Regular Session - May 19, 1999
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NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 19, 1999
11:41 a.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: I 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.)
ACTING PRESIDENT MEIER: The
invocation will be offered by Reverend Peter
G. Young of Blessed Sacrament Church in Bolton
Landing.
REVEREND YOUNG: Dear Lord, we
ask You to bless these Senate members for
their continued strength and health. We honor
Senator Marchi for his longevity in this house
and on his birthday, and Senator Paterson, for
their good work.
We also ask Your blessing on all
the staff that are so capably handling the
details of this legislative body. We thank
all of our constituents that present their
concerns and insights on issues that will
enrich New York State and the lives of our
citizens.
We thank You, O God, for Your
ongoing protection and guidance, but most of
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all, God, we thank You and ask You to keep us
mindful that we are in Your service while on
this earth.
Amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Tuesday, May 18th, the Senate met pursuant to
adjournment. The Journal of Monday, May 17th,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MEIER: Without
object the Journal stands approved as read.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if I could just interrupt for a moment, there
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
ACTING PRESIDENT MEIER: There
will be an immediate meeting of the Rules
Committee in the Majority Conference Room.
Senator Skelos.
SENATOR SKELOS: Continue then.
ACTING PRESIDENT MEIER:
Presentation of petitions.
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Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Marcellino.
SENATOR MARCELLINO: Thank you,
Mr. President.
Mr. President, on page number 56, I
offer the following amendments to Calendar
Number 1023, Senate Print 4243, and ask that
said bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendment is received and the bill will retain
its place on Third Reading Calendar.
Senator McGee.
SENATOR McGEE: Mr. President, I
believe there is a privileged resolution at
the desk by Senator Bruno. May we please have
the title read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
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Secretary will read.
THE SECRETARY: By Senator Bruno,
Legislative Resolution Number 1472, honoring
the past and present members of the Jonesville
Volunteer Fire Department for 80 years of fire
protection to the citizens of Jonesville, New
York, and its surrounding communities.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT MEIER: Opposed
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator McGee.
SENATOR McGEE: Mr. President, may
we please take up the privileged Resolution
Number 1467, by Senator Meier. May we have
the title read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator Meier,
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Legislative Resolution Number 1467, commending
Virginia Elizabeth K. Hickey for her 34 years
of ceaseless dedicated service to the Women of
Rotary, Utica, New York.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT MEIER: Opposed
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator McGee.
SENATOR McGEE: Mr. President, may
we please take up privileged resolution 1468
by Senator Meier. May we have the title read
and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator Meier,
Legislative Resolution Number 1468, commending
Ruth Walker for her 50 years of ceaseless
dedicated service to the Women of Rotary,
Utica, New York.
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ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT MEIER: Opposed
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator McGee.
SENATOR McGEE: Mr. President, may
we please take up privileged Resolution 1469,
by Senator Goodman. May we have the title
read and move for its immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Goodman, Legislative Resolution Number 1469,
recognizing the dedication of a Memorial
Sculpture in honor of Jacob K. Javitz.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT MEIER: Opposed
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nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator McGee.
SENATOR McGEE: At this time may be
please have the non-controversial reading of
the calendar.
ACTING PRESIDENT MEIER: The
Secretary will reads the non-controversial
calendar.
THE SECRETARY: Calendar Number
261, by Senator Bonacic, Senate Print 2324-C,
an act to amend the Public Authorities Law, in
relation to ceremonial designation of a
certain bridge.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
ACTING PRESIDENT MEIER: The bill
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is passed.
THE SECRETARY: Calendar Number
347, by Senator Lack, Senate Print -
SENATOR McGEE: Lay the bill aside
for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
420, by Senator Maltese, Senate Print 2613, an
act to amend the Penal Law -
SENATOR DOLLINGER: Lay the bill
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
515, by Senator Rath, Senate Print 4205, an
act to amend the General Municipal Law, in
relation to compensation.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes 47.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
554, by Senator Volker, Senate Print 3106-A,
an act to amend the Penal Law, the Criminal
Procedure Law and the Family Court Act.
SENATOR DOLLINGER: Lay it aside
laid.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
626, by Senator LaValle, Senate Print 2854, an
act to establish the Eastport volunteer exempt
firefighter's benevolent association.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
ACTING PRESIDENT MEIER: The bill
is passed.
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THE SECRETARY: Calendar Number
635, by Senator Marcellino, Senate Print 1323,
and act to amend the Vehicle and Traffic Law
in relation to the enforcement of the offense
of operating a motor vehicle.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 46, nays 1.
Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
682, by Senator Stafford, Senate Print 3022,
an act to amend Chapter 672 of the laws of
1993, amending the Public Authorities Law.
SENATOR PATERSON: Lay the bill
aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
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THE SECRETARY: Calendar Number
693, by Senator Volker, Senator Print 4616-A,
an act to amend the Alcoholic Beverage Control
Law, in relation to alcohol training awareness
programs.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
bill shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
730, by Senator Rath, Senate Print 4668, and
act to amend the County Law and the Education
Law, in relation to interagency human services
initiatives.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
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roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar number
732, by Senator Saland, Senate Print 1012, an
act to amend the Criminal Procedure Law and
the Executive Law, in relation to authorizing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
October.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
792, by Senator Wright, Senate Print 4258-A,
an act in relation to adjusting certain state
aid payments.
ACTING PRESIDENT MEIER: There is
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a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
862, by Senator Alesi, Senate Print 4690, an
act to amend the Executive Law, in relation to
establishing a program.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 48, nays 2.
Senators Duane and Marcellino recorded in the
negative.
ACTING PRESIDENT MEIER: The bill
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is passed.
THE SECRETARY: Calendar Number
924, by Senator Stafford, Senate Print, 3846,
an act to amend the Executive Law, in relation
to the emergency management assistance
compact.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1021, by Senator Goodman, Senate Print 4153,
an act to amend the Tax Law and the
Administrative Code of the City of New York,
in relation to seizure and forfeiture.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
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ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1022, by Senator DeFrancisco, Senate Print
4239, an act to amend Chapter 679 of the laws
of 1992.
ACTING PRESIDENT MEIER: There is
a home real message at the desk. Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll. )
THE SECRETARY: Ayes 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1025, by Senator Goodman, Senate Print 4282,
an act -
SENATOR DOLLINGER: Lay it aside.
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ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
1026, by Senator Goodman, Senate Print 4434,
an act to amend the Alcoholic Beverage Control
Law, in relation to wineries and farm
wineries.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1076, by Senator Libous, Senate Print 4658, an
act to amend the Mental Hygiene Law, in
relation to the appointment of directors of
community services.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
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act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee, that completes the
reading of the non controversial calendar.
