Regular Session - June 14, 1999
4830
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
June 14, 1999
2:09 p.m.
REGULAR SESSION
SENATOR JOHN R. KUHL, JR, Acting President
STEVEN M. BOGGESS, Secretary
4831
P R O C E E D I N G S
ACTING PRESIDENT KUHL: The
Senate will come to order. I ask the members
to find their chairs, staff to find their
chairs and ask everybody in the chamber to
please rise and join with me in saying the
Pledge of Allegiance to the flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT KUHL: In the
absence of clergy may we bow our heads in a
moment of silence.
(Whereupon a moment of silence was
observed.)
ACTING PRESIDENT KUHL: Reading
of Journal.
THE SECRETARY: In Senate,
Sunday, June 13th. The Senate met pursuant to
adjournment. The Journal of Saturday, June
12th, was read and approved. On motion Senate
adjourned.
ACTING PRESIDENT KUHL: Hearing
no objection, the Journal stands approved as
read.
Presentation of petitions.
4832
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.
The Chair recognizes Senate Wright.
SENATOR WRIGHT: Mr. President,
on behalf of Senator Bruno, I move to commit
Senate Print Number 4060-A, Calendar Number
459 Third Reading to the Committee on Rules.
ACTING PRESIDENT KUHL: Calendar
459 is committed.
SENATOR WRIGHT: On behalf of
Senator Bruno I wish to call up Calendar
Number 539, Assembly Print Number 8237.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
539, by the Assembly Committee on Rules,
Assembly Print Number 8237, an act to amend
Chapter 942 of the Laws of 1983.
ACTING PRESIDENT KUHL: Senator
Wright.
4833
SENATOR WRIGHT: I now move to
reconsider the vote by which this Assembly
bill was substituted for my bill, Senate Print
Number 3934, on June 9th.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 45.
ACTING PRESIDENT KUHL: Senator
Wright.
SENATOR WRIGHT: I now move that
Assembly Bill Number 8237 be recommitted to
the Committee on Rules and the Senate bill be
recommitted to Rules.
ACTING PRESIDENT KUHL: So
ordered.
SENATOR WRIGHT: Mr. President,
on behalf of Senator Saland, I wish to call up
Print Number 3815-A, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
644, by Senator Saland, Senate Print 3815-A,
4834
an act to amend the Family Court Act.
ACTING PRESIDENT KUHL: Senator
Wright.
SENATOR WRIGHT: I now move to
reconsider the vote by which this bill was
passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 45.
SENATOR WRIGHT: I now offer the
following amendments.
ACTING PRESIDENT KUHL: The
amendments are received and adopted.
SENATOR WRIGHT: Thank you.
ACTING PRESIDENT KUHL: Senator
Seward.
SENATOR SEWARD: Thank you, Mr.
President.
On behalf of Senator Rath, I wish
to call up Calendar Number 860, Assembly Print
Number 1474-A.
ACTING PRESIDENT KUHL: The
Secretary will read.
4835
THE SECRETARY: Calendar Number
860, by Member of the Assembly Tokasz,
Assembly Print Number 1474-A, an act to amend
the State Administrative Procedure Act.
ACTING PRESIDENT KUHL: Senator
Seward.
SENATOR SEWARD: I now move to
reconsider the vote by which this Assembly
bill was substituted for Senator Rath's bill,
Senate Print Number 118-A on June 10th.
ACTING PRESIDENT KUHL: The
Secretary will read call on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Aye 45.
ACTING PRESIDENT KUHL: Senator
Seward.
SENATOR SEWARD: I now move that
Assembly Bill Number 1474-A be recommitted to
the Committee on Rules and Senator Rath's
Senate bill be restored to the order of Third
Reading Calendar.
ACTING PRESIDENT KUHL: So
ordered.
SENATOR SEWARD: Mr. President, I
now officer the following amendments.
4836
ACTING PRESIDENT KUHL: The
amendments are received and adopted.
Senator Seward.
SENATOR SEWARD: On behalf of
Senator Meier, I wish to call up his bill,
Print Number 1028, recalled from the Assembly
which is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
62, by Senator Meier, Senate Print 1028, an
act to amend the Education Law.
SENATOR SEWARD: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 45.
ACTING PRESIDENT KUHL: Senator
Seward.
SENATOR SEWARD: Mr. President, I
now offer the following amendments.
ACTING PRESIDENT KUHL: The
4837
amendments are received and adopted.
Senator Seward.
SENATOR SEWARD: Mr. President,
on behalf of Senator Lack, I wish to call up
his bill, Print Number 3644, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
700, by Senator Lack, Senate Print 3644, an
act to amend the Lien Law.
ACTING PRESIDENT KUHL: Senator
Seward.
SENATOR SEWARD: I now move to
reconsider the votes by which this bill was
passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 45.
ACTING PRESIDENT KUHL: Senator
Seward.
SENATOR SEWARD: Yes, Mr.
President, I now offer the following
4838
amendments.
ACTING PRESIDENT KUHL: The
amendments are received and adopted.
Senator Seward.
SENATOR SEWARD: Yes, Mr.
President, on behalf of Senator Saland, I wish
to call up his bill, Print Number 3080,
recalled from the Assembly, which is now at
the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
316, by Senator Saland, Senate Print 3080, an
act to amend the Public Health Law.
ACTING PRESIDENT KUHL: Senator
Seward.
SENATOR SEWARD: Mr. President, I
now move to reconsider the vote by which this
bill was passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
SENATOR SEWARD: Mr. President, I
4839
now offer the following amendments.
ACTING PRESIDENT KUHL: The
amendments are received and adopted.
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President.
On behalf of Senator Hannon, I
offer the following amendments to these bills:
Senator Hannon's bill, page 38,
Calendar Number 944, Senate Print 3724-A;
Also Senator Nozzolio, on page 41,
Calendar 983, Senate Print 645;
On behalf Senator Volker, on page
41, Calendar Number 991, Senate Print 3453;
On behalf of Senator Volker, on
page 441, Calendar Number 994, Senate Print
3521;
On behalf Senator Leibell, page 46,
Calendar 1110, Senate Print 5328-A; and;
On behalf of Senator Saland, page
52, Calendar Number 645, Senate Print 4138;
I offer the amendments to these
bills and I ask that they retain their place.
ACTING PRESIDENT KUHL: The
amendments are received and adopted and the
4840
bills will retain their place on the Third
Reading Calendar.
Senate Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Crime Victims, Crime and Corrections Committee
in the Majority Conference Room.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Crime
Victims, Crime and Corrections Committee, an
immediate meeting of the Crime Victims, Crime
and Corrections Committee in the Majority
Conference Room, Room 332.
Senator Skelos, we have a couple of
substitutions. Can we make those?
SENATOR SKELOS: Make those
substitutions, Mr. President.
ACTING PRESIDENT KUHL: The
Secretary will read the substitutions.
THE SECRETARY: On page 17,
Senator Marcellino moves to discharge from the
Committee on Rules, Assembly Bill Number 1839
and substitute it for the identical Third
Reading Calendar 498.
On page 27, Senator Fuschillo,
4841
moves to discharge from the Committee on
Rules, Assembly Bill Number 1931-A, and
substitute it for the identical Third Reading
Calendar 712.
On page 40, Senator Hannon moves to
discharge from the Committee on Rules,
Assembly Bill Number 680, and substitute it
for the identical Third Reading Calendar 979.
On page 44, Senator Santiago moves
to discharge from the Committee on Rules,
Assembly Bill Number 121 and substitute it for
the identical Third Reading Calendar 1039.
On page 50, Senator Leibell, moves
to discharge from the Committee on
Investigations, Taxation and Government
Operations, Assembly Bill Number 4497, and
substitute it for the identical Third Reading
Calendar 1309.
On page 51, Senator McGee moves to
discharge from the Committee on Rules,
Assembly Bill Number 7938, and substitute it
for the identical Third Reading Calendar 1315.
On page 51, Senator Goodman, moves
to discharge from the Committee on Rules,
Assembly Bill Number 8338-A, and substitute it
4842
for the identical Third Reading Calendar 1317.
And on page 51, Senator Johnson,
moves to discharge from the Committee on
Rules, Assembly Bill Number 8025-A, and
substitute it for the identical Third Reading
Calendar 1318.
ACTING PRESIDENT KUHL: Sub
stitutions are ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up Resolution 1544, by
Senator Gentile, have it read in its entirety,
and -- it was previously adopted, so if we
could just have it read in its entirety.
ACTING PRESIDENT KUHL: The
Secretary will read the previously adopted
Resolution 1544, by Senator Gentile, in its
entirety.
THE SECRETARY: By Senator
Gentile, Legislative Resolution 1544,
commemorating the 25th Anniversary of BRAVO
Volunteer Ambulance Service, Incorporated.
Whereas, it is sense of this
Legislative Body to recognize and comment
those organizations of true purpose and worthy
4843
cause whose dedication and commitment are
willingly given in service to others; and
Whereas, BRAVO Volunteer Ambulance
Service, Incorporated, that will be
celebrating 25 years of dedicated service to
the community during 1999, in the fall of
1973, Hank Vogt, Chairman of Planning Board
10, took his idea of a volunteer ambulance
service to serve the community to the members
of the board, the planning meetings for the
service started in private homes when the
board approved the idea; and
Whereas, a name for the service was
needed and what better name could there be
than BRAVO, taken from a great American John
Wayne moved called Rio Bravo, the acronym
would stand for the Bay Ridge Ambulance
Volunteer Organization; because there was a
Bay Ridge Ambulance Service at the time BRAVO
voluntarily was made the official name; the
founding officers of BRAVO were: Hank Vogt,
President; Richard Calder, Executive Vice
President; Barbara Marcello, President;
Richard Mikarenda, Second Vice President;
First Vice Thomas Meagher, Third Vice
4844
President; William Azar, Fourth Vice
President; John Assini, Fifth Vice President;
Joseph Kesler, Secretary; Maria Cassolaro,
Director; Robert Adamski, Director; Thomas
McDonald, Director; and Jack Maguire,
Treasurer; and
Whereas, on January 24, 1974, the
first open meeting was held in St. Anselm's
Parish; the founders presented the purpose of
BRAVO to interested community members; it
would be a 24 hour a day, free ambulance
service to anyone who needed it in the Bay
Ridge area; the people supported the concept
and 103 applications were filed at the
meeting; training classed in CPR and First Aid
were held at local churches for anyone
interested; a dispatch area and crew lounge
were set up and BRAVO was scheduled to be in
service by July 1, 1974; on July 4, 1974,
BRAVO answered its first call for help; the
excited crew transported its first patient to
Kings County Hospital; by August 18, 1974,
BRAVO began its 24 hour, seven day a week
service; on September 28, 1974, a dedication
ceremony took place; on October 19, 1974 BRAVO
4845
responded to its 500th call, and by 1978, they
would be handling 500 calls each month; in
1975, Myles Davis was elected President of the
fast growing organization and he would go on
to lead BRAVO through 12 years of progress,
making the service better and better and more
respected as each year went by; and
Whereas, BRAVO also began a youth
squad for teen-agers, age 14 to 18, they were
taught First Aid and learned to operate
equipment and gain experience and learn the
skills of dispatching; in 1976, BRAVO played
host and provided medical coverage to the
thousands of people who came to Bay Ridge to
watch Operation Sail along Shore Road; and
Whereas, in 1977, BRAVO members
earned their first coveted stork pins, the
crew delivered a baby boy; from 1978 to 1982,
the members trained for ambulance and first
aid competitions, which proved their
commitment and skill; and
Whereas, over the years BRAVO
received great financial support from
community based organizations of Bay Ridge as
well as from private citizens living in the
4846
areas which they serve; in 1986 BRAVO has also
had the distinct opportunity to pilot the
emergency medical technician defibrillation
program in New York State and in 1987 saved
the first patient using a semi-automatic
defibrillator; the program proved successful
and has not been incorporated into every basic
emergency medical technician training course;
and
Whereas, in 1989, BRAVO responded
to its 100,000th call for help, this number
was outstanding considering the fact that most
volunteer ambulance corp in the State handle
approximately 500 calls per year, while BRAVO
responds to 500 each month; and
Whereas, BRAVO has also proved to
be an asset to the rest of New York City by
having assisted after plane crashes, train
derailments, building explosions, and the
World Trade Center bombing, the members have
proved that at a moments notice they could put
their lives aside and respond to their
neighbor's call for help; and
Whereas, recognizing that such
organizations of singular distinction as BRAVO
4847
provide a model for enhancing the quality and
dignity of life and that such merit the
grateful praise of this Legislative Body and
the communities of the State of New York, now,
therefore, be it
Resolved, that this Legislative
Body pause in its deliberations to commemorate
the 25th Anniversary of BRAVO Volunteer
Ambulance Service, Incorporated; and be it
further
Resolved, that a copy of this
resolution, suitably engrossed, be transmitted
to BRAVO.
