Regular Session - May 8, 1995
5471
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8 ALBANY, NEW YORK
9 May 8, 1995
10 3:04 p.m.
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13 REGULAR SESSION
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17 SENATOR JOHN A. DeFRANCISCO, Acting President
18 STEPHEN F. SLOAN, Secretary
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5472
1 P R O C E E D I N G S
2 ACTING PRESIDENT DeFRANCISCO:
3 The Senate will come to order. Would everyone
4 please rise and repeat with me the Pledge of
5 Allegiance.
6 The invocation today will be
7 given by Imam Abdur Rahim Muhammad, the Chaplain
8 and Islamic Services Coordinator of the Elmira
9 Correctional Facility.
10 IMAM ABDUR RAHIM MUHAMMAD: Dear
11 members of the Senate and all those present,
12 peace be upon you. Inshallah 'alaihim, salam
13 alaihum!
14 Please allow me to express my
15 gratitude to Senator Kuhl and those who have
16 made this historic occasion possible. I thank
17 Almighty God and am once honored and humbled to
18 represent the Nation of Islam and the hundreds
19 of thousands of Muslims everywhere across New
20 York State. As probably the first and more
21 probably not the last Muslim to open in prayer
22 before this honorable gathering, let me make but
23 one request, that each of us look to our own
5473
1 beliefs, values, disciplines and principles to
2 find instead of that in which we could angrily
3 disagree, those great many things on which, with
4 united hearts and minds, we can and should act
5 together to build a better reality for everyone
6 under the blessings of the one God of us all.
7 I am blessed to be able to work
8 with men in prison every day and just recently
9 returned from Kazakhstan, a country where entire
10 people was freed from mental and spiritual
11 incarceration. In prayer, let us see the
12 challenge of responding to freedom by respecting
13 it.
14 Islam is a religion that has been
15 represented and also misrepresented. In repre
16 senting it here, I reflect on the words of Imam
17 W. D. Muhammad who once said it's not who we
18 are; it's what we represent that is important.
19 This religion of peace is nowhere better repre
20 sented than in the opening seven verses of the
21 Qur'an, in which I pray that those honored
22 lawmakers here will find its echo in their own
23 minds and hearts with deeds, words and
5474
1 translation, we pray.
2 A'udhu billahi minash shaitanir
3 rajim.
4 I seek refuge in the forces of
5 Almighty God from all evil.
6 Bismillahir rahmanir rahim.
7 The merciful benefactor of the
8 merciful redeemer.
9 Al hamdu lil lahi rabbil alamin.
10 Praise be to Allah, the cherisher
11 and sustainer of the word.
12 Arrahmanir rahim.
13 The merciful benefactor, the
14 merciful redeemer.
15 Maliki Yawmuddin.
16 Master of the day of judgment.
17 Iyyaka na'budu wa iyyaka
18 nasta'in.
19 You do we worship and Your help
20 do we seek.
21 Ihdinas siratal mustaqim. Show
22 us the straight way.
23 Siratal ladhina 'amta 'alaihim,
5475
1 ghairil maghdubi 'alaihim wa lad dallin.
2 The way of those on whom You have
3 bestowed Your grace, those whose portion is not
4 ra, and who go not astray. Amin, amin. Amen.
5 ACTING PRESIDENT DeFRANCISCO:
6 Reading of the journal.
7 THE SECRETARY: In Senate,
8 Sunday, May 7th. The Senate met pursuant to
9 adjournment, Senator Hoblock in the Chair. The
10 Journal of Saturday, May 6th, was read and
11 approved. On motion, Senate adjourned.
12 ACTING PRESIDENT DeFRANCISCO:
13 Without objection, the Journal stands approved
14 as read.
