Regular Session - May 5, 1998
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9 ALBANY, NEW YORK
10 May 5, 1998
11 3:02 p.m.
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14 REGULAR SESSION
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18 SENATOR CARL L. MARCELLINO, Acting President
19 STEVEN M. BOGGESS, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT MARCELLINO:
3 The Senate will come to order. All rise and
4 repeat the Pledge of Allegiance.
5 (The assemblage repeated the
6 Pledge of Allegiance to the Flag.)
7 We have with us Bishop Muriel
8 Grant of the Mount Olivet Discipleship in
9 Christ, from Brooklyn.
10 Bishop?
11 BISHOP MURIEL GRANT: Let us
12 pray.
13 May the infinite power of the
14 Almighty God be with us. O God, Who has given
15 unto us this land for our heritage, may we
16 prove to be a people mindful of Thy favor and
17 glad to do Thy will. We thank You, O God,
18 even for those others sent before us, our
19 pioneers who were so directed and guided by
20 You and were instrumental in the formation of
21 these United States.
22 Bless our land with industry
23 now, sound living, purity and good mannerism.
24 Save us, O God, from violence, discord,
25 confusion, pride and arrogance, and from any
2956
1 evil way that will hinder our growth or
2 unity. We have now presented ourselves as a
3 multitude of people which have come hither
4 from diverse towns and cultures. Imbue with a
5 spirit of wisdom those to whom we have
6 entrusted the authority of government, that
7 there be justice and peace at home and that
8 through our obedience to Thy laws, we may
9 become a people worthy of sharing Thy praise
10 to other nations of the world.
11 Bless the President of these
12 United States. Fill our hearts with
13 thankfulness. Let not our trust fail in You,
14 but now, O gracious God, I humbly beseech Thee
15 not only for the people of these United States
16 in general but so especially for their Senate
17 here assembled, Republicans and Democrats,
18 bless their Senate ruler. Bless all Senators
19 here. Pour down an abundance of Your wisdom
20 and power upon their counseling session. Heal
21 their infirmities. Direct and prosper all
22 Senate consultations, giving them wisdom of
23 laws needed for effective leadership to the
24 advancement of Thy glory, the good of Thy
25 church, the safety, honor and welfare of Thy
2957
1 people, that things ordered and settled by the
2 endeavors of these Senators will rest upon the
3 surest and best foundation of peace and
4 happiness and justice and piety so that it may
5 be established amongst us all now and
6 forever.
7 This I pray in the name of my
8 Savior, my Lord Jesus Christ. May by the
9 power of God vested in me the extension of the
10 blessings of God the Father, the Son and the
11 Holy Spirit rest and remain with you now and
12 forever. Amen.
13 THE PRESIDENT: Thank you,
14 Bishop.
15 We have the reading of the
16 Journal.
17 THE SECRETARY: In Senate, May
18 -- Monday, May 4th. The Senate met pursuant
19 to adjournment. The Journal of Sunday, May
20 3rd, was read and approved. On motion, Senate
21 adjourned.
22 ACTING PRESIDENT MARCELLINO:
23 Without objection, the Journal stands approved
24 as read.
25 We have presentation of
2958
1 petitions.
2 Messages from the Assembly.
3 Messages from the Governor.
4 Reports of standing
5 committees.
6 Reports of select committees.
7 Motions and resolutions.
8 Senator Cook.
9 SENATOR COOK: Madam or Mr.
10 President
11 ACTING PRESIDENT MARCELLINO:
12 Excuse me?
13 SENATOR COOK: That's what it
14 says.
15 On page 32, I offer the
16 following amendments to Calendar 651, Senate
17 Print 6174-A and ask that the said bill retain
18 its place on the Third Reading Calendar.
19 ACTING PRESIDENT MARCELLINO:
20 Amendments received and accepted and the bill
21 will retain its place on the Third Reading
22 Calendar.
23 We have a substitution. Can we
24 take that up now, please? Secretary will read.
25 THE SECRETARY: On page 5,
2959
1 Senator Farley moves to discharge from the
2 Committee on Civil Service and Pension
3 Assembly Print 9167 and substitute it for the
4 identical Senate Bill 6116.
5 ACTING PRESIDENT MARCELLINO:
6 Substitution is ordered.
7 Senator Johnson.
8 SENATOR JOHNSON: Mr.
9 President, may we please adopt the Resolution
10 Calendar with the exceptions of Resolutions
11 3292, 3325, 3326 and 3327?
12 ACTING PRESIDENT MARCELLINO:
13 Senator, we'll do that if we can have some
14 order in the chamber, please. We have
15 conversations. Can we take them out of the
16 chamber so we get our work done, please.
17 All right. All in favor of
18 adopting the Resolution Calendar with the
19 exceptions of Resolution 3292, 3325, 3326 and
20 3327 signify by saying aye.
21 (Response of "Aye.")
22 Opposed nay.
23 (There was no response. )
24 The Resolution Calendar is
25 adopted with the aforementioned exceptions.
2960
1 Senator Johnson.
2 SENATOR JOHNSON: Mr.
3 President, I believe we have a privileged
4 resolution at the desk, and I ask that its
5 title be read in its entirety and move its
6 immediate adoption.
7 ACTING PRESIDENT MARCELLINO:
8 Secretary will read.
9 THE SECRETARY: By Senator
10 Bruno, Legislative Resolution commemorating
11 the 47th consecutive observance of the
12 National Day of Prayer in the state of New
13 York, Thursday, May 7th, 1998.
14 WHEREAS, it is the sense of
15 this legislative body to participate in events
16 of significance to the people of this state
17 and nation;
18 Attendant to such concern and
19 fully in accord with its long-standing
20 traditions, it is the intent of this
21 legislative body to commemorate the 47th
22 consecutive observance of National Day of
23 Prayer in the state of New York on Thursday,
24 May 7th, 1998;
25 This legislative body is proud
2961
1 to have observed the National Day of Prayer in
2 Albany for so many years. This year's fitting
3 theme is "Turning Our Hearts to God;"
4 Prayer has always been an
5 important part of our nation's heritage.
6 National Day of Prayer is a tradition first
7 proclaimed by the Continental Congress in 1775
8 when John Hancock signed a Congressional order
9 establishing the first Day of Prayer;
10 In keeping with our founding
11 fathers' faith, civic prayers and national
12 days of prayer have a long and venerable
13 history in our constitutional republic. In
14 1983, in Marsh versus Chambers the Supreme
15 Court affirmed the right of state legislatures
16 to open their sessions with prayer. The
17 Supreme Court and the United States Congress
18 both begin each day with prayer;
19 The observance of a National
20 Day of Prayer became the law of the land in
21 1952 when a resolution was unanimously passed
22 by Congress and was signed by President Harry
23 Truman;
24 An amendment to this law was
25 signed by President Ronald Reagan in 1988
2962
1 designating the first Thursday in May as the
2 annual Day of Prayer;
3 National Day of Prayer provides
4 an opportunity for Americans of all faiths to
5 join in united prayer to acknowledge our
6 dependence on God, to give thanks for
7 blessings received, to request healing for
8 wounds endured and to ask God to guide our
9 leaders and bring wholeness to the United
10 States and her citizens;
11 It is fitting and proper to
12 give thanks to God by observing the National
13 Day of Prayer in New York State on May 7, 1998
14 when all may acknowledge our blessings and
15 express gratitude for them while recognizing
16 the need for strengthening moral and religious
17 values in our state and nation;
18 NOW, THEREFORE, BE IT RESOLVED
19 that this legislative body pause in its
20 deliberations to commemorate the 47th
21 consecutive observance of National Day of
22 Prayer in the state of New York on Thursday,
23 May 7th, and to urge the citizens of New York
24 to observe this day in ways appropriate to its
25 importance and significance; and
2963
1 BE IT FURTHER RESOLVED that a
2 copy of this resolution, suitably engrossed,
3 be transmitted to the Reverend Stephen Lalor,
4 Chairperson, National Day of Prayer, Albany
5 Area Task Force, Glenmont, New York.
6 ACTING PRESIDENT MARCELLINO:
7 The motion is on the resolution. All in favor
8 signify by saying aye.
9 (Response of "Aye.")
10 Opposed nay.
11 (There was no response. )
12 The resolution is passed.
13 Senator Bruno -- Senator Johnson.
14 SENATOR JOHNSON: Mr.
15 President, just don't call me Sheldon.
16 Would you please take up
17 Resolution Number 3225, by Senator Maziarz,
18 have it read in its entirety and move its
19 immediate adoption.
20 Thank you.
21 ACTING PRESIDENT MARCELLINO:
22 Yes, Senator Johnson, we will do that, sir.
23 Secretary will read.
24 THE SECRETARY: By Senator
25 Maziarz, Legislative Resolution memorializing
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1 the Honorable George E. Pataki, Governor, to
2 proclaim May 5th, 1998 as Senior Citizen Day
3 in New York State.
4 WHEREAS, the more than 3
5 million residents of New York State 60 years
6 of age and older are vital, integral and
7 contributing members of our society;
8 The more than 3 million senior
9 citizens residing in the state of New York
10 have contributed to the commonwealth of the
11 state by building and helping preserve the
12 customs, traditions and ideals of the many
13 ethnic groups that make up the mosaic of New
14 York State;
15 The wisdom and experience of
16 senior citizens constantly enrich the lives of
17 the young people of our state through a strong
18 tradition of volunteerism;
19 Since 1962, the month of May
20 has been declared by Presidential Proclamation
21 Older Americans Month in order for communities
22 around the nation to set time aside to
23 celebrate and reflect on the unique role older
24 Americans play in the fabric of our society;
25 The legislative and executive
2965
1 branches of the New York State government have
2 as a primary goal the improvement of the
3 quality of life of older New Yorkers and the
4 assurance of their continued dignity;
5 NOW, THEREFORE, BE IT RESOLVED
6 that this legislative body pause in its
7 deliberations to memorialize the Honorable
8 George E. Pataki, Governor, to proclaim May
9 5th, 1998 as Senior Citizen Day in the state
10 of New York and,
11 BE IT FURTHER RESOLVED that all
12 the residents of New York State are urged to
13 honor all citizens who are the cornerstone of
14 the strength of our nation and to whom a debt
15 of gratitude is owed; and
16 BE IT FURTHER RESOLVED that a
17 copy of this resolution, suitably engrossed,
18 be transmitted to the Honorable George E.
19 Pataki, Governor.
20 ACTING PRESIDENT MARCELLINO:
21 The motion is on the resolution. All in favor
22 signify by saying aye.
23 (Response of "Aye.")
24 Opposed nay.
25 (There was no response. )
2966
1 Senator Maziarz, you wish to
2 explain your vote?
3 SENATOR MAZIARZ: Thank you
4 very much, Mr. President.
5 On behalf of myself as chair of
6 the Senate Aging Committee and on behalf of
7 Senator Hugh Farley as the former chair of the
8 Senate Aging Committee who is aging as we
9 speak, it is with great pleasure and
10 admiration of the senior citizens of New York
11 that I stand before my colleagues and guests
12 today memorializing our Governor to proclaim
13 May 5th, 1998 as Senior Citizens Day in the
14 state of New York.
15 In my second year as chair of
16 the Senate Aging Committee, I have to say that
17 Senior Citizen Day has become a very important
18 day for me, and it's one I look forward to
19 with vigor. Through their sacrifices and
20 tireless volunteer efforts, seniors have made
21 New York State a better place to live and work
22 for all of us. Senior citizens have made
23 remarkable contributions to all facets of
24 society, including children, the disabled and
25 the frail elderly.
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1 Today we attempt to give back a
2 small fraction of what their many years of
3 service, contribution and dedication have so
4 unselfishly given to their respective
5 communities.
6 I would urge all of my
7 colleagues to talk about this day, and I would
8 open this resolution and invite all members to
9 sign on as co-sponsors. I would take the
10 take the liberty, however, Mr. President, of
11 asking the secretary to sign Senator Farley on
12 as a co-sponsor as he doesn't want to stand up
13 on his own right. He's a little tired today.
14 Thank you, Mr. President.
15 ACTING PRESIDENT MARCELLINO:
16 We will accept all members on the resolution
17 unless you wish not to be. If you wish not to
18 be on the resolution, let the Chair know.
19 Otherwise, everyone will be placed on the
20 resolution.
21 The resolution is passed.
22 Senator Johnson, please.
23 SENATOR JOHNSON: Mr.
24 President, would you please have Resolution
25 3266, by Senator Holland, read in its entirety
2968
1 and move its immediate adoption.