ACTING PRESIDENT KUHL: Senator
Gentile to speak on the resolution which was
previously adopted.
SENATOR GENTILE: Thank you, Mr.
President.
It is appropriate that we take this
time today to honor this all volunteer
community ambulance service on their 25th
anniversary. They have become the paradigm
and the model of volunteer ambulance service
in New York City and I dare say in the State
of New York. They are known as BRAVO, the Bay
4848
Ridge Ambulance Volunteer Organization,
B-R-A-V-O. And for 25 years they have done
more than just help the Brooklyn community of
Bay Ridge and Dyker Heights. They have saved
lives. They have saved lives in providing
free ambulance service to anyone who asks in
those communities. The lives of their
neighbors in Bay Ridge and Dyker Heights,
Brooklyn, and the lives of more people on a
wider citywide level when they have
participated in major rescue operations after
plane crashes or bombings or major fires. But
the core, Mr. President, of BRAVO's work is in
saving lives in the community in good times
and in bad times, 24 hours a day, 365 days a
year, providing free ambulance service staffed
with highly qualified and trained emergency
medical technicians, dispatchers and support
personnel.
Today BRAVO has over 200 volunteers
and it is an all volunteer crew and responds
to over 300 calls each and every month of the
year along with Nick Nikolopoulos, the
President, Mary Boland, the Vice President of
Administration, and Betsy McKenna, the Vice
4849
President of Finance, this is a crew and their
organization that dearly needs to be
recognized by our State.
Indeed, to sum up, the dedication
and honor that it is to be part of this BRAVO
organization is aptly reflected in the plaque
that hangs over their headquarters. When one
enters the doorway above the headquarters, the
plaque reads, "Through these portals walk the
best damn volunteers in the world." And that
is truly what BRAVO is about.
It is an understatement, Mr.
President, to say that BRAVO is Bay Ridge's
most treasured resource. And so to BRAVO, the
Bay Ridge Ambulance Volunteer Organization, I
say bravo. Bravo to BRAVO on your 25th
Anniversary.
Thank you on behalf of the
community and may God bless you in your
efforts for many years to come.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Markowitz on the resolution.
SENATOR MARKOWITZ: Thank you,
very, very much.
4850
Even though I have not made it to
the big time in representing the Bay Ridge
community, nonetheless, for those that love
that community as I do, especially the
restaurateurs can attest to that and many
others, if you are going to get sick, God
forbid, the chances of your surviving are much
greater in Bay Ridge than in most of the other
communities in New York. And the reason why
is that these fine citizens had a vision 25
years ago that although we pay tax dollars and
the City has their ambulance program, the
response time necessary when that call comes
in in those days to get that person to the
hospital left a lot to be desired. And so
these good people, no pay, no money, out of
their pure hearts, because they recognize
their responsibility to help their fellow
residents, took it upon themselves to create
this dream that today most other ambulance
programs in the state begin to continue to
look at as the model for the rest of this City
and State.
So I know of people whose lives
have been saved because of your work and I
4851
have a hunch that when you and those that are
associated with BRAVO go home in the evening
or in the morning or whenever it is that they
finish their tour of service there must be a
big smile on their face knowing that their
lives have meant an awful lot in helping
others live. And as Senator Gentile so ably
put it, bravo to BRAVO.
Congratulations.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Mr. President,
if we could take up the non-controversial
calendar.
ACTING PRESIDENT KUHL: The
Secretary will read the non-controversial
calendar.
THE SECRETARY: Calendar Number
92, by Senator Padavan, Senate Print 1060-A,
an act to amend the Vehicle and Traffic Law
and the Administrative Code of the City of New
York.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
4852
act shall take effect 120 days.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
95, by Senator Marcellino, Senate Print 830-A,
an act to amend the Labor Law, in relation to
criminal penalties.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
119, by Senator Alesi, Senate Print 96-B, an
act to amend the General Business Law, in
relation to altering.
4853
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
280, by Senator Skelos, Senate Print 1023-A,
an act to establish a business trust law
constituting Chapter 4-A of the consolidated
laws.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
4854
is passed.
THE SECRETARY: Calendar Number
304, by the Assembly Committee on Rules,
Assembly Bill Number 8063-A, an act to amend
the Agriculture and Markets Law, in relation
to creating.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
376, by Senator Skelos.
SENATOR SKELOS: Lay the bill
aside for the day.
ACTING PRESIDENT KUHL: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
408, by the Assembly Committee on Rules,
Assembly Print Number 8113, an act to amend
4855
the Environmental Conservation Law and the
Criminal Procedure Law, in relation to the
authority.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
451, by Senator Larkin, Senate Print 3035-A,
an act to amend the General Municipal Law, in
relation to operation of games.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 53, nays
4856
two. Senators Dollinger and Padavan recorded
in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
472, by Senator Goodman, Senate Print 1105-A,
an act to amend the Vehicle and Traffic Law,
in relation to requiring.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
519, by Senator Padavan, Senate Print 1788.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
4857
676, by Senator LaValle, Senate Print 3885, an
act to amend the Education Law, in relation to
tuition assistance program awards.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect July 1.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
720, by Senator Meier, Senate Print 4025, an
act to amend the General Municipal Law, in
relation to authorizing.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
4858
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
740, by Senator Marcellino, Senate Print
2790-C, an act to amend the Penal Law, in
relation to surreptitious.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect November 1.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
794, by the Assembly Committee on Rules,
Assembly Print Number 8339, an act to amend
the Education Law, in relation to permitting.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
July.
4859
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
797, by Member of the Assembly Weprin,
Assembly Print Number 2969-A, an act to amend
the General Business Law, in relation to child
safety devices.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
September.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
821, by Member of the Assembly Grannis,
Assembly Print Number 7631-A, an act to
4860
amend the Insurance Law, in relation to
clarifying.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect January 1.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
832, by Senator Goodman, Senate Print 3305-A,
an act to amend the Local Finance Law, in
relation to the sale of bonds and notes.
ACTING PRESIDENT KUHL: There is
a home rule message at the desk. The
Secretary will read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
4861
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
869, by Senator Meier, Senate Print 3685, an
act to amend the Domestic Relations Law, in
relation to confidentiality.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
922, by Senator Stafford, Senate Print 5171-A,
an act to authorize the Village of Tupper
Lake, County of Franklin.
ACTING PRESIDENT KUHL: There is
a home rule message at the desk. The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
4862
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 54, nays
one. Senator Morahan recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
950, by Senator Hannon, Senate Print 4591, an
act to amend the Public Health Law, in
relation to authorizing.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1005, by Senate Goodman, Senate Print 778-A,
an act to amend the Alcoholic Beverage Control
4863
Law, in relation to certain notice.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR DOLLINGER: Is the bill
high? Is the bill high?
ACTING PRESIDENT KUHL: It is not
high I am informed by the desk. The calendar
is appropriately marked.
SENATOR DOLLINGER: Thank you.
Lay the bill aside, please.
ACTING PRESIDENT KUHL: Lay the
bill aside at the request of the acting
Minority.
THE SECRETARY: Calendar Number
1025, by Senator Goodman, Senate Print 4282-A,
an act to amend the Alcoholic Beverage Control
Law, in relation to modifying.
SENATOR HEVESI: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
1042, by Senator Farley, Senate Print 3555-A,
an act to amend the Banking Law, in relation
to certain powers.
ACTING PRESIDENT KUHL: The
4864
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1046, by Member of the Assembly Green,
Assembly Print Number 154-A, an act to amend
the Banking Law, in relation to subjecting.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1048, by Senator Bonacic, Senate Print 3663-A,
4865
an act to amend Chapter 915 of the Laws of
1982.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
THE SECRETARY: Ayes 55, nays
one. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1050, by Member of the Assembly Tokasz,
Assembly Print Number 4223, an act to amend
the Education Law, in relation to the
composition.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
4866
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1060, by Senator LaValle, Senate Print 3194,
an act to amend the Education Law, in relation
to prohibiting.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect 180 days.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1097, by Senator Montgomery, Senate Print
1982-A, an act to amend the Penal Law, in
relation to requiring.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2.
This act shall take effect on the first day of
4867
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1102, by Senator Meier, Senate Print 2825-A,
an act to authorize the Potsdam School
District to finance deficits.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1162, by Senator Rath, Senate Print 5258-A, an
act to amend the Public Authorities Law, in
relation to the powers of the Monroe County
4868
Water Authority.
ACTING PRESIDENT KUHL: There is
a home rule message at the desk. The
Secretary will read the last section.
SENATOR PATERSON: Lay the bill
aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calender Number
1167, by Senator DeFrancisco, Senate Print
5573-A, an act to approve building aid funds.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1189, by Senator Skelos, Senate Print 4642-B,
an act to amend the Vehicle and Traffic Law,
in relation to penalties.
4869
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1197, by Senator Volker, Senate Print -
SENATOR SKELOS: Lay it aside for
the day.
ACTING PRESIDENT KUHL: Lay the
bill aside for the day.
THE SECRETARY: Calendar Number
1247, by Senator Larkin, Senate Print 5661, an
act to amend the Real Property Law, in
relation to condominiums.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
4870
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55, nays
one. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1274, by Senator Trunzo, Senate Print 2551-C,
an act to amend the Education Law, in relation
to payment.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
August.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1281, by Senator Leibell, Senate Print 3136,
an act to amend the Retirement and Social
4871
Security Law, in relation to performance.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
1286, by Senator Marchi, Senate Print 4475, an
act in relation to authorizing the City of New
York to discontinue as park land.
ACTING PRESIDENT KUHL: There is
a home rule message at the desk. The
Secretary will -
SENATOR HEVESI: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
1297, by the Assembly Committee on Rules,
Assembly Print Number 8133-A, an act to amend
the Environmental Conservation Law, in
relation to deer and other wildlife
management.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
(The Secretary called the roll.)
4872
ACTING PRESIDENT KUHL: Call the
roll.
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1303, by Senator McGee, Senate Print 5788, an
act to amend Chapter 533 of the Laws of 1993,
amending the Vehicle and Traffic Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1304, by Senator Trunzo, Senate Print 5792, an
act to amend the Vehicle and Traffic Law, in
relation to a notice.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
4873
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1307, by Senator Lack, Senator Print 1144, an
act to amend the Civil Rights Law, in relation
to prohibiting.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1308, by Senator Larkin, Senator Print 1238-B,
4874
an acted creating a temporary State
commission.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1309, substituted earlier today by Member of
the Assembly Vitaliano, Assembly Print Number
4497, an act to -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
1310, by Senator Paterson, Senate Print 3475,
an act to amend the Tax Law, in relation to
exclusion of certain earnings.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
4875
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1311, by Senator Nozzolio, Senate Print
4462-A, an act to amend the Social Services
Law, in relation to the annual financial
statement.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
4876
1312, by Senator Marchi, Senate Print 4476-B,
an act in relation to authorizing the City of
New York to discontinue the use as parks.
ACTING PRESIDENT KUHL: There is
a home rule message at the desk. The
Secretary will read the last section.
SENATOR HEVESI: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
1313, by Senator Bonacic, Senate Print 4499,
an act to amend the General Business Law, in
relation to advertising.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect 180 days.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1315, substituted earlier today by the
4877
Assembly Committee on Rules, Assembly Print
Number 7938, an act to amend the Mental
Hygiene Law, in relation to priority.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 120th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1316, by Senator Stafford, Senate Print
4927-A, an act to amend the State Finance Law
and others, in relation to systems of internal
control.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 14. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
4878
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1317, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8338-A, an act to amend the Agriculture
and Markets Law, in relation to aggravated
cruelty to animals.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR DUANE: Lay the bill
aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
1318, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8025-A, an act to amend the Lien Law,
in relation to securing a lien.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
ACTING PRESIDENT KUHL: Call the
4879
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1319, by Senator Nozzolio, Senate Print 5501,
an act to amend the Not-for-Profit Corporation
Law and the Workers' Compensation Law, in
relation to the fees.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1320, by Senator Larkin, Senate Print 5675-A,
an act to authorize the Commissioner of the
Department of Environmental Conservation to
transfer and convey.
4880
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 7. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos, that completes the
reading of the first active list.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Labor Committee in the Majority Conference
Room.
ACTING PRESIDENT KUHL: Immediate
meeting of the Labor Committee, an immediate
meeting of the Labor Committee in the Majority
Conference Room, Room 332.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could have a non-controversial reading
of the Supplemental Calendar 1.
ACTING PRESIDENT KUHL: The
4881
Secretary will read the non-controversial
reading of the supplemental calendar,
beginning with Calendar Number 294.
