Regular Session - January 26, 1998

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         9                   ALBANY, NEW YORK

        10                   January 26, 1998

        11                       3:04 p.m.

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        13

        14                  REGULAR SESSION

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        18       LT. GOVERNOR BETSY McCAUGHEY ROSS, President

        19       STEVEN M. BOGGESS, Secretary

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         1                      P R O C E E D I N G S

         2                      (The public address system was

         3       completely inoperative.)

         4                      THE PRESIDENT:  The Senate will

         5       come to order.  Would you please rise and join

         6       me in the Pledge of Allegiance.

         7                      (The assemblage repeated the

         8       Pledge of Allegiance to the Flag.)

         9                      The invocation today will be

        10       given by Reverend David Selzer, from the

        11       Episcopal Church of the Good Shepherd in

        12       Buffalo.

        13                      Reverend Seltzer.

        14                      REVEREND DAVID SELZER:  Let us

        15       pray.

        16                      Bless to You, O Holy One,

        17       Creator and Sustainer of the universe.

        18                      Bless to You, O God, for

        19       creating us women and men in your holy image

        20       and for giving us the gifts of memory, wisdom,

        21       skill and compassion.

        22                      Bless to You for this day and

        23       for the Senate of this great state of New York

        24       with its gifts of being able to respond to its

        25       citizens in need and its concern for all the







                                                          339

         1       people of New York.

         2                      Bless to You, Allah, for the

         3       work You have given us to do, to govern Your

         4       people with justice and equality under the law

         5       and to discern the needs of our citizens,

         6       women and men, old and young, people of color

         7       and white, native and immigrant, gay, lesbian

         8       and straight, for the health and well-being of

         9       all.

        10                      Bless to You for the heritage

        11       of the women and men of New York who helped

        12       our society become more just for all, for

        13       Elizabeth Cady Stanton and Amelia Jakes

        14       Plummer, for Margaret Sanger and the founders

        15       of Planned Parenthood, for those who continue

        16       the struggle for equality and equal rights for

        17       women, especially giving thanks to the gifts

        18       of family planning and reproductive choice.

        19       Help us to learn from their experience and

        20       continue their heritage.

        21                      Be present with the Senate as

        22       it meets today, guide and secure the concerns

        23       of all its citizens and to preserve their

        24       liberties and the dignity of all, helping to

        25       move beyond legislation for pure political







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         1       gain only, to legislation that seeks to do

         2       justice for all.

         3                      Bless to you forever and ever.

         4       Amen.

         5                      THE PRESIDENT:  Amen.

         6                      Reading of the Journal.

         7                      THE SECRETARY:  In Senate,

         8       Saturday, January 24th. The Senate met

         9       pursuant to adjournment.  The Journal of

        10       Friday, January 23rd, was read and approved.

        11       On motion, Senate adjourned.

        12                      THE PRESIDENT:  Without

        13       objection, the Journal stands approved as

        14       read.

        15                      Presentation of petitions.

        16                      Messages from the Assembly.

        17                      Messages from the Governor.

        18                      Reports of standing

        19       committees.

        20                      Secretary will read.

        21                      THE SECRETARY:  Senator Rath,

        22       from the Committee on Local Government,

        23       reports the following bills:

        24                      Senate Print 527, by Senator

        25       Present, an act to amend the General Municipal







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         1       Law;

         2                      532, by Senator Present, an act

         3       to amend the General Municipal Law;

         4                      1182, by Senator Seward, an act

         5       to amend the County Law;

         6                      1419, by Senator Cook, an act

         7       to amend the Real Property Tax Law;

         8                      2305, by Senator Larkin, an act

         9       to amend the Real Property Tax Law;

        10                      5960, by Senator Present, an

        11       act to amend the Real Property Tax Law, and

        12                      6025, by Senator Stafford, an

        13       act to amend the Real Property Tax Law.