Senator DeFrancisco.
SENATOR DeFRANCISCO: I would
request unanimous consent to be recorded in
the negative on calendar 515.
ACTING PRESIDENT MEIER: Without
objection, Senator DeFrancisco will be
recorded in the negative on calendar 515.
Senator McGee.
SENATOR McGEE: Mr. President, may
we please return to reports of standing
committees. I believe there is a report of
the Rules Committee at the desk.
ACTING PRESIDENT MEIER: Before
we do that, Senator McGee, I'm sorry I didn't
notice Senator Marcellino.
SENATOR MARCELLINO: Mr.
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President, may I have unanimous consent to be
recorded in the negative on calendar 1025.
ACTING PRESIDENT MEIER: Calendar
1025 was laid aside, Senator.
Senator Fuschillo.
SENATOR FUSCHILLO: No.
ACTING PRESIDENT MEIER: Senator
McGee.
SENATOR McGEE: Mr. President, may
we please return to reports of standing
committees. I believe there is a report of
the Rules Committee at the desk.
ACTING PRESIDENT MEIER: We will
return to the order of reports of standing
committees. The Secretary will read.
THE SECRETARY: Senator Bruno
from the Committee on Rules reports the
following bills direct to third reading:
Senate Print 5605, by Senator Balboni, an act
to amend the Penal Law.
Senate Print 5606, by Senator Rath,
an act to amend the Penal Law; and.
Senate Print 5610, by Senator
Nozzolio, an act to amend the Penal Law.
ACTING PRESIDENT MEIER: Senator
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McGee.
SENATOR McGEE: Mr. President, I
move to accept the report of the Rules
Committee.
ACTING PRESIDENT MEIER: The
question is on the motion to accept the report
of the Rules Committee. All those in favor,
signify by saying aye.
(Response of Aye.)
ACTING PRESIDENT MEIER: Opposed
nay.
(No response.)
ACTING PRESIDENT MEIER: The
report is accepted.
Senator McGee.
SENATOR McGEE: Mr. President, may
we please take up calendar 1081, S-5605.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1081, by Senator Balboni, Senate Print 5605,
an act to amend the Penal Law, in relation to
enacting the anti-weapons of mass destruction
act.
ACTING PRESIDENT MEIER: Read the
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last section.
Senator Dollinger, why do you rise?
SENATOR DOLLINGER: Mr.
President, I just note, we just received the
bill which has Senator Nozzolio's name on it
but I don't believe the bill from Senator
Balboni is at our desks yet, if we could just
wait a minute until it actually gets passed
around.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Instead of
waiting, why don't we just ask Senator Balboni
for an explanation rather than reading it in
print we can hear his eloquence.
ACTING PRESIDENT MEIER: Senator
Balboni, an explanation has been requested of
your bill by Senator Paterson.
SENATOR BALBONI: Thank you, Mr.
President.
This bill creates the anti-weapons
of mass destruction act for the State of New
York. It is a dramatic title and the question
that obviously arises is why do this bill now.
In 1993 we began to have the first
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incidents of terrorism not only in this nation
but in our state. The World Trade Center
bombing, though not an instrument of bio or
chemical terrorism or a nuclear deice, it none
the less showed the vulnerability of our major
public facilities to these types of terrorist
attacks. And the nature of terrorism, Mr.
President, is changing. The old terrorism
used to focus on what was referents to as lots
of headlines but not lots of bodies. That has
now changed to an utterly ruthless terrorism
where it seems that the goal is to kill as
many people as soon as possible and sometimes
not even take credit for the ultimate goal
being to destabilize the nation against which
the attack has been taken place.
Look to March of 1995 and the Tokyo
subway systems where the Shinri Kyo sect
unleashed nerve gas into the subway killing 12
people and injuring 5100 people. And it was a
botched attempt, Mr. President, which was
designed to kill millions more.
And of course the Oklahoma City
bombing. These acts are not the stuff of
fiction writers. These are acts that have
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occurred and unfortunately herald for us a new
period of our history.
Recently I met with members of the
Majority Leader's staff, Senator Bruno's staff
and my staff, with a gentleman by the name of
Gerry Howard. Gerry Howard is the director of
the Mayor's Office of the City of New York
Emergency Management and he is a consultant to
the Marine Corps for their chemical biological
incident response force. Mr. Howard was
talking about the vulnerability of the
watershed for the state and when he described
the availability of biological agents and
chemical agents and their destructive
capacity, it was a chilling meeting indeed.
As a result of that meeting my staff and I
took a look at the Penal Law and were
surprised to find that there were no statutes
in place to deal with this threat. This bill
creates a new Section 150 of the Penal Law,
Section 05 creates definitions of what is
considered to be a weapon of mass destruction.
It sets out the list that copies the federal
registry as to those agents which comprise the
chemical agents and biological agents and also
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includes nuclear agents. And then sets up the
first crime under Section 10 of the bill,
which creates the crime of possession of
either the material to make or the components
to make or the methods to disburse a weapon of
mass destruction, or and with the intent to
use same. The second section creates the law
of possession and use of a weapon of mass
destruction in the second degree, which is a B
felony. And specifically directs that an
individual -
ACTING PRESIDENT MEIER: Excuse
me a second, Senator Balboni, could we have
some order in the house, please?
Thank you, Senator, you may
proceed.
SENATOR BALBONI: Thank you, Mr.
President.
An individual who uses a weapon of
mass destruction with the intent to injure but
doesn't necessarily injure anyone is guilty of
a B felony, and finally, the possession and
use of a weapon of mass destruction in the
first degree, which would create -- is an A-1
felony and this would be the use -- the
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possession and use of a weapon of mass
destruction with resulting injury or death.
Mr. President, the risk of dealing
with these issues right now is that you don't
want to set off alarms. You don't want to
have a situation where people over dramatize
the situation. There is nothing out there now
which tells us that we are in threat of this
type of an attack. However, the Clinton White
House has a continuing emergency presidential
edict that says that we must consider all
types of chemical and biological attacks they
consider a serious threat. And frankly, the
words of Confucius and Shakespeare should be
listened to, "If a man takes no thought about
what is distant he will find sorrow near at
hand." Or, "By the prickling of my thumb,
something wicked this way comes."
Hopefully enacting this statute
will provide us with the basis to deal with
these terrorist acts before they occur.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Would the
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noted student yield for a question?
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield to a question from
Senator Paterson?
SENATOR BALBONI: Yes, I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: Senator, as
you are probably aware, and this legislation
comes at a very opportune time for us, last
Thursday I believe, there was a 911 call to
the New York City police that there were what
would probably fit in this legislation as
weapons of mass destruction, chemicals that
were being kept in a brownstone in Brooklyn.