2 ACTING PRESIDENT MARCELLINO:
3 Secretary will read.
4 THE SECRETARY: By Senator
5 Holland, Legislative Resolution, commending
6 Timothny P. Finn upon the occasion of his
7 designation as the recipient of the 1998 New
8 York State Senior Citizen of the Year Award.
9 WHEREAS senior citizens bring
10 their special wisdom, experience and
11 enthusiasm to countless endeavors helping to
12 shape and strengthen the character of the
13 communities of the state of New York and the
14 quality of our lives;
15 It is the sense of this
16 legislative body to recognize and honor the
17 senior citizens of New York State for their
18 diverse talents and generous service on behalf
19 of others;
20 In conjunction with the
21 celebration of Senior Citizen Day in New York
22 State on May 5th, 1998, this legislative body
23 takes great pleasure in honoring Timothy P.
24 Finn as the 1998 Senior Citizen of the Year;
25 The Senior Citizen of the Year
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1 Award recognizes a senior citizen who has
2 tirelessly advocated on behalf of seniors and
3 has assisted in providing needed support
4 services and activities which enhance the
5 lives of senior citizens;
6 Timothy P. Finn, of Orangeburg,
7 New York, truly exemplifies these qualities;
8 As a member of the New York
9 City Police Department now retired, Timothy
10 Finn organized Shields, a fraternal
11 organization for law enforcement officers as
12 soon as he moved to Rockland County in 1966.
13 In addition to its work with disabled children
14 at the Rockland Psychiatric Children's
15 Hospital, Shields works diligently to inform
16 senior citizens about the various scams
17 perpetrated on the elderly and counsels
18 seniors on the protection of their property
19 and finances;
20 Timothy Finn is a tireless
21 advocate for the needs and protections of
22 senior citizens. Since his retirement from
23 the New York City Police Department, he has
24 dedicated his dynamic and industrious efforts
25 to lobbying actively and advising on
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1 legislative matters affecting seniors on the
2 local, state and national levels;
3 As an active member of the
4 American Association of Retired Persons, AARP,
5 Timothy Finn has become a national
6 spokesperson on health and economic issues
7 affecting senior citizens, including health
8 care, social security, consumer protection,
9 retirement packages and tax and other policies
10 affecting pension recipients. He was also
11 instrumental in improving and publicizing the
12 EPIC prescription drug program for senior
13 citizens;
14 In addition to his service as
15 chairman of the AARP Committee on Pensions and
16 New York State's AARP Legislative chair and
17 national spokesperson, Timothy Finn is a New
18 York Veteran Police Association's
19 vice-president and legislative chairman; chair
20 of the Executive Committee of the Rockland
21 County Health Care Coalition and a member of
22 the Orangetown Senior Citizen Advisory
23 Committee, Rockland County Senior Advisory
24 Committee and the New York State Advisory
25 Committee on the Aged and the Senate
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1 Commission to Restructure Services for the
2 Aging;
3 WHEREAS, through all these
4 endeavors, Timothy Finn has demonstrated
5 unflagging commitment to the improvement of
6 the quality of life of our state and nation's
7 senior citizens and the enhancement of human
8 dignity;
9 NOW, THEREFORE, BE IT RESOLVED
10 that this legislative body pause in its
11 deliberations to most joyously recognize the
12 significance of Timothy P. Finn's
13 contributions with its 1998 Senior Citizen of
14 the Year Award; and
15 BE IT FURTHER RESOLVED that a
16 copy of this resolution, suitably engrossed,
17 be transmitted to Timothy P. Finn.
18 ACTING PRESIDENT MARCELLINO:
19 Question is on the resolution. All in favor
20 signify by saying aye.
21 (Response of "Aye.")
22 Opposed nay.
23 (There was no response. )
24 Senator Holland to explain his
25 vote. Can we have some order in the chamber,
2972
1 please. Please!
2 Senator Holland.
3 SENATOR HOLLAND: Mr.
4 President, I am extremely pleased to announce
5 that New York State's Senior Citizen of the
6 Year for 1998 is my Rockland County neighbor
7 Tim Finn.
8 Tim has some -- Tim Finn has
9 been active in Rockland County as a volunteer
10 since 1966 when he moved to Rockland and
11 founded the Shields which today is the
12 county's largest fraternal organization of law
13 enforcement officers. For many years Tim and
14 the Shields sponsored a Christmas party for
15 children at the Rockland County Psychiatric
16 Center. Upon his retirement as a decorated
17 New York City police officer, Tim decided to
18 put his numerous abilities to work on behalf
19 of retirees and senior citizens.
20 He served as a special
21 assistant to Senate Minority Leader Manny
22 Ohrenstein and joined the American Association
23 of Retired Persons where he rose to the
24 position of president and legislative
25 chairperson representing AARP's members before
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1 state and national lawmakers.
2 Many of us here like to think
3 we shape public policy. However, it is the
4 people like Tim Finn who drive successful
5 grass root campaigns to make new laws, change
6 outdated ones and get rid of laws that are
7 burdensome or just plain ineffective.
8 His efforts over the years on
9 the local, state and national level have
10 included working for pension increases for
11 retirees he represented, helping protect
12 social security benefits from unnecessary
13 taxes, supporting more effective Medicaid
14 legislation and helping more of New York
15 State's seniors become eligible for the
16 state's low cost prescription drug program
17 known as EPIC.
18 In our roles as policymakers
19 and elected officials, we aim to make the
20 quality of life here one that will allow our
21 older residents to continue to make New York
22 their home long after retirement. With his
23 conscience and his commitments as his guide,
24 Tim has helped make New York a more
25 compassionate and comfortable home for our
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1 seniors.
2 Tim has been recognized many
3 times before for his dedication to improving
4 the lives of our senior citizens, most
5 recently as Rockland County's Senior Citizen
6 of the Year. Today's award, which coincides
7 with the celebration of Senior Citizens Day is
8 the culmination of years of hard work and
9 numerous achievements on behalf of the state's
10 more than 2 million seniors, and I ask that
11 everyone in the room join with me here today
12 to welcome Peggy, his wife, Tim Jr., his son,
13 and Tim Finn, the Senior Citizen of the Year
14 for New York State.
15 Tim, would you please stand
16 up.
17 (Applause)
18 ACTING PRESIDENT MARCELLINO:
19 Mr. Finn, on behalf of the chamber, we welcome
20 you and congratulate you on your award and in
21 spite of Senator Holland's speech, it was
22 passed unanimously.
23 The Chair recognizes Senator
24 I believe it's Senator Bruno.
25 Senator Bruno.
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1 SENATOR BRUNO: Mr. President,
2 can we at this time take up Calendar Number
3 670.
4 ACTING PRESIDENT MARCELLINO:
5 Yes, Senator, the Secretary will read Calendar
6 Number 670.
7 THE SECRETARY: Calendar Number
8 670, by member of the Assembly McEneny,
9 Assembly Print 9999-A, an act to amend the
10 Public Authorities Law, the Public Buildings
11 Law, Transportation Law, the Environmental
12 Conservation Law, in relation to the financing
13 and construction of certain facilities.
14 ACTING PRESIDENT MARCELLINO:
15 Read the last section.
16 Senator Bruno.
17 SENATOR BRUNO: Yeah. Mr.
18 President, on the bill.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Bruno, on the bill.
21 SENATOR BRUNO: I would just
22 like to acknowledge that this bill before us
23 is the so-called "Albany Plan", and this is
24 the Albany Plan that we passed, I believe,
25 last year, some changes. The Assembly has
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1 changed -- has passed it and with our passage
2 it will go on to the Governor and the
3 Governor, of course, has been very, very
4 supportive in initiating the activity here and
5 it will become law, and what it will mean for
6 the city of Albany which is the capital of New
7 York State, as we all know, is about $245
8 million worth of construction, hundreds of
9 jobs, maybe thousands of jobs in the
10 construction phase, and most important, state
11 employees have been working in conditions that
12 have been unsafe, unhealthy in many respects.
13 This will help correct that.
14 There are two buildings
15 involved. There are renovations to two other
16 buildings, the Alfred E. Smith Building and
17 the DEC building on Wolf Road. There will be
18 a 24- to 2600-slot parking garage, all part of
19 this plan, and we expect that the entire
20 Capital Region will benefit from the activity
21 that will take place during construction and
22 all of the employees that live in the Capital
23 Region and travel in from other parts of the
24 state, as well as visitors will have
25 facilities that are commensurate with the
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1 Empire State.
2 Mayor Jennings is here from
3 Albany, who has been in the forefront of
4 helping make things happen in partners with
5 our great Governor, George Pataki. So I am
6 proud to speak on behalf of the implementation
7 and passage of the Albany Plan.
8 Thank you, Mr. President.
9 ACTING PRESIDENT MARCELLINO:
10 Read the last section.
11 THE SECRETARY: Section 9.
12 This act shall take effect immediately.
13 ACTING PRESIDENT MARCELLINO:
14 Senator, I'm sorry.
15 SENATOR FARLEY: I'll explain
16 my vote.
17 ACTING PRESIDENT MARCELLINO:
18 O.K. Call the roll.
19 (The Secretary called the
20 roll. )
21 ACTING PRESIDENT MARCELLINO:
22 Senator Farley, you want to explain your
23 vote?
24 SENATOR FARLEY: Just to
25 explain my vote.
2978
1 I'm pleased to support this
2 piece of legislation as being part of the
3 Capital Region, as Senator Bruno is. We are
4 -- many of my constituents, and so forth,
5 have to come to Albany to work, and so forth,
6 but we are all one Capital Region, and I know
7 how committed the Governor is to Schenectady
8 and I know how committed this Legislature is
9 to helping the Schenectady area and, with that
10 in mind, I would like to support this
11 legislation and vote aye.
12 ACTING PRESIDENT MARCELLINO:
13 Thank you, Senator.
14 Senator Breslin, to explain his
15 vote.
16 SENATOR BRESLIN: Thank you,
17 Mr. President.
18 I rise to commend Senator
19 Bruno, my Senate colleagues, the Assembly and
20 the Governor for coming together on such an
21 important piece of legislation for the city
22 and county of Albany, my district.
23 It will bring, as Senator Bruno
24 said, $240 million worth of construction but
25 much more important, better working conditions
2979
1 and a more cohesive Capital District, and I
2 commend you, Senator Bruno.
3 ACTING PRESIDENT MARCELLINO:
4 Thank you, Senator.
5 Announce the results, please.
6 THE SECRETARY: Ayes 50.
7 ACTING PRESIDENT MARCELLINO:
8 The bill is passed.
9 Senator Johnson, should we
10 return to the Resolution Calendar.
11 SENATOR JOHNSON: Yes, Mr.
12 President.
13 ACTING PRESIDENT MARCELLINO:
14 The Secretary will read.
15 SENATOR JOHNSON: Please have
16 Resolution Number 3327, by Senator Saland,
17 read in its entirety and move its immediate
18 adoption.
19 ACTING PRESIDENT MARCELLINO:
20 Thank you, Senator Johnson. Secretary will
21 read.