THE SECRETARY: Calendar Number
294, by Senator Spano, Senate Print 2027, an
act to amend the Retirement and Social
Security Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
329, by Member of the Assembly Grannis,
Assembly Print Number 1495-A, an act to amend
the Insurance Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
4882
332, by Senator Bonacic, Senate Print 3661-A,
an act to amend the Private Housing Finance
Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
345, by Senator Lack, Senate Print 3392,
concurrent resolution of the Senate and
Assembly, proposing an amendment to Article 6
of the Constitution.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on the
resolution.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The
resolution is adopted.
4883
THE SECRETARY: Calendar Number
350, by Member of the Assembly Stringer, an
act to amend the Surrogate Court Procedure
Act.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
365, by Senator Rath, Senate Print 2794, an
act to amend the General Municipal Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55, nays
4884
one. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
373, by Senator Saland, Senate Print 2977, an
act to amend the Social Services Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
383, by Senator Kuhl, Senate Print 1552-A, an
act to amend the Alcoholic Beverage Control
Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55, nays
one. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
4885
399, by Senator Alesi, Senate Print 3483, an
act to amend the Economic Development Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 29.
This act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
SENATOR DOLLINGER: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside. Did I hear lay it aside? Senator
Dollinger, did you wish that laid aside?
SENATOR PATERSON: Yes.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
413, by Senator Volker, Senate Print 2059, an
act to amend the Civil Practice Law and Rules.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
428, by Senator Volker, Senate Print 3435, an
act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT KUHL: The
4886
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
January.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
453, by Senator Nozzolio, Senate Print 2064,
an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
4887
473, by Senator Spano, Senate Print 1489-A, an
act to amend the Vehicle and Traffic Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT KUHL: There is
a home rule message at the desk, but the bill
will be laid aside.
THE SECRETARY: Calendar Number
477, by Senator Trunzo, Senate Print 3820, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
498, by Member of the Assembly Weisenberg,
Assembly Print 1839, an act to amend the Labor
Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
4888
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
500, by Senator Spano, Senate Print 4359, an
act to amend the Workers' Compensation Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
551, by Senator Volker, Senate Print 2936, an
act to amend the Civil Practice Law and Rules.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
4889
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
553, by Senator Skelos, Senate Print 3071-A,
an act to amend the Civil Practice Law and
Rules.
SENATOR SKELOS: Star the bill.
ACTING PRESIDENT KUHL: Star the
bill at the request of the sponsor.
THE SECRETARY: Calendar Number
568, by Senator Trunzo, Senate Print 4250-A,
an act to amend the Highway Law and the Public
Authorities Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
4890
THE SECRETARY: Calendar Number
599, by Senator LaValle, Senate Print 4266-A,
an act to amend the Education Law and
Retirement and Social Security Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
618, by Senator McGee, Senate Print 4329, an
act to amend the General City, Town Law and
the Village Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of the
year next succeeding the year in which it
becomes a law.
ACTING PRESIDENT KUHL: Call the
roll.
4891
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
628, by Senator LaValle, Senate Print 3252, an
act to amend the General Municipal Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
631, by Senator Seward, Senate Print 4051-A,
an act to amend the County Law.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
4892
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
633, by Senator Rath, Senate Print 4436-A, an
act to amend the Volunteer Fire Fighters
Benefit Law and the Volunteer Ambulance
Workers Benefit law.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
634, by Senator Skelos, Senate Print 13-B, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
4893
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
637, by Senator Trunzo, Senate Print 4199, an
act to amend the Transportation Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
638, by Senator Trunzo, Senate Print 4200, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT KUHL: The
4894
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
654, by Senator Stafford, Senate Print 4042,
an act to amend the Environmental Conservation
Law and the County Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
660, by Senator Seward, Senate Print 4381-B,
4895
an act creating the temporary advisory panel
on health care billing.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
662, by Senator DeFrancisco, Senate Print
3868-B, an act to amend Chapter 912 of the
Laws of 1920.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Sections 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
4896
is passed.
THE SECRETARY: Calendar Number
663, by Senator DeFrancisco, Senate Print
4385, an act to amend Chapter 912 of the Laws
of 1920.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
678, by Senator Wright, Senate Print 4161-A,
an act in relation to authorizing the
conveyance of certain real property of the
State of New York.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
4897
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
690, by Senator Marcellino, Senate Print 2791,
an act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
712, substituted earlier today by member of
the Assembly Sweeney, Assembly Print 1931-A,
an act to authorize the Amityville Overcoming
Holy Church of God.
ACTING PRESIDENT KUHL: The
4898
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55, nays
one. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
719, by Senator Fuschillo, Senate Print
3879-A, an act authorizing the assessor of the
County of Nassau to accept an application for
exemption.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55, nays
one. Senator Dollinger recorded in the
4899
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
734, by Senator Velella, Senate Print 1518, an
act to amend the Penal Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55, nays
one. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
735, by Senator Padavan, Senate Print 1564, an
act to amend the Penal Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
4900
bill aside.
THE SECRETARY: Calendar Number
749, by Member of the Assembly Stringer,
Assembly Print 1738-A, an act to amend the
Penal Law and the Environmental Conservation
Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
THE SECRETARY: Ayes 56, nays 2.
Senators Seward and Wright recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
755, by Senator Maltese, Senate Print 795, an
act to amend the Executive Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 30th day.
4901
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
759, by Member of the Assembly Englebright,
Assembly Print 6280, an act to amend the
Executive Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
768, by Senator Trunzo, Senate Print 4269, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
4902
THE SECRETARY: Section 3. This
act shall take effect in 90 days.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
769, by Senator Johnson, Senate Print 4284, an
act to amend the Vehicle and Traffic Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
773, by Senator Trunzo, Senate Print 4413, an
act to amend the Public Authorities Law and
Chapter 774 of the Laws of 1950.
4903
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 13. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
795, by Senator Marcellino, Senate Print
1326-C, an act to amend the General Business
Law and the Public Health Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
4904
THE SECRETARY: Calendar Number
805, by Senator Leibell, Senate Print 2893, an
act to amend the Retirement and Social
Security Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
809, by Senator Larkin, Senate Print 3731, an
act to amend the Retirement and Social
Security Law, in relation to interest.
SENATOR PATERSON: Lay the bill
aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
THE SECRETARY: Calendar Number
811, by Senator Leibell, Senate Print 4470, an
act to amend the Retirement and Social
4905
Security Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
812, by Senator Meier, Senate Print 4867-A, an
act to amend the Retirement and Social
Security Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
4906
THE SECRETARY: Calendar Number
823, by Senator Hoffmann, Senate Print 4204,
an act to amend the Agriculture and Markets
Law and the Real Property Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
857, by Senator Farley, Senate Print 4650-A,
an act to amend the Education Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
4907
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
874, by Senator Lack, Senate Print 4686, an
act to amend the Family Court Act.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
888, by Senator Johnson, Senate Print 2812, an
act to amend the Public Authorities Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
4908
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: If I could just
interrupt for a moment, there will be an
immediate meeting of the Higher Education
Committee in the Majority Conference Room.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Higher
Education Committee, an immediate meeting of
the Higher Education Committee, in the
Majority Conference Room, Room 332.
The Secretary will continue to read
the non-controversial supplemental active
list.
THE SECRETARY: Calendar Number
907, by Senator Rath, Senate Print 4206-A, an
act to amend the Real Property Tax Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect September 1st, 1999.
4909
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
920, by Senator Rath, Senate Print 5114-A, an
act to amend the Real Property Tax Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
932, by Senator Saland, Senate Print 4826-A,
an act to amend the Social Services Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
4910
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
946, by Senator Hannon, Senate Print 4012, an
act to amend the Public Health Law.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
971, by Senator Marcellino, Senate Print 4157,
an act to amend the Environmental Conservation
Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
4911
THE SECRETARY: Section 13. This
act shall take effect January 1st.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
993, by Member of the Assembly Seddio,
Assembly Print 7158, an act to amend the Civil
Practice Law and Rules.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
996, by Senator Lack, Senate Print 3592, an
act to amend the Civil Rights Law.
4912
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
998, by Senator Hoffmann, Assembly Print
4259-A, an act to amend the Penal Law and the
Criminal Procedure Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55, nays
one. Senator Duane recorded in the negative.
ACTING PRESIDENT KUHL: The bill
4913
is passed.
THE SECRETARY: Calendar Number
1002, by Senator Rath, Senate Print 5260, an
act to amend the Labor Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1015, by Senator Goodman, Senate Print 4036,
an act to amend the Public Officers Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
4914
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1016, by Senator Goodman, Senate Print 4037,
an act to amend the Alcoholic Beverage Control
Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1017, by Senator Goodman, Senate Print 4038,
an act to amend the Alcoholic Beverage Control
Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT KUHL: Lay the
bill aside.
4915
THE SECRETARY: Calendar Number
1020, by Senator Stafford, Senate Print 4122,
an act to amend the Tax Law, in relation to
mortgage recording tax in Warren County.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Sections 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1032, by Senator Wright, Senate Print 1478-A,
an act to amend the Real Property Tax Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
4916
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1040, by Senator Farley, Senate Print 3551-A,
an act to amend the Banking Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1043, by the Assembly Committee on Rules,
Assembly Print 8212, an act to amend the
Banking Law.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
4917
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1141, by Senator Stafford, Senate Print 733-A,
an act to amend Chapter 466 of the Laws of
1995.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator DeFrancisco, why do you
rise?
SENATOR DeFRANCISCO: I would
request unanimous consent to be recorded in
the negative on Calendar 690, Senate Print
2791.
ACTING PRESIDENT KUHL: Without
4918
objection, hearing no objection, Senator
DeFrancisco will be recorded in the negative
on Calendar 690.
Senator Skelos.
SENATOR SKELOS: If we could now
go to the controversial calendar on the active
list.
ACTING PRESIDENT KUHL: The
Secretary will read the controversial calendar
on the first active list.
THE SECRETARY: Calendar Number
519, by Senator Padavan, Senate Print 1788, an
act to amend the State Finance Law, in
relation to contracts.
SENATOR DOLLINGER: Explanation.
ACTING PRESIDENT KUHL: Senator
Padavan, an explanation has been requested by
Senator Dollinger.
SENATOR PADAVAN: Senator
Dollinger, you asked for an explanation last
year and I am going to give you exactly the
same one.
Many years ago we passed a bill
which was referred to as the Mini Brooks Bill,
patterned after a federal statute that allowed
4919
government agencies to negotiate a price and
also in the process to determine that the low
bidder was the best qualified bidders to
insure both a combination of low cost and
highest quality. That has worked extremely
well for many, many years.
However, not included were public
benefit corporations in the State of New York.
This bill would include public authorities and
public benefit corporations who would be
required to follow the same procedure as do
State agencies currently.
ACTING PRESIDENT KUHL: Senator
Dollinger.
SENATOR DOLLINGER: If the
sponsor would yield to just a couple
questions?
ACTING PRESIDENT KUHL: Senator
Padavan do you yield to a question?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: I did ask for
this explanation, Senator Padavan, and I
appreciate it. I think it may be word for
4920
word the exact same explanation you gave me
last year. One thing that I am concerned
about is that the Power Authority this year
has entered a memorandum in opposition which
raises a question about the fiscal benefits of
the change from a public bidding to a
qualification based selection process.
I was wondering if you had any
reaction to that memorandum?
SENATOR PADAVAN: I am looking in
my folder and I don't see a copy of it. We
are unaware of it.
Senator, this bill reminds me of an
astronaut who was asked, as he was sitting on
the top of a rocket ready to be flung out into
space and someone said, "How do you feel?" He
said, "How would you feel if you were sitting
on top of thousands of pounds of hardware,
each part of which was provided by the lowest
bidder?"
And I think that relates to this
bill. However that memo is something I'm not
aware of.
SENATOR DOLLINGER: The reason,
through you Mr. President, the reason, Senator
4921
Padavan, I raise that question is because
while, your comment about the astronauts
perhaps apropos in some respects, nonetheless,
we have had a pretty good record shooting
people up into space and having them come back
down based on the lowest possible bidder.
They get there, they come back.
SENATOR PATERSON: Ever since
that accident of many years ago, they have
changed their procedures.
SENATOR DOLLINGER: There was, as
you know, a tragic mishap, but my question is,
is there any evidence or any report by the
comptroller or someone else that suggests that
this qualification based approach, which I
know is becoming more and more of a popular
trend, that it actually produced the kind of
cost savings?
SENATOR PATERSON: The proof in
the pudding is there. Every State agency for
the State of New York has been following this
procedure for years ever since I passed that
bill a decade or more ago. And it has
produced quality as well as a minimal cost,
meaning they are not paying more than they
4922
should.
When we travel around the state and
drive over a bridge, whether it is on the
Thruway or some other place, we want to be
assured that, yes, the taxpayers got the most
for their money, but also that bridge is going
to be there for a long time.