        14                      Senator Volker, from the

        15       Committee on Codes, reports:

        16                      Senate Print 70, by Senator

        17       Levy, an act to amend the Penal Law;

        18                      244, by Senator Johnson, an act

        19       to amend the Penal Law;

        20                      251, by Senator Rath, an act to

        21       repeal section 241;

        22                      253, by Senator Skelos, an act

        23       to amend the Penal Law;

        24                      337, by Senator Skelos, an act

        25       to amend the Penal Law;







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         1                      539, by Senator Present, an act

         2       to amend the Criminal Procedure Law;

         3                      816-A, by Senator Saland, an

         4       act to amend the Penal Law;

         5                      882, by Senator Spano, an act

         6       to amend the Penal Law;

         7                      948-A, by Senator Alesi, an act

         8       to amend the Penal Law;

         9                      1292, by Senator Saland, an act

        10       to amend the Criminal Procedure Law;

        11                      1467-A, by Senator Volker, an

        12       act to amend the Criminal Procedure Law;

        13                      1914-A, by Senator Libous, an

        14       act to amend the Penal Law;

        15                      1918, by Senator Libous, an act

        16       to amend the Penal Law;

        17                      3532, by Senator Volker, an act

        18       to amend the Penal Law;

        19                      4347, by Senator Maltese, an

        20       act to amend the Penal Law;

        21                      4644-A, by Senator Cook, an act

        22       to amend the Criminal Procedure Law;

        23                      5421, by Senator Velella, an

        24       act to amend the Criminal Procedure Law;

        25                      5691, by Senator Volker, an act







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         1       to amend the Penal Law and others.

         2                      All bills reported direct for

         3       third reading.

         4                      THE PRESIDENT:  Without

         5       objection, all bills direct to third reading.

         6                      Reports of select committees.

         7                      Communications and reports from

         8       state officers.

         9                      Motions and resolutions.

        10                      Senator Skelos.

        11                      SENATOR SKELOS:  Madam

        12       President, take up the non-controversial

        13       calendar.

        14                      THE PRESIDENT:  Secretary will

        15       read.

        16                      THE SECRETARY:  Calendar Number

        17       9, by Senator Rath, Senate Print 3636, an act

        18       to amend the General Municipal Law, in

        19       relation to alternative methods.

        20                      THE PRESIDENT:  Read the last

        21       section, please.

        22                      THE SECRETARY:  Section 3.

        23       This act shall take effect on the 160th day.

        24                      THE PRESIDENT:  Call the roll.

        25                      (The Secretary called the







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         1       roll. )

         2                      THE SECRETARY:  Ayes 45.

         3                      THE PRESIDENT:  The bill is

         4       passed.

         5                      THE SECRETARY:  Calendar Number

         6       13, by Senator Leibell, Senate Print 3626, an

         7       act to amend the Executive Law, in relation to

         8       allowing designees of certain members.

         9                      THE PRESIDENT:  Read the last

        10       section, please.

        11                      THE SECRETARY:  Section 2.

        12       This act shall take effect immediately.

        13                      THE PRESIDENT:  Call the roll.

        14                      (The Secretary called the

        15       roll. )

        16                      THE SECRETARY:  Ayes 45.

        17                      THE PRESIDENT:  The bill is

        18       passed.

        19                      THE SECRETARY:  Calendar Number

        20       18, by Senator Saland, Senate Print 1143, an

        21       act to amend the Penal Law, in relation to

        22       including the intentional preventing of

        23       hospital emergency department personnel.

        24                      THE PRESIDENT:  Read the last

        25       section, please.







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         1                      THE SECRETARY:  Section 2.

         2       This act shall take effect on the first day of

         3       November.

         4                      THE PRESIDENT:  Call the roll.

         5                      (The Secretary called the

         6       roll. )

         7                      THE SECRETARY:  Ayes 46.

         8                      THE PRESIDENT:  The bill is

         9       passed.

        10                      THE SECRETARY:  Calendar Number

        11       20, by Senator Volker, Senate Print 1717, an

        12       act to amend the Penal Law, in relation to

        13       aggravated harassment of an employee by an

        14       inmate.

        15                      THE PRESIDENT:  Read the last

        16       section, please.

