Regular Session - March 15, 1999
1007
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 15, 1999
3:00 a.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, Acting 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 will ask that everyone present
please rise and recite with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Alligiance to the Flag.)
THE PRESIDENT: With us today to
give us the invocation is Rabbi Shmuel M.
Butman.
RABBI BUTMAN: Let us pray.
Every year this great Chamber introduces a
resolution honoring Rebbe with ninety-seven
days of education in honor of the Rebbe's
birthday. And you have done so again this
year; this year, ninety-seven days of
education.
When the Rebbe speaks about
education, he speaks about education for all
people, regardless of race, religion, color
and creed.
Each and every single one of you
were chosen by Almighty God to be his
custodians of justice, of right, for all the
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people in the State of New York. Through
them, my extension to all the people in the
United States, and my extension again to all
the people in the world. And thank God New
York State has been a model for all the states
in the Union and, indeed, the entire world.
And speaking about justice, I would
like to share with you a few lines of Psalm
98. Is the Psalm that we're starting to say
now as the Rebbe is entering his 98th year.
In that Psalm, the Psalm is, King
David says, the Lord has made known His
salvation. He has revealed His justice before
the eyes of the nation. Sing to the Lord with
a harp; with a harp and the sound of song;
with trumpets and the sounds of a chauffeur,
jubilate before the King, our God.
The sea in it's fullness will roar
in joy, the earth, and it's inhabitants. The
rivers with clap their hands. The mountains
will sing together. They will rejoice before
the Lord, for he has come to judge the earth.
He will judge the earth with justice and the
nation's with righteousness.
And as you are the legislators of
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this great state, and you are the custodians
of piece and justice, we play today that
Almighty God should bestow his blessings upon
you, upon you and upon your families. My he
bestow his blessings upon you personally and
communally. You should have a lot of success
in all your endeavors; in your private
endeavors and in your communal endeavors.
And we also pray together that you
shall pass the budget successfully.
Immediately. Thank you.
THE PRESIDENT: And with Rabbi
today are Rabbi David Raskin and Rabbi Mosha
Goldman.
Welcome to the Senate. Thank you
very much, Rabbi.
Senator Marchi.
SENATOR MARCHI: Yes, Madam
President. I'm delighted that the invocation
recited the 97th birthday. I wasn't here on
the 90 -- when -- at the beginning of that
97th odyssey. Maybe around 96 or 95 I first
came here.
But, certainly, shortly after that,
it has been a yearly observance, in both
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chambers, to recognize the unique
contributions that this valiant, spiritually,
oriented group has imparted to society.
We go back to the author and, at
least the prime mover of this movement, which
even antedates his birth, but who gave it its
presence configuration and its presence
thrust.
Moseben Maimon. The Rambam. And
we know him as Maimonides. Maimonides.
He took the initiative, because the
-- the vast massive Jewish oral law was
transmitted faithfully. But he took the
initiative to organize it into an organized
body. He also made the first great stride
from the days of Aristotle, bringing back the
Aristotilian philosophy, which has enriched
mankind throughout the world. He anticipated
Thomas Aquinas who gave his imprint in the
Roman Catholic religion, but a thousand -
well, I wouldn't say a thousand, several
hundred years later, with the Aquinas
Thomistic philosophy, rooted in Aristotle.
And as rendered and updated by Maimonides.
This great man.
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Today they have fifteen hundred
centers throughout the world, in every single
continent; Australia, Asia, Europe, South
America, North America. Every continent of
the world has these centers of learning,
turning on the principles that the invocation
called our attention to. Moved by compassion,
moved by education to generate that kind of
spirit. And it transcends all kinds of
religious lines. It just appeals to humanity,
generally.
The greatest explement of this
philosophy, in this country, was Mortimer
Adler, who was not catholic, who was Jewish,
who was the editor, one of the last great
editors of the Encyclopedia Britanica.
This gives you a glimpse of high
levels of intellectual attainment, that they
have reached, and that they have disseminated,
and wedded to also, a spiritual outlook on
life.
So, I don't know whether we can be
with you for another hundred years here, to
celebrate these events, but certainly those of
us who are here and those who will survive, I
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know, will be making similar, and observing
similar circumstances and observations in the
years to come.
And to you and your colleagues,
Reverend, we wish you the very, very best.
And continued live and good work for the
marvelous work that you are all engaged in.
Thank you.
(Applause.)
THE PRESIDENT: Senator Lachman.