And the entire block had to be evacuated for
about eight to ten hours because of this
situation. And yet in the end there was a
possession of a really, a rather small amounts
of the chemicals, but in spite of the fact
that the possession, the actual amount was not
very great, the intend was clear just by the
nature of the possession and so my question to
you is how have you in this legislation dealt
with the issue of quantity as opposed to the
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fact that just any quantity at all, even a
scintilla, represents an intent.
SENATOR BALBONI: Actually the
issue itself is even more complex than that.
Many of the chemicals that are used to
manufacture nerve agents are the same types of
chemicals that are used to produce plastics
and foodstuffs.
There is obviously a industrial use
that is lawful and permitted and therefore you
can not ban these elements being manufactured
and put into the stream of commerce. But that
is why the statute focuses on the intent. And
the nature of both, particularly the
biological agents, you don't focus on quantity
but rather you focus on intent and you give
the prosecutors the ability to discern from
the entire fact pattern as to whether or not
an individual was attempting to assemble and
utilize a weapon of mass destruction.
When you consider botulism,
botulinus, several teaspoons in a huge body of
water, huge body of water, like the watershed,
would be enough to poison many hundreds and
hundreds of thousands individuals. So
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quantity in and of itself is not the
determinant factor.
The fact is whether or not based
upon the threat assessment from the Federal
Bureau of Investigation and the military
whether or not these items, in the quantities
possessed by the individual and whether or not
th individual had the intent in fact creates
the actually mens rea to produce the
conviction.
I hope that answers your question.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Will the
Senator yield to a couple of questions?
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield?
SENATOR BALBONI: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Senator, I
just want to ask you a couple questions about
some of the incidents you refer to which are
part of our history here. The World Trade
Center bombing, how would this bill effect the
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World Trade Center bombing?
SENATOR BALBONI: I think if you
listened to my opening comments, though it was
not a weapon of mass destruction necessarily
prescribed in this, because as you know, under
the Penal Law explosives are already covered,
and we -- this law, what it does, is it
doesn't go back over old ground. The Penal
Law as it is currently constituted effects
explosives and prohibits their use and
therefore the World Trade Center bombing would
not necessarily be impacted under this
statute.
SENATOR DOLLINGER: Okay.
SENATOR BALBONI: But
nonetheless, the reason why I mentioned it is
because it highlights the vulnerability of a
major facility in one of the worlds most
populace cities.
SENATOR DOLLINGER: Again,
through you, Mr. President, if Senator Balboni
will continue to yield.
ACTING PRESIDENT MEIER: Senator
Balboni, do you continue to yield?
SENATOR BALBONI: Yes, I do.
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ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: But this bill
doesn't really deal with vulnerability. This
does not build in or make our buildings or our
schools or our college campuses or this
building here, it doesn't make it any less
vulnerable. It punishes and creates a
standard punishing people who are involved in
these deadly agents, right? It doesn't effect
vulnerability. It doesn't make us any safer?
SENATOR BALBONI: Well no.
Actually what it does is it recognizes the
fact that here is a new -- there are new
weapons of terror that we have not
contemplated before hand. The World Trade
Center bombing involved the use of a van
packed with explosives.
SENATOR DOLLINGER: There were
actually -- again, through you, Mr. President,
they were actually fertilizer explosives, were
they not?
SENATOR BALBONI: Yes. And the
same with the Oklahoma City bombing. But
nonetheless, that is a bulky substance that
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can not be carried by an individual to have
the kind of force and effect.
In terms of actual killing potency
ricin, VX gas, the Marburg virus, they have 20
to 30,000 times greater killing capacity. And
when you consider the amount of substance that
you actually have to bring in, the ability to
detect and prevent these types of viruses and
agents from getting into our country and out
of state is much more difficult than with
explosives. So what this bill does, it
recognizes that and raises to the highest
penalty we can have in recognition of that
fact.
SENATOR DOLLINGER: Again,
through you, Mr. President, if Senator Balboni
will continue to yield.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield.
SENATOR BALBONI: Yes.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Our
watersheds and our access to public building
are vulnerable, correct?
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SENATOR BALBONI: Actually, you
take a look, there is the Kennedy Report, the
River Keeper Report, which talked about
vulnerability of the watershed. When I spoke
with Mr. Howard we spoke specifically of the
types of agents that could be used. But if
you take a look over history, the
vulnerability of the New York City watershed
has been spoken about or over 40 years. And
in fact the true vulnerability comes not so
much from the introduction of a chemical or
biological agent into the water, but rather,
the use of explosions at critical junctures of
the water delivery system, which would be far
more devastating in terms of the ability of
individuals to survive in the City of New
York.
Now, I don't want to get too
hysterical on this stuff, and like I said,
this is the type of thing that the military,
the Federal Bureau of Investigation, the City
of New York have all been working incredibly
hard and there have been literally billions of
dollars now allocated to this fight to make
sure that our watershed remains safe and pure.
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SENATOR DOLLINGER: Again,
through you, Mr. President, if Senator Balboni
will continue to yield?
ACTING PRESIDENT MEIER: Senator
Balboni, do you continue to yield?
SENATOR BALBONI: I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: My question
is this: Whatever the vulnerability we have
in New York for water supplies, I assume that
that vulnerability exists throughout this
world. Everybody's water supply is
potentially threatened by these agents, and my
question is, has anyone on this planet ever
been subjected to a terrorist act involving
the introduction of any of these chemical
agents into their water supply, anybody, ever?
SENATOR BALBONI: In 1986 the New
York City Police Department responded to a 911
call where they found a package of plutonium
in the watershed. It was in a package that
had not been -- that was lead contained and
there had been no release of the radioactive
agents. However, that surely, if done
3165
properly, could have been the harbinger of a
great amount of contamination.
SENATOR DOLLINGER: Okay, but
again, let me ask the question as a good trial
lawyer would.
ACTING PRESIDENT MEIER: Senator
Balboni, do you yield to another question?
SENATOR BALBONI: Yes.
SENATOR DOLLINGER: Excuse me,
Mr. President.
Has anybody ever been hurt by the
introduction -- anybody ever been hurt
anyplace in this planet by the introduction of
these materials into the water supply of any
of country on this plant that you are aware
of, that actually hurt somebody?
SENATOR BALBONI: No, that I am
aware of, no.
SENATOR DOLLINGER: If we could,
lets just turn to a couple quick definitions
so I make sure I understand this.
Let me ask one in particular. Does
this bill contain a military use exception?
Because I am sure you are aware that we have
military bases in this country which may have
3166
some of these chemical weapons, it is not
disclosed by the Department of Defense, but
may have some of the chemical agents that are
in here. Is there a military use exception in
this bill so that we don't make members of the
military into criminals under this statute?