So the fact that the State agencies
have used this and worked with this for well
over a decade would indicated that it is the
right thing to do, and why a public benefit
corporation or an authority should not follow
that same procedure just does not make sense.
SENATOR DOLLINGER: Thank you,
Mr. President. I want to thank Senator
Padavan for his explanation.
I voted for this bill in the past
and I think I am going to vote for it again.
I do however continue to have concerns about
the departures from the public bidding
process, especially with respect do
professional services, and I think one of the
dangers, one of the things we have to keep our
eye on is not just the issue of cost but the
potential for manipulation that the lowest
4923
possible bidder, that whole theory was
designed to remove to some extent politics out
of the process of government procurement.
This bill steps away from that. I know that
the other departments of the Executive have
done that, but I think we need to keep our eye
on it and make sure that there is a strong
justification when we depart from the public
bidding laws.
ACTING PRESIDENT KUHL: Senator
Dollinger, I just would remind you that it's
difficult for the stenographer to pick up your
conversation when you turn away from the
microphone.
SENATOR DOLLINGER: I know, Mr.
President. That is why I quite haven't gotten
comfortable in this chair. I liked that one
over there where my back was to no one.
ACTING PRESIDENT KUHL: If you
would like to move over there, Senator, that
is perfectly okay with me.
SENATOR DOLLINGER: Thank you,
Mr. President.
ACTING PRESIDENT KUHL: Thank
you.
4924
SENATOR DOLLINGER: Thank you.
Read the last section.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 60th day.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Senator Skelos.
SENATOR SKELOS: Mr. President,
on the supplemental active list, would you
please call up Senator Padavan's bill,
Calendar Number 735?
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 735.
THE SECRETARY: Calendar Number
735, by Senator Padavan, Senate Print 1564, an
act to amend the Penal Law, in relation to the
piercing and branding of the body.
SENATOR DUANE: Explanation.
ACTING PRESIDENT KUHL: Senator
4925
Padavan, an explanation has been requested by
Senator Duane.
SENATOR PADAVAN: This bill
precludes body piercing on a child under the
age of 18 with the exception of ears and would
also provide as a part of the law that a
person is guilty of unlawful body marking
knowing that a person is intoxicated or under
the influence of drugs when he tattoos, brands
or pierces the body of a person.
ACTING PRESIDENT KUHL: Senator
Duane.
SENATOR DUANE: Would the sponsor
yield to a couple questions?
ACTING PRESIDENT KUHL: Senator
Padavan, do you yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Under this
legislation, if someone 17 years of age got a
tattoo and they were cited for that, would
that endanger their license?
SENATOR PADAVAN: I'm sorry,
would you repeat that question.
4926
SENATOR DUANE: Under the
legislation, if a 17 year old went and got a
tattoo, would -
SENATOR PADAVAN: Well, it is
currently illegal for a 17 year old to be
tattooed.
SENATOR DUANE: I understand
that.
SENATOR PADAVAN: Okay.
SENATOR DUANE: But I am
wondering if they were convicted of a criminal
charge of giving a tattoo to a minor if that
would effect their license?
SENATOR PADAVAN: Effect their
what?
SENATOR DUANE: License?
SENATOR PADAVAN: Driver's
license?
SENATOR DUANE: Tattooing
license.
SENATOR PADAVAN: Oh, the
tattooing license. The person who did the
tattooing, I would assume so. They are
hopefully -- they are not regulated the way we
want them to be. As a matter of fact there is
4927
another bill on the calendar that Senator
Marcellino has introduced that deals with
that.
So to the extent that they are
regulated they would be in jeopardy I presume,
but that regulation is very, very narrow in
its scope.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
SENATOR DUANE: It is a my
understanding that they are currently
licensed.
SENATOR PADAVAN: Only in the
City of New York.
SENATOR DUANE: Only in the City
of New York?
SENATOR PADAVAN: Senator, there
may be some other cities, but it is not a
state license.
SENATOR DUANE: I understand.
But then how does this bill address what takes
place by the licensing agent if they were
4928
convicted of the misdemeanor of tattooing a
minor?
SENATOR PADAVAN: Senator, the
law already prohibits the tattooing of a
minor, and whatever penalties are in the law
would apply. This extends that to body
piercing.
SENATOR DUANE: Excuse me, body
piercing.
Through you Mr. President, I am
wondering what action then, what does the
licensing agent -- does it call for a hearing?
What action would the agency take in terms of
an establishment that has been convicted of
body piercing?
SENATOR PADAVAN: Using the City
of New York as an example, they currently
license and someone violated this statute,
should it become law, whatever procedure they
now have in effect to review that license
would be the procedure that they would follow.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Padavan, do you continue to yield?
4929
SENATOR PADAVAN: Yes.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DUANE: So this
legislation makes it no more or no less likely
that they would retain their license?
SENATOR PADAVAN: It would be
another category for them to have that license
in jeopardy in the City of New York.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DUANE: In the case of an
emancipated 17 year old, what would be -- who
doesn't need parental permission, how does
this law impact body piercing of an
emancipated 17 year old.
SENATOR PATERSON: It doesn't
relate to that at all, Senator.
SENATOR DUANE: Through you, Mr.
President.
4930
ACTING PRESIDENT KUHL: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Then an
emancipated year old can get a body part
pierced?
SENATOR PADAVAN: The law is
quite specific, it says anyone -- the bill is
quite specific. Any child under the age of 18
is prohibited.
SENATOR DUANE: Then one final
question, through you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Padavan, do you continue to yield?
SENATOR PADAVAN: Yes.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DUANE: Can you tell me
what the rational is for 18 as opposed to 16?
SENATOR PADAVAN: Senator,
currently we have a whole body of law where 18
is the point where one embarks on a different
status in terms of the law.
4931
As an example, if anyone under 18
is in a physicians office and surgery or in a
hospital, unless it is life threatening and
the decision is made to go ahead with it,
there must be involvement by the parents.
Dentists would require that even
for oral surgery. By the way, dentists have
come out in support of this bill. There are a
number of reports by dentists, dermatologists
and other health providers, talking about the
serious problems, particularly in the area of
body piercing, medical problems. So, Senator,
18 is a point in the law that many, many
statutes relate to minor as versus adult.
SENATOR DUANE: Thank you. Thank
you, Mr. President.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 54, nays 2.
4932
Senators Duane and Schneiderman recorded in
the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Would you please
call up Calendar Number 498 on the
supplemental active list by Senator
Marcellino.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 498.
THE SECRETARY: Calendar Number
498, substituted earlier today by Member of
the Assembly Weisenberg, Assembly Print Number
1839, an act to amend the Labor Law.
ACTING PRESIDENT KUHL: Senator
Duane, why do you rise?
SENATOR DUANE: I believe there
is an amendment at the desk.
ACTING PRESIDENT KUHL: Senator
Duane, we are reviewing your amendment and for
your enlightenment, it does appear to be
germane but this is an amendment to the Senate
bill, the Assembly bill is the one that we are
debating. And while that is a technicality
4933
which could actually rule you out of order, we
are willing to listen to your amendment at
this time. So we will waive the reading of it
and you are now afforded the opportunity to
explain the amendment.
SENATOR DUANE: Mr. President,
first, gratitude does not begin to described
how I feel.
ACTING PRESIDENT KUHL: I knew
you would feel that way, Senator.
SENATOR DUANE: Thank you.
ACTING PRESIDENT KUHL: Maybe not
after the vote.
SENATOR DUANE: Thank you, Mr.
President.
The amendment would merely make it
so the Commissioner of Labor would prepare a
notice in English, Spanish, Chinese and Korean
and whatever other languages he or she would
deem appropriate for posting at the work site
of apparel employers which clearly states the
rights of the employees and the duties of the
employers concerning payment of wages, et
cetera. It also would provide for a toll free
number where -- and an address where an
4934
employee could lodge a complaint.
There is no such requirement in
existing law for apparel factories. And while
I certainly applaud and laud Senator
Marcellino's law, which is on the calendar
today having to do with prevailing wages and I
do think that is critically important, that
more information for workers makes for a
better work site. I also believe that
particularly with the problems we have been
having with sweat shops with workers fearful
that they will be fired from their work place
in the apparel industry, that the posting of
these notices in the language which many of
the workers speak would be very helpful toward
insuring not just more equitable work place
for the workers, but also for a safer work
place for all of the workers. And of course
as safe as work places are around New York
State makes the economic conditions of the
State of New York that much better.
So I would urge my colleagues to
add this amendment to the legislation which
would make it so the Commissioner of Labor
would require the posting of employee laws and
4935
regulations in the appropriate languages in
factories where garments and apparel is being
made.
ACTING PRESIDENT KUHL: Is there
any other Senator wishing to speak on the
amendment?
Hearing none, the question is on
the amendment. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed
nay.
(Response of "Nay.")
ACTING PRESIDENT KUHL: The
amendment is defeated.
Any member wishing to speak on the
bill?
(No response.)
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
4936
THE SECRETARY: Ayes 55, nays
one. Senator Kuhl recorded in the negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
on supplemental active list, would you please
call up Senator Larkin's bill, Calendar Number
809.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 809.
THE SECRETARY: Calendar Number
809, by Senator Larkin, Senate Print 3731, an
act to amend the Retirement and Social
Security Law, in relation to interest.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT KUHL: Senator
Larkin, an explanation has been requested by
Senator Paterson.
SENATOR LARKIN: Yes, Mr.
President. Senator Paterson, this legislation
limits the interest charges against
retroactive contributions to the initial date
of billing for their payments. As you may
4937
recall, in 1995, we authorized the 20 year
half pay for bridge and tunnel workers.
Pursuant to that legislation, the New York
City retirement system was supposed to set up
its collective data. They never got their
act together until March of 1998 and what we
want to do is preclude the New York City
retirement, and they have agreed to it, that
they can only assess interest charges back to
March of 1998. They had wanted to go all the
way back to '95 and charge the interest. Why
should it because they made the mistake, not
the employees.
So we want to only let them take
the interest and go back to March of '98 when
they finally resolved their internal
administrative problems.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President. If the Senator would yield for a
question?
ACTING PRESIDENT KUHL: Senator
Larkin do you yield?
SENATOR LARKIN: Yes, Mr.
4938
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR PATERSON: Senator, I am
just curious as to whether we are setting a
precedent here. Do we have any other type of
arrangement such as this for any other
employees?
SENATOR LARKIN: I know of
nothing else, Senator Paterson. We have
checked it and we have had the auditors look
at it and they said it was a miscalculation by
the City of New York. They were given the
authority to assess these individuals for the
contributions. They just never got their act
together and when the employees made constant
complaints and the union said, When are you
going to start assessing us, and they said, We
forgot.
They put their act together and now
they say, Well, because we didn't charge you
directly back in '95 we want to charge you
your basic rate of contribution plus an
interest rate. We say the interest rate
should only go to the time that they finally
4939
woke up and said this is a problem and we
should have had it in effect.
Why should the employees be
penalized for the mistakes of the employer.
ACTING PRESIDENT KUHL: Senator
Paterson.
SENATOR PATERSON: Thank you, Mr.
President.
I agree with you, Senator. Mr.
President, if the Senator would yield for
another question?
ACTING PRESIDENT KUHL: Senator
Larkin, do you continue to yield?
SENATOR LARKIN: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR PATERSON: Senator
Larkin, now that we are doing this, how much
do you think this would actually cost?
SENATOR LARKIN: $75,000.
SENATOR PATERSON: $75,000?
SENATOR LARKIN: Yes.
SENATOR PATERSON: To the
retirement system I assume?
4940
SENATOR LARKIN: Yes.
SENATOR PATERSON: Okay, that's
good.
Last section, Mr. President.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
SENATOR DOLLINGER: Mr.
President, excuse me.
ACTING PRESIDENT KUHL: Senator
Dollinger, why do you rise?
SENATOR DOLLINGER: Would Senator
Larkin yield just to one other question?
ACTING PRESIDENT KUHL: Senator
Larkin, do you yield to a question from
Senator Dollinger?
SENATOR LARKIN: Yes, Mr.
President.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DOLLINGER: I am
intrigued by the $75,000. $75,000 is what
they are waiving in interest charges?
SENATOR LARKIN: Yes.
SENATOR DOLLINGER: And through
you, Mr. President, where will they come up
4941
with that $75,000 to cover these employees for
the period of time they are not assessed for?
SENATOR LARKIN: It says $75,000,
but when you look at it, they are going to be
charged interest for right now, it is 15-18
months. That will pick up probably a third of
it. The city.
SENATOR DOLLINGER: Through you,
Mr. President.
ACTING PRESIDENT KUHL: Senator
Larkin, do you continue to yield?