SENATOR LACHMAN. I was witnessed
this afternoon to -- is somewhat of an unusual
event. Not unusual because Lubavitch and
Rabbi Butman sponsored it, a luncheon which
Lubavitch gave, in the Assemblyman parlor, in
which the Governor and the Assembly Speaker
participated. They both shook hands, and they
agreed in principle on educational goals.
And, perhaps, if you could stay for
a few more days, Rabbi Butman, to April 1st,
and if we include the Majority Leader in this
group, we might have a budget, as you've
mentioned in your remarks there.
It is good that you have come today
and have brought us together as one. The
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message of the late Lubavitch Rebbe of blessed
memory, resinates throughout the world. His
goals of people working together, living
together in harmony, his goals in education,
learning and study, are perhaps best
exemplified by the Kibbutz houses that exists
at university campuses throughout the nation.
Where young people not only learn secular
subjects in the classroom, but after or before
class, go to the Kibbutz houses, enter into
other types of learning and study, that
Senator Marchi had mentioned. And Rabbi
Butman, I believe, is the international
coordinator of the study of Maimonides, the
great Jewish philosopher. This has made a
tremendous impact upon the young people of
this nation.
And I hope and pray that it
continues for many more years. And that Rabbi
Butman and his colleagues will be here to give
us the message, the late Lubavitch Rebbe, who,
in his lifetime, personified the most positive
principles of Jewish education, Jewish
learning, Jewish charity known as Tzedakah and
which is continued today by his followers
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around the world.
RABBI BUTMAN: Thank you very,
very much.
(Applause.)
THE PRESIDENT: Senator Markowitz
first.
SENATOR MARKOWITZ: Thank you,
Madam President. I'm very proud to be the
Lubavitch Senator of New York State, because
just about the entire international
headquarters, as well as most Lubavitch
residents of America, I'm blessed they live in
my district.
And I have to say to you what
you've heard among some of the members of the
Senate doesn't even begin to tell you about
the miracles that are going on in our
community; the new homes, the new programs.
And very shortly America's first Jewish
Childrens Museum. And I've seen those plans.
Those architectural plans are among the most
beautiful that this nation has ever seen.
Because of the Rabbi and because of
the work that the Lubavitch organizations have
carried on, the contributions that they make
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to Judaism, and I have to add for all people.
For all people. Because their motivation is
to serve all. It is one that all of us should
-- should excel at, should be excited about,
and acknowledge.
And I'm so delighted that every
year, Rabbi, that you an your colleagues are
here. And I would like to make an offer
through you, I'm sure, that any day, any of my
colleagues would like to take a tour of the
International Headquarters and see some of the
miracles that have occurred in America, in New
York, and in Brooklyn, because of Lubavitch
organizations under the spiritual leadership
ship of the Rabbi, I invite you at your
convenience. Thank you very much.
(Applause.)
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President. On behalf of Senator Connor,
and all of us here, we'd like to welcome Rabbi
Butman and the entire contingent, and to bring
in the 97 days of education that will
symbolize the Lubavitch Rebbe's 97 years.
Unfortunately five of them we have not had him
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here to share with us, and hope that in the
98th year the work that he championed, and was
so much the catalyst, will continue.
Wasn't until Senator Markowitz
spoke that I realized that the Jewish
Childrens Museum would be built. And it made
me think of something that I would just like
to share with you, Madam President, with Rabbi
Butman, and everyone here. When I was
talking, I guess, about a month ago, during
Black History Month, about the African burial
grounds, that was discovered approximately at
the confluence of Broadway and Duane and Reed
and Elks Street in lower Manhattan, and the
work that we did to memorialize and preserve
that area, we would not have been able to have
done that without Section 106 of the Federal
Historic Preservation Act of 1969.
That was actually put into law by
those, who unfortunately lost, the Jewish
cemeteries about six blocks away, in 1961,
when construction destroyed them.
And so, there is so much culture
and so much history of all ethnicities and the
-- the education teachings that the Lubavitch
1018
Youth Foundation and all of the other
educational organizations that our learned
Rabbis could join use to today, are associated
with, must be congratulated.
And at this time of year, as we
always do, we're so happy, through Senator
Marchi and Senator Lachman, that we can have
them come all the way to Albany and share some
of their great teaching with us.
I would like to say, Rabbi Butman,
that I'm still trying to learn more about the
culture and tradition of the Lubavitch
movement. I didn't know how the green bagels,
that Senator Markowitz was passing out, have
anything to do with it, but at the same time
we are always very grateful to have you among
us.
(Applause.)
THE PRESIDENT: On behalf of the
Senate -- Senator Skelos.