SENATOR BALBONI: The over all
component of the statute talks about lawful
purpose, lawful use.
SENATOR DOLLINGER: Where's that,
if I could?
SENATOR BALBONI: If you look at
weapons of mass destruction, the definition
itself.
SENATOR DOLLINGER: Yup.
SENATOR BALBONI: Okay. I'm
sorry go to line 31 of page 3, "Knowingly
without lawful authority." That would cover a
military exception.
SENATOR DOLLINGER: But there is
no specific military exception here, is there?
SENATOR BALBONI: You don't need
it.
SENATOR DOLLINGER: Okay. I
would suggest that we might take a look at
3167
that if this bill goes through another
iteration so we don't make our military people
into offenders.
SENATOR BALBONI: Senator
Dollinger, Mr. President, may I ask Senator
Dollinger a question?
ACTING PRESIDENT MEIER: You have
the floor, Senator.
SENATOR BALBONI: Do you know of
any prosecution on this planet or in this
state or in this nation where a military
individual was prosecuted for the use of a
chemical in the production of military grade
weapons as a result of a penal statute?
SENATOR DOLLINGER: Mr.
President, I would be glad to respond. I
regard that just as likely, given the history,
as the fact that somebody would introduce
these agents into the water supply system.
Never happened before. Never has anybody been
hurt by it.
I guess it is just as likely as the
fact that somebody might do what your trying
to ban.
SENATOR BALBONI: Mr. President,
3168
would Senator Dollinger yield to a question?
SENATOR DOLLINGER: Mr.
President, I thought I -
ACTING PRESIDENT MEIER:
Gentlemen, just for the purposes of -
gentlemen, we go through the chair here.
Gentlemen for the purpose of a clarification,
Senator Balboni is explaining his bill. He
has the floor so Senator Balboni is yielding
to Senator Dollinger for questions. So,
Senator Balboni.
SENATOR DOLLINGER: I believe
that you would agree with me that wouldn't it
be nice if this Legislature could act
prophylactically, act ahead of time. Act
before there is an incident. And it is not
so much flights of fancy. Talk to the
biochemical experts in the military and the
City of New York. They tell us that this is
reality. That the potential -- and here's
what's happening. The technology is getting
easier. Do you know why? Because of the
internet. It is not just bomb making plans
that you find on the internet. It is also
information relative to these types of agents
3169
and their utilization.
Remember, the Tokyo subway killings
were a botched attempt but yet killed 12
people and injured 5100. They were designed
to kill millions. In addition to which, in
1997 a man was stopped in Oklahoma. He had
20,000 rounds of ammunition, four guns and
enough ricin, which is made from castor beans,
to kill millions. It is out there. The
question becomes, do we wait for specific
incidents or do we try to put this on the
books now.
SENATOR DOLLINGER: Through you,
Mr. President, if Senator Balboni will
continue to yield.
ACTING PRESIDENT MEIER: Senator
Balboni, do you continue to yield?
SENATOR BALBONI: Yes, I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Given the
prevalence of organic fertilizer in the World
Trade Center bombing and in the bombing in
Oklahoma City, why wouldn't you include them
as an organic part of the weapons of mass
3170
destruction? They have the same organic -
it is organic fertilizer, or chemical
fertilizer. It is clearly the weapon of mass
destruction when you want to blow something
up. Why wouldn't you include it in here to
make that an offense as well, that the
unlawful possession of large amounts of
chemical fertilizer is clearly, based on our
experience in this country, a far greater
threat to the people of this nation and of
this state than the other threats that you
talk about, which are threats but not at the
same level. Why isn't fertilizer included?
SENATOR BALBONI: Because there
is a component for explosives. You could
argue the same way that the gasoline product
made from corn, I forget what they call it
now, but that that in itself is an organic
product and that too should be put on a list
because that can be used as a component to
make explosives.
The point here is that these are
not items, again, that are on the Federal
Registry and talk about these types of agents
because they will result in explosions. These
3171
are agents that kill by themselves.
Fertilizer does not kill by itself. It must
be put into other components. The point here
is that these agents are so deadly and require
such minute amounts to be effective that they
deserve attention by themselves as opposed to
-- and the most severe treatment our penal law
system can up with.
SENATOR DOLLINGER: Mr.
President, excuse me, again through you, two
other quick questions.
ACTING PRESIDENT MEIER: Senator
Balboni, do you continue to yield?
SENATOR BALBONI: Yes, I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: What I
understand you are saying, Senator Balboni, is
that the possession of one of these agents in
a small quantity, can, in the hands of the
wrong person, cause many deaths in a single -
in a short period of time. Is that correct?
SENATOR BALBONI: It depends how
it is disbursed. It depends how it is
introduced. For example VX gas, VX gas -
3172
SENATOR DOLLINGER: Made famous
by the rock, right?
SENATOR DOLLINGER: By the rock,
exactly. Will have immediate implications,
causing death within 24 hours. However,
anthrax will cause death over five days. So
there is a great difference when you consider
not only the effect but the potential.
And by the way, anthrax is much
deadlier in terms of overall killing potential
to gram weight than VX gas.
SENATOR DOLLINGER: Final
question, Mr. President.
ACTING PRESIDENT MEIER: Senator
Balboni, do you continue to yield?
SENATOR BALBONI: Yes, I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: This bill
will create a class of weapons of mass
destruction that effects only the state of New
York. Should this be done on the federal
level? Isn't this more appropriate to be done
on the federal level? Why should we do it on
the state level?
3173
SENATOR BALBONI: There is
already a federal register that refers to this
and lists these items. It is in multi-state
jurisdictional issues. The federal government
does have jurisdiction and in fact if you are
not on the registry for the Center for Disease
Control and you posses these items you are in
violation of federal statute. So though it
does not specifically detail these types of
items like we do in this package, nonetheless,
the federal laws amply delineate it.
SENATOR DOLLINGER: Thank you.
Mr. President, on the bill.
ACTING PRESIDENT MEIER: Senator
Dollinger on the bill.
SENATOR DOLLINGER: Senator
Balboni, you couldn't give, in your eloquence,
a better explanation of why we ought to get
rid of weapons of mass destruction. And do
you know what the weapon of mass destruction
is in America today? The one that is killing
people in my city every single day? It is not
a hypothetical death. It is not something
that may happen some day, it is happening
today. They are called assault weapons.
3174
And let me explain to you, Senator
Balboni, we have been told in this house that
we shouldn't do it in New York State because
they are already doing it at the federal
level. You gave a perfect explanation as to
why we ought to do it here.
I quote Senator Balboni. "The
federal government is already doing it but we
ought to do it here to protect the people in
our state." Why can't we do that with assault
weapons. He said, "These are the new weapons
of terrorism." They may be the new weapons of
terrorism. I agree they are the new weapons
of terrorism, but they have not killed anyone
yet.