15 Presentation of petitions.
16 Messages from the Assembly.
17 Messages from the Governor.
18 Secretary will read.
19 THE SECRETARY: The Governor
20 returns without executive approval Senate Bill
21 Number 1294, entitled An act to amend the
22 Estates, Powers and Trusts Law, in relation to
23 the exercise of powers of appointment; by
5476
1 Senator Lack, Veto Message Number 5.
2 Also the Governor returned
3 without executive approval Senate Bill Number
4 2134, an act to amend the Estates, Powers and
5 Trusts Law, in relation to a share of stock; by
6 Senator Lack, Veto Number 8.
7 ACTING PRESIDENT DeFRANCISCO:
8 Reports of standing committees.
9 Reports of select committees.
10 Communications and reports from
11 state officers.
12 Motions and resolutions.
13 Senator Tully.
14 SENATOR TULLY: Yes, Mr.
15 President. On behalf of Senator Lack, on page
16 44, I offer the following amendments to Calendar
17 Number 115, Senate Print Number 985-A, and ask
18 that said bill retain its place on the Third
19 Reading Calendar.
20 ACTING PRESIDENT DeFRANCISCO:
21 Amendments received.
22 SENATOR TULLY: Mr. President, on
23 behalf of Senator Cook, on page 47, I offer the
5477
1 following amendments to Calendar Number 495,
2 Senate Print Number 3156, and ask that said bill
3 retain its place on the Third Reading Calendar.
4 ACTING PRESIDENT DeFRANCISCO:
5 Amendments received.
6 Senator Bruno, we have one
7 substitution.
8 SENATOR BRUNO: Please place the
9 substitution, Mr. President.
10 ACTING PRESIDENT DeFRANCISCO:
11 The Secretary will read.
12 THE SECRETARY: Senator Gold
13 moves to discharge from the Committee on Higher
14 Education Assembly Bill Number 3147-A, and
15 substitute it for the identical bill, Calendar
16 Number 676.
17 ACTING PRESIDENT DeFRANCISCO:
18 Substitution ordered.
19 Senator Bruno.
20 SENATOR BRUNO: Yes, Mr.
21 President. Can we now take up a Resolution
22 Number 580, by Senator Kruger, and I ask that it
23 now be read in its entirety.
5478
1 ACTING PRESIDENT DeFRANCISCO:
2 Without objection, Resolution 580, by Senator
3 Kruger. The Secretary will read.
4 THE SECRETARY: Legislative
5 Resolution, by Senator Kruger and others:
6 Legislative Resolution proclaiming the month of
7 September, 1995 as Menopause Awareness Month in
8 the state of New York.
9 WHEREAS, menopause by the year
10 2000 will begin to affect 44 million American
11 women, over 3 million in New York State.
12 It has already affected millions
13 more according to the American College of
14 Obstetricians and Gynecologists. The results
15 will be a national health concern of dramatic
16 proportions unless women are better educated
17 about the changes of menopause and the measures
18 that can prolong and enhance their lives.
19 If not properly treated by a
20 trained physician, the health risk of
21 perimenopausal and post-menopausal women can
22 result in an increased number afflicted by
23 osteoporosis or cardiovascular disease.
5479
1 Estrogen depletion which occurs
2 in menopause results in an increase in cardio
3 vascular disease, resulting in over 530,000
4 deaths of women per year. These numbers could
5 reach staggering proportions with the aging of
6 the "baby boom" generation.
7 NOW, THEREFORE, BE IT RESOLVED,
8 that this legislative body pause in its deliber
9 ations and proclaim the month of September, 1995
10 as Menopause Awareness Month in the state of New
11 York; and
12 BE IT FURTHER RESOLVED that a
13 copy of this resolution, suitably engrossed, be
14 transmitted to the American Menopause
15 Foundation, a not-for-profit national support
16 network of women, families, corporations and
17 health care professionals committed to research,
18 education, public awareness, for all women who
19 need support and help.
20 ACTING PRESIDENT DeFRANCISCO:
21 Senator Kruger.
22 SENATOR KRUGER: Yes, Mr.
23 President. I would like to now recognize with
5480
1 us today several individuals who have been
2 responsible in not only preparing this
3 resolution but bringing this issue to the fore
4 front.
