think there was an
18 outcry when the McCummings case came down
19 because there was a huge judgment rendered
20 against a municipality, think of the outcry when
21 he, Sandusky is thrown out of the court because
22 of a technicality called the statute of
23 limitations and the Senate wouldn't pass the
3277
1 bill because it was sponsored by Mary Ellen
2 Jones. Explain that to your constituents in
3 your newsletter.
4 ACTING PRESIDENT KUHL: Senator
5 Waldon.
6 SENATOR WALDON: Thank you, Mr.
7 President.
8 I didn't intend to speak on this
9 at all, but Senator Dollinger has inspired me to
10 take a little different tact, simply because
11 there are people represented on this side of the
12 aisle who are covered under the Voting Rights
13 Act of the federal government and who, because
14 we are not allowed to submit legislation to
15 protect the interests of our people as just
16 spoken to with McCummings, we are, in fact,
17 disenfranchised and, therefore, I as an African
18 American Senator, cannot come here and really
19 facilitate the interest of African-Americans,
20 Puerto Rican-Americans and other minority people
21 in our districts because the actions of the
22 other side have, in effect, disenfranchised us
23 in making the case and the argument and being
3278
1 advocates for our people.
2 I think this is dangerous
3 ground. It is quicksand. I think that the
4 disparity practiced by the other side of the
5 aisle is in violation of the Voting Rights Act
6 of this country. I think you ought to think
7 about that. I think you really ought to give
8 some attention to that, that you have, in
9 effect, by posturing in the manner that you
10 have, by not allowing legislation to protect the
11 interests of the African-American,
12 Caribbean-American, Puerto Rican community,
13 other Latinos in this state, to bring forth
14 legislation from this side of the aisle have, in
15 effect, disenfranchised all of these people, and
16 this house may every day operate in violation of
17 the Voting Rights Act of this country.
18 Think about it, because others on
19 this side of the aisle are thinking about it,
20 and I think that maybe the public should know
21 about it. I think that editors represented here
22 in the newspapers should know about it. I think
23 there should be some serious thought to what you
3279
1 are really doing with the manner in which this
2 house operates, and maybe we ought to focus on
3 that and clean it up ourselves before somebody
4 decides to clean it up outside of this house.
5 Thank you, Mr. President.
6 ACTING PRESIDENT KUHL: The
7 question is on the appeal of the ruling of the
8 Chair. An "aye" vote will be to sustain the
9 ruling of the Chair; a "nay" vote will be to
10 overturn the ruling of the Chair.
11 On the question, all those in
12 favor, signify by saying aye.
13 SENATOR GOLD: Party vote in the
14 negative.
15 ACTING PRESIDENT KUHL: The clerk
16 will record the party line vote.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 33, nays 20.
19 ACTING PRESIDENT KUHL: The
20 ruling of the Chair is sustained. On the bill.
21 Last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first day of
3280
1 November next succeeding the date on which it
2 shall have become a law.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 53.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 692, by Senator Maltese, Senate Bill Number
11 7444, an act to amend the Criminal Procedure
12 Law, in relation to the family of a deceased
13 crime victim.
14 SENATOR GOLD: Just one half
15 second.
16 ACTING PRESIDENT KUHL: The Chair
17 recognizes Senator Jones.
18 SENATOR JONES: Thank you. Yes.
19 I would like to speak to the bill that Senator
20 Maltese has here today.
21 First of all, I would like to
22 thank him for taking up the Monroe County
23 issue. As I'm sure the Senator knows, I'm very
3281
1 pleased that the bill is going to pass and to
2 help the victim in Monroe County which the bill
3 was written for and which I submitted on
4 February 28th.
5 I just -- you know, I'm very
6 happy the bill passes and I support Senator
7 Maltese, and I probably would have not made the
8 next statement I'm going to make had this last
9 debate not taken place, but I would just like to
10 make it very clear that in my situation, the
11 phone calls did take place, discussion was
12 attempted to be held and my efforts were not
13 accepted or recognized, so I do need to add
14 that, but I want to thank the Senator because it
15 was a situation where a victim in Monroe County
16 was denied the right. No one could speak to the
17 victim because it did not fit under the short
18 categories of the law that were there at the
19 time, so I'm glad it's going to be corrected,
20 but I do need to make the statement that I did
21 make the phone calls, and my bill or whatever
22 was not accepted, even though I'm reading the
23 same thing here today.
3282
1 ACTING PRESIDENT KUHL: The clerk
2 will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 53.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 697, by Senator Padavan, Senate Bill Number
13 7496, an act to amend the Penal Law and the
14 Administrative Code of the city of New York.
15 SENATOR GOLD: Explanation.
16 ACTING PRESIDENT KUHL:
17 Explanation has been asked for. Senator
18 Padavan, explanation has been asked for by
19 Senator Gold.
20 SENATOR PADAVAN: Mr. President,
21 this bill would include retired correction
22 officers within the existing provision exempting
23 police officers from the payment of firearms
3283
1 licensing fees.
2 This bill passed last year,
3 unfortunately, was vetoed by the Governor. In
4 the veto message, just to share that with
5 everyone, because I'm sure if I don't, someone
6 else will. The Governor indicated cost to New
7 York City localities, and that if we did this
8 bill, it might prompt others to request similar
9 consideration for other groups of individuals.