22 THE SECRETARY: By Senator
23 Saland, Legislative Resolution congratulating
24 Edmund Newhard upon the occasion of his
25 selection as the New York State 1998
2980
1 Outstanding Contribution by a Senior Citizen
2 Award.
3 WHEREAS, in conjunction with
4 the celebration of May 5th, 1998 as Senior
5 Citizen Day in the state of New York, the
6 Senate Committee on Aging and the Assembly
7 Standing Committee for the Aging have
8 solicited and received numerous nominations
9 for the Outstanding Contribution by a Senior
10 Citizen Award from various counties of the
11 state;
12 This award honors a senior
13 citizen who has made a positive and beneficial
14 contribution to the senior citizens of his
15 community. After careful consideration the
16 representatives of both committees have chosen
17 a nominee they believe exemplifies the
18 qualities that benefit the noble appellation
19 and is, therefore, deserving of this honorable
20 recognition;
21 Edmund Newhard, of Hopewell
22 Junction, Dutchess County, New York, has over
23 the course of many years contributed to the
24 quality of life in his community for citizens
25 of all ages and truly merits recognition as
2981
1 the recipient of the New York State's 1998
2 Outstanding Contribution by a Senior Citizen
3 Award;
4 Edmund Newhard served the
5 United States in World War II as a combat
6 aerial photographer. He was shot down in the
7 Pacific, parachuted out and landed behind
8 enemy lines. Local residents guided him to
9 safety and he promptly returned to active
10 duty. He has been on active duty for his
11 community ever since;
12 For 30 years, Edmund Newhard
13 has been a member of the East Fishkill town
14 planning board. He has spent countless
15 volunteer hours helping to guide the growth of
16 his community with his knowledge and
17 expertise;
18 Edmund Newhard is a landscape
19 architect who donated his services to
20 landscape the new East Fishkill Community
21 Center where community members congregate and
22 socialize. He has also arranged for East
23 Fishkill Rotary, of which he is past
24 president, to donate the beautiful trees that
25 line the outside of the Center. The Dutchess
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1 County Office for the Aging Senior Nutrition
2 Site and the Dutchess County Association for
3 Senior Citizens Drop-in Center are located in
4 this important community facility;
5 Edmund Newhard also helped
6 organize the Rotary-sponsored Internet Club at
7 John Jay High School. He has been honored
8 with the 1997 Rotarian of the Year Award and
9 he was named Dutchess County Senior Citizen of
10 the Year for 1997 by the Dutchess County
11 Office for the Aging Advisory Council;
12 Edmund Newhard's widespread
13 good works are emblematic of the millions of
14 hours of volunteer work performed by many of
15 New York's more than 3 million senior
16 citizens, volunteer work that keeps the fabric
17 of American communities strong;
18 With commitment to the
19 treasured principles of social
20 responsibilities, ideals so clearly evident in
21 his daily efforts and actions, Edmund Newhard
22 has labored to preserve, to enhance and to
23 further the uniquely American tradition of
24 joining together for the common good;
25 WHEREAS, throughout his
2983
1 involvement as an active and contributing
2 member of his community, Edmund Newhard has
3 combined tireless commitment with intelligence
4 and leadership to improve and beautify his
5 community;
6 NOW, THEREFORE, BE IT RESOLVED
7 that this legislative body pause in its
8 deliberations to most joyously congratulate
9 Edmund Newhard upon the occasion of his
10 selection as a recipient of the 1998 New York
11 State Outstanding Contribution by a Senior
12 Citizen Award; and
13 BE IT FURTHER RESOLVED that a
14 copy of this resolution, suitably engrossed,
15 be transmitted to Edmund Newhard.
16 ACTING PRESIDENT MARCELLINO:
17 Question is on the resolution. All in favor
18 signify by saying aye.
19 (Response of "Aye.")
20 Opposed nay.
21 (There was no response. )
22 Senator Saland, you wish to
23 explain your vote?
24 SENATOR SALAND: Thank you, Mr.
25 President.
2984
1 Mr. President, it is a distinct
2 pleasure and privilege for me to arise on
3 behalf of Mr. Newhard's award today, his
4 recognition today.
5 Mr. Newhard, as you've heard at
6 length during the course of the reading of the
7 resolution, is a man who has served not merely
8 his country with great honor but he has served
9 his community time and again in many different
10 capacities with equally great honor.
11 It's interesting that, oh, some
12 of 150 years or so ago, Alexis deToqueville
13 talked at great length and wrote at great
14 length about the uniquely American
15 characteristic of volunteerism, something
16 which was not really present and probably to
17 this day is not as present as anywhere else
18 but in this nation, and Mr. -- and Mr.
19 Newhard, by his efforts, has time and again
20 shown his willingness, whether it's in
21 services of some 30 years as a member of the
22 East Fishkill planning board, of a service
23 which as I'm sure many of us in government are
24 aware, the service which is performed as a
25 volunteer, is not a salaried position; whether
2985
1 it's commitment to service for the social
2 organizations, the service organizations, he
3 has been truly an outstanding member of his
4 community and I'm sure I speak for everybody
5 in this chamber when today I, on behalf of
6 this chamber and on behalf of all of those who
7 participated in the process that selected Mr.
8 Newhard, commend him for being chosen as New
9 York State -- New York State's Outstanding
10 Contribution by a Senior.
11 Congratulations. I wish
12 nothing but more good things for you, and East
13 Fishkill and Dutchess County is very fortunate
14 to have you within its midst.
15 Thank you very much.
16 I'd like to ask, with the
17 President's permission, that Mr. Newhard be
18 recognized. He's seated in front of the
19 chamber. He's been joined by John Beal who is
20 the director of the Office of the Aging in
21 Dutchess County and, with your courtesy, Mr.
22 President, I would welcome that you recognize
23 him.
24 ACTING PRESIDENT MARCELLINO:
25 Senator Saland, we'll do that, glad to do
2986
1 that.
2 Mr. Newhard, we welcome you and
3 salute you for your endeavors and your work
4 and be well. Godspeed!
5 (Applause).
6 Senator Maziarz, I have Senator
7 Farley's permission to recognize you.
8 SENATOR MAZIARZ: Thank you.
9 Thank you very much, Mr. President.
10 I just, as chair of the Senate
11 Aging Committee, I want to recognize my
12 counterpart who assisted us greatly today in
13 recognizing these two outstanding New York
14 seniors, Assemblywoman Barbara Clark, chair of
15 the Assembly Aging Committee.
16 Assemblywoman Clark and I were
17 honored to have lunch this afternoon at the
18 Governor's Mansion with both of our
19 outstanding seniors and also several other
20 seniors who have been doing some great work
21 throughout the various counties in New York
22 State, and I want to join my colleagues,
23 Senator Holland, Senator Saland, in
24 particularly congratulating Tim Finn and Ed
25 Newhard for their contributions to the
2987
1 Rockland County seniors and to the Dutchess
2 County seniors, and this brings to a close
3 their rather hectic day.
4 Mr. President, I said to both
5 of them early this morning that this would be
6 a day of picture taking, proclamations, pats
7 on the back and a whole lot of eating, and we
8 have done all three, Mr. President.
9 Thank you very much.
10 ACTING PRESIDENT MARCELLINO:
11 And on behalf of Senator Saland, we would like
12 to open the resolution. Anyone -- we'll put
13 the entire chamber on the resolution honoring
14 the gentleman unless someone indicates
15 otherwise.
16 Senator Johnson, that completes
17 the Resolution Calendar.
18 SENATOR JOHNSON: Thank you,
19 Mr. President.
20 At this time, may we please
21 have the reading of the non-controversial
22 calendar.
23 ACTING PRESIDENT MARCELLINO:
24 Secretary will read the non-controversial
25 calendar.
2988
1 THE SECRETARY: Calendar Number
2 111, by Senator Velella, Senate Print 5107, an
3 act to amend the Public Authorities Law, in
4 relation to increasing the monetary value.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 2.
8 This act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the
12 roll. )
13 THE SECRETARY: Ayes 51.
14 ACTING PRESIDENT MARCELLINO:
15 The bill is passed.
16 THE SECRETARY: Calendar Number
17 273, by Senator Padavan, Senate Print 2202, an
18 act to amend the General Municipal Law, in
19 relation to reporting.
20 SENATOR PATERSON: Lay it
21 aside.
22 ACTING PRESIDENT MARCELLINO:
23 Lay the bill aside.
24 THE SECRETARY: Calendar Number
25 319, by Senator Padavan, Senate Print 2210, an
2989
1 act to amend the Executive Law, in relation to
2 cooperation between police agencies.
3 SENATOR PATERSON: Lay it
4 aside.
5 ACTING PRESIDENT MARCELLINO:
6 Lay the bill aside.
7 THE SECRETARY: Calendar Number
8 338, by Senator DeFrancisco, Senate Print
9 4117, an act to amend the Navigation Law.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 2.
13 This act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the
17 roll. )
18 THE SECRETARY: Ayes 51.
19 ACTING PRESIDENT MARCELLINO:
20 The bill is passed.
21 THE SECRETARY: Calendar Number
22 361, by Senator Saland, Senate Print 665, an
23 act to amend the Criminal Procedure Law, the
24 Family Court Act and the Penal Law.
25 ACTING PRESIDENT MARCELLINO:
2990
1 Read the last
2 THE SECRETARY: Section 8.
3 This act shall take effect immediately.
4 SENATOR PATERSON: Lay aside.
5 ACTING PRESIDENT MARCELLINO:
6 Lay the bill aside, please.
7 THE SECRETARY: Calendar Number
8 448, by member of the Assembly Sanders,
9 Assembly Print 925, an act to amend the Labor
10 Law, in relation to restoring.
11 ACTING PRESIDENT MARCELLINO:
12 Read the last section.
13 THE SECRETARY: Section 2.
14 This act shall take effect immediately.
15 ACTING PRESIDENT MARCELLINO:
16 Call the roll.
17 (The Secretary called the
18 roll.)
19 THE SECRETARY: Ayes 51.
20 ACTING PRESIDENT MARCELLINO:
21 The bill is passed.
22 THE SECRETARY: Calendar Number
23 459, by Senator Padavan, Senate Print 2011, an
24 act to amend the Penal Law, in relation to
25 making citizenship document fraud.
2991
1 ACTING PRESIDENT MARCELLINO:
2 Read the last section.
3 THE SECRETARY: Section 2.
4 This act shall take effect on the first day of
5 November.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the
9 roll. )
10 THE SECRETARY: Ayes.
11 ACTING PRESIDENT MARCELLINO:
12 The bill is passed.
13 THE SECRETARY: Calendar Number
14 461, by Senator Padavan, Senate Print 2223, an
15 act to amend the Penal Law, in relation to
16 making unlawful immigration a Class C felony.
17 SENATOR PATERSON: Lay aside.
18 ACTING PRESIDENT MARCELLINO:
19 Lay the bill aside.
20 THE SECRETARY: Calendar Number
21 471, by member of the Assembly Hill, Assembly
22 Print 21-A, an act authorizing the county of
23 Nassau.
24 SENATOR DOLLINGER: Lay the
25 bill aside.
2992
1 ACTING PRESIDENT MARCELLINO:
2 Lay the bill aside, please.
3 THE SECRETARY: Calendar Number
4 542, by Senator LaValle, Senate Print 1295, an
5 act to amend the General Municipal Law, in
6 relation to creating the town of Southampton.
7 ACTING PRESIDENT MARCELLINO:
8 You have a home rule message at the desk.
9 Read the last section.
10 THE SECRETARY: Section 2.
11 This act shall take effect immediately.
12 ACTING PRESIDENT MARCELLINO:
13 Call the roll.
14 (The Secretary called the
15 roll. )
16 THE SECRETARY: Ayes 52, nays
17 one, Senator Leichter recorded in the
18 negative.
19 ACTING PRESIDENT MARCELLINO:
20 The bill is passed.
21 THE SECRETARY: Calendar Number
22 553, by Senator Rath, Senate Print 4408-A, an
23 act to amend the General Municipal Law, the
24 Public Housing Law and the State Finance Law.
25 SENATOR PATERSON: Lay aside.
2993
1 ACTING PRESIDENT MARCELLINO:
2 Lay the bill aside, please.
3 THE SECRETARY: Calendar Number
4 586, by Senator Goodman, Senate Print 5209-A,
5 an act to amend the Tax Law and the
6 Administrative Code of the city of New York.
7 ACTING PRESIDENT MARCELLINO:
8 Read the last section.
9 THE SECRETARY: Section 4.
10 This act shall take effect immediately.
11 ACTING PRESIDENT MARCELLINO:
12 Call the roll.
13 (The Secretary called the
14 roll.)
15 THE SECRETARY: Ayes 53.
16 ACTING PRESIDENT MARCELLINO:
17 The bill is passed.
18 Senator Johnson, that completes
19 the reading of the non-controversial
20 calendar.
21 SENATOR JOHNSON: Thank you,
22 Mr. President.
23 At this time, I'd ask that we
24 now return to the controversial calendar and
25 read that controversial calendar.
2994
1 ACTING PRESIDENT MARCELLINO:
2 Secretary will read the non-controversial
3 calendar, beginning with Calendar Number 273.
4 THE SECRETARY: Calendar Number
5 273, by Senator Padavan, Senate Print 2202, an
6 act to amend the General Municipal Law, in
7 relation to reporting information.
8 ACTING PRESIDENT MARCELLINO:
9 Read the last section.
10 SENATOR DOLLINGER:
11 Explanation.
12 ACTING PRESIDENT MARCELLINO:
13 Excuse me.
14 SENATOR DOLLINGER:
15 Explanation.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Padavan, an explanation has been
18 requested.
19 SENATOR PADAVAN: Yes, Mr.
20 President.
21 This bill very simply prohibits
22 the establishment of any local law, rule or
23 regulation that would preclude the
24 notification of INS when an individual has (a)
25 broken a law and is to be in violation of
2995
1 federal immigration laws.