5 I would like to recognize the
6 presence of Drs. Michael and Gerard Terrato,
7 practicing obstetrics and gynecologists in
8 Brooklyn, who have been my advisers in this
9 particular resolution; additionally, we have
10 with us today, Miss Barbara Pettit, representing
11 the Beth Israel Medical Center and Miss Marie
12 Longo, the president of a newly founded
13 organization which has its headquarters in New
14 York City and currently subscribes to a
15 membership of over 20,000 members nationwide -
16 individuals, women, who are afflicted with the
17 scourge of the symptoms of menopause.
18 I thank them for their
19 cooperation in making this issue an important
20 one, and I look forward to working with them in
21 the future.
22 Thank you, Mr. President.
23 ACTING PRESIDENT DeFRANCISCO:
5481
1 Thank you, Senator. The resolution was
2 previously adopted on March 14th.
3 Senator Bruno.
4 SENATOR BRUNO: Mr. President,
5 can we now take up the non-controversial
6 calendar.
7 ACTING PRESIDENT DeFRANCISCO:
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 156, by Senator Levy, Senate Print 1976, an act
11 to amend the Education Law and the Local Finance
12 Law, in relation to refinancing of payments by
13 certain employers.
14 ACTING PRESIDENT DeFRANCISCO:
15 Read the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT DeFRANCISCO:
19 Call the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 47.
22 ACTING PRESIDENT DeFRANCISCO:
23 The bill is passed.
5482
1 THE SECRETARY: Calendar number
2 277, by member of the Assembly Lopez, an act to
3 amend the Private Housing Finance Law, in
4 relation to rehabilitation loans to owner/
5 occupants of one- to four-unit private and
6 multiple dwellings in cities with a population
7 of one million or more.
8 ACTING PRESIDENT DeFRANCISCO:
9 Read the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT DeFRANCISCO:
13 Call the roll.
14 (The Secretary called the roll. )
15 THE SECRETARY: Ayes 47.
16 ACTING PRESIDENT DeFRANCISCO:
17 The bill is passed.
18 THE SECRETARY: Calendar Number
19 384, by Senator Stavisky, Senate Print 2701, an
20 act to amend the Penal Law, in relation to
21 increasing penalties for criminal solicitation.
22 ACTING PRESIDENT DeFRANCISCO:
23 Read the last section.
5483
1 THE SECRETARY: Section 7. This
2 act shall take effect on the 1st day of
3 November.
4 ACTING PRESIDENT DeFRANCISCO:
5 Call the roll.
6 (The Secretary called the roll. )
7 THE SECRETARY: Ayes 47.
8 ACTING PRESIDENT DeFRANCISCO:
9 The bill is passed.
10 THE SECRETARY: Calendar Number
11 445, by Senator Lack, Senate Print 2272, an act
12 to amend the Labor Law, in relation to enacting
13 the Advanced Technology Act of 1995.
14 ACTING PRESIDENT DeFRANCISCO:
15 Read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT DeFRANCISCO:
19 Call the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 47.
22 ACTING PRESIDENT DeFRANCISCO:
23 The bill is passed.
5484
1 THE SECRETARY: Calendar Number
2 450, by Senator Levy, Senate Print 322, an act
3 in relation to requiring the Commissioners of
4 Motor Vehicles, Transportation and Education to
5 develop a uniform definition of the terms
6 "school" and "school bus".
7 ACTING PRESIDENT DeFRANCISCO:
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT DeFRANCISCO:
12 Call the roll.
13 (The Secretary called the roll. )
14 THE SECRETARY: Ayes 47.
15 ACTING PRESIDENT DeFRANCISCO:
16 The bill is passed.
17 THE SECRETARY: Calendar Number
18 452, by Senator Levy, Senate Print 326, an act
19 to amend the Vehicle and Traffic Law, in
20 relation to a requirement to mandate full
21 resident address.
22 ACTING PRESIDENT DeFRANCISCO:
23 Read the last section.
5485
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT DeFRANCISCO:
4 Call the roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 47.
7 ACTING PRESIDENT DeFRANCISCO:
8 The bill is passed.
9 THE SECRETARY: Calendar Number
10 466, by Senator Hoblock, Senate Print 3559, an
11 act to amend the Vehicle and Traffic Law, in
12 relation to special license plates.
