Regular Session - January 19, 1999
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NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 19, 1999
3:00 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order. I'll ask everyone present to
please rise and repeat with me the Pledge of
Allegiance?
(Whereupon the assemblage recited
the pledge of allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we please bow our heads in a
moment of silence?
Reading of the Journal?
THE SECRETARY: In Senate,
Saturday, January 16, the Senate met pursuant
to adjournment. The Journal of Friday,
January 15 was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without objection
the Journal stands approved as read.
Presentation of the petition.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Volker
from the Committee on Codes reports the
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following bills:
Senate Print 12, with amendments,
by Senator Skelos, an act to amend the Penal
Law;
88, by Senator Alesi, an act to
amend the Penal Law;
100, by Senator Volker, an act to
amend the Penal Law;
103, by Senator Volker, an act to
amend the Penal Law;
110, by Senator Volker, an act to
amend the Penal Law;
130, by Senator Skelos, an act to
amend the Criminal Procedure Law;
145, by Senator Volker, an act to
amend the Criminal Procedure Law;
256, by Senator Holland, an act to
amend the Penal Law;
393, by Senator Volker, an act to
amend the Penal Law;
537, by Senator DeFrancisco, an act
to amend the Criminal Procedure Law;
539, by Senator DeFrancisco, an act
to amend the Criminal Procedure Law;
636 by Senator Nozzolio, action to
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Penal Law;
650, by Senator Maziarz, an act to
amend the Criminal Procedure Law;
652 by Senator Maziarz, an act to
amend the Criminal Procedure Law;
Senate Print 181, by Senator Alesi,
an act to amend the Penal Law;
538, by Senator DeFrancisco, an act
to amend the Penal Law;
548, by Senator DeFrancisco, an act
to amend the Criminal Procedure Law;
728, by Senator Volker, an act to
amend the Criminal Procedure Law;
729, by Senator Volker, an act to
amend the Penal Law;
757, by Senator Johnson, an act to
amend the Penal Law;
789, by Senator Goodman, an act to
amend the Penal Law;
809 by Senator Volker, and act to
amend the Penal Law.
822, by Senator Marcellino, an act
to amend the Criminal Procedure Law;
824, by Senator Marcellino, an act
to amend the Penal Law and.
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857, by Senator Balboni, an act
amend the Penal Law.
Senator Rath from the Committee on
Local Government reports:
173, by Senator Larkin, an act to
amend the Real Property Tax Law;
630, by Senator Skelos, an act to
amend the Town Law;
675, by Senator Rath, an act to
amend the General Municipal Law and.
Senate Print 962, by Senator
Marcellino, an act to amend Chapter 581 of the
Laws of 1998.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills ordered directly to third
reading.
Reports of select committees.
Communications and reports from
state offices.
Motions and resolutions.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up the
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non-controversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
2, by Senator Rath, Senate Print 122, an act
to amend the Education Law, in relation to
displaying the flag of the State of New York.
SENATOR PATERSON: Laid aside.
THE PRESIDENT: The bill will be
laid aside.
THE SECRETARY: Calendar Number
3, by Senator Holland, Senate Print 258, an
act to authorize the Salvation Army Eastern
Territory School.
SENATOR PATERSON: Laid aside.
THE PRESIDENT: The bill will be
laid aside.
Senator Bruno, that completes the
non-controversial reading of the calendar.
SENATOR BRUNO: Madam President,
can we then go to the controversial reading of
the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
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2, by Senator Rath, Senate Print 122, an act
to amend the Education Law.
THE PRESIDENT: Senator Rath, an
explanation is asked for.
SENATOR RATH: Madam President,
the bill before you today was one that passed
this house last year.
It was brought to my attention by a
student who felt that it was remiss in the
campus or on the campus where the student was
going to school, one of the state university
campuses, that the American flag was flying,
but no State flag was flying, and the SUNY
campuses, the students felt, and I happen to
agree, are certainly a place where a symbol of
the State of New York inasmuch as the
taxpayers of the State of New York are helpful
partners in the education of the young folks
that we're anxious to help, that it would be
totally appropriate to have that flag flying
at each of the SUNY campuses, and I agree with
that, and so the bill is before you.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: I was wondering
if a request had been made to the regions or
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to the SUNY campuses that they display the
flag rather than legislating the flying of the
State flag?
SENATOR RATH: I would have to
say that I don't know if a request has been
made. I was anticipating a question as who's
going to pay for the flag, are we going to buy
flags for all the campuses, it was what I was
sure your question was going to be but, no, we
haven't requested it particularly.