2 ACTING PRESIDENT MARCELLINO:
3 Read the last section.
4 THE SECRETARY: Section 2.
5 This act shall take effect immediately.
6 ACTING PRESIDENT MARCELLINO:
7 Call the roll.
8 (The Secretary called the
9 roll. )
10 ACTING PRESIDENT MARCELLINO:
11 Announce the results, please.
12 THE SECRETARY: Those recorded
13 in the negative on Calendar Number 273 are
14 Senators Abate, Connor, Dollinger, Gentile,
15 Leichter, Markowitz, Mendez, Montgomery,
16 Paterson, Rosado, Smith and Stavisky. Ayes
17 42, nays 12.
18 ACTING PRESIDENT MARCELLINO:
19 The bill is passed.
20 Secretary will read.
21 THE SECRETARY: Calendar Number
22 319, by Senator Padavan, Senate Print 2210, an
23 act to amend the Executive Law, in relation to
24 cooperation between police agencies.
25 SENATOR PATERSON: Explanation.
2996
1 ACTING PRESIDENT MARCELLINO:
2 Senator Padavan, an explanation has been
3 requested.
4 SENATOR PADAVAN: Yes, Mr.
5 President.
6 This bill requires that there
7 be cooperation between police agencies and the
8 United States Immigration and Naturalization
9 Service for any person who is arrested under
10 state law and who is reasonably suspected of
11 being an illegal alien.
12 Yes?
13 ACTING PRESIDENT MARCELLINO:
14 Senator Padavan, you have a question?
15 SENATOR PADAVAN: Senator
16 Paterson has the question.
17 ACTING PRESIDENT MARCELLINO:
18 I'm sorry. Senator Paterson.
19 SENATOR PADAVAN: Hopefully
20 I'll have the answer.
21 SENATOR PATERSON: Senator
22 Padavan, in the July 19th decision of a
23 federal court in Manhattan, of 1997, last
24 year, your first piece of legislation which is
25 Calendar Number 273 would basically be
2997
1 sustained by that decision. Mayor Giuliani
2 has appealed it, and I hope that his appeal is
3 successful, but certainly your desire to make
4 that state law is quite understandable.
5 However, in the same decision
6 there is dicta in that case that says while
7 the -- while the municipality cannot compel
8 the agencies not to report illegal aliens, it
9 also makes just as clear that we cannot compel
10 the agencies to report this information; so
11 while your first piece of legislation is quite
12 on point and we're hoping that it's reversed
13 on appeal, I'd like to ask you how you
14 synthesize that with the bill that's before us
15 right now.
16 SENATOR PADAVAN: First, your
17 statement is dicta and not the core of that
18 decision. I justify this bill on a very
19 simple basis, and it need not relate to
20 anybody's knowledge of the law. It's just
21 common sense.
22 If someone's arrested and you
23 find in his possession forged documents, and
24 we know this happens because we read about it,
25 wholesale sale of forged drivers' licenses as
2998
1 an example. If someone is in possession of
2 such forged documents and the local law
3 enforcement agency reasonably presumes that
4 that person is an illegal immigrant that they
5 contact INS.
6 We cooperate with federal
7 agencies all the time, the F.B.I., other
8 federal agencies involved in one area of law
9 enforcement or the other, the Treasury
10 Department and so on. It is seemingly logical
11 that in a situation where someone's been
12 arrested, and I emphasize that point, the
13 arrest is inexorably tied together with the
14 contact of INS.
15 The decision you referred to
16 dealt with Executive Order 124 and, as you
17 properly pointed out, and we obviously have
18 been dealing with this legislation over a
19 number of years in an attempt to overrule
20 124. Now, presumably the federal courts will
21 do it for us, but that case did not deal with
22 this particular issue.
23 SENATOR PATERSON: Thank you,
24 Mr. President.
25 If Senator Padavan would
2999
1 continue to yield.
2 SENATOR PADAVAN: Yes.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Padavan, do you continue to yield?
5 SENATOR PADAVAN: Yes.
6 ACTING PRESIDENT MARCELLINO:
7 He yields, Senator.
8 SENATOR PATERSON: Well,
9 Senator, they don't type in the court
10 decisions with a different color for dicta as
11 opposed to what's substantive, and I would
12 suggest that that's really your assumption
13 that that is dicta and not actually part of
14 the mandate of the court decision, but my
15 question to you is that, when looking at the
16 scenario that you described where the police
17 make an arrest and there are forged documents,
18 what is the intervening cause that takes this
19 from a situation where a person is concealing
20 their identity or engaging in some kind of
21 forgery or something even more unlawful, what
22 makes the arresting entity know that this is
23 related to immigration?
24 SENATOR PADAVAN: Well, if you
25 have read the bill, there are some stipulated
3000
1 conditions or attempts. First you find out if
2 he is a citizen, someone who is here as a
3 permanent resident, an alien lawfully
4 admitted, an alien lawfully admitted for a
5 temporary period of time which may have been
6 over-stayed, a person who is otherwise
7 authorized under federal law to be present, an
8 alien who is present in the United States in
9 violation of federal immigration laws.
10 The verification process may
11 include but shall not be limited to
12 questioning the person regarding his place and
13 date of birth and entry into the United States
14 and requesting to see documentation indicating
15 his legal status, and so on and so on. It's
16 all specified in the bill.
17 SENATOR PATERSON: Thank you,
18 Mr. President. Thank you, Senator Padavan.
19 Mr. President, on the bill.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Paterson, on the bill.
22 SENATOR PATERSON: I still, in
23 spite of the conditions that are laid out in
24 Senator Padavan's bill, see a great leap of
25 faith that becomes the catalyst for
3001
1 determining whether or not an individual may
2 be an illegal alien. Unfortunately, there are
3 many Americans, and it's unfortunate for this
4 bill; it's rather fortunate for this country,
5 who are of diverse backgrounds and would
6 display different characteristics that, unfor
7 tunately to some would still cause individuals
8 to err in the direction of making the
9 assumption that these individuals are not
10 citizens, that they are not Americans, that
11 they are not people who are in many cases born
12 and bred right here in this country.
13 It's that leap of faith that we
14 are concerned about as we vote against this
15 piece of legislation. Senator Padavan wants
16 to compel agencies to go forward in these
17 situations, which is really in contradiction
18 to a court decision that actually affirms his
19 point of view about municipalities issuing
20 executive orders mandating that there not be
21 this type of investigation, but the fact
22 remains that this part of the court decision,
23 in spite of the fact that Senator Padavan
24 isn't in agreement with it and doesn't think
25 it's relevant, still was written and it was
3002
1 written for the purpose of trying to clear
2 this area up, and what it really connotes is
3 the fact that while we don't want to restrict
4 any reporting of this type of situation, this
5 scenario where we may be actually -- where we
6 may actually have the responsibility, we don't
7 want to compel the agency -- we don't want the
8 agency to start engaging in such a speculative
9 and subjective test for what constitutes
10 citizenship that we are causing people, most
11 of whom may be citizens, an unreasonable
12 harassment by constantly causing them to
13 reaffirm the citizenship to the country in
14 which they were born and grew up.
15 SENATOR PADAVAN: Mr.
16 President.
17 ACTING PRESIDENT MARCELLINO:
18 Senator Padavan.
19 SENATOR PADAVAN: First, I
20 would say to Senator Paterson that faith moves
21 mountains. In this case, it isn't moving you
22 but we're going to try again.
23 What Senator Paterson fails to
24 note in referring to that court decision, this
25 bill deals with someone who is arrested,
3003
1 Senator, someone who is arrested. The court
2 decision that you refer to in the federal
3 court, by the way, does not relate to this
4 situation directly. There is conversation
5 that may imply to some degree but it does not
6 address the issue of someone who is arrested.
7 Now, we had a very terrible
8 situation a couple years ago of a young man
9 who was arrested for selling drugs. The
10 police department did not notify the court nor
11 the district attorney that this person was
12 presumed to be an illegal alien. The court
13 allowed that individual out on very low bail.
14 Two weeks later he shot and killed a police
15 officer.
16 Now, if this had been law at
17 that time, INS would have been notified as
18 would everyone else, that individual certainly
19 would not have been out on bail and that
20 police officer would be alive today.
21 Now, we are dealing with, I
22 think, a very specific area here. Senator
23 Paterson broadens it. We have over half a
24 million illegal aliens in the metropolitan New
25 York City area as reported by INS. Therefore,
3004
1 we're not dealing with an isolated very remote
2 potential situation. We're dealing with a
3 very real one, of one of those illegal aliens
4 being arrested for committing a crime, and if
5 you look at the 8,000 immigrants we have in
6 our state prisons, over half of them are
7 illegal aliens and most of them are arrested
8 for selling drugs; so again it is not a
9 hypothetical or rather vague presumption that
10 this situation exists, continues to exist, and
11 we ought to have the benefit of the statute to
12 enable us to deal with the problem.
13 ACTING PRESIDENT MARCELLINO:
14 Senator Paterson, why do you rise?
15 SENATOR PATERSON: Mr.
16 President, because I know Senator Padavan
17 would want me to rise.
18 ACTING PRESIDENT MARCELLINO:
19 Oh, I don't think so. Can we take that to a
20 vote?
21 SENATOR PATERSON: Mr.
22 President, the arrest of an individual in our
23 society, in spite of a serious offense, still
24 connotes a presumption of innocence until
25 proven guilty. At the point that an
3005
1 individual is arrested, we as a society
2 support that many rights and many privileges
3 are taken away from this person because they
4 are deemed to have an imminent or may be
5 presenting an imminent danger to other members
6 of society, but the fact that an individual is
7 arrested, is not necessarily an invitation to
8 now go into an examination of all of their
9 documents to determine whether or not they
10 have paid the Internal Revenue Service in the
11 last year, whether or not they are up to date
12 with all of their bills.
13 It really doesn't give us an
14 opportunity to examine necessarily their
15 citizenship rights just because the arresting
16 officer may get an inkling of a feeling that
17 this person is not a citizen, and so I think
18 that the court decision does have merit here
19 because the distinction that Senator Padavan
20 is drawing on its face sounds very forceful
21 because it -- it is responding to a situation
22 where the individual's arrested, but we have
23 people who are arrested for vehicular
24 violations. We have people now getting
25 arrested for jaywalking. We have people
3006
1 getting arrested for a number of violations
2 and misdemeanors that don't come close to the
3 kinds of problems they would have or at least
4 the threat to their faith in our society if we
5 extend it to going through an entire perusal
6 of their citizenship rights.
7 So I would just continue to
8 maintain that this legislation be defeated on
9 the grounds that it really causes too many
10 Americans, people who Senator Padavan is not
11 necessarily looking for, to be placed in the
12 position where innuendo and suspicion and
13 often bias and all kinds of situations that
14 those individuals are all too familiar with
15 are repeated in a -- in what is really a hunt
16 for illegal aliens at the expense of too many
17 citizens.
18 SENATOR WALDON: Mr.
19 President.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Waldon.
22 SENATOR WALDON: Were you about
23 to ask for a vote?
24 ACTING PRESIDENT MARCELLINO:
25 Yes, I was, Senator.
3007
1 SENATOR WALDON: On the bill.
2 ACTING PRESIDENT MARCELLINO:
3 Was going to ask that the last section be
4 read.
5 Senator Leichter, you rise
6 also. Senator Waldon was going to explain his
7 vote. Would you like to do that as well?
8 SENATOR LEICHTER: No, I want to
9 be heard on the bill.
10 ACTING PRESIDENT MARCELLINO:
11 Senator Leichter, if you didn't mind.
12 SENATOR LEICHTER: If Senator
13 Padavan would yield, please.
14 ACTING PRESIDENT MARCELLINO:
15 Senator Padavan, you yield to Senator
16 Leichter.
17 SENATOR PADAVAN: Yes.
18 ACTING PRESIDENT MARCELLINO: He
19 yields, Senator.
20 SENATOR LEICHTER: Senator,
21 there are certain provisions of the bill that
22 give me some pause for thought. One is where
23 you authorize the police official to engage in
24 what you call a verification process and to
25 request to see certain documentation as well
3008
1 as asking questions regarding place and date
2 of birth and entry into the United States.
3 My question is, when those
4 questions are totally unrelated to the reason
5 for the arrest, have you looked into whether
6 that's constitutional, both under the U.S.