13 ACTING PRESIDENT DeFRANCISCO:
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 1st day of April.
17 ACTING PRESIDENT DeFRANCISCO:
18 Call the roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 47.
21 ACTING PRESIDENT DeFRANCISCO:
22 The bill is passed.
23 THE SECRETARY: Calendar Number
5486
1 482, by Senator Lack, Senate Print 3353, an act
2 to amend the Civil Service Law and the Education
3 Law, in relation to the compensation of teaching
4 and research center nurses.
5 ACTING PRESIDENT DeFRANCISCO:
6 Read the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT DeFRANCISCO:
10 Call the roll.
11 (The Secretary called the roll. )
12 THE SECRETARY: Ayes 47.
13 ACTING PRESIDENT DeFRANCISCO:
14 The bill is passed.
15 THE SECRETARY: Calendar Number
16 484, by Senator Trunzo, Senate Print 3630, an
17 act to amend the General Municipal Law and the
18 Retirement and Social Security Law, in relation
19 to increasing certain special accidental death
20 benefits.
21 ACTING PRESIDENT DeFRANCISCO:
22 Read the last section.
23 THE SECRETARY: Section 3. This
5487
1 act shall take effect the 1st day of July.
2 ACTING PRESIDENT DeFRANCISCO:
3 Call the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Ayes 47.
6 ACTING PRESIDENT DeFRANCISCO:
7 The bill is passed.
8 THE SECRETARY: Calendar Number
9 486, by Senator Trunzo, Senate Print 4040, an
10 act to amend the Retirement and Social Security
11 Law, in relation to retirement credit for
12 periods of worker's compensation leave.
13 ACTING PRESIDENT DeFRANCISCO:
14 Read the last section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT DeFRANCISCO:
18 Call the roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 47.
21 ACTING PRESIDENT DeFRANCISCO:
22 The bill is passed.
23 THE SECRETARY: Calendar Number
5488
1 487, by member of the Assembly Vitaliano,
2 Assembly Print 6228, an act to amend the
3 Education Law, in relation to reproduction and
4 disposal of the records of the New York State
5 Retirement Teachers' system.
6 ACTING PRESIDENT DeFRANCISCO:
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT DeFRANCISCO:
11 Call the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 48.
14 ACTING PRESIDENT DeFRANCISCO:
15 The bill is passed.
16 THE SECRETARY: Calendar Number
17 493, by Senator LaValle, Senate Print 3870, an
18 act to amend Chapter 672 of the Laws of 1993,
19 amending the Public Authorities Law.
20 ACTING PRESIDENT DeFRANCISCO:
21 Read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
5489
1 ACTING PRESIDENT DeFRANCISCO:
2 Call the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 48.
5 ACTING PRESIDENT DeFRANCISCO:
6 The bill is passed.
7 THE SECRETARY: Calendar Number
8 502, by Senator Sears, Senate Print 3325, an act
9 to amend the General Business Law, in relation
10 to prohibiting a Social Security number as a
11 condition for accepting a check in payment of
12 sales transaction.
13 ACTING PRESIDENT DeFRANCISCO:
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the 1st day of
17 November.
18 ACTING PRESIDENT DeFRANCISCO:
19 Call the roll.
20 (The Secretary called the roll. )
21 THE SECRETARY: Ayes 48.
22 ACTING PRESIDENT DeFRANCISCO:
23 The bill is passed.
5490
1 THE SECRETARY: Calendar Number
2 504, by Senator Skelos, Senate Print 1743-A, an
3 act to amend the General Obligations Law, in
4 relation to exoneration of certain crime
5 victims.
6 ACTING PRESIDENT DeFRANCISCO:
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 1st day of
10 November.
11 SENATOR PATERSON: Lay it aside.
12 ACTING PRESIDENT DeFRANCISCO:
13 Lay the bill aside.
14 THE SECRETARY: Calendar Number
15 509, by Senator Skelos, Senate Print 3726, an
16 act to amend the Education Law, in relation to
17 registration of voters.