The weapons of terrorism that are
killing people, killing the people where I
live, killing the people where you live, are
called assault weapons.
We don't do that here, but we are
going to do this. He then says, this is the
new technology. The technology is easy. You
can buy them off the internet. You can buy
assault weapons off the internet. You can buy
guns off the internet and we do nothing about
3175
that, but we are going to take care of the
dragon, the mythical dragon, the dragon that
we should be afraid of. It is flying around
out there. It is called chemical weapons.
They could kill us. Nobody has been killed
yet but there is this big dragon flying around
and it is going to create this big threat to
us. And the real threat is sitting here in
weapons and guns.
Mr. Balboni, Senator Balboni,
properly says this is something that is used
by a single person, put in the wrong hands of
a single person these chemical weapons could
kills lots of people. So can assault weapons.
Go to Littleton, Colorado. Go out
to California to the school yard where a guy
with an AK-47 cleaned out nine people. This is
the reason I am going to vote in favor of this
bill. I am going to vote in favor of this
bill even though no one has died yet because I
want to protect the people of this state. I
would just suggest to you that every one who
wants to protect the people of this state
ought to take Senator Balboni's remarks, apply
them to the thing that is killing our people,
3176
assault weapons, and lets get rid of those.
Here we are slaying the 21st
century dragon and we won't even deal with the
one at the end of the 20th.
ACTING PRESIDENT MEIER: Senator
Goodman.
SENATOR GOODMAN: Two days after
the World Trade Center bombing I, as chair of
the Senate Investigations Committee, went to
the World Trade Center with my staff and
inspected the damage that was done by the bomb
that had been brought into that building as
was earlier explained in the passenger section
of a van.
I can not describe to you except to
have you visualize in this chamber the nature
of the hole that that explosion created.
Visualize, if you will, the Senate chamber and
go up to twice its height and half of its
depth and that will give you an idea of the
hole that was created in the World Trade
Center. Which, if it had not been constructed
in a certain way with its support structures
on the outside periphery of the call it the
vertical shoe box, if you will, would have
3177
been toppled.
If this bomb had gone off in any
other building in the City of New York it
would have broken it in half and it would have
toppled the building.
My friends, the threat of terrorism
which Senator Balboni has so appropriately
sketched for us in this morning's debate is
one that is very, very real indeed and should
not be lightly dismissed. This has nothing to
do with assault weapons, Senator. Your
eloquence in that regard is nice but it
doesn't seem to me is quite on point. You are
trying to diminish the significance of Senator
Balboni's statement to us, I think, by making
it clear that in your view it is insignificant
in terms of its attack upon individual people,
but the fact of the matter is, my friends,
that we have had specific examples of
terrorism of a very frightening type. This
happened to be a bomb, but it could be any
number of other things and your Investigations
Committee of this Senate issued a report
creating a clarion cry of warning to say that
there are many different types of terrorism
3178
which could attack masses of people, hundreds
of thousands of people in any one incident.
So Senator Balboni is right on the bullseye of
this target. His bill makes complete sense.
It carries with it deterants which is highly
significant. And I urge you, please, do not
overlook the message he has left with us. It
is an eloquent one and one that we would be
well advised to take with the upmost
seriousness.
ACTING PRESIDENT MEIER: Senator
Volker.
SENATOR VOLKER: Mr. President, I
didn't intent to speak because -- but after
Senator Dollinger's statement, I have to say
to you, Senator Dollinger, you have never been
less right on the floor of this Senate. I do
not know if you just saw an article that was
in the New York Post about so-called assault
weapons. Two people in New York City were
killed in 1997 with so-called assault weapons,
and these, by the way, these assault weapons
are really semiautomatic that they call them,
actually they are small -- for the most part
they are just small weapons that shoot one
3179
time, two times, three times. Nonsensical
talk about assault weapons, 93 people were
killed with fists and clubs.
The reason this is -- I reason that
we should realize something. Littleton,
Colorado really had nothing to do with the
weapons involved. There were 17 violations of
the law involved there. All of the guns
except one was totally illegal. The two sawed
off shotguns, clearly illegal. The so-called
TEK-9 was banned a long time ago by the Brady
Bill. But more than that, the reports on how
it was done and so forth was wrong. In fact,
the gun apparently misfired all sorts of
times. Most of the people, by the way, some
of the people were killed by pipe bombs. The
media has reported they were all killed by
guns. From what the autopsies -- we are
hearing from the internet is that some -- but
the biggest point there was that they intended
to kill a lot of people with pipe bombs, use
propane and all that sort of stuff, which is
exactly, by the way, what the problem is and
what is involved in this kind of bill. That
is, we are worried about the people who would
3180
use the chemicals that are available, the
munitions that are available as I call them,
which are in the long haul an extremely
serious problem.
The argument that we should somehow
wait until something happens is really I think
somewhat myopic. But more than that, I am a
former police officer. Am I concerned about
weapons on the streets? We always were. But
let me tell you, in talking to law enforcement
people, one after another after another all
says the same thing, Oh, Gee, it would be nice
if we didn't have so many of these things on
the street and so forth, but we know that no
law is going to really change that. In fact,
all it is going to do is make people believe
that somehow we have done something, which is
a huge problem in this country. We just pass
a bill and saying everything is okay.
The legislation that we have here
today, and I know a little about it, these
bills were one way or another in my committee,
are bills to deal with a real problem for the
future and right now.
The Littleton, Colorado reporting
3181
created havoc in many of our school districts
with reporting about bombs, about chemicals,
about all sorts of things. That's why these
bills are here because we have to send a
message to young people in particular who have
to face up to their responsibility. This
nonsense of saying, all these poor kids. Poor
thug kids that have to face up to their
responsibility and if they have to go to jail
and if they have to get the national penalties
it is going to have to be done because we can
not allow the kinds of things that are going
on in this country to go -- and I am talking
just about the threats if nothing else. But
Senator Balboni's bill deals with a lot more
then just the ordinary threats. Is there a
possibly this could happen? You bet your life
there is. Is his bill going to prevent it
all? No. But at least we are out there
saying that this sort of conduct is something
that we absolutely have to deal with in the
harshest fashion that we can in anticipation
that it could potentially happen just to make
sure as much as we can that we are out front
on these types of issues but threats or with
3182
the weapons of mass destruction or whatever it
is, this is not the media world of lets do
this. This is the real world. The real world
out there. These things are happening. The
real world. Not the world of, you know,
talking about all this stuff that most people
don't understand. You know, this is something
that if we do not do this we could face even
more serious problems in the future. And I am
not -- I realize that there is politics
involved in this. I understand all that. I
have been here a long time. I usually don't
get into this. But I would warn everyone here
that these are very serious problems.