THE PRESIDENT: Senator Duane,
would you please address the Chair? Do you
wish to be recognized again?
SENATOR DUANE: May I be
recognized again?
THE PRESIDENT: Yes, Senator
Duane.
SENATOR DUANE: I just need a
clarification. So, that you don't believe
that it has been requested of the regions or
of the SUNY system in general?
SENATOR RATH: No, I do not.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Would Senator
Rath yield to another question?
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SENATOR RATH: Certainly.
SENATOR DUANE: Excuse me for
trying to get the hang of things.
SENATOR RATH: Quite all right.
SENATOR DUANE: Thank you,
Senator.
Can you tell me, because I've just
recently become aware of this legislation if
there is an Assembly sponsor of similar
legislation?
THE PRESIDENT: Senator Rath.
SENATOR RATH: My recollection
was we had an Assembly bill, and it didn't get
any further than the Higher Education
Committee in the Assembly.
SENATOR DUANE: Could the Senator
repeat that again?
SENATOR RATH: The bill did not
go past the Higher Education Committee in the
Assembly.
SENATOR DUANE: Does that,
therefore, mean that there is an Assembly
sponsor of the legislation?
SENATOR RATH: There was, last
year, through Madam President, there was last
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session. I'm not sure whether we have
contacted that person, whether they have
submitted the bill yet this year.
SENATOR DUANE: May I ask the
Senator to yield -
THE PRESIDENT: Senator Rath, do
you yield?
SENATOR RATH: Surely.
SENATOR DUANE: I'm just
wondering if, perhaps, it might not be a
better avenue to pursue the more voluntary
means of the flying of the State flag rather,
than to make it a legislative issue?
Though I understand the need for
flying the flag, and I am very sympathetic to
that issue, that perhaps a less enormous
response to the incident which was brought to
your attention might actually be the
preferable early avenue to pursue, rather than
pursuing a legislative remedy to the problem.
SENATOR RATH: Madam President, I
believe we'll approach -- make all approaches
possible. I believe this one's appropriate
and I believe the approach you suggest is
appropriate also.
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THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Welcome to
the chamber.
THE PRESIDENT: Thank you.
SENATOR DOLLINGER: Will Senator
Rath yield to just one quick question?
SENATOR RATH: Surely.
THE PRESIDENT: Senator Rath
isn't this an unfunded mandate draped in the
flag of the State of New York?
SENATOR RATH: I don't believe
that the -- through you Madam President,
I don't believe that the purchase of a flag is
of such import that it would be considered an
unfunded mandate.
SENATOR DOLLINGER: First of all,
I want to commend my new colleague, Senator
Duane, who asked all the right questions, got
us down the road to the point where he said,
"Why don't we just have them do this
voluntarily?"
This is the section of the
Education Law, the Higher Education Law, that
deals with the powers we grant to SUNY. They
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can run the buildings, they can care for the
lawns, and they could decide by themselves to
buy a flag and raise it in salute to the State
of New York.
I'm always confused in this
chamber, because we always hear throughout the
Legislative Chamber, all these terrible
unfunded mandates, all those restrictions we
put on local government, all of those things
that we do where we don't put any money, we
don't attach any money to them, and I hear
that lectured time and time again from all my
colleagues, how terrible, how evil unfunded
mandates are, and then, lo and behold, the
very first thing we do in the 1999 session is,
we take a little tiny, tiny, tiny unfunded
mandate and we make it the very first piece of
business we do.
Frankly, I'm confused. I'll look
for guidance from all my colleagues, who I'm
sure will lecture me throughout the session
about unfunded mandates, and I'll go back and
just remind you that the first thing we did,
was do a nice unfunded mandate, a little tiny,
tiny, tiny almost harmless one draped in the
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colors of the New York State flag.
I'll vote in favor of it. It's a
great idea. I'm not afraid to occasionally
put a mandate like this in place, but I just
want you to know, when you lecture me time and
time again about all those mandates, I'll
stand up and remind everybody,what we did as
our first piece of business this year.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
3, by Senator Holland, Senate Print 258, an
act to authorize the Salvation Army Eastern
Territory School.
SENATOR PATERSON: Explanation.
THE PRESIDENT: An explanation
has been asked for. Senator Holland.
SENATOR HOLLAND: Madam
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President, this bill allows the Salvation Army
Training School located in Suffern, New York,
in Rockland County, to change its name to the
Salvation Army Training College.
The bill has been in since 1992,
passes the Senate all the time, has a problem
with Ed Sullivan in the Assembly.
The Salvation Army simply wishes to
be designated by the name of Salvation Army
Training College for the uniformity of its
name.