SENATOR SKELOS: If I could, on
behalf of Senator Bruno, I, too, would like to
welcome you to the Chambers. We look forward
to your visit every year. I cannot match the
eloquence of my colleague, Senator John
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Marchi, but what I would like to do is since
we are still being paid, and it's not April
1st, if I could present a dollar to you on
behalf of myself, and the other members, as an
act of charity.
THE PRESIDENT: Rabbi, on behalf
of the Senate, I extend to you all of our
courtesies and wish you the very best in your
celebration.
Let's have a round of applause.
(Applause.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If we could go
back to the regular order.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, March 14th, the Senate met pursuant to
adjournment.
The Journal of Saturday, March
13th, was read and approved on motions.
Senate adjourned.
THE PRESIDENT: Without objection
the Journal stands approved as read.
Presentation of Petitions.
1020
Messages from the Assembly.
Messages from the Governor.
Reports of Standing Committees.
The Secretary will read.
THE SECRETARY: Senator Leibell
from the Committee of Civil Service and
Pensions Reports: Senate Print 1726, by
Senator Spano, an act to amend the Retirement
and Social Security Law.
2027, by Senator Spano, an act to
amend the Retirement and Social Security Law.
2663, by Senator Leibell, an act to
amend the Retirement and Social Security Law.
2968, by Senator Hannon, an act to
amend the Civil Service Law.
3256, by Senator Leibell, an act to
ammend the Retirement and Social Security Law
and;
3613, by Senator Leibell, an act to
amend the Administrative Code of the City of
New York.
Senator Hoffmann, from the
Committee On Agricultural reports:
Senate Print 1724, by Senator Kuhl,
an act to amend the Agriculture and Markets
1021
Law.
1725, by Senator Kuhl, an act to
amend the Agriculture and Markets Law.
1772, by Senator Kuhl, an act to
amend the Agriculture and Markets Law.
2728 by Senator Kuhl, an act to
amend the Agriculture and Markets Law and the
Vehicle and Traffic Law.
2729, by Senator Kuhl, an act to
amend the Agriculture and Markets Law; and
2785, by Senator Johnson, an act
to amend the Agriculture and Markets Law.
All Bills ordered direct for third
reading.
THE PRESIDENT: Without
objection, all bills directed to third
reading.
Reports of Select Committees.
Communications and Reports from
state officers.
Motions and Resolutions.
Senator Farley.
SENATOR FARLEY. Thank you, Madam
President. I have a motion to amend a bill
that's recalled from the Assembly on behalf of
1022
Senator Alesi. I wish to call up his bill,
Print Number 96, recalled from the Assembly,
which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
119, by Senator Alesi, Senate Print 96, an act
to amend the General Business Law.
SENATOR FARLEY: Madam President,
I now move to reconsider the vote by which
this bill passed.
THE PRESIDENT: The Secretary
will call the roll in reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
SENATOR FARLEY. Madam President, I
now offer the following amendments.
THE PRESIDENT: Amendments
received, Senator.
SENATOR FARLEY: On behalf of
Senator Alesi, again, Madam President, on page
4, I offer the following amendments to
Calendar 58, Senate Print 94, and I ask that
that bill retain its place in the Third
Reading Calendar.
1023
THE PRESIDENT: Amendments
received, and it will retain its place on the
Third Reading Calendar.
SENATOR FARLEY: Madam President,
on behalf of Senator Larkin, on page 8, I
offer the following amendments to Calendar
Number 117, Senate Print 2105, and I ask that
that bill retains its place in the Third
Reading Calendar.
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar.
Senator Balboni.
SENATOR BALBONI: Thank you,
Madam President. I'd like to offer an
amendment on page number 4, Calendar Number
48, by Sentor Holland, Print Number 16. And I
would further ask that the Bill retains its
place on the Third Reading Calendar.
THE PRESIDENT: The amendment is
so received and the bill will retain its place
on the Third Reading Calendar.
Senator.
SENATOR BALBONI: Thank you,
Madam President. In addition, which I'd like
1024
to follow -- -- offer the following amendment
to the bill, by Senator Skelos, located on
page number 8, Calendar Number 118, Print
Number 11-A. And I would also ask that this
bill retains its place in the Third Reading
Calendar.
THE PRESIDENT: The amendment is
received and the bill will retain its place on
the Third Reading Calendar.
Senator Skelos.
SENATOR SKELOS: Madam President, I
believe there's a privileged resolution at the
desk by Senator McGee. I ask that it be read
in its entirety and move for its immediate
adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator McGee,
Legislative Resolution 637, Congratulating
Kimberly Ann Pressler upon being crowed Miss
USA 1999.