SENATOR LARKIN: Yes.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DOLLINGER: I want to
thank Senator Larkin for his candid
description of this.
I just go back to something I
raised last week. This is another one of
those little tiny, whiny, unfunded mandates.
This is one of those things, remember we
passed a bill last week that was going to
outlaw unfunded mandates. No more. We were
going to end this process. We were not going
to tell people, mandate that they do something
4942
unless we paid for it. Here's a classic
example. Senator Larkin, a good beneficial
bill. Sounds like it is enormously fair for
those employees. What the heck, it wasn't
their fault they weren't assessed until March.
Very justifiable explanation for doing this.
But I would just point out to everyone in this
chamber, you don't like unfunded mandates,
don't vote for this bill because that is what
it is. It is saying there is a $50,000 cost,
not the entire cost but a $50,000 cost that is
going to be assessed on a local government
because we are mandating that they do
something that they don't otherwise have to
do.
And I would just suggest, Mr.
President, we have this debate every year, and
all I am going to do for the rest of the
session is try to find those unfunded
mandates, those things that will require
governments to do what we are not willing to
pay for.
I am convinced by Senator Larkin.
I would vote for this unfunded mandate. I
think it is fair. But recognize it for what
4943
it is. It is an unfunded mandate.
Thank you, Mr. President.
ACTING PRESIDENT KUHL: Senator
Larkin, did you wish to speak?
SENATOR LARKIN: Mr. President, I
just want to clarify something for Senator
Dollinger.
The employees did not make an
error, the City of New York personnel human
resources made the error and they did not
deduct it from their pay. Now they are saying
because we did not deduct it we want to charge
you interest for the period we didn't deduct.
Why should these employees, who
were complying with the law, was sent to the
personnel and somebody in personnel goofed up.
Should we therefore go to our employees and
say, You were allowed to contribute to your
retirement, but the City of New York did not
deduct it from your pay so we are going to
penalize you and make you pay an interest on
those deductions going back three years. I
think that is totally wrong and I don't
consider it a mandate, I consider it a wake up
call to those people who are managing the
4944
records of our employees, not a mandate.
Thank you.
ACTING PRESIDENT KUHL: Senator
Dollinger.
SENATOR DOLLINGER: Senator
Larkin, I understand your theory, but in order
to make the system whole, in order to account
for the time value of the money, what you
would do is you would charge an interest
factor. They are going to get the benefit of
that money, why shouldn't they pay it and pay
interest back into it?
The point I am making is simply,
this is $50,000 that will not be covered by
employee contributions that will be made up by
employer contributions or contributions from
some other place in the system. We are
telling them they have got to do something and
we are not giving then the $50,000, the
two-thirds of the $75,000, that we need to
make them whole.
I would just suggest that this is
how we start down the road to unfunded
mandates, a bunch of little tiny steps where
we tell people they have to do things, where
4945
we require our municipalities to come up with
the other $50,000, or what is worse, we
require the pension system to come with it.
We in essence take it from everybody else
collectively.
Senator Larkin, I think you are
right. I think it is unfair. But lets call
it what it is. We are telling someone to do
something without paying for it.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 56.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 1281,
by Senator Leibell, and then Calendar Number
1309, by Senator Leibell.
ACTING PRESIDENT KUHL: The
4946
Secretary will read the last section.
THE SECRETARY: Calendar Number
1281, by Senator Leibell, Senate Print 3136,
an act to amend the Retirement and Social
Security Law in relation to performance.
SENATOR DUANE: Explanation.
ACTING PRESIDENT KUHL: Senator
Leibell, an explanation has been asked for by
Senator Duane.
SENATOR LEIBELL: Yes, Mr.
President.
This bill would add a new section,
63-B, to the Retirement and Social Security
Law to give counties the option of offering a
three-quarters disability retirement to
sheriffs, undersheriffs, deputy sheriffs and
correction officers who are no longer able to
perform their duty as the result of an injury
sustained on the job.
This bill would also create a
presumption that a member covered under this
act who has been diagnosed with HIV,
tuberculosis or hepatitis contracted the
disease while in the line of duty unless the
contrary can be proven.
4947
The bill is at a local option, and
it takes an important step towards recognizing
the importance of the service that our local
sheriffs, deputy sheriffs, undersheriffs and
correction officers employed by counties
provide to our community and state.
This was previously passed by both
houses and vetoed on technical grounds by the
Governor. Those technical grounds have been
corrected by this bill.
ACTING PRESIDENT KUHL: Senator
Duane.
SENATOR DUANE: Would the sponsor
yield to a couple questions?
ACTING PRESIDENT KUHL: Senator
Leibell, do you yield to questions?
SENATOR LEIBELL: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: I am wondering,
through you Mr. President, if the Senator is
familiar with the ways in which HIV is
transmitted?
SENATOR LEIBELL: Yes, I have
read a number of things and heard many ways,
4948
yes.
SENATOR DUANE: And through you
Mr. President, then Senator, you are aware
that HIV is transmitted through body fluids
and not through casual contact?
SENATOR LEIBELL: Correct.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Leibell, do you continue to yield?
SENATOR LEIBELL: Yes.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Would it be an
assumption that we could share that sheriff's
and correctional officers should not be having
sex with incarcerated people or sharing
needles with them or giving them blood
transfusions or breast feeding incarcerated
people?
SENATOR LEIBELL: I think that we
can agree on that.
SENATOR DUANE: Then if the
sponsor would continue to yield?
ACTING PRESIDENT KUHL: Senator
4949
Leibell, do you continue to yield?
SENATOR LEIBELL: Yes.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DUANE: I am wondering
why it is that you believe that the
presumption should be that a correction
officer or a sheriff would have gotten their
exposure to HIV as part of their duties since
none of those things are part of their duties?
SENATOR LEIBELL: I don't know if
you have been in a correctional facility, as a
visitor I am certain, but if you go into one
of those you realize the unusually close
proximity with which these people work and
live. Whether it is hepatitis or tuberculosis
or HIV, there are numerous ways that it can be
communicated. In fact, one way through
communicating is through bite. There have
been many correction officers for instance in
my district who have been subjected to that.
It is a great concern, whether it is HIV or
hepatitis, and the ways that they can be
communicated are particularly possible in that
close and difficult setting.
4950
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Leibell, do you continue to yield?
SENATOR LEIBELL: Yes.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DUANE: It is my
understanding that in correctional facilities
that reports of scuffles or fights between
corrections officers and inmates are well
documented. Is that correct, Senator?
SENATOR LEIBELL: That they do
occur?
SENATOR DUANE: When they do
occur that they are documented?
SENATOR LEIBELL: I believe in
the vast majority of cases they would be.
SENATOR DUANE: And is it not the
case that your legislation does not even call
upon seeing documentation of such an incident
in order for the assumption to be made that
that transmission of HIV happened.
SENATOR LEIBELL: That is
correct.
4951
SENATOR DUANE: So would it not
be -
ACTING PRESIDENT KUHL: Senator
Duane, are you asking Senator Leibell to
continue to yield?
SENATOR DUANE: Yes.
ACTING PRESIDENT KUHL: Senator
Leibell, do you continue to yield.
SENATOR LEIBELL: Yes.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DUANE: I am wondering if
the Senator sees then a sort of, as we would
say in the nineties, a disconnect between no
report of an altercation where there biting or
transference of body fluids and the automatic
provision of disability based upon HIV status?
SENATOR LEIBELL: I should point
out to you that under Chapter 722 of the Laws
of 1996 this same benefit to corrections
officers employed by DOCS, correctional
services, and security hospital assistants
within OMH was granted, so there is a strong
precedent for this.
SENATOR DUANE: Mr. President, I
4952
am afraid I'm going to have to ask him to -- I
just didn't get all that. Could you repeat
that, please?
SENATOR LEIBELL: We already
grant this for state employees who are
involved in the same type of work.
SENATOR DUANE: Okay. That's too
bad. I am wondering about your legislation.
SENATOR LEIBELL: We would have a
basic disagreement because I think that is
good that we do it for State employees, and I
think it is good that we do this here under
our piece of legislation, this piece of
legislation.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT KUHL: Are you
asking the Senator to continue to yield?
SENATOR DUANE: Yes, please.
ACTING PRESIDENT KUHL: Senator,
do you continue to yield?
SENATOR LEIBELL: Yes.
ACTING PRESIDENT KUHL: The
Senator continues to yield.
SENATOR DUANE: Even though the
4953
case may be that there is evidence that an
altercation has taken place, there is no
documentation, you still believe that the
sheriff or the correctional employee should be
basically automatically provided with the
benefits even if there is no proof or even
possibility that HIV had been transmitted
within the prison setting?
SENATOR LEIBELL: This is,
Senator, a rebuttable presumption. It is a
presumption. It is something to aid them and
make it easier for them in order to establish
what has occurred. But if there is evidence
to the contrary that can be submitted.
ACTING PRESIDENT KUHL: Senator
Duane.
SENATOR DUANE: Yes, through you
Mr. President, if the sponsor would you
continue to yield?
ACTING PRESIDENT KUHL: Senator
Leibell, do you yield to another question?
SENATOR LEIBELL: Yes, I will.
ACTING PRESIDENT KUHL: The
Senator yields.
SENATOR DUANE: Does the Senator
4954
have any concerns that this might aid and abet
the misinformation and miseducation that
people have about the transmission of HIV by
having the assumption made that HIV can be
transmitted through the air or without any
evidence of there having had been any body
fluid transfers happens.
SENATOR LEIBELL: No, I don't
have that worry at all and there is nothing in
this bill would lead anybody to that
conclusion.
SENATOR DUANE: On the bill, Mr.
President.
ACTING PRESIDENT KUHL: Senator
Duane on the bill.
SENATOR DUANE: I just, I can't
imagine how it is that anybody would think
that this is good public policy to make it the
assumption that someone who has HIV who is
employed in the correctional system, without
any evidence of there having been an
altercation of any kind that it should be
automatically assumed that they got HIV
through another person. It is just patently
absurd. There is nothing in public health or
4955
medical science that would in any way lead
anyone to possibly believe that HIV is
transmitted except through very specific
circumstances, none of which are required to
be shown as part of this legislation.
So not only is it fiscally
imprudent, but it is from a public health
point of view counterproductive and harmful in
terms of the public health education efforts
which are on going about the spread of HIV.
Common sense I think would dictate
that my colleagues would vote no on this
legislation. It is completely and totally and
utterly absurd, and there really is no way
around it.
Thank you, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 55, nays
two. Senators Duane and Schneiderman recorded
in the negative.
4956
THE PRESIDENT: The bill is
passed. Senator Volker.
SENATOR VOLKER: Madam President,
would you please call up 1309, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1309, substituted earlier today, by Member of
the Assembly Vitaliano, Assembly Print Number
4497, an act to amend Chapter 929 of the laws
of 1986.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, this is the two year extender on
binding arbitration law that expires on July
1st.
If the sponsor, Senator Leibell
would yield for a question?
THE PRESIDENT: Senator Leibell,
will you yield to a question?
SENATOR LEIBELL: Yes.
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: Senator, what
would be the public interest in extending this
4957
law for another two years.
SENATOR LEIBELL: This has been a
method that has -- a piece of legislation that
has been extended repeatedly over the course
of years I think since 1986. And we have done
it every two years. It is a piece of
legislation that we feel it necessary for our
employee relations and it has been used to
resolve labor disputes over the course of
these years. It is certainly something that
the Legislature in both houses has supported.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: If Senator
Leibell would yield for another question,
Madam President?
THE PRESIDENT: Senator, do you
continue to yield?
SENATOR LEIBELL: Yes.
THE PRESIDENT: Go ahead, Senator
Paterson.
SENATOR PATERSON: Is there any
approximation of what the cost for the
employers would be for the extender?
SENATOR LEIBELL: I'm sorry,
Senator, I didn't hear your question?
4958
THE PRESIDENT: Senator, could
you speak up, please?
SENATOR PATERSON: I'm sorry.
Was there any assessment of what the cost
would be through this extender?
SENATOR LEIBELL: There is no
additional cost.
SENATOR PATERSON: Okay, very
good. If that is the case, Madam President,
then if Senator Leibell would yield to one
last question?
THE PRESIDENT: Senator will you
yield to a question?
SENATOR LEIBELL: Yes.
THE PRESIDENT: One question,
Senator Paterson.
SENATOR PATERSON: I can vote on
this bill, Madam President. I am just
wondering why we are extending it for two
years and not making it permanent law, if
Senator Leibell would care to comment?
SENATOR LEIBELL: Yes, Madam
President, like many other pieces of
legislation we take the opportunity to review
them every two years. That is certainly quite
4959
common in this house and in the Assembly also.
And it gives us the opportunity to look back
and to see what we have done and to see what
we should be doing in the future.