        17                      THE SECRETARY:  Section 2.

        18       This act shall take effect on the first day of

        19       November.

        20                      THE PRESIDENT:  Call the roll.

        21                      (The Secretary called the

        22       roll. )

        23                      THE SECRETARY:  Ayes 49.

        24                      THE PRESIDENT:  The bill is

        25       passed.







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         1                      THE SECRETARY:  Calendar Number

         2       22, by Senator Wright, Senate Print 3814, an

         3       act to amend the Penal Law, in relation to

         4       assault with a noxious material.

         5                      THE PRESIDENT:  Read the last

         6       section, please.

         7                      THE SECRETARY:  Section 2.

         8       This act shall take effect on the first day of

         9       November.

        10                      THE PRESIDENT:  Call the roll,

        11       please.

        12                      (The Secretary called the

        13       roll. )

        14                      THE SECRETARY:  Ayes 49.

        15                      THE PRESIDENT:  The bill is

        16       passed.

        17                      THE SECRETARY:  Calendar Number

        18       23, by Senator Larkin, Senate Print 3869, an

        19       act to amend the Civil Practice Law and Rules,

        20       in relation to authorizing.

        21                      THE PRESIDENT:  Read the last

        22       section, please.

        23                      THE SECRETARY:  Section 2. This

        24       act shall take effect immediately.

        25                      THE PRESIDENT:  Call the roll.







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         1                      (The Secretary called the

         2       roll. )

         3                      THE SECRETARY:  Ayes 49.

         4                      THE PRESIDENT:  The bill is

         5       passed.

         6                      THE SECRETARY:  Calendar Number

         7       24, by Senator Nozzolio, Senate Print 3924, an

         8       act to amend the Penal Law, in relation to

         9       allowing an 11-year-old person to take a

        10       hunting safety course.

        11                      THE PRESIDENT:  Read the last

        12       section, please.

        13                      THE SECRETARY:  Section 2. This

        14       act shall take effect immediately.

        15                      THE PRESIDENT:  Call the roll.

        16                      (The Secretary called the

        17       roll. )

        18                      THE SECRETARY:  Ayes 49.

        19                      THE PRESIDENT:  The bill is

        20       passed.

        21                      THE SECRETARY:  Calendar Number

        22       25, by Senator Padavan, Senate Print 4589, an

        23       act to amend the Penal Law, in relation to

        24       including police officers.

        25                      THE PRESIDENT:  Read the last







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         1       section, please.

         2                      THE SECRETARY:  Section 2.

         3       This act shall take effect on the first day of

         4       November.

         5                      THE PRESIDENT:  Call the roll.

         6                      (The Secretary called the

         7       roll. )

         8                      THE SECRETARY:  Ayes 53.

         9                      THE PRESIDENT:  The bill is

        10       passed.

        11                      THE SECRETARY:  Calendar Number

        12       26, by Senator Volker, Senate Print 5280, an

        13       act to amend the Penal Law, in relation to

        14       causing the death of a peace officer.

        15                      THE PRESIDENT:  Read the last

        16       section, please.

        17                      Oh, Senator Holland.

        18                      SENATOR HOLLAND: To explain my

        19       vote.

        20                      SENATOR HOLLAND: When New York

        21       City Police Officer Vinnie Guidice died in the

        22       line of duty in May of 1996, it was a loss

        23       that hit home for me.

        24                      Though he worked in New York,

        25       Officer Vincent Guidice lived in Stony Point







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         1       in Rockland County and was a vibrant member of

         2       our community, having served as a volunteer

         3       fireman and had a variety of other community

         4       involvement.

         5                      As we all know by now, the

         6       circumstances of Officer Guidice's death were

         7       unusual.  There was no gun, no knife; yet the

         8       consequences of Anthony Rivers' actions were

         9       just as deadly and the results just as tragic,

        10       the loss of one of New York's finest.

        11                      Officer Guidice died on May

        12       22nd, 1996 from injuries he sustained while

        13       responding to the second domestic violence

        14       request of the day involving Anthony Rivers.

        15       Rivers resisted arrest, resulting in a

        16       struggle during which Officer Guidice fell on

        17       a broken mirror and bled to death from the

        18       resulting injuries.