And I will predict to you that
before this session is out, which may be a
little while, that some of these bills will
become law. The Assembly will do some. In
fact, I have been talking to the Assembly.
You may find that hard to belief. But I have
been talking with some people in the Assembly
and I believe at least several of these bills
ultimately, I am not saying just the way they
are, but will become law. And I just thought
I wanted to say that.
3183
Senator Balboni can certainly speak
for himself better than I can. But I just
thought it was important for me to say that.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I certainly appreciate what Senator Volker
just said because it is clear that we have to
pass legislation on all of these issues.
I thought Senator Balboni's bill
was excellent. We may not have had any
incidents that have actually gone to fruition,
but certainly there are some very sick members
of our society who have, at times, engaged in
the process that would bring us to such an
end, and that is why I am proud to support his
bill.
But I thought Senator Dollinger was
very right in what he said because Littleton,
Colorado, we are still getting all of the
information in on what happened in Littleton.
But in Arkansas, that was a situation where a
13 year old and a 12 year old used assault
weapons. They got the weapons from their
grandfather. There four children killed and a
3184
teacher that was killed. And I don't even
think that we need to be comparing the number
of deaths from different processes as much as
we have to recognize that we have got to in
some way address personalities in this country
that feel comfortable hearing about the use of
weapons of -- that can cause great harm, or
hearing about these very tragic incidents and
in any way emulating them, or copying them or
even in a kind of way just referring to them
in a negative light.
What I think was most important
about what Senator Dollinger was saying is
that we have concrete evidence of the use of
assault weapons in this state. There have
been victims that were created by their
improper use. And I think that it is most
appropriate that we legislate against all of
these weapons of mass destruction in all the
different forms that they are in. And it is
precisely the politics that is getting in the
way of this because if we all just stepped
outside this chamber and had a conversation
about it we all know in our hearts. We know
what many of these weapons do. Some of these
3185
weapons that Senator Dollinger is talking
about, there is no other purpose that they
would have than to cause mass fatality.
So therefore I think that if we put
aside all of the entities which we are forced
to respond we would certainly pass all of this
legislation today, for chemicals, for guns,
for these types of apparatus that in the wrong
hands can, in a very short period of time
victimize a lot of people.
So I would say that Senator
Dollinger can certainly speak for himself, but
I wanted to rise in support of him because I
think what he is saying is absolutely right.
It has been a campaign he has waged for a
number of years and it is one that I predict
we will listen to one day and perhaps prevent
something from happening by the action we take
in this chamber.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect in 90 days day.
ACTING PRESIDENT MEIER: Call the
roll.
3186
(The Secretary called the roll.)
ACTING PRESIDENT MEIER: Senator
Dollinger to explain his vote.
SENATOR DOLLINGER: I am going to
vote in favor of it. I appreciate the
comments of Senator Volker, and I agree this
is a bill that we need to do. No question
about it. I would point out to Senator Volker
however, while two people were killed with
assault weapons in New York City last year,
that is two more than were killed with any of
the agents listed in Senator Balboni's bill.
And this is a question of what is really
important. And I will tell you, I will repeat
it again. The weapons, the terrorist weapons
of the last part of the 20th century are more
terrifying to the people in my district than
the terrorist weapons of the 21st century.
We should be planning to take care
of both. This will take care of one. Lets
hope we have a chance to take care of the
other parts. Two dying in New York City, if
that is, in fact true, and I will take Senator
Volker's word for it, is two too many to be
killed by any terrorist weapon, whether it is
3187
a weapon of mass destruction or an assault
weapon.
I voted aye, Mr. President.
ACTING PRESIDENT MEIER: Senator
Dollinger will be recorded in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Ayes 51.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator LaValle.
SENATOR LaVALLE: Mr. President,
may I have unanimous consent to be recorded in
the negative on Calendar Number 862, please.
ACTING PRESIDENT MEIER: Without
objection, Senator LaValle will be recorded in
the negative on Calendar Number 862.
Senator Leibell.
SENATOR LEIBELL: May I also have
unanimous consent to be recorded in the
negative on Calendar Number 862?
ACTING PRESIDENT MEIER: Without
objection, Senator Leibell will be recorded in
the negative on Calendar Number 862.
Senator Fuschillo.
3188
SENATOR FUSCHILLO: Mr.
President, may I have unanimous consent to be
recorded in the negative on Calendar Number
862, please?
ACTING PRESIDENT MEIER: Without
objection, Senator Fuschillo, will be recorded
in the negative on Calendar Number 862.
Senator McGee.
SENATOR McGEE: May we please call
up Calendar Number 1082, Senate 5606.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1082, by Senator Rath, Senate Print 5606, an
act to amend the Penal Law, in relation to
falsely reporting an incident.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect in 90 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50, nays
one. Senator Duane recorded in the negative.
3189
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee.
SENATOR McGEE: May we please take
up Calendar Number 1083, Senate 5610.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
1083, by Senator Nozzolio, Senate Print 5610,
an act to amend the Penal Law, in relation to
the crime of falsely reporting an incident.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT MEIER: Senator
Nozzolio, an explanation has been requested by
Senator Dollinger.
SENATOR NOZZOLIO: Mr. President,
my colleagues, this measure before us attempts
to stem the growing unfortunate tide of those
who have been falsely reporting the incidents
of bomb threats, primarily aimed at schools in
our state. It is a growing phenomenon. It is
one that gives us all a great disturbance and
what we want to do is sent a clear signal that
this type of behavior rises to the level of a
felony.
3190
The measure changes the current
statute, giving a Class A misdemeanor status
to this function, of this process, this
behavior, that the measure before us raises
that to a misdemeanor.
SENATOR DOLLINGER: Again,
through you, Mr. President, one quick question
for Senator Nozzolio.
ACTING PRESIDENT MEIER: Senator
Nozzolio, do you yield for a question?
SENATOR NOZZOLIO: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR DOLLINGER: Senator, as I
understand this, this would make a reporting
of a false bomb threat to a school or to
another organization, a public institution, a
felony. Is that correct?
SENATOR NOZZOLIO: That's
correct, Mr. President. Not just a school,
but any public gathering place of 50 or more
people.
SENATOR DOLLINGER: Thank you, Mr
President. Thank you, Senator Nozzolio.
3191
I appreciate this bill. I think
this is a good move. I know that Senator
Nozzolio is well aware of the fact that in our
neck of the woods in Webster, Brighton,
Brockport, Spencerport, Greece, in the wake of
the Littleton tragedy we have had schools
closed for days at a time because of the
reporting of false bomb threats. I have
carried a bill like this. I know there have
been other attempts at it. My hope is that
this bill will pass and it will be taken up by
the Assembly.