That's why we go with the two year
extender.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Will the
sponsor yield to a question?
THE PRESIDENT: Senator Leibell,
will you yield.
SENATOR LEIBELL: Yes.
THE PRESIDENT: Go ahead, Senator
Dollinger.
SENATOR DOLLINGER: Has the
Metropolitan Transit Authority asked us to do
this?
SENATOR LEIBELL: Yes.
SENATOR DOLLINGER: Through you,
Madam President, the Metropolitan Transit
Authority asked us to do it in the first
place?
SENATOR LEIBELL: Yes.
SENATOR DOLLINGER: They did?
4960
There was never any opposition? Even way back
at the start when they starting binding
arbitration for these workers?
SENATOR LEIBELL: Just speaking
with counsel, and you are asking me some of
the history of this, which I am probably less
equipped than maybe some others to respond to,
but my understanding is that it was requested
by labor and management and has been requested
by them over the course of many years that we
have been extending it.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Through you,
Madam President, thank you to Senator Leibell
for the response to the question.
My recollection about the start of
binding arbitration for all of these services
is that they were opposed by management at the
start. I will just go back to familiar
refrain. I said it to Senator Larkin and I
will say it again every time it comes up. We
passed a bill last week, no unfunded mandates.
We are not going to tell anybody in this
state, any other level of government what to
4961
do that has any cost associated with is unless
we pay for that cost. This is a bill that
binding arbitration, which I have supported
for police and fire, good idea. You are
absolutely correct, Senator Leibell. It has
created peace in our police and services and
our vital services in this state. It was the
right thing to do. But again, lets not
mistake it. Binding arbitration is an
instance of an unfunded mandate. We are
clearly telling them what to do. We are
clearly telling them how to resolve their
labor disputes and we are doing it and forcing
them to pay for that cost of doing it and not
paying for it ourselves.
This is another one of those
mandates. We tell them what to do and we
don't necessarily give them the money to pay
for it when it is all said and done.
So, Senator Leibell, I have always
thought that binding arbitration was a great
idea for police and fire. It has brought us
labor peace. But once again lets clarify it
for what it is. It is an unfunded mandate
and, with all due respect to my colleagues on
4962
the other side, we can not have it both ways.
You can't be against unfunded mandates one
week and then passing them the next.
Something seems to be inconsistent about that.
Thank you, Madam President.
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 57.
THE PRESIDENT: The bill is
passed. Senator Volker.
SENATOR VOLKER: Madam President,
call up Calendar Number 1317, by Senator
Goodman, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1317, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8338-A, an act to amend the Agriculture
and Markets Law.
SENATOR DUANE: Explanation,
4963
please.
THE PRESIDENT: Senator Goodman,
an explanation has been requested.
SENATOR GOODMAN: Who requested
the explanation, please, Madam President?
THE PRESIDENT: Senator Duane
asked for the explanation.
SENATOR GOODMAN: Senator Duane,
this bill creates a new kind of aggravated
cruelty to animals. Its purpose is to create
a situation in which it is plainly understood
by anyone who would torture an animal, a dog
or a cat in particular or other domesticated
animal, with no justifiable purpose, it would
involve intentional killing or intentional
causing of serious physical injury to a
companion animal with aggravated cruelty.
It is named after Buster the cat,
who was set on fire by its owner, in a wanton
and totally irresponsible manner. And this
bill would punish severely anyone who does
that and it has in mind particularly the fact
that there is an established pattern with
innumerable serial killers that they have been
cruel to animals prior to being cruel to human
4964
beings and killing them. We are very anxious
to try to deter this sort of behavior at the
outset of it before it is taken out on human
beings and that is the genesis of the bill.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Madam President,
would the sponsor yield to a question?
SENATOR GOODMAN: Yes, I would.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: Thank you. Is it
safe to say that this legislation creates a
new category of crime?
SENATOR GOODMAN: The crime that
is involved here would be an E Felony,
punishable by a sentence of up to two years.
SENATOR DUANE: That is new, is
it not, Senator?
SENATOR GOODMAN: It is new for
this particular crime, but it is not new as a
category.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Through you,
Madam President.
THE PRESIDENT: Go ahead,
4965
Senator.
SENATOR DUANE: Does the
legislation speak or, I would like you to
confirm that it speaks to motivation and
intent in that it says intentionally kills,
talks about depraved or sadistic manner?
SENATOR GOODMAN: Correct,
Senator.
SENATOR DUANE: Through you,
Madam President.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: I am wondering if
the Senator would agree with me that cruelty
to another human being based on who that human
being is, what that human beings
characteristics are is as important as
protecting animals against crimes directed to
them?
SENATOR GOODMAN: Expressly so,
Senator, yes.
SENATOR DUANE: Thank you.
Through you, Madam President.
THE PRESIDENT: Go ahead,
Senator.
4966
SENATOR DUANE: And so you would
agree that great importance should be given to
both crimes against animals based on depravity
and sadism intentionally committed as well as
crimes committed against a person based on who
they are or who they are perceived to be.
SENATOR GOODMAN: I presume you
are not asking these questions with any
serious question in your mind as to what my
answer is. The answer is obviously yes.
SENATOR DUANE: Thank you.
Because I do, through you, on the bill, Madam
President.
THE PRESIDENT: Go ahead, Senator
Duane, on the bill.
SENATOR DUANE: I do believe that
the Senator and I do share that opinion. And
I wonder why it is then that -- and I agree
with this legislation and the intent of the
legislation and I think that cruelly to
animals is a terrible, terrible thing. But I
wonder why it is that we'll be able to pass
this legislation dealing cruelty to animals
and yet we are not able to even begin the
debate on the floor on a bias related bill to
4967
increase penalties and make it possible to
actually have reporting of bias related
crimes.
Though I think it is terrible thing
to have an animal hurt or killed by a human
being, if you could call them that, if that's
what they are willing to do to an animal, I
also think that it is a terrible, terrible
thing to perpetrate bias upon people based on
the perception that they might be a Jewish or
African-American or gay or lesbian or disabled
that we are unable in this body to pass
legislation which actually addressed that that
is a problem in New York State.
I certainly applaud this
legislation, but I think that it is a disgrace
of this body that we are not able to pass, or
to even debate, to even allow people to vote
on legislation which would protect people
against bias related attacks that would lead
to the sensitizing of law enforcement
agencies, police, district attorneys, judges,
victims advocates, as to the terrible problem
that bias is in our State.
So I'm certainly going to vote for
4968
this legislation because I think cruelty to
animals is a terrible, terrible thing. But I
also think that this body should recognize
that bias related attacks based on who a
person is perceived to be is also a terrible,
terrible thing. And I challenge my colleagues
to make it possible for us to vote on bias
related legislation before the end of this
legislative season.
Thank you, Madam President.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
I rise in support of this
legislation and applaud you, Senator Goodman.
This is a significant piece of legislation.
Buster the cat came from Schenectady and it
was a very celebrated if horrible crime that
was committed on a little cat in my district
where somebody poured kerosene on it and it
suffered at great length and then eventually
died. There were thousands upon thousands of
school children and citizens that petitioned
to have this bill become law.
Assemblyman Tedisco, who is my
4969
Assemblyman, and I had legislation along with
Senator Goodman who had this bill for years.
This is a particular crime that has
very, very odd and strange -- because many of
your serial killers are also animal torturers,
and some of your most heinous crimes that have
been committed in society, they go back to the
person torturing animals or doing terrible
things on little pets and so forth.
This bill has been modified and
excludes farm animals and things like that.
It is an excellent piece of legislation. It
should have become law last year. Senator
Goodman worked very hard to get it out of the
Assembly. I suspect that it will become the
law and it is about time that we recognize
that the Buster Bill becomes part of our law.
Thank you, Madam President.
THE PRESIDENT: Read the last
section. Excuse me, Senator Duane, why do you
rise?
SENATOR DUANE: For my second
round, Madam President, which I think is
permitted under the rules.
THE PRESIDENT: Are you on the
4970
bill, Senator Duane?
SENATOR DUANE: Yes, Madam
President.
THE PRESIDENT: You may proceed
on the bill.
SENATOR DUANE: Thank you. I
would like to point out that thousands and
thousands of people have written to Senators
here, have called Senators here regarding the
bias bill. If the number of calls is what it
is that drives legislation I will match the
bias bill letter for letter, phone call for
phone call for this also excellent piece of
legislation.
Some of you heard earlier in the
session the story of a young man named Tom
Duane who went out to the east end of Long
Island and was beaten up in a parking lot only
because they thought that I was a gay person.
And you probably also heard that that case
went to trial. Not one person from law
enforcement contacted me before it went before
the judge. It was pled down to the lowest
possible misdemeanor, and the biggest tragedy
of all of that is that unlike what happened
4971
with Buster the Cat, what happened with Tom
Duane was, there is no place at all anywhere
in the State of New York that a record of what
happened to me exists because without a bias
bill there is no reporting of bias related
crimes. There is no statewide reporting.
So once again I call on my
colleagues before this Legislative session
ends to bring up the bias bill so it can be
debated on the floor on the merits and, I
believe, to see its passage.
Thank you, Madam President.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Madam President,
I would like to explain my vote.
THE PRESIDENT: Excuse me,
Senator, I couldn't hear you.
SENATOR VOLKER: I would like to
explain my vote, so I will -
THE PRESIDENT: Alright. Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect November 1.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
4972
THE PRESIDENT: Senate Volker to
explain your vote.
SENATOR VOLKER: Madam President,
let me just say first of all, Senator Duane, I
am not going to comment except to say that
there is a crime for what happened to you and
a fairly serious crime.
All this bill does, this is an
entirely different situation. This bill
upgrades the penalty, virtually no penalty for
what was occurring as far as animals are
concerned.
The problem with this bill though
is, and I have talked with Senator Goodman
about this, unfortunately the Assembly can't
stomach doing a really tough bill because for
the first time in my memory in the Penal Law
the Assembly refused to do a Class E felony
that would in effect be a two year state
prison sentence.
What this bill does is, it creates
a situation where you have two years but in
the local jail. That is a little bit of a
problem for me as chairman of Codes. The
Senate was more than willing to do two years
4973
state time, but unfortunately the Assembly
just doesn't feel apparently that this
situation was serious enough to warrant state
prison time.
I think that is unfortunate, but
I'm still going to vote for the bill because
-- but I think the problem is that certainly
we should not change the whole Penal Law
because the people in the Assembly felt that a
Class E felony doesn't warrant somebody going
to state prison.
So I am going to vote for the bill.
THE PRESIDENT: Senator Volker,
you will be recorded as voting in the
affirmative on this bill.
Senator Duane, to explain your
vote.
SENATOR DUANE: To explain my
vote, Madam President.
I am voting in the affirmative on
this because as is the case with what this
legislation seeks to address, there was
virtually no penalty enacted for what happened
to me. And the bias bill would simply
increase what that virtual no penalty was to
4974
me but hopefully long term, set an example and
educate as to the wrongness of bias related
attacks as I am sure this legislation will
convey the message that attacking and killing
innocent animals is also a terrible thing to
do.
I vote yes, Madam President.
THE PRESIDENT: Senator Duane,
you will be recorded as voting in the
affirmative on this bill.
Senator Goodman.
SENATOR GOODMAN: May I explain
my vote, Madam President?
THE PRESIDENT: Senator Goodman,
to explain your vote.
SENATOR GOODMAN: Madam
President, this is one of three bills which I
am sponsoring this year with the hope that we
can put an end to various types of cruelty to
animals and to birds. There is one other bill
which I would like to bring to the attention
of the house at this moment, which awaits our
action and hopefully it will be before us
shortly. That is a bill which permits the
poisoning of pigeons with the use of a
4975
chemical called Avitrol. Avitrol is a
chemical which causes anything that comes in
contact with it, including young children, to
go into convulsions of a serious variety
before losing consciousness and in the case of
pigeons in particular for which it is used in
the City of New York, it causes these pigeons
to become very convulsant and ultimately to
die.
Madam President, the use of that
poison should be prevented by the action of
the City Council in the City of New York and
that bill awaits our action.
I would also like to bring the
attention of the house to a second bill,
really a third bill in this group, which
relates to the problem of the ASPCA and the
various abuses attributed to it in the City of
New York. This third bill would create a
separate and different approach to the
handling of pet animals which are taken in the
City which may have no owners or may have lost
their claim to ownership and seeks to see that
they are handled in a much more humane
fashion.
4976
I think in general anyone who cares
about animals or any other pets would be
concerned with all three of these measures,
and I am very grateful to the house for
passing this one and I hope it will be the
first of three actions which will round out a
program of considerable significance to those
who care about the well-being of animals.
Thank you. I vote in the
affirmative.
THE PRESIDENT: Senator Goodman,
you will be recorded as voting in the
affirmative on this bill.