        19                      When a jury failed to find

        20       Anthony Rivers criminally responsible for

        21       Vincent Guidice's death, it was clear that

        22       this Legislature should be responsible for

        23       addressing shortcomings in the law.

        24                      Officer Guidice was not the

        25       only victim of this crime.







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         1                      His family, our community and

         2       every law-abiding New Yorker was victimized

         3       when Anthony Rivers who, in trying to prevent

         4       Officer Guidice from upholding the law, was

         5       not held responsible for his death.

         6                      Rivers has a very, very bad

         7       record.

         8                      Passage of this legislation

         9       would provide greater protections for our

        10       public servants who put their lives on the

        11       line every day.

        12                      Vinnie Guidice made the

        13       ultimate sacrifice in the performance of his

        14       job.

        15                      It is only proper that we honor

        16       his memory with legislation that will, in the

        17       future, hold criminals more accountable for

        18       their actions.

        19                      I hope our colleagues in the

        20       Assembly will see fit to join the Senate in

        21       passing the Police Officer Vincent Guidice

        22       Memorial Act.

        23                      We must end parole for violent

        24       felons!

        25                      I vote yes.







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         1                      THE PRESIDENT: Read the last

         2       section, please.

         3                      THE SECRETARY:  Section 4.

         4       This act shall take effect on the first day of

         5       November.

         6                      THE PRESIDENT:  Call the roll.

         7                      (The Secretary called the

         8       roll. )

         9                      THE SECRETARY:  Ayes 53.

        10                      THE PRESIDENT:  The bill is

        11       passed.

        12                      THE SECRETARY:  Calendar Number

        13       36, by Senator Farley, Senate Print 3803-A, an

        14       act to amend the Banking Law, in relation to

        15       the voluntary and involuntary liquidation of

        16       investment companies.

        17                      THE PRESIDENT:  Read the last

        18       section, please.

        19                      THE SECRETARY:  Section 18.

        20       This act shall take effect immediately.

        21                      THE PRESIDENT:  Call the roll.

        22                      (The Secretary called the

        23       roll. )

        24                      THE SECRETARY:  Ayes 53.

        25                      THE PRESIDENT:  The bill is







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         1       passed.

         2                      THE SECRETARY:  Calendar Number

         3       50, by Senator Spano, Senate Print 4143, an

         4       act to amend the Workers' Compensation Law, in

         5       relation to exemption from coverage for

         6       executive officers of certain entities.

         7                      THE PRESIDENT:  Read the last

         8       section, please.

         9                      THE SECRETARY:  Section 3.

        10       This act shall take effect in 90 days.

        11                      THE PRESIDENT:  Call the roll.

        12                      (The Secretary called the

        13       roll. )

        14                      THE SECRETARY:  Ayes 53.

        15                      THE PRESIDENT:  The bill is

        16       passed.

        17                      THE SECRETARY:  Calendar Number

        18       80, by Senator DeFrancisco, Senate Print 480,

        19       an act to amend the Social Services Law, in

        20       relation to transportation.

        21                      SENATOR STACHOWSKI:  Lay aside.

        22                      THE PRESIDENT:  Laid aside,

        23       please.

        24                      THE SECRETARY:  Calendar Number

        25       87, by Senator Present, Senate Print 538, an







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         1       act to amend the Penal Law, in relation to

         2       lawful possession.

         3                      SENATOR STACHOWSKI:  Lay

         4       aside.

         5                      THE PRESIDENT: Lay it aside,

         6       please.

         7                      THE SECRETARY:  Calendar Number

         8       96, by Senator Maziarz, Senate Print 2525, an

         9       act to amend the Criminal Procedure Law, in

        10       relation to period of limitation.

        11                      THE PRESIDENT:  Read the last

        12       section, please.

        13                      THE SECRETARY:  Section 2.

        14       This act shall take effect immediately.

        15                      THE PRESIDENT:  Call the roll.

        16                      (The Secretary called the

        17       roll. )

        18                      THE SECRETARY:  Ayes 53.

        19                      THE PRESIDENT:  The bill is

        20       passed.