Whereas, the State of New York
takes great pride in acknowledging outstanding
individuals who distinguish themselves in
service to their community, and who serve as
1025
an inspiration to their family, friends and
peers; and
Whereas, Kimberly Ann Pressler of
Franklinville, New York, was crowned Miss USA
on Friday, February 5, 1999. As Miss New
York, USA, Kimberly Ann Pressler won this
esteemed Annual Pageant, which was held in
Branson, Missouri; and
Whereas, in winning the Miss USA
Pageant, Kimberly Pressler competed against 50
talented young women from across the nation
for the title and the opportunity to compete
for the title of Miss Universe.
Kimberly Pressler will go on to
represent the United States of America in the
Miss Universe Pageant this May in Trinidad and
Tobago.
In receiving this prestigious title
of Miss USA, Kimberly Pressler is the first
person to represent the State of New York in
both the Miss Teen USA and Miss USA Pageants.
Upon completion of her duties as
Miss USA next year, Kimberly Pressler plans to
resume her studies in the pursuit of attaining
and International Business Degree; and
1026
Whereas, Kimberly Pressler has
assumed the unique public relations role that
comes with being named Miss USA; she will use
her position to reach out to people and bring
greater public awareness to the treatments and
research of ovarian cancer; and
Whereas, Kimberly Pressler is also
a member of a loving family; her proud and
supportive parents, Master Sergeant Stanley
Pressler of Holloman Air Force Base, New
Mexico and Michelle Kersch of Franklinville,
New York; her stepmother, Debbie Pressler, as
well as her brothers and sisters, Jill,
Richard, April and Ryan, share in her
excitement over the opportunities presented by
this esteemed award.
This outstanding young woman who
has accomplished so much and is graced with
talent and intelligence as well as a belief in
herself and humankind, will serve as a role
model for young people and an exceptional
representative of New York State as well as
the United States of America; her message of
hard work, commitment and person
responsibility presents a timely lesson to the
1027
youth of today; now, therefore, be it.
Resolved, That this Legislative
Body pause in its deliberations to commend
Kimberly Ann Pressler upon being crowned Miss
USA 1999; and wish her continued success as
she represents the State of New York and the
United States of America in the upcoming Miss
University Pageant; and be it further
Resolved, That a copy of this
Resolution, suitably engrossed, be transmitted
to Kimberly Ann Pressler of Franklinville, New
York, along with our sincere best wishes and
congratulations.
THE PRESIDENT: Senator McGee.
SENATOR MCGEE: Thank you, Madam
President. It gives me great pleasure to
stand and introduce today Miss USA, Kimberly
Ann Pressler, from Franklinville, New York.
As a neighbor of Kim's, as she was
growing up, I found her to be lovely young
lady. And I have found that through the years
she was grown even more beautiful, with poise
and the ability to become a great spokesperson
for not only the State of New York, but for
the United States in general, as she moves
1028
forward to participate in the Miss Universe
competition.
She has chosen as her charge the
task of bringing public awareness to the
people of public -- of ovarian cancer. And I
think that in itself is a huge, tremendous
task. And I'm very pleased to do that.
But I think one of the major
portions of this resolution, that we just
read, does say to the fact that she is an
outstanding young woman. And that she has so
much talent and intelligence, and a belief in
herself and in humankind, that she serves as a
wonderful role model, not only for the young
people, but for the older people of New York
State. And she's an exceptional, exceptional
representative for New York State. And she
shows hard work, commitment, and dedication to
reach a goal that she has looked forward for a
number of years.
I'm just absolutely delighted to
introduce my neighbor and the former Miss New
York State, and now presently the Miss USA,
Miss Kimberly Ann Pressler, of Franklinville,
New York.
1029
Kim.
(Applause.)
THE PRESIDENT: The question is
on the resolution. All in favor signify with
by say aye.
(Response of Aye.)
THE PRESIDENT: Opposed nay.
(No response heard.)
THE PRESIDENT: The Resolution is
adopted. And as President of the Senate, I
extended to you all the courtesies of the
House and a sincere congratulation.
Senator Skelos.
SENATOR SKELOS: Madam President,
at this time could we have the reading of the
non-controversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
108, by Senator Nozzolio, Senate Print 642, an
act to amend -
SENATOR PATERSON: Lay aside for
the day.
THE PRESIDENT: The bill is set
aside -- laid aside. Excuse me, for the day.
1030
THE SECRETARY: Calendar Number
168, by Senator Skelos, Senate Print 966, an
act to amend the Penal Law, in Relation to
Sentencing.