7 Constitution and the New York State
8 Constitution?
9 SENATOR PADAVAN: Yes, it is.
10 Senator, I've never been arrested. I presume
11 you haven't either, but normally when someone
12 is arrested, these are standard questions,
13 name, birth, address. I mean these are things
14 that are normally asked aside from this
15 legislation, place of birth, who are you, you
16 know, that -- and frequently that information
17 is put through a computerized system on a
18 national basis if there's a federal warrant or
19 something out on that individual. This
20 happens every day.
21 SENATOR LEICHTER: Through you,
22 Mr. President.
23 ACTING PRESIDENT MARCELLINO:
24 Senator, do you continue to yield?
25 SENATOR LEICHTER: Senator, the
3009
1 information
2 ACTING PRESIDENT MARCELLINO:
3 He does.
4 SENATOR LEICHTER: -- that you
5 seek and authorize under this bill is not
6 standard information. You add entry into the
7 United States. That is not commonly asked or
8 asked at all of people who have been
9 arrested. You can certainly ask, Who are you,
10 where do you live? You may ask date of birth.
11 You can ask questions that are related to the
12 alleged crime, but you can't, at least as far
13 as I know, at least you don't ask when were
14 you admitted in the United States and I
15 request to see documentation indicating legal
16 status. Those are really the two things that
17 I'm referring to and that I question.
18 I'm not sure of the answer, but
19 I have some doubts as to whether or not that's
20 legal or within the province of a New York law
21 enforcement official because, as you and I
22 well know, the enforcement of the Immigration
23 Law is reserved by the U. S. Constitution to
24 the federal government.
25 SENATOR PADAVAN: If someone,
3010
1 when asked name, address, date of birth, place
2 of birth says, I was born in Colombia, you
3 say, Well, are you in this country legally?
4 Tell us how. That's not unconstitutional.
5 SENATOR LEICHTER: I -- I don't
6 know, Senator. I -- I don't know, Senator. I
7 wish I could just say, Well, Senator Padavan
8 says it's constitutional, it must be
9 constitutional. I think it really raises a
10 question, and I think it would be one thing if
11 your bill provided that where there was
12 information that the person was not legally in
13 the United States that that information be
14 transmitted to the Immigration Service, but
15 that's not what you do. You go beyond that
16 and you empower New York State law enforcement
17 officials to -- in effect, you deputize them
18 as part of the Immigration Service to make
19 inquiries and to ask questions which certainly
20 are presently not being asked. I -- I think
21 that's a problem.
22 Let me ask you this other
23 question if you would be good enough to
24 yield.
25 ACTING PRESIDENT MARCELLINO:
3011
1 Senator Padavan, you continue to yield?
2 Senator continues to yield, Senator.
3 SENATOR LEICHTER: As I
4 understand it, the the law enforcement
5 official is to notify the Attorney General and
6 the U.S. Immigration Service, is that correct?
7 SENATOR PADAVAN: Yes.
8 SENATOR LEICHTER: Then, in
9 addition, the Attorney General is also
10 supposed to notify the U.S. Immigration
11 Service, is that correct?
12 SENATOR PADAVAN: Yes.
13 SENATOR LEICHTER: Why -- why,
14 since the law enforcement official is advising
15 the Immigration Service, do you also have the
16 Attorney General pass on that information?
17 SENATOR PADAVAN: I say,
18 Senator, on the presumption that the Attorney
19 General might have additional information that
20 would be pertinent.
21 SENATOR LEICHTER: Well, again
22 with all due respect, sir, and
23 ACTING PRESIDENT MARCELLINO:
24 Senator Padavan, do you continue to yield?
25 The Senator continues to yields, Senator.
3012
1 SENATOR PADAVAN: The Attorney
2 General is responsible for maintaining
3 complete and accurate records of such reports
4 and shall provide any additional information
5 that may be requested.
6 SENATOR LEICHTER: But not line
7 21, 22 says that the Attorney General shall
8 that report that was submitted by the law
9 enforcement official to the Attorney General,
10 that report shall be transmitted to the United
11 States Immigration and Naturalization
12 Service.
13 SENATOR PADAVAN: Correct, but
14 it's their -- it's their prerogative.
15 SENATOR LEICHTER: Let me ask
16 you
17 SENATOR PADAVAN: It's all part
18 of paragraph four, Senator. You want to take
19 one sentence away from the other, I think
20 that's inappropriate.
21 SENATOR LEICHTER: Well
22 SENATOR PADAVAN: The entire
23 paragraph should be read together.
24 SENATOR LEICHTER: Senator,
25 that's what we always do. I mean if you have
3013
1 one sentence that says that the report shall
2 be transmitted, you can't well qualify by
3 another sentence. I don't think it's of great
4 moment, but I think it -- it does lead to a
5 duplication.
6 What worries me most of all,
7 Senator, is paragraph 3, lines -- I'm sorry,
8 it's paragraph or subdivision (c). It's lines
9 13 and 14 which empowers the law enforcement
10 official not only to notify the United States
11 Immigration and Naturalization Service as well
12 as the Attorney General, but then you add some
13 language that I think could be very
14 meritricious which says, "*** and provide any
15 additional information that may be requested
16 by any other public entity," without in any
17 respect qualifying it to the matter of
18 immigration status. You seem to authorize any
19 public agency to ask information of that law
20 enforcement official or that law enforcement
21 official be free to provide any information to
22 any other public agency, totally unrelated to
23 immigration.
24 SENATOR PADAVAN: Give me an
25 example of a public agency that might seek
3014
1 information that would be undesirable.
2 SENATOR LEICHTER: Well, I
3 could -- yeah, I could see that
4 SENATOR PADAVAN: How about
5 Social Services, would that be undesirable?
6 SENATOR LEICHTER: It might
7 well be, absolutely.
8 SENATOR PADAVAN: I'd say if
9 that person is an illegal immigrant, it would
10 be very desirable.
11 SENATOR LEICHTER: But,
12 Senator, there hasn't been a determination
13 made that that person is an illegal
14 immigrant. That can only be made by the
15 Immigration Service. Why would you
16 authorize
17 SENATOR PADAVAN: Senator, may
18 I interrupt you?
19 SENATOR LEICHTER: Sure.
20 SENATOR PADAVAN: And I'd like
21 to read something to you that's federal law
22 which may answer some of your questions.
23 It's Section 132 involving
24 interior enforcement relevant to immigration
25 laws. "The Attorney General may enter into a
3015
1 written agreement with any state or any
2 political subdivision of a state pursuant to
3 which an officer or employee of the state or
4 subdivision who is determined by the Attorney
5 General to be qualified to perform a function
6 of immigration officer in relation to the
7 investigation, apprehension or detention of
8 aliens in the United States, including the
9 transportation of such aliens across state
10 lines into detention centers, may carry out
11 such function at the expense of the state or
12 the political subdivision and to the extent
13 consistent with state and local law."
14 What you have here is a very
15 firm federal statute authorizing. You said as
16 agent, I think your phrase was we'd become an
17 agent of the INS. Well, if you want to use
18 that term, you certainly have that
19 prerogative, but this federal law provides for
20 it, provides for direct cooperation between
21 the federal authorities and the state and/or
22 its local subdivisions in regard to illegal
23 aliens.
24 Now, it says here, "Further an
25 agreement under this subsection shall require
3016
1 that an officer or employee of a state or
2 political subdivision of a state performing a
3 function shall have knowledge of and adhere to
4 federal law." It goes on and on, pages here,
5 but it's very, very clear that we are
6 authorized by federal law to implement the
7 legislation that you find troubling.
8 SENATOR LEICHTER: Senator, I
9 can't believe, with all due respect, that you
10 would read that because that is such a strong
11 argument against this bill, and I would expect
12 Senator Paterson to read that section. That
13 section provides that the federal authorities
14 are authorized, subject to the procedures and
15 the approval of the Attorney General, to enter
16 into agreement with state officials.
17 No question that the federal
18 government can go to the New York City Police
19 Department and having assured itself that the
20 New York City Police Department is familiar
21 with federal rules, familiar with immigration
22 to, in limited areas, enact a cooperation
23 agreement, but that's not what your bill does
24 at all.
25 SENATOR PADAVAN: That's not
3017
1 true, Senator. You either didn't hear me or I
2 didn't make myself clear. The State Police
3 Department, by the way, cooperates fully as do
4 many other subdivisions of this state. Where
5 we have the problem primarily is within the
6 city of New York. This bill will, in effect,
7 push us in the direction that the federal law
8 provides for.
9 Your earlier question, Senator,
10 was is this constitutional. Well, my evidence
11 is that we have federal law which has not been
12 ruled unconstitutional.
13 SENATOR LEICHTER: No, no.
14 Senator, my point was that the federal
15 government, having preempted and through the
16 Constitution being authorized to engage in and
17 to enforce the immigration laws, that a state
18 cannot say we're going to start enforcing the
19 immigration laws absent the very thing that
20 you mention, which is where the federal
21 government enters into an agreement and
22 authorizes the state to do this.
23 Let me ask you, has the federal
24 government -- has the federal government
25 authorized the state of New York and the law
3018
1 enforcement agencies in the state of New York
2 to do the acts that your bill authorizes them
3 to do?
4 SENATOR PADAVAN: Yes.
5 SENATOR LEICHTER: It has?
6 SENATOR PADAVAN: Absolutely,
7 and what we're saying here is
8 SENATOR LEICHTER: Where is
9 that agreement?
10 SENATOR PADAVAN: Senator.
11 ACTING PRESIDENT MARCELLINO:
12 Excuse me, gentlemen. The Chair has been
13 willing to let the debate to go on to
14 enhance
15 SENATOR PADAVAN: My question
16 is, where is that agreement?
17 ACTING PRESIDENT MARCELLINO:
18 Senator, can the questions and answers come
19 through the Chair, please, so we can keep this
20 in order.
21 SENATOR PADAVAN: Yes. In
22 response to Senator Leichter's question
23 SENATOR LEICHTER: You're
24 right, Mr. President.
25 SENATOR PADAVAN: In response
3019
1 to Senator Leichter's question, the fact
2 remains that our State Police and many other
3 jurisdictions in this state do exactly that.
4 What we're trying to do, very
5 simply, is to motivate by re-emphasizing what
6 is already permitted, the cooperation that I
7 think serves everyone's best interests in this
8 state, and that's what this bill is all
9 about.
10 SENATOR LEICHTER: Okay.
11 SENATOR PADAVAN: I merely
12 quoted the state law -- the federal law so
13 that I would put your mind at rest when you
14 raised the question earlier, is it
15 constitutional for a state or its subdivision
16 to be in effect -- and I think this was your
17 phrase -- an agent of INS, and I hope I've put
18 that to rest. Maybe I've not convinced you of
19 the wisdom of this bill but that part of it to
20 me is very important and your question was
21 obviously asked sincerely and I'm giving you a
22 proper response.
23 SENATOR LEICHTER: Good. Mr.
24 President, I want to thank Senator Padavan,
25 but I must say that whenever we get into one
3020
1 of these debates and I hear the sponsor say,
2 Well, what we're trying to do -- you know, and
3 that's not the issue. The issue very often is
4 what your language says.
5 Senator, there's no question
6 that the federal government can under the law
7 or the regulation you just read authorize
8 agencies in New York State to help the
9 Immigration Service, but when I asked you,
10 where is the agreement they would authorize
11 every law enforcement agency in New York State
12 to do the acts that your bill does, you talk
13 about, Well, we have an agreement with the
14 State Police. First of all, without having
15 seen it but I would bet my last dollar, the
16 agreement between the State Police, the
17 Immigration Service, does not provide the
18 powers and the authority, that broad sweep
19 which your bill provides for.
20 Secondly, it certainly doesn't
21 cover the Hempstead Police Department. It
22 doesn't cover the Watertown Police
23 Department. There's no agreement between
24 them. So the fact of the matter is that I
25 think the question and the issue that I
3021
1 raised, can the state of New York on its own
2 decide that it's going to empower agencies
3 that have not entered into an agreement with
4 the Immigration Service to enforce the
5 immigration laws, can we do that, is that
6 are we authorized to do that? I have a
7 serious question.
8 I think certainly where we know
9 that a crime has been committed or we know
10 that somebody is here illegally, I think that
11 you're certainly authorized to pass that
12 information on to the Immigration Service, but
13 you don't do that. You go much further. You
14 empower New York State law enforcement
15 officials to pry into people's immigration
16 status and that, to my mind -- and I'm not
17 sure of the answer, I must tell you, but that
18 raises a constitutional question.