        21                      SENATOR SKELOS:  Madam

        22       President, could you take up the controversial

        23       calendar.

        24                      THE PRESIDENT:  Secretary will

        25       read.







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         1                      THE SECRETARY:  Calendar Number

         2       80, by Senator DeFrancisco, Senate Print 480,

         3       an act to amend the Social Services Law, in

         4       relation to the transportation of certain

         5       persons in need of medical assistance.

         6                      SENATOR PATERSON:  Explanation,

         7       please.

         8                      THE PRESIDENT:  Senator

         9       DeFrancisco, an explanation has been

        10       requested.

        11                      SENATOR DeFRANCISCO:  Yes, this

        12       bill basically -- well, not basically, is

        13       identical to the bill that passed last year

        14       which would require all individuals on

        15       Medicaid who are physically able and

        16       emotionally able to take public transportation

        17       to non-emergency appointments.

        18                      THE PRESIDENT:  Senator

        19       Paterson.

        20                      SENATOR PATERSON:  Thank you,

        21       Madam President.

        22                      If the sponsor would yield for

        23       a question.

        24                      SENATOR DeFRANCISCO:  Yes.

        25                      THE PRESIDENT:  Senator







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         1       DeFrancisco?  Senator Paterson.

         2                      SENATOR PATERSON:  Senator

         3       DeFrancisco, this measure designed for cost

         4       saving, I wonder if you have any data as to

         5       how much it would save the state and how one

         6       would consider maybe how this wonderful term

         7       "physically able" is defined and so,

         8       therefore, I ask you (inaudible).

         9                      SENATOR DeFRANCISCO:  We say it

        10       would be a justified benefit not only to save

        11       the costs, but it drives more dollars to

        12       public transportation each year. I was

        13       approached by CENTRO, our local transportation

        14       agency, who we have provided emergency funding

        15       for the last three years, and they told me not

        16       only the saving but that transportation

        17       dollars would be driven to those public

        18       transportation systems that we had to use

        19       other tax dollars for to provide emergency

        20       grants since their ridership wasn't as high as

        21       it would have to be to be financially stable.

        22       So I don't know the exact dollars, but to tell

        23       you there's a double benefit saving the

        24       transportation costs and driving dollars to

        25       public transportation.







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         1                      THE PRESIDENT:  Excuse me,

         2       Senator Paterson.  There is no microphone

         3       today, so if everybody would refrain from

         4       talking too much and ask the speakers who are

         5       debating to magnify their voices.

         6                      Senator Paterson.

         7                      SENATOR PATERSON:  Thank you,

         8       Madam President.

         9                      Could Senator DeFrancisco yield

        10       for another question?

        11                      THE PRESIDENT:  Senator?

        12                      SENATOR DeFRANCISCO:  Yes.

        13                      SENATOR PATERSON:  Senator, do

        14       you happen to have the -- how many individuals

        15       would actually be affected and would, in fact,

        16       this whole scenario played out for some amount

        17       of savings, involve a lot of burden on senior

        18       citizens whose ability to travel any distance

        19       from the public transportation center to where

        20       they may live would probably vary almost on a

        21       monthly basis with the elderly.  How many

        22       people, in other words, would this actually

        23       really assist?

        24                      THE PRESIDENT:  Senator

        25       DeFrancisco.







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         1                      SENATOR DeFRANCISCO:  Once

         2       again, I don't have any numbers but it's just

         3       the basis of the bill is common sense.  If the

         4       person is physically capable of public

         5       transportation, then an individual should be

         6       required to take public transportation just

         7       like any individual on a fixed income that may

         8       not be able to purchase a vehicle would need

         9       public transportation to go to work and pay

        10       their own money for that public

        11       transportation.  We should use the same theory

        12       if they're physically capable, to use our

        13       taxpayer money more efficiently, but I can't

        14       give you numbers.  It just makes to me common

        15       sense to provide the same standard for those

        16       using public money as they would have to use

        17       with their own money.