The reporting of false bomb threats
is no longer a prank. It is no longer
something that a kid should do. It is a
felony. People are going to get hurt. There
are accidents from emergency vehicles. There
are people slipping and falling, rushing out
of these buildings. This is no longer a prank
and I appreciate the fact that Senator
Nozzolio has decided to characterize it for
what it should be, which is a felony.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
3192
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50, nays
one. Senator Duane recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator McGee.
SENATOR MCGEE: Thank you, Mr.
President. May we now have the controversial
reading of the calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
420, by Senator Maltese, Senate Print 2613-A,
an act to amend the Penal Law, in relation to
placing a false bomb.
SENATOR DOLLINGER: Mr.
President, I requested the explanation on that
bill. In view of Senator Nozzolio's bill I
will waive the explanation and ask the final
section be read.
3193
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
554, by Senator Volker, Senate Print 3106-A,
an act to amend the Penal Law, the Criminal
Procedure Law, and the Family Court Act, in
relation to enhanced penalties.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Explanation,
Mr. President.
ACTING PRESIDENT MEIER: Senator
Volker, an explanation has been requested of
Calendar 554.
SENATOR VOLKER: This is exactly
the same bill that passed this house on May
3194
the 5th, I believe it was. The problem was
after it passed this house on May the 5th, we
noticed that on page 5, line 42, a word was
missed. "Corruption." So instead of saying,
"of recruiting for enterprise corruption" it
said, "recruiting for enterprise." And this,
the only thing that this bill does is put in
"corruption" and the reason we are doing it so
you know is that very honestly I think
eventually this bill, I hope is going to
become law and we wanted to not let it get
away from and we wanted to make sure that we
had it correct when it is ready to go.
That's what this is all about.
SENATOR DOLLINGER: Thank you,
Mr. President. Thank you, Senator, for the
explanation.
I voted for -- I believe I voted
for this bill last time, Senator Volker and I
am going to vote for it again, but I would
like an opportunity, Mr. President, to make it
an even better bill.
I believe there is an amendment at
the desk.
ACTING PRESIDENT MEIER: Senator
3195
Dollinger, give us a moment to look at the
amendment please.
SENATOR DOLLINGER: Thank you Mr.
President.
SENATOR VOLKER: Mr. President,
may I make a comment.
There is some question, certainly a
question about the germaneness of this
amendment, since it is a gun interdiction
amendment and a gang related violence bill.
But I would be happy to say to you, Senator,
and I understand that this is a proposal by
the way that was proposed I think last year
and is in the Assembly, I believe it is in the
Assembly budget resolution, or at least it has
been proposed. The problem with this, if I
might just say because we are -- they are
discussing it, is that it is a budget issue.
I'm not saying this is not necessarily a bad
issue or good idea. It is a budget issue and
there is already a gun interdiction program.
I think you are aware that we passed
legislation and we also put some money in for
it.
I think probably this amendment is
3196
not germane. But as I said, I would like to
comment that it is not necessarily something
that I think I would certainly reject out of
hand at all, but I think it is something that
we probably and I think should look into it as
part of the conference committee process when
that occurs.
So I guess my point here is that I
think probably it is not germane to this issue
but I don't say that I want to reject it out
of hand because it is something we will
certainly look at.
ACTING PRESIDENT MEIER: Senator
Dollinger, do you want to address Senator
Volker's point or do you want the chair to
rule?
SENATOR DOLLINGER: Mr.
President, I am always stymied I guess by the
rules of the house. Do we debate about the
germaneness in advance of the determination by
the Chair, that it is or is not germane?
I will state my position on
germaneness, if I can, Mr. President. My
position is that this is germane. First of
all, the underlying bill amends Section 265 of
3197
the Penal Law. That bill deals with the
penalties that arise for the use of weapons on
school grounds. Our bill deals with exactly
the same issue. We amended the exact same
portion of the Penal Law, Section 265. We add
different amendments to those sections. Since
the two bills deal with the two parts it seems
to me it is germane.
SENATOR SKELOS: I think the
President is reviewing the legislation before
he makes a ruling as to germaneness so lets
all be patient and I am sure he will make a
proper ruling.
Mr. President, if you could just
continue to review the amendment.
ACTING PRESIDENT MEIER: It is a
lengthy amendment. Senator Skelos, maybe I
could suggest that perhaps we could stand at
ease for just a couple of minutes.
SENATOR SKELOS: That's fine, Mr.
President.
ACTING PRESIDENT MEIER: The
Senate will stand at ease.
(The Senate stood at east from
12:45 p.m. to 12:50 p.m.)
3198
ACTING PRESIDENT MEIER: The
Senate will come to order, please.
Senator Dollinger, after careful
consideration the Chair rules that the
amendment is properly before the house and you
now have an opportunity to speak. Do you
waive the reading of the amendment?
SENATOR DOLLINGER: Yes, Mr.
President.
ACTING PRESIDENT MEIER: You
waive the reading and you now have an
opportunity to explain the amendment.
SENATOR DOLLINGER: This bill
will establish -- this is something that many
people have focused on and that may be
resolved eventually in a budget.
Here's what this bill does, this
bill, I believe is past the Assembly. What it
does is it would direct the Division of State
Police to establish an illegal gun tracing
data base to assist in the prosecution of
illegal gun traffic.
Two, it would create an illegal gun
tracing program using the Federal Bureau of
Alcohol, Tobacco and Fire Arms, trading some
3199
protocols. We would work together with the
feds.
Three, it will provide grants to
district attorneys, which is Senator Volker's
point that it needs money at some point, which
we hope this year's budget will put in, but
those grants would allow district attorneys to
aid in the prosection of illegal gun
traffickers.
And four, it would require district
attorneys to participate in the gun tracing
program.
That is what the bill does, Mr.
President. I would ask for votes in support
of the amendment and I would yield to Senator
Connor who I believe also wanted to comment on
the bill.
ACTING PRESIDENT MEIER: Senator
Connor.
SENATOR CONNOR: Thank you, Mr.
President.
In my district on the Brooklyn
Bridge nearly six years ago there was a tragic
incident. A 16 year old Brooklyn yeshiva
student was killed by a gunman who
3200
indiscriminately opened fire on a school van
carrying 15 Hasidic students across the
Brooklyn Bridge.
Ari Halberstam would have
celebrated his 22nd birthday this month. His
mother, Devorah Halberstam, has been active in
pushing this legislation. It is called Ari's
Law. I spoke to Mrs. Halberstam yesterday.
She asked that I do whatever I can to get the
Senate to consider this bill. She was up here
last week and the Assembly passed the bill.