19 SENATOR PADAVAN: Mr.
20 President.
21 ACTING PRESIDENT MARCELLINO:
22 Senator Padavan.
23 SENATOR PADAVAN: Senator
24 Leichter asked the question, is there a
25 written agreement. What I said to him is, in
3022
1 effect, whether it's written or not, the State
2 Police and other law enforcement agencies in
3 this state are cooperating on a regular basis
4 with INS.
5 Now, beyond that point, I think
6 it's important for him to understand -- and I
7 will read the section of federal law that is
8 pertinent, "Nothing in this subsection shall
9 be construed to require an agreement under
10 this subsection in order for any officer or
11 employee of a state or political subdivision
12 of a state (a), to communicate with the
13 Attorney General regarding the immigration
14 status of any individual, including reporting
15 knowledge that a particular alien is not
16 lawfully present in the United States (b),
17 otherwise to cooperate with the Attorney
18 General in the identification, apprehension,
19 detention or removal of aliens not lawfully
20 present in the United States."
21 Now, what that says, very
22 directly -- it doesn't require any
23 interpretation -- is absent a written
24 agreement, the things that we are attempting
25 to motivate in this bill are permitted and not
3023
1 only permitted but encouraged by federal law.
2 SENATOR LEICHTER: Mr.
3 President, continuing my comments on the bill.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Leichter, on the bill.
6 SENATOR LEICHTER: Yeah.
7 Senator Paterson, those two sections you read
8 -- I'm sorry. Senator Padavan.
9 ACTING PRESIDENT MARCELLINO:
10 Seems to be a common error today.
11 SENATOR LEICHTER: I always
12 take my cue from you, Mr. President.
13 ACTING PRESIDENT MARCELLINO:
14 Thank you, Senator.
15 SENATOR LEICHTER: But, Senator
16 Padavan, what you just read is (a), the first
17 provision was exactly what I said, that any
18 law enforcement official, for that matter, any
19 citizen knowing that somebody is here
20 illegally is authorized to so inform the
21 Immigration Service. You and I have that
22 authority. We don't need any statute to give
23 us that power and (b), it just says to
24 cooperate with the Immigration Service.
25 That's fine. Everybody has that right and
3024
1 that authority, but what I'm concerned about
2 is your having officials of the state of New
3 York ask questions that right now they cannot
4 ask and maybe that even with this bill they
5 can't ask or shouldn't ask.
6 I am also concerned, as I
7 pointed out, Senator Paterson, a provision
8 that I just don't think makes any sense where
9 he says that law enforcement officials may
10 provide any additional information that may be
11 requested by any other public entity,
12 information that's totally unrelated to
13 immigration, information that maybe now police
14 departments cannot or should not pass on,
15 whether it's to a social service agency, the
16 Health Department. Why put that provision in
17 there? It's totally unnecessary or at the
18 very least -- at the very least, you ought to
19 say provide information relating to the
20 immigration status of the individual to any
21 agency that properly needs that information,
22 but the way you have it now, it's an
23 open-ended blank check to law enforcement
24 officials to pass on all sorts of information
25 to other agencies.
3025
1 Let me deal with the substance
2 of the bill, and I think -- Senator Padavan, I
3 think put it very well. There's no question
4 that we have a problem in this state and in
5 this country of a large number of illegal
6 immigrants. That is a matter that really
7 needs to be dealt with much more effectively
8 by the federal government and we understand
9 the problems considering the large boundary
10 shorelines that this nation -- nation has,
11 but there's certainly things that can be
12 done.
13 I think it's a question that we
14 have to ask ourselves, is -- should it be the
15 policy of the state of New York to actively
16 engage in the enforcement of the Immigration
17 Law, forgetting for a moment whether we have
18 the authority, assuming even that we have the
19 authority, is that something that we want our
20 law enforcement officials to do and one of the
21 consequences of giving them that authority,
22 that power considering not only all the other
23 responsibilities that they have but the
24 likelihood that this is going to intrude upon
25 people's privacy in a manner that hasn't been
3026
1 done to date, do you want to do that? I don't
2 think that you do.
3 I think that there are ways of
4 dealing with illegal immigration through the
5 federal government that we should support.
6 Maybe we should ask the federal government to
7 do more, but I don't think, one, the state of
8 New York should take on the enforcement of the
9 immigration laws, and secondly, I don't think
10 that we ought to get police officials in this
11 state to ask the sort of questions, to make
12 the sort of inquiries, to pass on the sort of
13 information that your bill provides.
14 I think that you're stepping
15 into an area where we shouldn't be. I think
16 we will be infringing on people's privacy. I
17 think we will be opening up a lot of problems
18 in relationships between police and people who
19 may have come from other countries or their
20 ance... or their ancestors have come from
21 other countries. I can see a great deal of
22 problems. As Senator Paterson said, biases
23 and prejudices are going to be shown. I just
24 don't think that we want to put that burden
25 and create that problem for our law
3027
1 enforcement officials.
2 ACTING PRESIDENT MARCELLINO:
3 Senator Waldon, please.
4 SENATOR WALDON: Would the
5 gentleman yield to a question?
6 ACTING PRESIDENT MARCELLINO:
7 Senator Padavan, do you yield?
8 SENATOR PADAVAN: Yes.
9 ACTING PRESIDENT MARCELLINO:
10 He yields, Senator.
11 SENATOR WALDON: Senator, do
12 you recall when we discussed the Police and
13 Public Protection Act here in this chamber,
14 this session, the part of that act which
15 allows police officers to stop people abroad
16 for merely a whim, not necessarily any act of
17 criminality which would provoke them to stop
18 the person?
19 SENATOR PADAVAN: No, I don't
20 recall it, Senator.
21 SENATOR WALDON: Okay. On the
22 bill, Mr. President.
23 ACTING PRESIDENT MARCELLINO:
24 Senator Waldon, on the bill.
25 SENATOR WALDON: Thank you, Mr.
3028
1 President. Thank you, Senator Padavan.
2 I recall that, and when I place
3 that in conjunction with what you've proposed
4 here today, it is ominous the potential impact
5 upon society but especially upon people of
6 color and people who are recently from foreign
7 lands; for example, the Caribbean, South
8 America, Africa, Asia. Those are the people
9 who will be stopped indiscriminately by
10 police, coupled with the rights and what
11 you're proposing today and if that other
12 proposal were law in the state, those in
13 conjunction create a pincer move on the rights
14 of people, a vice which would trap these
15 people in terms of the impact of the law.
16 I think this is un-American. I
17 think this is not what our society is all
18 about, nor should it be about, and so I
19 caution my colleagues to recognize that this
20 is very thin ice that we're skating upon, and
21 that if we're really concerned about the
22 rights of some of the people who happen to be
23 from foreign lands recently or who do not look
24 like most of us in this chamber, we cannot
25 abide this proposal, and I would encourage you
3029
1 to vote in the negative.
2 Thank you, Mr. President.
3 ACTING PRESIDENT MARCELLINO:
4 Senator Dollinger.
5 SENATOR DOLLINGER: Will
6 Senator Padavan yield for couple of questions?
7 ACTING PRESIDENT MARCELLINO:
8 Senator, do you yield to a couple of
9 questions?
10 SENATOR PADAVAN: Yes.
11 ACTING PRESIDENT MARCELLINO:
12 He yields, Senator Dollinger.
13 SENATOR DOLLINGER: The
14 Attorney General that's referenced in the
15 bill, is that the Attorney General of the
16 state of New York?
17 SENATOR PADAVAN: U.S. Attorney
18 General.
19 SENATOR DOLLINGER: This
20 amendment will go in the exec...
21 SENATOR PADAVAN: Senator, I'm
22 sorry. Did you say -- what? I may have said
23 it wrong in not hearing your question right.
24 SENATOR DOLLINGER: Okay. In
25 the bill it says that this -- in addition
3030
1 to the other obligations of the police
2 agencies
3 SENATOR PADAVAN: The bill
4 refers to the New York State Attorney
5 General.
6 SENATOR DOLLINGER: Okay. What
7 jurisdiction to enforce the immigration laws
8 does the Attorney General of the state of New
9 York have?
10 SENATOR PADAVAN: We've used
11 this word "enforcement" here rather liberally
12 but we're not reading the bill. Enforcement
13 of immigration laws rest with INS.
14 SENATOR DOLLINGER: Right.
15 SENATOR PADAVAN: We're talking
16 about cooperation, providing information,
17 referral. That's what we're talking about.
18 SENATOR DOLLINGER: Okay. But
19 my
20 SENATOR PADAVAN: The Attorney
21 General might have in his possession
22 information that may be useful.
23 SENATOR DOLLINGER: Okay. The
24 information will go -- both go to the INS and
25 to the New York State Attorney General so
3031
1 they'll both have a list, is that correct?
2 SENATOR PADAVAN: Local law
3 enforcement would give that information, yes.
4 SENATOR DOLLINGER: So we'll
5 have one list for the
6 SENATOR PADAVAN: But the
7 Attorney General may have additional
8 information that came from another political
9 subdivision.
10 SENATOR DOLLINGER: But there
11 will be a list maintained by the Attorney
12 General of the state of New York, again, Mr.
13 President, if Senator Padavan
14 SENATOR PADAVAN: I'm not sure
15 what you mean by "list" but information that
16 would be appropriate would be in his
17 possession.
18 SENATOR DOLLINGER: Well -- but
19 you will require him to maintain this
20 information. It says here that he shall
21 maintain accurate and complete records
22 regarding who's on the list, correct?
23 SENATOR PADAVAN: Records of
24 any referrals made by local jurisdictions.
25 SENATOR DOLLINGER: And the INS
3032
1 will maintain the same list.
2 SENATOR PADAVAN: Pardon me?
3 SENATOR DOLLINGER: The INS
4 will maintain the same list.
5 SENATOR PADAVAN: Maintain the
6 same list?
7 SENATOR DOLLINGER: Well, again
8 through you, Mr. President. The bill requires
9 that the local authorities tell both the
10 Attorney General of the state of New York and
11 the INS.
12 SENATOR PADAVAN: That's
13 correct.
14 SENATOR DOLLINGER: So
15 presumably there will be a list with the New
16 York State Attorney General.
17 SENATOR PADAVAN: The
18 information will be in both places, if that's
19 what you're asking.
20 SENATOR DOLLINGER: Right. So
21 we're going to duplicate the efforts of both
22 agencies. We're doing exactly the same
23 thing.
24 SENATOR PADAVAN: You realize
25 there are different INS districts throughout
3033
1 the state.
2 SENATOR DOLLINGER: I
3 understand, but I
4 SENATOR PADAVAN: So the
5 information that would be in the possession of
6 our state Attorney General would be made
7 available to any one of them. An illegal
8 immigrant might be in New York City one day,
9 might be in Oswego a week later.
10 SENATOR DOLLINGER: Right, but
11 there will be two lists.
12 SENATOR PADAVAN: The
13 information would presumably be available in
14 both places if it was forwarded -- if it was
15 forwarded.
16 SENATOR DOLLINGER: Okay.
17 Again through you, Mr. President, if Senator
18 Padavan will continue to yield.
19 ACTING PRESIDENT MARCELLINO: I
20 believe the Senator continues to yield.
21 SENATOR DOLLINGER: Thank you.
22 This requires that suspected
23 aliens be put on the list, is that correct?
24 SENATOR PADAVAN: You know,
25 Senator, I'm troubled somewhat by your
3034
1 reference to being put on a list. Keep in
2 mind this is someone who was arrested, not
3 just a suspected alien, illegal alien, someone
4 who was arrested, and as an indication by
5 virtue of that process of arrest that the
6 person is an illegal alien, and what we are
7 calling for is cooperation between the local
8 jurisdiction, whether it be the State Police,
9 the police in the city of New York, or the
10 police in Oswego, New York, to provide that
11 information to the Attorney General and to
12 INS.
13 SENATOR DOLLINGER: Okay, but
14 again through you, Mr. President, if Senator
15 Padavan will yield.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Padavan -- excuse me, Senator.
18 Senator Padavan, do you
19 continue to yield?
20 SENATOR PADAVAN: Yes.
21 ACTING PRESIDENT MARCELLINO:
22 He yields.
23 SENATOR DOLLINGER: This bill
24 says that they shall notify the Attorney
25 General and the United States Immigration
3035
1 Service of such persons suspected of illegal
2 immigration status. That's what you would do,
3 is have the police agency
4 SENATOR PADAVAN: Someone's
5 been arrested.