        18                      THE PRESIDENT:  Senator

        19       Paterson.

        20                      SENATOR PATERSON:  Thank you,

        21       Senator DeFrancisco.

        22                      Madam President, on the bill.

        23                      I think that what Senator

        24       DeFrancisco is suggesting makes sense to me as

        25       well.  If we had a group of people who are







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         1       physically able to travel at a cost savings to

         2       the state, we certainly would want to

         3       encourage that travel.  However, lacking

         4       sufficient evidence and documentation as I

         5       tried to elicit from Senator DeFrancisco, we

         6       have to arrive at the conclusion that

         7       conditions are not always as they seem.

         8                      In the sense of trying to come

         9       to a determination as to what actually is

        10       "physically able" under what we would

        11       consider to be the standard that would make

        12       someone eligible to engage in this kind of

        13       transportation, it's our opinion that it would

        14       possibly hurt far more individuals than would

        15       actually help us in terms of the cost

        16       savings.

        17                      The desire to direct more

        18       people to public transportation is good; the

        19       desire to have those who are physically

        20       capable not take too much advantage of social

        21       services by taking taxis to services is also

        22       good, but in the absence of (inaudible) that

        23       the evidence would bear out, we are making

        24       individuals travel great distances from the

        25       center at which the public transportation







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         1       begins, and there is also concern for the

         2       public safety of those individuals, often

         3       elderly, who are placed in the position of

         4       having to travel like that and lacking the

         5       physical capability to do it a few times over

         6       a period of time, their overall physical

         7       condition and out of concern for their

         8       physical condition and their overall health

         9       and safety, I think it would make better sense

        10       not to pass this legislation and would

        11       probably bear on the factors of public safety

        12       and also of difficulty to the individuals who

        13       are not trying to really in many ways take

        14       advantage of the system but are probably

        15       having trouble living under the conditions as

        16       they are now.

        17                      I would suggest that we not go

        18       this route and pass this legislation.

        19                      THE PRESIDENT:  Thank you,

        20       Senator Paterson.

        21                      Read the last section, please.

        22                      THE SECRETARY:  Section 2.

        23       This act shall take effect immediately.

        24                      THE PRESIDENT:  Call the roll.

        25                      (The Secretary called the







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         1       roll. )

         2                      THE SECRETARY:  Those recorded

         3       in the negative on Calendar Number 80 are

         4       Senators Abate, Connor, Gentile, Gold, Kruger,

         5       Lachman, Markowitz, Montgomery, Paterson and

         6       Santiago.  Ayes 45, nays 10.

         7                      THE PRESIDENT:  The bill is

         8       passed.

         9                      THE SECRETARY:  Calendar Number

        10       87, by Senator Present, Senate Print 538, an

        11       act to amend the Penal Law, in relation to

        12       lawful possession of weapons.

        13                      SENATOR PATERSON:

        14       Explanation.

        15                      ACTING PRESIDENT MEIER:

        16       Senator Present, an explanation has been

        17       requested.

        18                      SENATOR PRESENT:  Mr.

        19       President, it's been many years since we

        20       passed (inaudible) Boy Scout summer camp

        21       program, where they teach the boys how to

        22       ensure the safety, and to allow 11-year-olds

        23       to obtain (inaudible).  It's a very popular

        24       program among the scout campers and it's

        25       limited to taking place under the control and







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         1       supervision of a certified Boy Scout

         2       instructor on a range that's certified. That's

         3       all it does.

         4                      ACTING PRESIDENT MEIER:

         5       Senator Paterson.

         6                      SENATOR PATERSON:  Thank you,

         7       Mr. President.

         8                      Just a point on the bill

         9       itself.  I'd just like to comment that

        10       sometimes I think we bring a terrible

        11       confusion by these programs particularly for

        12       the younger people such as this permitting

        13       possession of a rifle.  In other words, we're

        14       advocating against the overuse of tobacco, but

        15       at the same time we're publicizing the use of

        16       tobacco.  We might have sexual problems and we

        17       suggest abstinence from sex, but again we

        18       publicize the process.  Here again, we have

        19       the problem with the discussion of safety of

        20       firearms at the same time we're bringing up

        21       the discussion of the use of firearms

        22       themselves and, at this point, particularly at

        23       age 11, I don't know that it's the greatest

        24       idea to actually be publicizing what would be

        25       the use of firearms which has contributed to







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         1       so much violence in our society today.