There are 22 schools around the
world, referred to as college, two in Canada,
one in Mexico, and this one, in fact, was
called a college in 1920 to 1956. That's all
we want to do.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President. Would Senator Holland yield
for a question?
THE PRESIDENT: Senator Holland,
do you yield?
SENATOR HOLLAND: Yes, I will
yield.
THE PRESIDENT: Go ahead,
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Senator.
SENATOR PATERSON: Madam
President, the Education Law, under Section
224 is pretty explicit in its definition of
what a college should actually be.
Now, these particular centers,
while they serve a great purpose for the
public, don't meet the standards of what would
be defined as a college, and my fear is that
other institutions might with this precedent
come under this and then be accorded the same
treatment, even though they did not meet the
threshold of what the standards are
specifically defined for what college training
would actually entail.
Therefore, my question is, why
would we not restrict the word "college" from
the definition, Senator?
THE PRESIDENT: Senator Holland.
SENATOR HOLLAND: -- really
think this is a big change of State Law.
That's what we're here for, Senator, you know
that. This is a minor thing to bring it all
together internationally for the Salvation
Army, which does great work throughout the
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world and throughout the nation, and
throughout Rockland County, and I see no
reason why this can't be done. We're here to
change the laws as necessary. This is a very
minor thing. I see no reason for not doing
it.
THE PRESIDENT: Senator, do you
yield?
SENATOR HOLLAND: Yes.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President.
Can you tell me, Senator, what the
reason was for the original restriction in the
use of the name "college?"
SENATOR HOLLAND: I believe they
were grandfathered in along with the -- let's
see, the Jamestown Business College, which
still exists, and the Albany Business College,
which still exists, and at some point, in
1956, for some reason, I cannot tell you
exactly, Senator, they went off the name of
"college" and back to "training school."
SENATOR DUANE: Would the Senator
yield to another -
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THE PRESIDENT: Senator, would
you yield again?
SENATOR HOLLAND: Yes.
THE PRESIDENT: Go ahead,
Senator. Senator Duane.
SENATOR DUANE: In the context
that I'm also concerned that other
organizations could follow this, I'm
wondering, Senator, if you have thought about
whether or not this might be the beginning of
a slippery slope, if we do this here, could
then other groups come in and say, you did it
for the Salvation Army, why can't we do it
for -- what would be the response to that?
SENATOR HOLLAND: I don't think
this is earth shattering, even if that did
happen. I don't think it would have a great
impact on your life, my life, or the State of
New York and it is for the benefit of the
Salvation Army. I don't think it would have a
huge impact.
THE PRESIDENT: Senator Holland,
would you yield for another question?
Senator Duane.
SENATOR DUANE: One final
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question, Senator. Thank you. Can you tell
me if there's action or a sponsor in the
Assembly on this matter, or is it discussed,
or -
SENATOR HOLLAND: Yes. There is.
There has been and there is a sponsor in the
Assembly, and it has to go through Ed
Sullivan's Higher Education Committee. He's
opposed to the bill, and has been, and that's
where it gets stuck. It usually passes this
house and gets stuck in the Assembly.
SENATOR DUANE: Thank you,
Senator.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect immediately.
THE PRESIDENT: Call the role.
(The Secretary called the roll.)
THE PRESIDENT: The bill is
passed. Senator Duane.
Senator Paterson?
SENATOR PATERSON: Madam
President, I believe Senator Duane had his
hand up.
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SENATOR DUANE: Indicating a vote
of no on the bill.
THE PRESIDENT: Results.
THE SECRETARY: Ayes 55, nays
one. Senator Duane recorded in the negative.
THE PRESIDENT: Bill is passed.
Senator Bruno, that concludes the calendar.
SENATOR BRUNO: Madam President,
can we at this time recognize Senator Paterson
for an announcement.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, I'm handing up some temporary
committee assignments from the Senate
Minority, I believe they're at the desk and we
would like them to be filed in the Journal, if
you will, Madam President.
THE PRESIDENT: All right. They
will be filed in the Journal, Senator.
Senator Bruno.
SENATOR BRUNO: Madam President,
is there any other business at the desk?
THE PRESIDENT: No, there is not,
Senator.
SENATOR BRUNO: Then, there being
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no further business to come before the
Senate -- Madam President, there being no
further business to come before the Senate I
would move we stand adjourned until tomorrow
at 11 o'clock a.m.
THE PRESIDENT: On motion the
Senate stands adjourned until Wednesday,
January 20, 11 a.m.
(Whereupon, at 3:27 p.m. the Senate
adjourned.)