SENATOR PATERSON: Lay aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
183, by Senator Libous, Senate Print 2085, an
act to amend the Penal Law, in Relation to
Increasing the Penalties for Repeat
Convictions.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4, This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes -
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Madam President,
I was just flustered about a moment in the
corner there. I actually meant to speak on a
1031
different bill.
THE PRESIDENT: All right. The
Secretary will announce the results.
THE SECRETARY: Ayes 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
209, by Senator Spano, Senate Print 1257, an
act to amend the Social Services Law, in
Relation to Inquiring -- Requiring
Investigation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Second 3, this
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
232, by Senator Meier, Senate Print 2586, an
act to amend the Real Property Tax Law, in
Relation to adding the Town of Montague in
Lewis county.
1032
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect on the 1st day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
236, by Senator Lavalle. Senate Print 2475.
SENATOR PATERSON: Lay aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
249, by Senator Stafford, Senate Print 734, an
act to authorized the Village of Saranac Lake,
County of Franklin, to Discontinue.
THE PRESIDENT: A home rule
message is at the desk. Read the last
section.
THE SECRETARY: Section 3, This
act shall take effect immediately.
1033
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
259, by Senator Goodman, Senate Print 1103, an
act to amend the Transportation Law, in
Relation to Disclosure.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, This
act shall take effect on the 120th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55. Nays 1.
Senator Kuhl recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
260, by Senator Farley, Senate Print 2289, an
act to amend the Vehicle and Traffic Law, in
relation to allowing a combination of vehicles
to be operated.
THE PRESIDENT: Read the last
1034
section.
THE SECRETARY: Section 2, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
262, by Senator Kuhl, Senate Print 2765, an
act to amend the Highway Law, in relation to
the temporary discontinuance of snow and ice
removal.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
279, by Senator Skelos, Senate Print 114, an
act to amend the Domestic Relations Law and
1035
the Penal Law in relation to the suspension
and revocation of a firearm license.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
non-controversial reading of the calendar.
SENATOR SKELOS: Madam President,
if we could go on to the controversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
168, by Senator Skelos, Senate Print 966, an
act to amend the Penal Law, in relation to
sentencing of persistent, violent felony
offenders.
SENATOR PATERSON: Just an
explanation for the benefit of Senator
1036
Schneiderman, is that correct?
THE PRESIDENT: All right.
Senator Skelos, an explanation has been
requested.
SENATOR SKELOS: Madam President,
this bill amends the Penal Law to require that
a defendant who has been separately convicted
and sentenced for three or more violent
felonies, and it was determined by the Court
to be a persistent, violent felony offender,
be sentenced to life in prison without parole.
THE PRESIDENT: Read the last
section.
Senator Schneiderman.
SENATOR SCHNEIDERMAN: Madam
President, on the bill, I understand that this
is an effort to be as tough as we possibly can
over -- again, on the issue of violent crime.
I have to rise to comment, though, that on
Saturday, in Asheville, North Carolina, a
tremendously powerful boom exploded in a
family planning clinic. And there -- damage
was averted only because most of the boom
didn't not actually detonate.
I think that if we are going to be
1037
tough on time, it's about time for us to move
on the clinic anti-violence bill.
And I would urge that that be the
next matter that we take up when we're trying
to be tough on violent felons. Thank you.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President. I think I will speak during the
roll.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Second 4, this
Act shall take effect on the 1st day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Duane to
explain your vote.
SENATOR DUANE: Thank you, Madam
President. I'm concerned that this law would
take away too much discretion from judges and
district attorneys.
And I'm afraid that we may end up
sending people away for life for minor crimes
that somehow end up being labeled as violent
1038
offenses.
I think we all want to see
hard-core violent criminals face appropriate
punishment, but I have faith that D.A.s and
judges will be able to do their jobs justly,
and I will be voting in the negative on this.
Thank you.
THE PRESIDENT: Senator Duane
will be recorded as voting in the negative.
Read the last section.
Call the roll.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 168 are
Senators Duane, Mendez, Sampson, Schneiderman,
Seabrook, Smith and Waldon.
Ayes -- also Senator Paterson.
Ayes 48. Nayes 8.
THE PRESIDENT: The Bill is
passed.
Senator Skelos, that completes the
controversial reading of the calendar.
SENATOR SKELOS: Is there any
housekeeping at the desk, Madam President?
1039
THE PRESIDENT: No, Senator,
there is not.
SENATOR SKELOS: There being no
further business, I move we adjourn until
Tuesday, March 16th, at 3 p.m. sharp.
THE PRESIDENT: On motion the
Senate stands adjourned until Tuesday, March
16th, at 3 p.m.
(Whereupon, at 3:35 p.m., the
Senate adjourned.)