18 ACTING PRESIDENT DeFRANCISCO:
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT DeFRANCISCO:
23 Call the roll.
5491
1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 48.
3 ACTING PRESIDENT DeFRANCISCO:
4 The bill is passed.
5 THE SECRETARY: Calendar Number
6 510, by Senator Present, Senate Print 4213, an
7 act apportioning transportation aid to the City
8 School District of Dunkirk.
9 ACTING PRESIDENT DeFRANCISCO: A
10 local fiscal impact statement is at the desk.
11 Please read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT DeFRANCISCO:
15 Call the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 48.
18 ACTING PRESIDENT DeFRANCISCO:
19 The bill is passed.
20 THE SECRETARY: Calendar Number
21 515, by Senator Holland, Senate Print 475, an
22 act to amend the Criminal Procedure Law, in
23 relation to designating security officers.
5492
1 ACTING PRESIDENT DeFRANCISCO:
2 Read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT DeFRANCISCO:
6 Call the roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 48.
9 ACTING PRESIDENT DeFRANCISCO:
10 The bill is passed.
11 THE SECRETARY: Calendar Number
12 517, by Senator Volker, Senate Print 587, an act
13 to amend the Penal Law, in relation to theft of
14 telecommunication services.
15 ACTING PRESIDENT DeFRANCISCO:
16 Read the last section.
17 THE SECRETARY: Section 7. This
18 act shall take effect on the last day of
19 November.
20 ACTING PRESIDENT DeFRANCISCO:
21 Call the roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 48.
5493
1 ACTING PRESIDENT DeFRANCISCO:
2 The bill is passed.
3 THE SECRETARY: Calendar Number
4 519, by Senator Saland, Senate Print 2335-A, an
5 act to amend the Criminal Procedure Law, in
6 relation to expanding the limited list of
7 offenses concerning which a child witness may
8 testify.
9 ACTING PRESIDENT DeFRANCISCO:
10 Read the last section.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the 1st day of the
13 calendar next month.
14 ACTING PRESIDENT DeFRANCISCO:
15 Call the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 48.
18 ACTING PRESIDENT DeFRANCISCO:
19 The bill is passed.
20 THE SECRETARY: Calendar Number
21 526, by Senator DeFrancisco, Senate Print 3521,
22 an act to amend the Criminal Procedure Law, in
23 relation to the detention of defendants.
5494
1 SENATOR GOLD: Please star the
2 bill.
3 ACTING PRESIDENT DeFRANCISCO:
4 Senator -- read the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT DeFRANCISCO:
8 Call the roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 49.
11 ACTING PRESIDENT DeFRANCISCO:
12 The bill is passed.
13 THE SECRETARY: Calendar Number
14 528, by Senator Skelos, Senate Print 3754, an
15 act to amend the Penal Law, in relation to the
16 term of licenses to carry or possess a pistol or
17 revolver in the county of Nassau.
18 SENATOR PATERSON: Lay aside.
19 ACTING PRESIDENT DeFRANCISCO:
20 Lay the bill aside.
21 THE SECRETARY: Calendar Number
22 532, by Senator Velella, Senate Print 21, an act
23 to amend the General Municipal Law, in relation
5495
1 to requiring the governing board of municipal
2 corporations to give a 60-day notice.
3 ACTING PRESIDENT DeFRANCISCO:
4 Read the last section.
5 THE SECRETARY: Section 6. This
6 act -
7 SENATOR VELELLA: Lay aside.
8 ACTING PRESIDENT DeFRANCISCO:
9 Lay that bill aside.
10 SENATOR VELELLA: For the day.
11 ACTING PRESIDENT DeFRANCISCO:
12 Lay that bill aside for the day.
13 THE SECRETARY: Calendar Number
14 566, by Senator Levy, Senate Bill 339, an act to
15 amend the Transportation Law, in relation to
16 amending the definition of "school" for purposes
17 of the commissioner's power to regulate safety
18 of school buses.
19 ACTING PRESIDENT DeFRANCISCO:
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on September 1st.