6 SENATOR DOLLINGER: Right, but
7 the suspected status is turned over to the
8 INS.
9 SENATOR PADAVAN: Correct.
10 SENATOR DOLLINGER: My question
11 to you is what happens if it turns out that
12 suspected alien is actually a legal resident
13 but his name has already been transmitted to
14 the Attorney General as -- and to INS as a
15 suspected alien? There's nothing in this bill
16 that would allow, for example, if this person
17 is determined not to be an illegal alien, then
18 the police entity shall transmit information
19 to the Attorney General and to the INS, that
20 his name shall be struck from the list of
21 those who are suspected aliens and his records
22 expunged completely. There's nothing in this
23 bill that says that, is there?
24 SENATOR PADAVAN: Senator, if
25 the person turns out to be a legal immigrant,
3036
1 then nothing happens.
2 SENATOR DOLLINGER: Except his
3 name is on the list maintained by the Attorney
4 General and the INS.
5 SENATOR PADAVAN: You keep
6 using the word "list". The information that's
7 kept by the Attorney General which is used in
8 a circumstance like that would obviously be
9 corrected.
10 SENATOR DOLLINGER: Is there a
11 provision in this bill
12 SENATOR PADAVAN: Oh, Senator.
13 SENATOR DOLLINGER: -- that
14 provides for the correction?
15 SENATOR PADAVAN: No, but I
16 think it's clear if that information is
17 erroneous, it would be corrected.
18 SENATOR DOLLINGER: Okay.
19 Thank you, Mr. President. On the bill.
20 Senator Padavan, I agree with
21 Senator Leichter
22 ACTING PRESIDENT MARCELLINO:
23 Senator Dollinger on the bill.
24 SENATOR DOLLINGER: -- that the
25 problem of illegal immigration is one that we
3037
1 face in this country and that we have to deal
2 with. The question is whether this bill deals
3 with it and, quite frankly, with all due
4 respect to Senator Padavan, I have to look at
5 this bill and question why we're doing it,
6 because we're transmitting information to the
7 Attorney General of the state of New York who
8 has no enforcement power over illegal
9 immigration. We're asking him to produce a
10 duplicative list of suspected aliens that the
11 Immigration and Naturalization Service, which
12 has nationwide -- frankly, Senator Padavan,
13 they could be in New York City in one day and
14 Oswego the next and in Santa Jolla, California
15 the following day. INS which has nationwide
16 authority would be much better off tracking
17 that suspected illegal alien than would the
18 Attorney General of the state of New York or
19 the regional office of the INS and then it
20 says that it's only their suspected alien
21 status. What happens when the suspected
22 alien's name is transmitted to the Attorney
23 General or the INS and it's later determined
24 in a proceeding that he or she is a legal
25 immigrant, in fact a citizen, entitled to be
3038
1 here? They're already on the suspected alien
2 list. They're already on the suspected list.
3 The information has already been passed as a
4 suspect. They don't get a chance to go back.
5 This bill doesn't provide for the suspected
6 alien who's found to be a citizen to go back
7 and erase his name from the suspicion list.
8 With all due respect, Senator
9 Padavan, the fact that we're duplicating
10 efforts, we don't have a provision for
11 expunging the wrongful determination by the
12 police, and yet we create a duplication
13 process in the efforts, raises to me a
14 question as to why we're doing this bill. Why
15 would we do it if all we're trying to do is
16 duplicate the efforts of INS for suspected
17 aliens and there's no expungement provision.
18 What this bill does, and I
19 agree with Senator Waldon. This is an "us"
20 and "them" bill. This is all about us and
21 them. It's all about a group of people. Look
22 around this room and figure out who "us" is.
23 This is a bill that will never be used against
24 Canadian illegal immigrants. It will probably
25 never be used against Australian immigrants.
3039
1 It will probably never be used against New
2 Zealand immigrants. You know what it's going
3 to be used again? It's going to be used
4 against Puerto Ricans. It's going to be used
5 against African-Americans. It's going to be
6 used against Japanese-Americans. It's going
7 to be used against Chinese-Americans. It's
8 going to be used against people who don't talk
9 like us, don't look like us and don't act like
10 us, and the problem is there was a time, not
11 long ago, go back 50 years and you know what
12 we would have done? We would have used this
13 very same bill and said, My gosh. You wear
14 one of those pins in your lapel that has
15 orange, green and white, you must not be an
16 American. You walk around with a yarmulka on,
17 you must not be an American. You walk around
18 speaking Italian, you must not be an
19 American. You have a heavy Slavic accident
20 accent, we better put you on the suspected
21 alien list.
22 The problem is this bill preys
23 on our worst fears of who the thems are, and
24 the problem is it seems to me that if anything
25 has been proven in American history it's that
3040
1 sooner or later, the thems become us. That's
2 what we're all about. We were all once the
3 thems that someone else was trying to keep
4 out.
5 Senator Padavan, the problem of
6 illegal immigration -- I voted for bills that
7 you've brought up about illegal immigrants. I
8 don't think we have to shelter illegal
9 immigrants. I don't think we have to provide
10 them with certain cases with special
11 protections, but one thing we have to do is we
12 can't allow the authorities to use the
13 prejudices and the stereotypes against people
14 who are here in this country.
15 There's a way to do it. The
16 INS is trying to do it. Lord knows they need
17 more resources. This bill, unfortunately, in
18 my judgment, preys on stereotypes and won't
19 accomplish the goal that you seek to achieve.
20 Unfortunately, it only does
21 something to accentuate them against us and to
22 quote Senator Waldon, I guess all of us are
23 Americans and we were all once immigrants and
24 this is not consistent with our immigrant
25 past.
3041
1 ACTING PRESIDENT MARCELLINO:
2 Senator Lachman.
3 SENATOR LACHMAN: On the bill.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Lachman on the bill.
6 SENATOR LACHMAN: And I'll try
7 to be brief. When Ted Sorensen and John F.
8 Kennedy co-wrote the book, A Nation of
9 Immigrants, they spoke about a unique nation
10 which is the United States whose people have
11 come from all over the world, who speak
12 different languages and are of different races
13 and nationalities.
14 Now, I understand, Senator
15 Padavan, what your objective and what your
16 goal is, and I do not believe that this
17 necessarily will reach that goal and
18 objective. I for one believe that we should
19 not countenance anything from those who are
20 illegal immigrants but at the same time I am
21 fearful that this bill blurs the line between
22 legal immigrants and illegal immigrants.
23 Now, I happen to be the son of
24 one legal immigrant and one American citizen,
25 and I know the fears that legal immigrants
3042
1 have, not necessarily or only because they are
2 a different race but because they cannot speak
3 the language of the land. Their mother tongue
4 is Greek. Their mother tongue is Italian.
5 Their mother tongue is Russian. Their mother
6 tongue is Polish. Their mother tongue is
7 Arabic. Their mother tongue is Hebrew. Their
8 mother tongue is Japanese.
9 Now, the differentiation might
10 be that an illegal immigrant is able to speak
11 English better than a legal immigrant and this
12 bill could lead to a situation where the
13 rights of legal immigrants are diminished
14 without in any way hurting or diminishing the
15 rights of illegal immigrants.
16 Now, I am not going to say that
17 this bill opens up a flood for witch hunts,
18 but I am going to say it does not achieve its
19 objectives. It has states meddling in federal
20 affairs and it can lead to dangerous
21 consequences for legal aliens who live in
22 America and have the rights of Americans.
23 Thank you.
24 ACTING PRESIDENT MARCELLINO:
25 Read the last section, please.
3043
1 THE SECRETARY: Section 2.
2 This act shall take effect on the 30th day.
3 ACTING PRESIDENT MARCELLINO:
4 Call the roll.
5 (The Secretary called the
6 roll.)
7 ACTING PRESIDENT MARCELLINO:
8 Please record the negatives. Announce the
9 results.
10 THE SECRETARY: Those recorded
11 in the negative on Calendar Number 319 are
12 Senators Connor, Dollinger, Gonzalez, Kruger,
13 Lachman, Leichter, Markowitz, Mendez,
14 Montgomery, Paterson, Rosado, Santiago, Smith,
15 Stavisky and Waldon. Ayes 43, nays 15.
16 ACTING PRESIDENT MARCELLINO:
17 The bill is passed.
18 Senator Paterson, why do you
19 rise?
20 SENATOR PATERSON: Mr.
21 President, I would just like us to pause in
22 our deliberations for a moment to recognize
23 the newly elected Borough President of the
24 borough of Manhattan in the city of New York,
25 former City Council member from my district on
3044
1 the upper west side of Manhattan and a long
2 fighter for social justice in our state, the
3 Honorable C. Virginia Fields has joined us
4 today.
5 ACTING PRESIDENT MARCELLINO:
6 Ms. Fields, welcome.
7 (Applause)
8 Senator Kruger, why do you
9 rise?
10 SENATOR KRUGER: Yes, Mr.
11 President. I would ask for unanimous consent
12 to be recorded in the negative on Calendar
13 Number 273.
14 ACTING PRESIDENT MARCELLINO:
15 Without objection, so ordered.
16 Senator Nanula.
17 SENATOR NANULA: Thank you, Mr.
18 President.
19 On Calendar Number 273, I'm
20 also requesting unanimous consent to be
21 recorded in the negative.
22 ACTING PRESIDENT MARCELLINO:
23 Without objection, so ordered.
24 SENATOR NANULA: Thank you.
25 SENATOR WALDON: Mr. President.
3045
1 ACTING PRESIDENT MARCELLINO:
2 Senator Waldon.
3 SENATOR WALDON: I happened to
4 be out of the room when we dealt with Calendar
5 273 and request unanimous consent to be
6 recorded in the negative.
7 ACTING PRESIDENT MARCELLINO:
8 Without objection, so ordered.
9 Senator Lachman.
10 SENATOR LACHMAN: I was out of
11 the chamber at that time, 273, consent to be
12 recorded in the negative.
13 ACTING PRESIDENT MARCELLINO:
14 So ordered, without objection.
15 Senator Stavisky.
16 SENATOR STAVISKY: Mr.
17 President, yesterday there were votes on
18 Senate 2351, Calendar 241. I would have been
19 recorded in the negative on that vote.
20 There was also a vote on
21 Calendar 465, Senate 4595. I wish the record
22 to reflect that I would have voted in the
23 negative on that and finally yesterday, Senate
24 Calendar 545, Senate 1955, I wish the record
25 to reflect that I would have voted in the
3046
1 negative on that.
2 ACTING PRESIDENT MARCELLINO:
3 The record will so show, Senator.
4 SENATOR STAVISKY: Thank you.
5 ACTING PRESIDENT MARCELLINO:
6 Senator Gonzalez.
7 SENATOR GONZALEZ: Yes, Mr.
8 President.
9 ACTING PRESIDENT MARCELLINO:
10 Excuse me, Senator Gonzalez.
11 Ladies and gentlemen, please.
12 Senator.
13 SENATOR GONZALEZ: Yes. I
14 would like to be recorded in the negative on
15 Calendar 273.
16 ACTING PRESIDENT MARCELLINO:
17 Without objection, so ordered.
18 Senator Santiago.
19 SENATOR SANTIAGO: Mr.
20 President, unanimous consent to be recorded in
21 the negative on Calendar 273.
22 ACTING PRESIDENT MARCELLINO:
23 Without objection, so ordered.
24 Senator Gold.
25 SENATOR GOLD: Thank you, Mr.
3047
1 President.
2 I would ask unanimous consent
3 to be voted in the negative on Calendar Number
4 273 and also Calendar 319.
5 ACTING PRESIDENT MARCELLINO:
6 Without objection, so ordered.
7 SENATOR GOLD: Thank you so
8 much.
9 ACTING PRESIDENT MARCELLINO:
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 361, by Senator Saland, Senate Print 665, an
13 act to amend the Criminal Procedure Law, the
14 Family Court Act, the Penal Law and the Public
15 Health Law.
16 ACTING PRESIDENT MARCELLINO:
17 Senator Paterson, why do you rise?
18 SENATOR PATERSON: Mr.
19 President, this is a bill that has very good
20 merit. It would test the perpetrators of
21 certain crimes after arrest if the victim of
22 the crime feels that he or she has been
23 exposed to transmittable diseases of a
24 life-threatening proportion. However -- and
25 we certainly understand the sponsor's desire
3048
1 to protect the victims.