10 Certainly that's not my intention, but as far as
11 cost is concerned, the number of officers that
12 would be affected here is so minimal that I
13 couldn't quite understand the Governor having
14 mentioned that, but those were his two reasons
15 for vetoing it last year.
16 ACTING PRESIDENT KUHL: Senator
17 Gold.
18 SENATOR GOLD: Yes, Mr.
19 President, I just want to point out that the
20 Republican mayor of the city of New York that
21 has a memo in opposition to this bill indicates
22 that there are approximately 550 correction
23 officers who would be involved and his
3284
1 opposition is on budgetary grounds.
2 ACTING PRESIDENT KUHL: The clerk
3 will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT KUHL: Announce
10 the results.
11 THE SECRETARY: Ayes 51, nays 2,
12 Senators Galiber and Leichter recorded in the
13 negative.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 699, by Senator Volker, Senate Bill Number 7574,
18 Criminal Procedure Law, in relation to
19 corrective remedies.
20 ACTING PRESIDENT KUHL: Last
21 section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
3285
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 SENATOR GOLD: Excuse me, Mr.
4 President.
5 ACTING PRESIDENT KUHL: Senator
6 Gold.
7 SENATOR GOLD: Yeah, I'm aware of
8 the circumstances of the sponsorship of the
9 bill, and I know everybody wishes Senator Volker
10 well, and we passed a number of his bills today,
11 but if I could just have one day on this.
12 Senator Maltese, I know you're
13 ready to stand up on it, but maybe we could just
14 put it over, and if we can cure our problems, we
15 won't have to debate it, okay?
16 SENATOR MALTESE: On behalf of
17 Senator Volker, lay it aside for one day.
18 ACTING PRESIDENT KUHL: The bill
19 is laid aside for the day.
20 THE SECRETARY: Calendar Number
21 715, by Senator Daly, Senate Bill Number 1093,
22 an act to amend the Environmental Conservation
23 Law, in relation to reporting the costs -
3286
1 inactive hazardous waste sites.
2 SENATOR GOLD: Explanation.
3 SENATOR PRESENT: Lay it aside
4 for the day.
5 ACTING PRESIDENT KUHL: The bill
6 is laid aside for the day.
7 THE SECRETARY: Calendar Number
8 717, by Senator Daly, Senate Bill Number 5200-C,
9 Environmental Conservation Law.
10 SENATOR GOLD: Last section.
11 ACTING PRESIDENT KUHL: The clerk
12 will read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT KUHL: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 53.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 727, by Senator Hannon, Senate Bill Number 66...
23 6627, Administrative Code of city of New York,
3287
1 in relation to access to correct housing
2 maintenance code violation.
3 SENATOR PRESENT: Lay it aside.
4 ACTING PRESIDENT KUHL: Lay the
5 bill aside.
6 Senator Present, that completes
7 the controversial calendar for the day.
8 SENATOR PRESENT: Mr. President,
9 would you recognize Senator Wright, please.
10 ACTING PRESIDENT KUHL: Senator
11 Wright.
12 SENATOR WRIGHT: Mr. President, I
13 have a privileged resolution at the desk. I
14 request the clerk read the title.
15 ACTING PRESIDENT KUHL: The clerk
16 will read the title of the privileged reso
17 lution.
18 THE SECRETARY: Legislative
19 Resolution, by Senator Wright, expressing
20 sincerest sorrow upon the occasion of the death
21 of John L. MacFarland.
22 ACTING PRESIDENT KUHL: All those
23 in favor of the resolution signify by saying
3288
1 aye.
2 (Response of "Aye".)
3 Opposed nay.
4 (There was no response.)
5 The resolution is adopted
6 unanimously.
7 Senator Galiber.
8 SENATOR GALIBER: Would you open
9 up for -
10 ACTING PRESIDENT KUHL: Senator
11 Wright.
12 SENATOR WRIGHT: Yes.
13 ACTING PRESIDENT KUHL: Senator
14 Present, should we put all members of the
15 Legislature on that resolution -
16 SENATOR PRESENT: Yes.
17 ACTING PRESIDENT KUHL: -- except
18 -- those people who do not wish to be, if they
19 would indicate to the desk accordingly, that
20 will be done.
21 We have a motion, Senator
22 Present. If that's okay, we'll do it at this
23 time.
3289
1 SENATOR PRESENT: Sure.
2 ACTING PRESIDENT KUHL: Senator
3 Wright.
4 SENATOR WRIGHT: On behalf of
5 Senator Lack, Mr. President, on page 22, I offer
6 the following amendments to Calendar Number 346,
7 Senate Print Number 660, and ask that said bill
8 retain its place on the Third Reading Calendar.
9 ACTING PRESIDENT KUHL: The bill
10 is amended and will retain its place on the
11 Third Reading Calendar.
12 Senator Present.
13 SENATOR PRESENT: Mr. President,
14 there being no further business, I move that we
15 adjourn until Monday, May 9th at 1:00 p.m.,
16 intervening days to be legislative days. The
17 members should also be advised that they are
18 subject to the call of the Majority Leader for a
19 session upon giving 24 hours notice.
20 ACTING PRESIDENT KUHL: The Sen
21 ate stands adjourned until Monday at 1:00 p.m.
22 (Whereupon, at 1:31 p.m., the
23 Senate adjourned.)