23 ACTING PRESIDENT DeFRANCISCO:
5496
1 Call the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 49.
4 ACTING PRESIDENT DeFRANCISCO:
5 The bill is passed.
6 THE SECRETARY: Calendar Number
7 567, by Senator Levy, Senate Print 347, an act
8 to amend the New York City charter and the
9 Public Authorities Law, in relation to the
10 inspection of the Metropolitan Transportation
11 Authority.
12 ACTING PRESIDENT DeFRANCISCO:
13 Read the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT DeFRANCISCO:
17 Call the roll.
18 (The Secretary called the roll. )
19 THE SECRETARY: Ayes 49.
20 ACTING PRESIDENT DeFRANCISCO:
21 The bill is passed.
22 THE SECRETARY: Calendar Number
23 585, by Senator Levy, Senate Print 4175, an act
5497
1 in relation to requiring the Metropolitan
2 Transportation Authority to study subway station
3 off-hour waiting areas.
4 ACTING PRESIDENT DeFRANCISCO:
5 Read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT DeFRANCISCO:
9 Call the roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 49.
12 ACTING PRESIDENT DeFRANCISCO:
13 The bill is passed.
14 THE SECRETARY: Calendar Number
15 622, by Senator Trunzo, Senate Print 4314, an
16 act to amend the Retirement and Social Security
17 Law, in relation to increasing the maximum
18 amount which retired persons may earn.
19 ACTING PRESIDENT DeFRANCISCO:
20 Read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT DeFRANCISCO:
5498
1 Call the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 49.
4 ACTING PRESIDENT DeFRANCISCO:
5 The bill is passed.
6 Senator Bruno, that completes the
7 reading of the non-controversial calendar.
8 SENATOR BRUNO: Mr. President,
9 can we now take up the controversial calendar.
10 ACTING PRESIDENT DeFRANCISCO:
11 The Secretary will read.
12 THE SECRETARY: On page 29,
13 Calendar Number 504, by Senator Skelos, Senate
14 Print 1743-A, an act to amend the General
15 Obligations Law, in relation to exoneration of
16 certain crime victims.
17 SENATOR BRUNO: Lay it aside
18 temporarily.
19 ACTING PRESIDENT DeFRANCISCO:
20 Lay the bill aside temporarily.
21 THE SECRETARY: Calendar Number
22 528, by Senator Skelos, Senate Print 3754, an
23 act to amend the Penal Law, in relation to the
5499
1 term of licenses to carry or possess a pistol.
2 ACTING PRESIDENT DeFRANCISCO:
3 Senator Paterson.
4 SENATOR PATERSON: Mr. President,
5 we actually debated this exact bill when it
6 applied to Suffolk County and now we have the,
7 in a sense, same standard being applied to
8 Nassau County.
9 Last year the Governor vetoed
10 this bill. He thought, as some of us do, that
11 there should be stricter limitations on gun
12 possession; so, in the interests of brevity, I'm
13 just going to give you the names of the
14 individuals who voted against that bill. They
15 are Senators Abate, Connor, Galiber, Kruger,
16 Leichter, Montgomery, Paterson, Solomon and
17 Smith.
18 ACTING PRESIDENT DeFRANCISCO:
19 Read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT DeFRANCISCO:
23 Call the roll.
5500
1 (The Secretary called the roll. )
2 THE SECRETARY: Those recorded in
3 the negative on Calendar Number 528, are
4 Senators Abate, Connor, Gold, Kruger,
5 Montgomery, Paterson, Smith.
6 ACTING PRESIDENT DeFRANCISCO:
7 Results.
8 THE SECRETARY: Ayes 42, nays 7.
9 ACTING PRESIDENT DeFRANCISCO:
10 The bill is passed.
11 SENATOR BRUNO: Mr. President,
12 can we now return to Calendar Number 504.
13 Senator Skelos is in the chamber.
14 ACTING PRESIDENT DeFRANCISCO:
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 504, by Senator Skelos, Senate Print 1743-A, an
18 act to amend the General Obligations Law, in
19 relation to exoneration of certain crime
20 victims.