2 What this bill does is really
3 to ignore most of the prescriptions that have
4 been lended to us by the AIDS Advisory
5 Committee and also the Center for Disease
6 Control, which really compel us to understand
7 that testing the alleged perpetrator of a
8 crime, or at least testing the person that may
9 have transmitted the disease, does not ensure
10 anything to the victim. There are certain
11 protocols that are described for the victim by
12 the Center for Disease Control, a four-week
13 program of medical intervention hopefully
14 starting two to four hours after the alleged
15 transmission and yet if a 24- to 36-hour
16 period elapses, it may be impossible for the
17 actual protocol or the prescribed medical
18 procedure to be effective.
19 It seems unlikely that we would
20 be able to make application and have the test
21 of the perpetrator at that particular time.
22 So the safest medical procedure is to test the
23 victim and if necessary as a precaution to
24 treat the victim. We would not want to be
25 unnecessarily punishing the accused out of a
3049
1 feeling that the crime was actually committed
2 and at the same time if our real interests is
3 that of the victim and protecting the health
4 and welfare of the victim, what I would
5 certainly suggest to the sponsor what we might
6 consider is a prophylaxis or perhaps
7 state-sponsored testing of victims for these
8 types of crimes and -- I mean, state-sponsored
9 testing the victim when exposed to these types
10 of diseases and also and very importantly the
11 counseling and the education that would be
12 necessary so that the victim would know what
13 his or her options would be.
14 In this period of new diseases
15 and the inability at times of our treatments
16 to cure an individual who may be exposed,
17 certainly that rise -- that rise in climate of
18 public anxiety over the subject makes us very
19 sensitive to the desire to protect victims of
20 crimes and to protect people from being
21 exposed to life- threatening diseases.
22 However, it's our position that
23 this legislation would not bring us any closer
24 to that ideal and that if anything it might
25 confuse the issue by focusing too much
3050
1 attention on the accused. If they committed
2 the crime, hopefully they will be punished to
3 the full extent of the law but their
4 culpability for exposing the victim to the
5 disease is another issue related more to the
6 crime and that the safest way to protect the
7 victim is to test the victim or begin
8 immediate intervention of a medical nature as
9 a precautionary procedure immediately.
10 ACTING PRESIDENT MARCELLINO:
11 Read the last section.
12 THE SECRETARY: Section 8.
13 This act shall take effect immediately.
14 ACTING PRESIDENT MARCELLINO:
15 Call the roll.
16 (The Secretary called the
17 roll.)
18 SENATOR LEICHTER: Mr.
19 President, to explain my vote.
20 ACTING PRESIDENT MARCELLINO:
21 Senator Leichter to explain his vote.
22 SENATOR LEICHTER: Yeah. We've
23 had this bill before, as I guess we have had
24 just about every other bill that seems to be
25 debated on this floor. The real objection of
3051
1 this bill is that it does absolutely nothing
2 for the victim. I mean, it's a hoax to say
3 that any assistance is being given to the
4 victim because it doesn't do it.
5 All of the knowledgeable people
6 who deal in the area of AIDS will tell you
7 that this bill does nothing, that you've got
8 to test the victim, and this really does harm
9 because it may lead victims not to be tested
10 because the alleged perpetrator isn't, and
11 it's for that reason it's opposed by the
12 NYCLU, the New York State Bar Association, the
13 New York State AIDS Coalition, GMHC, Empire
14 State Pride in Gender, and it's opposed by me.
15 I vote in the negative.
16 ACTING PRESIDENT MARCELLINO:
17 Please announce the results.
18 Senator Saland, do you wish to
19 explain your vote?
20 SENATOR SALAND: Yes. Thank
21 you, Mr. President.
22 I don't wish to engage in a
23 debate that will exacerbate anything here, but
24 I did take particularly unkindly to the -- to
25 the statement that this, in fact, represented
3052
1 a hoax. I know we have differences of opinion
2 on this. Certainly Senator Leichter has been
3 clear and outspoken in his opposition.
4 I would just request that
5 before he so blithely puts out comments such
6 as condemning a bill as being a hoax, that he
7 might like to look at those parts of the bill,
8 in case he hasn't read it in its entirety,
9 that basically requires the very
10 acknowledgment of counseling in the victim's
11 testing, but also particularly if you would
12 indulge me just very briefly, I would like to
13 read from -- without bothering to identify all
14 the groups that support this -- Governor
15 Cuomo's Task Force on Rape and Sexual Assault
16 report of April of 1990 as contained in
17 Recommendation 16.
18 "An efficient process should
19 be developed by which a victim of rape and
20 sexual assault can easily access the civil
21 court system to seek a court order to require
22 HIV testing of an alleged sex offender to
23 obtain the defendant's HIV antibody status.
24 "While this information will
25 not necessarily answer the question of whether
3053
1 the victim has been infected, it might assist
2 the victim in making difficult health care
3 decisions" -- and I am skipping sections
4 here.
5 "While the result alone may
6 not be determined if some victims after
7 consultation with their physician or an HIV
8 counselor may want to begin immediate
9 treatment with prophylactic drugs. Where the
10 assailant's first test is positive, the victim
11 may want to make immediate -- want to begin
12 immediate drug therapy even though she or he
13 might not have actually been infected.
14 "Even if the offender's first
15 test turns out to be negative, the victim may
16 nevertheless want to proceed with drug therapy
17 since she or he may have been exposed.
18 "The question of how and when
19 to test the alleged sex offender remains. The
20 Task Force considered and rejected waiting
21 until an accused is convicted.
22 "While a convicted defendant
23 is no longer presumed innocent and has fewer
24 procedural rights, there are two problems with
25 waiting for conviction. One, extensive delay
3054
1 is inevitable because it can takes weeks for
2 conviction by plea and months for conviction
3 by verdict and two, there are a number of
4 acquittals and dismissals where the defendant
5 may have nevertheless infected the victim. In
6 either case, conviction is not an adequate
7 triggering event."
8 It goes on to say, "For similar
9 reasons, indictment is not a good marker.
10 Indictments can be delayed, particularly where
11 a defendant is at liberty. Furthermore, a
12 prosecutor may be unable to obtain an
13 indictment for reasons unrelated to the
14 accused as the true perpetrator."
15 This bill uses the filing of an
16 information or the laying of an indictment and
17 certainly is perhaps less -- more generous
18 than was proposed by Governor Cuomo's task
19 force.
20 ACTING PRESIDENT MARCELLINO:
21 Thank you, Senator.
22 Announce the results, please.
23 THE SECRETARY: Those recorded
24 in the negative on Calendar Number 361 are
25 Senators Abate, Breslin, Connor, Dollinger,
3055
1 Gonzalez, Goodman, Leichter, Markowitz,
2 Montgomery, Nanula, Paterson, Rosado,
3 Santiago, Smith, Waldon. Also, Senator
4 Mendez. Ayes 42, nays 16.
5 ACTING PRESIDENT MARCELLINO:
6 The bill is passed.
7 THE SECRETARY: Also, Senator
8 Stavisky. Ayes 41, nays 17.
9 ACTING PRESIDENT MARCELLINO:
10 The bill is still passed.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 461, by Senator Padavan, Senate Print 2223, an
14 act to amend the Penal Law.
15 ACTING PRESIDENT MARCELLINO:
16 Read the last section, please.
17 THE SECRETARY: Section 3.
18 This act shall take effect on the first day of
19 November.
20 ACTING PRESIDENT MARCELLINO:
21 Call the roll.
22 (The Secretary called the
23 roll.)
24 THE SECRETARY: Those recorded
25 in the negative on Calendar Number 461 are
3056
1 Senators Abate, Gonzalez, Leichter, Markowitz,
2 Mendez, Montgomery, Paterson, Santiago, Smith,
3 Stavisky and Waldon.
4 ACTING PRESIDENT MARCELLINO:
5 Senator Santiago, do you wish to be recorded?
6 She wishes to be recorded in
7 the negative.
8 THE SECRETARY: Ayes 47, nays
9 11.
10 ACTING PRESIDENT MARCELLINO:
11 The bill is passed.
12 THE SECRETARY: Calendar Number
13 471, by member of the Assembly Hill, Assembly
14 Print 21-A, an act authorizing the county of
15 Nassau.
16 ACTING PRESIDENT MARCELLINO:
17 Read the last section, please.
18 THE SECRETARY: Section 2.
19 This act shall take effect immediately.
20 ACTING PRESIDENT MARCELLINO:
21 Call the roll.
22 (The Secretary called the
23 roll.)
24 SENATOR DOLLINGER: Is this the
25 Hannon bill?
3057
1 ACTING PRESIDENT MARCELLINO:
2 Yes, it is, Senator Dollinger.
3 SENATOR DOLLINGER: Record me
4 in the negative, Mr. President.
5 ACTING PRESIDENT MARCELLINO:
6 Thank you. Senator Dollinger in the
7 negative.
8 Announce the results.
9 THE SECRETARY: Those recorded
10 in the negative on Calendar Number 471 are
11 Senators Cook, Dollinger and Paterson. Ayes
12 55, nays 3.
13 ACTING PRESIDENT MARCELLINO:
14 The bill is passed.
15 THE SECRETARY: Calendar Number
16 553, by Senator Rath, Senate Print 4408-A, an
17 act to amend the General Municipal Law, the
18 Public Housing Law and the State Finance Law.
19 ACTING PRESIDENT MARCELLINO:
20 Senator Paterson, why do you rise?
21 SENATOR PATERSON: Mr.
22 President, as much as I researched this bill,
23 I fail to see the distinction between this
24 piece of legislation and the one we passed in
25 this chamber by Senator Holland just last
3058
1 week. So I'm going to stand on my argument
2 for last week and anyone that would like to
3 hear it can look it up, or I have it available
4 on CDs for 19.95.
5 ACTING PRESIDENT MARCELLINO:
6 Read the last section.
7 THE SECRETARY: Section 6.
8 This act shall take effect immediately.
9 ACTING PRESIDENT MARCELLINO:
10 Call the roll.
11 (The Secretary called the
12 roll.)
13 ACTING PRESIDENT MARCELLINO:
14 Record the negatives and announce the results,
15 please.
16 THE SECRETARY: Those recorded
17 in the negative on Calendar Number 553 are
18 Senators Connor, DeFrancisco, Dollinger,
19 Leichter and Paterson. Ayes 53, nays 5.
20 ACTING PRESIDENT MARCELLINO:
21 The bill is passed.
22 Senator Larkin, why do you
23 rise?
24 SENATOR LARKIN: Mr. President,
25 may we return to reports of standing
3059
1 committees? I believe there's a report of the
2 Cities Committee at the desk.
3 ACTING PRESIDENT MARCELLINO:
4 We will report -- return to the report of
5 standing committees.
6 The Secretary will read.
7 THE SECRETARY: Senator
8 Padavan, from the Committee on Cities,
9 reports:
10 Senate Print 6059-C, by Senator
11 Breslin, an act authorizing the city of Albany
12 to appoint additional members to its board of
13 assessment review.
14 ACTING PRESIDENT MARCELLINO:
15 Without objection, the bill is reported to
16 third reading.
17 SENATOR LARKIN: Mr. President,
18 let's return to motions and resolutions. I
19 believe there's a privileged resolution there
20 for Senator Leibell, and I ask that it be read
21 and moved for its immediate adoption.
22 ACTING PRESIDENT MARCELLINO:
23 The Secretary will read.
24 THE SECRETARY: By Senator
25 Leibell, Legislative Resolution, honoring
3060
1 Chief Gregory J. Amato, upon the occasion of
2 his retirement from the town of Carmel Police
3 Department, to be celebrated May 9th, 1998.
4 ACTING PRESIDENT MARCELLINO:
5 The motion is on the resolution. All in favor
6 signify by saying aye.
7 (Response of "Aye".)
8 Opposed, nay.
9 (There was no response.)
10 The resolution is adopted.
11 Senator Larkin.
12 SENATOR LARKIN: Is there any
13 housekeeping at the desk?
14 ACTING PRESIDENT MARCELLINO: I
15 believe the house is clean, sir.
16 SENATOR LARKIN: Then, there
17 being no further business, I move we adjourn
18 until Wednesday, May the 6th, at 11:00 a.m.,
19 and I would like to remind everybody that
20 tomorrow is West Point Day, and those of you
21 who have cadets who will be here, you have
22 received a notice and you're invited to have
23 coffee with them before session.
24 ACTING PRESIDENT MARCELLINO:
25 The Senate will stand adjourned until
3061
1 Wednesday, May 6th, at 11:00 a.m. sharp.
2 (Whereupon, at 4:51 p.m., the
3 Senate adjourned.)
4
5
6
7
8
9