And the pain and anguish that this wonderful
woman, this very observant orthodox Jewish
woman has felt at the loss of her son in such
a tragedy she has translated as so many
others, and we have had other bills, as so
many other crime victim families have
determined that in order to protect others in
the future from what happened to their loved
ones they push a law. This is Ari's Law. It
is past the Assembly. And I suggest most
respectfully, Mr. President, that we pass this
amendment and add this to Senator Volker's
fine bill and on Monday pass both Senator
Volker's bill and Ari's Law into law.
3201
Thank you.
ACTING PRESIDENT MEIER: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Mr. President.
On the amendment I think that one
comment that was made earlier by Senator
Volker, who I know takes these issues very
seriously struck me very dramatically, and I
don't have nearly as long and distinguished a
law enforcement background as he did, I did
spend two years as a law enforcement officer
and I do not accept the fact that there is no
law we can pass that will deal with the
problem of guns.
I think he is quite correct in
observing that most problems do not relate -
most deaths by gun violence do not relate to
assault weapons. The problem is guns in
general. The problem is the proliferation of
guns. The problem is the culture of guns.
And there are a lot of laws we can pass to
address this and I refuse to accept the fact
that this house can not stand up and do at
least as good a job as the Assembly that
3202
passed a find package of gun laws last week
and do something about the problem of guns and
violence and kids and violence.
The amendment is an excellent
amendment. A better system of tracking guns
is essential in this state. In this state we
do not have regulation of gun shows that were
required and the regulation of felons seeking
to purchase weapons that should be required.
We do not even require a valid current ID to
purchase rifles and shotguns in parts of this
state.
We can take action. We must take
action. And I think that this amendment is a
very important step forward and I urge all to
vote yes on the amendment and for us to pass
this bill and not take a back seat in the
effort to prevent further deaths by gun
violence in this state.
ACTING PRESIDENT MEIER: The
question is on the amendment. All those in
favor signify by saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR SKELOS: Party vote in
3203
the negative.
ACTING PRESIDENT MEIER: The
Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 17, nays 34.
Party vote.
ACTING PRESIDENT MEIER: The
amendment fails.
Read the last section.
THE SECRETARY: Section 20. This
act shall take effect on the first of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
ACTING PRESIDENT MEIER: The bill
is passed.
The Secretary will read in regular
order.
THE SECRETARY: Calendar Number
682, by Senator Stafford, Senate Print 3022,
an act to amend the Chapter 672 of the laws of
1993.
SENATOR DOLLINGER: Mr.
3204
President, I requested the explanation on that
bill. I will waive the explanation on that
bill and ask to read the last section.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
1025, by Senator Goodman, Senate Print 4282,
an act to amend the Alcoholic Beverage Control
Law, in relation to modifying.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Goodman, an explanation has been requested.
SENATOR GOODMAN: Lay the bill
aside for the day.
ACTING PRESIDENT MEIER: Lay the
bill aside for the day.
Senator Skelos.
3205
SENATOR SKELOS: Please recognize
Senator Dollinger.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, may I have unanimous consent to be
recorded in the negative on Calendar Number
862.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Calendar Number 862.
Senator Skelos.
SENATOR SKELOS: Mr. President,
as I look at Senator Paterson he looks forlorn
over there, thinking about tomorrow's
birthday, and Senator Marchi is here smiling
about tomorrow's birthday, but all I know is
on behalf of Senator Bruno and all of the
members of the Senate we wish them a happy
birthday and many, many, many more happy and
healthy years of service.
Is there any housekeeping at the
desk, Mr. President?
ACTING PRESIDENT MEIER: We have
some substitutions, Senator. I believe
3206
Senator Paterson is -
SENATOR SKELOS: Please recognize
Senator Paterson.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: In the words
of Shakespeare, thank you.
SENATOR SKELOS: Please recognize
Senator Goodman.
SENATOR GOODMAN: Mr. President,
it is my happy privilege to announce to this
chamber that next Tuesday at 6:00 p.m. there
be a reception at the New York State Museum to
welcome the Whitney Museum special exhibit of
the Ashcan School, so-called, of painting in
the State Museum exhibition space. May I say
that I think this will be one of the most
popular exhibits ever brought here. Is
neither abstract nor is it pop art, it is
figurative art, which is perhaps a little more
readily comprehensible to those of us who are
confused by other types of art and it is
without doubt one of the most important
exhibits we have ever had in Albany. It is
here under the auspices of the Senate
3207
Committee on Arts and Cultural Affairs and I
urge every member to take the time and come
and see. I think you will enjoy it
enormously. Refreshments will be served and
you will find it an absolute delight to the
senses.
Thank you, very much.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 10,
Senator LaValle, moves to discharge from the
Committee on Rules, Assembly Bill Number 4995,
and substitute it for the identical Third
Reading Calendar 246.
On page 30, Senator McGee, moves to
discharge from the Committee on Rules,
Assembly Bill Number 7031, and substitute it
for the identical Third Reading Calendar 692.
On page 41, Senator LaValle, moves
to discharge from the Committee on Rules,
Assembly Bill Number 4890, and substitute it
for the identical Third Reading Calendar 854.
On page 50, Senator Volker, moves
to discharge from the Committee on Rules,
Assembly Bill Number 8072, and substitute it
3208
for the identical Third Reading Calendar 958.
On page 53, Senator Hannon, moves
to discharge from the Committee on Rules,
Assembly Bill Number 8225, and substitute it
for the identical Third Reading Calendar 989.
On page 53, Senator Volker, moves
to discharge from the Committee on Rules,
Assembly Bill Number 7664, and substitute it
for the identical Third Reading Calendar 990.
And on page 53, Senator Volker,
moves to discharge from the Committee on
Rules, Assembly Bill Number 8235, and
substitute it for the identical Third Reading
Calendar 992.
ACTING PRESIDENT MEIER:
Substitutions are ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on page 17, I offer the following
amendments to Calendar Number 458, Senate
Print Number 2990-A and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and the bill will
retain its place on the Third Reading
3209
Calendar.
Senator Balboni.
SENATOR BALBONI: Mr. President,
on page 21, I offer the following amendments
to Calendar Number 533, Senate Print 4439, and
ask that said bill retain its place on Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received and the bill will
retain its place on the Third Reading
Calendar.
Senator Skelos.
SENATOR SKELOS: Is there any
other housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR SKELOS: Just a reminder
to the members of the Majority that there will
be an immediate conference of the Majority in
the Majority Conference Room. And there being
no further business, I move we adjourn until
May 24th at 3:00 p.m. intervening days being
legislative days.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
3210
Monday, May 24th at 3:00 p.m. intervening days
will be legislative days.
(Whereupon, at 1:01 p.m., the
Senate adjourned.)