         2                      Other than that, I'm not going

         3       to say anything about the fact that my brother

         4       shot me with his B-B gun many years ago

         5       (inaudible) and I think he was somewhere

         6       around age 11, and that is only a minor

         7       consideration in casting my vote against this

         8       particular piece of legislation.

         9                      ACTING PRESIDENT MEIER:  Read

        10       the last section.

        11                      THE SECRETARY:  Section 2.

        12       This act shall take effect on the first day of

        13       November.

        14                      ACTING PRESIDENT MEIER:  Call

        15       the roll.

        16                      (The Secretary called the

        17       roll. )

        18                      THE SECRETARY:  Those recorded

        19       in the negative on Calendar Number 87 are

        20       Senators Kruger, Montgomery and Paterson.

        21       Ayes 53, nays 3.

        22                      ACTING PRESIDENT MEIER:  The

        23       bill is passed.

        24                      SENATOR OPPENHEIMER:  Mr.

        25       President.







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         1                      ACTING PRESIDENT MEIER:

         2       Senator Oppenheimer.

         3                      SENATOR OPPENHEIMER:  I would

         4       like unanimous consent, please, to be recorded

         5       in the negative on Calendar Number 8.

         6                      ACTING PRESIDENT MEIER:

         7       Without objection, Senator Oppenheimer will be

         8       recorded in the negative on Calendar Number

         9       8.

        10                      Senator Skelos, that concludes

        11       the reading of the controversial calendar.

        12                      SENATOR SKELOS:  Mr. President,

        13       if we could return to motions and resolutions,

        14       I believe there is a privileged resolution at

        15       the desk by Senator Markowitz.  I would ask

        16       that the title be read and move its adoption.

        17                      ACTING PRESIDENT MEIER:  We

        18       will return to the order of motions and

        19       resolutions. Secretary will read the title.

        20                      THE SECRETARY:  By Senator

        21       Markowitz, Legislative Resolution recognizing

        22       the week of January 25 through January 31,

        23       1998 as Catholic Schools Week.

        24                      ACTING PRESIDENT MEIER:

        25       Question is on the resolution. All in favor







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         1       signify by saying aye.

         2                      (Response of "Aye.")

         3                      Opposed nay.

         4                      (There was no response. )

         5                      The resolution is adopted.

         6                      Senator Skelos.

         7                      SENATOR SKELOS:  Would you

         8       recognize Senator Montgomery, please.

         9                      ACTING PRESIDENT MEIER:

        10       Sorry.  Senator Montgomery.

        11                      SENATOR MONTGOMERY:  Yes, Mr.

        12       President.  I would like unanimous consent to

        13       be recorded in the negative on Calendar Number

        14       96.

        15                      ACTING PRESIDENT MEIER:

        16       Without objection, Senator Montgomery will be

        17       recorded in the negative on Calendar Number

        18       96.

        19                      Senator Rath.

        20                      SENATOR RATH:  Yes, Mr.

        21       President.  I move the following bill be

        22       discharged from its respective committee with

        23       instructions to strike the enacting clause:

        24       Senate Bill Number 1744 and 2120.

        25                      ACTING PRESIDENT MEIER:  So







                                                          365

         1       ordered.

         2                      Senator Skelos.

         3                      SENATOR SKELOS:  Mr. President,

         4       is there any other housekeeping at the desk?

         5                      ACTING PRESIDENT MEIER:  No,

         6       Senator Skelos, there is none.

         7                      SENATOR SKELOS:  There being no

         8       further business, I move we adjourn until

         9       Tuesday, January 27th at 12:00 noon.

        10                      ACTING PRESIDENT MEIER:  There

        11       being no further business, the Senate will

        12       adjourn until January 27th, Tuesday, at 12:00

        13       noon.

        14                      (Whereupon at 3:30 p.m., the

        15       Senate adjourned.)

        16

        17

        18

        19

        20