21 ACTING PRESIDENT DeFRANCISCO: I
22 believe Senator Paterson previously requested an
23 explanation on this bill, Senator Skelos.
5501
1 SENATOR SKELOS: Mr. President,
2 this bill amends the General Obligations Law by
3 returning the assumption of risk doctrine to
4 civil lawsuits. In an action for damages, if
5 the defendant shows that the injury sustained by
6 the plaintiff arose during the commission or
7 attempted commission by the plaintiff of certain
8 enumerated crimes and that the actions of the
9 defendant were justified pursuant to Article 35
10 of the Penal Law, then the plaintiff is deemed
11 to assume all the risk of injury coming from the
12 encounter with the victim and that proof shall
13 constitute a complete defense to the action.
14 The defendant must furnish proof
15 by a preponderance of evidence by showing that
16 the plaintiff committed the crime and that the
17 defendant's actions were justified.
18 ACTING PRESIDENT DeFRANCISCO:
19 Senator Paterson.
20 SENATOR PATERSON: Mr. President,
21 would Senator Skelos yield for a question?
22 SENATOR SKELOS: Yes, I will.
23 ACTING PRESIDENT DeFRANCISCO:
5502
1 Senator Skelos, will you yield? He yields.
2 SENATOR PATERSON: Actually,
3 Senator, I like this bill, and I want to vote
4 for it. I just wanted to ask you if the whole
5 difference between our criminal and our civil
6 system is actually the standard of proof. Don't
7 you think that sometimes the -- there could be
8 an action that could be taken that certainly
9 would not incur any criminal liability but,
10 because of the different standard of proof being
11 the preponderance of the evidence, would incur
12 civil liability to the individual in this case
13 who would be the victim of a crime, or a good
14 samaritan or someone who is intervening?
15 SENATOR SKELOS: It's my belief
16 that, with the enumerated crimes and the fact
17 that the act had to be justified, that the
18 answer would be no, and that's my opinion.
19 SENATOR PATERSON: Thank you very
20 much.
21 Mr. President, on -- on this
22 bill.
23 I think we just have to be
5503
1 careful when we start, in a sense, creating a
2 situation where there can be no action on the
3 part of individuals. In this particular case
4 we're talking about crime victims or we're
5 talking about good samaritans who intervene in
6 an actual crime.
7 There's certainly been a number
8 of situations where people intervened, and they
9 actually wound up being sued themselves. It's
10 really very wrong when it happens. It's a kink
11 in our criminal justice system, and I think it's
12 very much satisfied by this particular bill. I
13 just hope that we will be cautious in future
14 legislation to make sure that we never lose
15 sight of the fact that we still have a -- a
16 civil system and that the standard of proof
17 there is met not by proving beyond a reasonable
18 doubt but by proving by preponderance of the
19 evidence.
20 ACTING PRESIDENT DeFRANCISCO:
21 Please read the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the 1st day of
5504
1 November.
2 ACTING PRESIDENT DeFRANCISCO:
3 Call the roll.
4 (The Secretary called the roll. )
5 THE SECRETARY: Those recorded in
6 the negative on Calendar Number 504 are Senators
7 Connor and Gold. Ayes 48, nays 2.
8 ACTING PRESIDENT DeFRANCISCO:
9 The bill is passed.
10 Senator Skelos, that completes
11 the reading of the controversial calendar.
12 SENATOR GOLD: Excuse me, Mr.
13 President.
14 (Senator Gold conferred with
15 Senator Skelos.)
16 SENATOR SKELOS: Mr. President,
17 is there any housekeeping at the desk?
18 ACTING PRESIDENT DeFRANCISCO:
19 There is no housekeeping at the desk.
20 SENATOR SKELOS: Does any member
21 have anything they would like to advise the
22 President of? No? O.K. There being no further
23 business, I move we adjourn until Tuesday, May
5505
1 9, 1995, at 3:00 p.m.
2 ACTING PRESIDENT DeFRANCISCO:
3 Without objection, the Senate stands adjourned
4 until May 9, 1995, at 3:00 p.m.
5 (Whereupon at 3:32 p.m., the
6 Senate adjourned.)
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