The Secretary will announce the
results.
THE SECRETARY: Ayes 57.
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: Madam President,
would you please lay aside for the day
Calendar Number 1162, by Senator Rath.
THE PRESIDENT: The bill is laid
aside for the day, Senator Skelos.
SENATOR SKELOS: Madam President,
I also understand on Calendar Number 294 on
4977
the supplemental active list, the Minority has
withdrawn their lay aside. Would you call that
up at this time?
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
294, by Senator Spano, Senate Print 2027, an
act to amend the Retirement and Social
Security Law, in relation to withdrawing.
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 57.
THE PRESIDENT: The bill is
passed.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Rules Committee in
4978
the Majority Conference Room.
SENATOR SKELOS: Madam President,
would you please called up on the supplemental
active list Calendar Number 399, by Senator
Alesi.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
399, by Senator Alesi, Senate Print 3483, an
act to amend the Economic Development Law and
others, in relation to program reporting.
THE PRESIDENT: Read the last
section.
SENATOR BRESLIN: Explanation.
THE PRESIDENT: Excuse me,
Senator Breslin.
SENATOR BRESLIN: Explanation,
please.
THE PRESIDENT: Senator Alesi, an
explanation has been requested by Senator
Breslin.
SENATOR ALESI: Thank you, Madam
President.
This bill simply requires that
various number of state agencies and programs
4979
that submit numerous individual reports at
different times during the fiscal year make
those reports directly to the Commissioner of
Economic Development and that they be collated
into one singular report no later than six
months after the end of the fiscal year.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Through you,
Madam President, would the sponsor yield to a
couple of questions?
THE PRESIDENT: Senator, will you
yield?
SENATOR ALESI: Yes, I will.
THE PRESIDENT: Go ahead, Senator
Breslin.
SENATOR BRESLIN: Senator Alesi,
would there not be some efficacy to having
reports given for different programs? I guess
there are about 20 plus different programs
that are covered under this legislation, have
the reports done throughout the year so there
is some consistency of work product.
SENATOR ALESI: Through you,
Madam President, actually there is a lack of
consistency if you look at it from the attempt
4980
of the legislation because of the different
times during the year that all of these
various agencies would be reporting they can
not be collated effectively. And more
importantly, there is a requirement that they
have a biannual report as well, meaning that
every two years agencies involved in economic
development would have to report on programs
that are still in effect and the result of
which can not be measured easily within two
years.
As a result of that the bill aims
to extent that period to five years. So
again, in response to your question, the
attempt is to simplify all of the information
that is forth coming from those various
entities and save staff time and make the
efforts of these reports more effective for
the use of the Commissioner.
SENATOR BRESLIN: Again, through
you, Madam President, will the sponsor yield
to an additional question?
THE PRESIDENT: Senator, do you
yield?
SENATOR ALESI: Yes.
4981
THE PRESIDENT: Go ahead, Senator
Breslin.
SENATOR BRESLIN: In those 20
some odd programs, just reviewing the
programs, it appears some deal with inner city
problems and others deal with development of
business in rural areas and they have some
target specific requirements that we have
passed here in the Legislature for reporting
purposes so we, as a Legislature, can analyze
them.
Doesn't this bill, in the spirit of
getting an expedited report with the degree of
consistency give up some of what we would
consider important information that we can
analyze?
SENATOR ALESI: Through you,
Madam President, I don't think that that would
be the case in view of the fact that every one
of these agencies, and there are nearly two
dozen as you correctly pointed out, operate
within the framework of the state budget and
whatever money is allotted over one year or
multi-year programs. And so the time that the
prescribed reports are due currently in my
4982
estimation would be improved upon if they were
all to report within a six month period. It
does not say they have to all report on the
same day, but it says that they have to report
within six months and after that six month
period then those reports would then be
collated into one report for the overall use
of the Commissioner of Economic Development.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: On the bill,
Madam President.
THE PRESIDENT: On the bill, go
ahead.
SENATOR BRESLIN: Thank you,
Madam President, and thank you, very much,
Senator Alesi.
I voted for this bill last year. I
do have some problems with it, but I think
Senator Alesi has given us a great deal of
information and I hope that everything you
have said comes to fruition, that it expedites
the reporting process and that we are able to
assimilate information that is easier to
analyze.
And as I indicated, I will vote for
4983
the bill.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 29. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57.
THE PRESIDENT: The bill is
passed. Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, on the supplemental active list,
please call up Calendar Number 473, please.
THE PRESIDENT: The Secretary
will read.
Senator Breslin, why do you rise?
SENATOR BRESLIN: On the bill.
THE PRESIDENT: We have to follow
procedure first, Senator. Thank you.
THE SECRETARY: Calendar Number
473, by Senator Spano, Senate Print 1489-A, an
act to amend the Vehicle and Traffic Law.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: An explanation,
please.
4984
THE PRESIDENT: Senator Spano,
Senator Breslin is requesting an explanation.
SENATOR SPANO: Madam President,
this is a bill that would allow for
residential parking for residents in the
Village of Tarrytown in Westchester County.
SENATOR BRESLIN: On the bill,
Madam President.
THE PRESIDENT: Senator Breslin,
on the bill.
SENATOR BRESLIN: I applaud your
bill. I think it is a fine piece of
legislation, Senator Spano. There have been a
number of others through the last several
years that have been very good bills for the
particular legislative community that have
been accompanied with home rule messages and I
would just like to reinforce that there is an
Albany parking bill that has languished here
in our house for the last couple of years that
is very important to the Albany community,
very important to the Albany community. And I
would ask that members of my conference as
well as members from the other side allow that
bill to come out of committee, to be debated
4985
and pass to protect the citizens of Albany
County.
I intent to vote yes on Senator
Spano's bill.
Thank you, very much, Madam
President.
THE PRESIDENT: There is a home
rule message at the desk.
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 57.
THE PRESIDENT: The bill is
passed. Senator Fuschillo.
SENATOR FUSCHILLO: On the
supplemental active list, please call up
Calendar Number 373, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
373, by Senator Saland, Senate Print 2977, an
act to amend the Social Services Law, in
relation to child abuse.
4986
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: The bill is
passed. Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, if we could return to motions and
resolutions, please.
THE PRESIDENT: We will return to
motions and resolutions. The Secretary will
read.
Senator Balboni.
SENATOR BALBONI: Thank you,
Madam President.
I wish to call up my bill, Print
Number 5446-A, recalled from the Assembly
which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
4987
815, by Senator Leibell, Senate Print 5446-A,
an act to amend the Retirement and Social
Security Law.
SENATOR BALBONI: Madam
President, I now request that -- I now move to
reconsider the vote by which the bill was
passed.
THE PRESIDENT: The Secretary
call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58.
THE PRESIDENT: Senator Balboni.
SENATOR BALBONI: Madam
President, I now offer the following
amendments.
THE PRESIDENT: The amendment is
received.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, I believe there is a privileged
resolution at the desk by Senator Leibell. I
ask that the title be read.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
4988
Leibell, Legislative Resolution Number 2006,
honoring and paying tribute to the
distinguished and remarkable life of Zachary
Fisher, an American patriot.
THE PRESIDENT: On the
resolution, Senator Leibell.
SENATOR LEIBELL: Yes, Madam
President.
Briefly, we recently lost Zach
Fisher, who was well known throughout New York
City, New York State and the United States not
only as a successful businessman, someone who
was heavily involved in the real estate
industry, but as someone who was a great
humanitarian, as someone who was intimately
connected with medical research in a wide
variety of areas. And also someone who was
much loved by every person who wears the
uniform of this county.
Zach Fisher had, over the course of
many, many years devoted his time, his
efforts, his assets to furthering the cause
and the needs of our military personnel.
For those of you who have had the
opportunity and the treat, I might add, of
4989
going to the Intrepid Museum, that air craft
carrier was literally a rusting hulk before
Zach was there with his money, with his
energy, with his wisdom to turn it into the
great maritime museum that it is today.
So I introduced this resolution
commemorating a good life, a life that was
devoted to making this a better state, a
better nation, and ask all of you to join with
me in recognizing Zach Fisher for the
tremendous accomplishments he had over the
course of many, many generations.
THE PRESIDENT: On the
resolution, Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President.
I am very pleased to have this
resolution before us and thank you Senator for
bringing the resolution before us.
Zach Fisher was for many, many
years a close personal friend of my family. I
could think of no more extraordinary
individual or an American for that matter, and
without going through the abundance of
accomplishments and contributions that he made
4990
in many, many facets of life, including his
invaluable contribution to all of the military
services, the point that must be made here is
that he did it in a fashion that you don't
often see in society these days. He had in
the most low key, humble fashion, not seeking
aggrandizement, not seeking attention and not
seeking a pat on the back or a pat on the
shoulder for anything that he did. And
without revealing some of the things that I
know that he did, suffice it to say that he
eased the suffering of the families of
individuals who had undergone tragic
circumstances immeasurably and he did things
like this, deeds like this, on countless
occasions, left an imprint on the military,
left an imprint in New York City and left an
imprint indelible by all those who knew him.
I am so pleased that this
resolution is here today. It is perhaps the
most fitting way for this institution to
recognize the wonderful life and wonderful
contributions of Mr. Zachary Fisher.
THE PRESIDENT: On the
resolution, all in favor signify by saying
4991
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, I ask that this resolution be
opened to sponsorship of all the members.
Anybody wishing not to go on, if they could
raise their hand and state their objection.
THE PRESIDENT: All those members
who do not wish to be sponsors of the
resolution please notify the desk.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, can we stand at ease for a few
minutes, please?
THE PRESIDENT: The Senate stands
at ease.
(The Senate stood at ease from 4:15
p.m. until 4:25 p.m.)
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
4992
if we could return to reports the standing
committees, I believe there is a report from
the Rules Committee at the desk. I ask that
it be read.
THE PRESIDENT: The report is at
the desk. We will return to reports of
standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules offers up the
following bills directly for third reading:
Senate Bill Number 34-B, by Senator
Velella, an act to amend the Insurance Law;
2000-B, by Senator Johnson, an act
to amend the Transportation Law and the State
Finance Law;
2264, by Senator Stachowski, an act
directing the commissioner;
2425-B, by Senate Wright, an act to
amend the Economic Development Law;
2928, by Senator Oppenheimer, an
act to amend the Public Housing Law;
3019-A, by Senator Saland, an act
authorizing the reopening of the 20 year
retirement plan;
4993
3183-a, by Senator LaValle, an act
to amend the Public Authorities Law;
3490-A, by Senator Seward, an act
to amend the Insurance Law;
3870-A, by Senator Hannon, an act
to amend the General Business Law;
4166, by Senator Nozzolio, an act
to permit the reopening of the optional 20
year retirement plan;
4238-B, by Senator Trunzo, an act
authorizing the County of Suffolk;
4388-B, by Senator Marcellino, an
act in relation to authorizing;
4405-A, by Senator Larkin, an act
to amend the General Municipal Law;
4459, by Senator Marchi, an act to
amend the Not-for-Profit Corporation Law;
4467-A, by Senator Spano, an act to
amend the Labor Law;
4745-A, by Senator Fuschillo, an
act directing the transfer of certain parcels;
4771, by Senator Skelos, an act
authorizing the transfer of John Roll into the
optional 20 year retirement plan;
4925, by Senator Hannon, an act to
4994
amend Chapter 884 of the Laws of 1990;
5134-A, by Senator Padavan, an act
to authorize the commissioner;
5225, by Senator LaValle, an act to
amend the Town Law;
5318, by Senator Kuhl, an act to
amend the Education Law;
5484-B, by Senator Leibell, an act
to amend the Public Authorities Law;
5701, by Senator Padavan, an act to
amend the General City Law;
5712, by Senator Hannon, an act to
amend the New York State Medical Care
Facilities Finance Agency Act;
5734, by Senator Larkin, an act to
amend the Insurance Law;
5736-A, by Senator Saland, an act
to establish a public library district;
5746, by Senator Marchi, an act to
amend the Navigation Law;
5748, by Senator Larkin, an act to
provide for the enrollment;
5753, by Senator Rath, an act to
Chapter 118 of the Laws of 1893;
5776, by Senator Meier, an act to
4995
amend the Tax Law;
5777-A, by Senator Skelos, an act
to amend Chapter 582 of the Law of 1998;
5807, by Senator Nozzolio, an act
in relation to authorizing;
5819, by Senator Morahan, an act
authorizing the reopening of the 20 year
retirement plan;
5824, by Senator Nozzolio, an act
authorizing the State University of New York;
5830, by Senator Fuschillo, an act
to amend the Education Law;
5878, by Senator Marcellino, an act
to amend Chapter 548 of the Laws of 1995;
5903, by Senator Bruno, an act to
allow Joanne Reimann to receive retirement
service credit;
5911, by Senator Nozzolio, an act
to amend Chapter 886 of the Laws of 1972; and
5790, by Senator Lack, an act to
amend the Public Authorities Law.
All bills directly for third
reading.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Move to accept
4996
the report of the Rules Committee.
THE PRESIDENT: We will return to
the report of the Rules Committee.
The motion is to accept the report
of the Rules Committee. All those in favor
say aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: The motion is
passed and the report is accepted.
Senator Skelos.
SENATOR SKELOS: Madam President,
I believe the Minority has withdrawn their lay
aside on Calendar Number 1286 and 1312, by
Senator Marchi, if we could call up those
bills now.
THE PRESIDENT: The Secretary
will read 1286.
THE SECRETARY: Calendar Number
1286, by Senator Marchi, Senate Print 4475, an
act in relation to authorizing the City of New
York.
THE PRESIDENT: There is a home
rule message at the desk. Read the last
4997
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: Call up Calendar
1312, please.
THE PRESIDENT: The Secretary
will read Calendar 1312.
THE SECRETARY: Calendar Number
1312, by Senator Marchi, Senate Print 4476-B,
an act in relation to authorizing the City of
New York.
THE PRESIDENT: There is a home
rule message at the desk. Read the last
section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
THE PRESIDENT: The bill is
4998
passed. Senator Skelos.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 413,
by Senator Volker. That is on the
supplemental active list.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
413, by Senator Volker, Senate Print 2059, an
act to amend the Civil Practice Law and Rules.
THE PRESIDENT: Senator Duane,
are you requesting an explanation?
SENATOR DUANE: Yes, Madam
President, explanation.
THE PRESIDENT: Senator Volker,
an explanation has been requested Senator
Duane.
SENATOR VOLKER: Madam President,
this is a bill that has passed this house on a
number of occasions, and in fact I hesitate
and regret to say was agreed to with the
Governor here some years ago, and then by some
confusion was vetoed by the Governor after I
had come to an agreement with the previous
counsel to the Governor.
4999
We had watered down a piece of
legislation sponsored by Harvey Weisenberg and
myself that would deal with confidential
communications between union officials, part
of the bargaining unit and police officers.
The bill, you know, merely allows
the privilege where police officers have
communicated with elected union officials in
an attempt to get some advice and to avoid a
situation where people could be compelled to
in effect testify against people in
disciplinary proceedings because of the fact
that they communicated with a law enforcement
officer.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President. Would the sponsor yield to a
couple of questions?
SENATOR VOLKER: Yes.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: Thank you. I
believe that police officers are well versed
in how it is that they should or should not
disclose information and they are well trained
5000
in what it is that they are supposed to tell
defendants what they can and can not say, that
they can be represented by counsel. And I am
wondering in light of the expertise that law
enforcement officers have on the law, why it
is that you believe that they can not just
wait to speak with their attorney rather than
being able to have this kind of
confidentiality with the union rep.
SENATOR VOLKER: First of all,
Senator Duane, what you believe I don't
believe is correct. I was a former police
officer and I can tell you that most police
officers are not that tuned to many of the
rules and the law and things of that nature.
Besides, what your talking about here, your
probably right, they probably should consult
with an attorney in many cases, but in most
cases where there are disciplinary proceedings
and things of that nature they consult with
the union official where they would not
consult with an attorney because there
wouldn't be any particular necessity to
consult with a lawyer or at least they don't
believe there is. They probably might be
5001
better off to consult with an attorney and
that presents a whole different issue because
then they don't talk to anybody.
But I think most law enforcement
officers feel more comfortable, many as I
assume you are aware may not even like
lawyers. I know a lot of police officer
friends of mine who don't like lawyers, and
that is one reason why they consult with some
of the union officials.
The whole idea is to set up some
sort of ability, limited ability to provide
some privilege where law enforcement officials
do consult with union officials, short by the
way of compelling them in effect to go and to
seek legal assistance.
SENATOR DUANE: If the sponsor
would yield to another question, Madam
President.
THE PRESIDENT: Senator Volker,
would you yield to a question?
SENATOR VOLKER: Sure.
THE PRESIDENT: Go ahead, Senator
Duane.
SENATOR DUANE: I am frankly
5002
conflicted because I don't -- while I suppose
I should share the sponsor's concern that
police officers don't know the laws which
govern their interaction with those who they
have detained, I do believe that even if the
case is that they don't, that they should know
the laws regulating what it is and is not that
they can be speaking with a defendant about.
And of course one of the most important tenets
is that a defendant or someone who has been
arrested has the right to talk to their
attorney.
I think maybe I heard it but I was
wondering if the sponsor could reiterate for
me again why it is that a police officer needs
an additional layer of confidentiality beyond
those afforded to everybody else which is
their attorney or their clergy person, or in
most cases their psychiatrist.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Senator, I think
you are thinking of defendants. This is not
necessarily that kind of a situation at all.
This is, if you read the bill, we're talking
about -- most of the issues that are involved,
5003
if this is a criminal case or whatever, if
someone is charging a police officer with a
crime, he is going to get an attorney.
We're talking primarily about
issues relating to working conditions and
wages and hours. In other words, where he is
dealing with situations involving
communication maybe with the city or whatever,
primarily disciplinary.
And if you know -- you probably
don't realize that what happens, and I'm not
-- I didn't come from a major police
department, a big police department, but it
was a good size police department, but I can
tell you that commanding officers sometimes
bring charges against law enforcement people
because they don't like what they did. That
does not necessarily mean it is a crime or if
it is even necessarily improper procedure.
But at times there are grievances brought
against or brought by a police officer and
vice versa because the commanding officer may
just feel that he did not like the way
somebody did something. And the fact that a
police officer -- you say they have somebody
5004
else has. I have news for you. Police
officers don't have as many rights in some
ways as a lot of other people do because they
can be brought up on charges where the average
individuals can not be brought up on charges
in ways which can effect their work life and
can effect the shifts that they work, can
effect wages, can effect all sorts of things;
pension benefits.
So what we are just saying here,
and this is a fairly straight forward bill by
the way. Initially this bill admittedly was a
more inclusive bill but it was whittled down
to deal strictly with advice to elected union
officials and probably, frankly, will not
apply to very many situations because you are
absolutely right, any police officer worth his
salt is probably in any serious situations
going to look for a lawyer, and once he looks
for a lawyer he is not up going to talk to
anybody.
But a lot of police officers I
think in certain cases, and this is a bigger
problem for some of the elected union
officials. There is only a handfull of
5005
elected union officials, as you know. They
just want to be in a situation where if they
give some advice to somebody, for instance,
give advice to them on attorneys or things of
that nature, that they won't be called on the
carpet or called into question for what they
have said.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Through you,
Madam President, if the sponsor would yield to
another question.
THE PRESIDENT: Senator Volker,
will you yield to an additional question?
SENATOR VOLKER: Sure.
THE PRESIDENT: Senator Duane,
you may proceed with one question.
SENATOR DUANE: But there is
nothing now that precludes, that forces police
officers to speak with someone before they are
able to speak with their attorney, is that
correct?
SENATOR VOLKER: Forces someone
to speak with somebody? No, there is nothing
that forces them to speak with somebody.
There is nobody that forces somebody, anybody,
5006
to speak to somebody.
This is where a person consults
with a union official with the idea of getting
some advice, whether it is on a disciplinary
matter or whatever it is. It is not a
situation where he is forced to do it, no, but
the idea is that whatever communication occurs
can not be used in a proceeding, and primarily
this would be a disciplinary proceeding
against a police officer.
SENATOR DUANE: Thank you, Madam
President, on the bill.
THE PRESIDENT: Senator Duane on
the bill.
SENATOR DUANE: Thank you. Just
to begin with because I didn't know how to
work it into a question, so I didn't, but I
may or may not like attorneys although
actually they are okay with me, I even have
some in my family and everything, but just
because I don't particularly care for them
doesn't mean that I should not have to speak
with them any way when a case should arise.
Maybe I would prefer, instead of speaking to
attorney that I would want to talk to the
5007
Minority Leader or something that is allegedly
in charge of me, although that is probably not
the case there very often either, but I think
that what this does is created a special carve
out for law enforcement officers which is not
necessary.
In my experience there are
attorneys that work for organizations that
represent law enforcement officers that
generally if something achieves the level
where you would be concerned about
confidentiality then in fact an attorney is
the person you should speak with and have your
conversation protected that way. I don't
think that we should carve out another
category beyond attorneys and clergy people et
cetera. for police officers. And I also put
that in the context of some particularly
perhaps prior to and including these times
when there have been concerns about what has
been happening, particularly with the New York
City police department, that it would be best
if we did keep the same playing field for
everyone and that confidential communications
be kept exempt provided they are with
5008
attorneys. So I am intending on voting no on
this legislation, Madam President.
Thank you.
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 57, nays
two. Senators Duane and Schneiderman recorded
in the negative.
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up on the first
supplemental active list -- no, the second
supplemental active list, Calendar Number
1017, by Senator Goodman.
ACTING PRESIDENT MARCELLINO: The
Secretary will read.
THE SECRETARY: Calendar Number
1017, by Senator Goodman, Senate Print 4038,
an act to amend the Alcoholic Beverage Control
Law, in relation to the issuance of temporary
5009
permits.
SENATOR DUANE: Explanation.
ACTING PRESIDENT MARCELLINO:
Senator Goodman, an explanation has been
requested by Senator Duane.
SENATOR GOODMAN: Senator Duane,
this bill extends the time that the SLA may
allow a licensee to operate its business while
an application for the transfer of the license
is pending before the SLA.
Currently the SLA may issue
temporary permits to applicants for up to 90
days with one 30 day renewal period. Such an
extension will allow tranferees to avoid the
threat of having to shut down their businesses
awaiting SLA approval of their transfer
applications.
ACTING PRESIDENT MARCELLINO:
Senator Duane.
SENATOR DUANE: If the sponsor
would yield.
ACTING PRESIDENT MARCELLINO:
Senator Goodman, would you yield to Senator
Duane?
SENATOR GOODMAN: Yes, I will.
5010
ACTING PRESIDENT MARCELLINO: He
yields, Senator.
SENATOR DUANE: As I read this,
Senator, I just want to understand to make
sure that I am understanding this, under the
present law a temporary license can be
renewed, can be given, issued for 90 days and
that's it, is that correct?
SENATOR GOODMAN: It is not,
Senator, no. As I said, it is up to 90 days
with one 30 day renewal period.
SENATOR DUANE: Up to 90 days and
a day -
SENATOR GOODMAN: With one 30 day
renewal.
SENATOR DUANE: After the 90
days.
SENATOR GOODMAN: So it is 120
days altogether.
SENATOR DUANE: And this would
add another, through you, Mr. President.
ACTING PRESIDENT MARCELLINO:
Senator Goodman, do you continue to yield?
I assume he continues to yield.
SENATOR DUANE: Another 60 days?
5011
SENATOR GOODMAN: Yes, yes.
SENATOR DUANE: And with that, if
the Senator could tell me what the rational is
for this? Why is it that this additional 60
days is needed?
SENATOR GOODMAN: This gives a
reassurance that there will be ample
deliberation by the SLA for an application and
that it will not be turned down because of an
overload of work by the SLA and a shortage of
time for consideration.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MARCELLINO: Are
you asking him to continue to yield?
SENATOR DUANE: Yes, Mr.
President.
ACTING PRESIDENT MARCELLINO:
Senator, do you continue to yield?
SENATOR GOODMAN: Yes.
ACTING PRESIDENT MARCELLINO: He
yields.
SENATOR DUANE: I am wondering if
the rational for this is that the SLA is over
burdened and it needs relief?
5012
SENATOR GOODMAN: This relates to
a transfer of a license. I trust you are
clear it is not a new license. It would give
an extra amount of time for consideration
where time may become a factor.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MARCELLINO:
Senator, do you continue to yield?
SENATOR GOODMAN: (Nods head.)
THE PRESIDENT: He continues to
yield.
SENATOR DUANE: Why is it now
that the SLA is unable to perform its function
within 120 days?
SENATOR GOODMAN: There are times
when this type of a temporary permit can
become very complex and requires adequate
inspectorial review by the SLA.
SENATOR DUANE: Through you, Mr.
President.
ACTING PRESIDENT MARCELLINO:
Senator, do you continue to yield.
SENATOR GOODMAN: (Nods head.)
ACTING PRESIDENT MARCELLINO: He
5013
does.
SENATOR DUANE: Is the time
needed because it is so complicated they need
more time to think about it or it is so
complicated they need to give more resources
to it.
SENATOR GOODMAN: I'm sorry, I
couldn't hear the question, Senator. Would
you repeat it?
SENATOR DUANE: Is the reason
that you believe they need more time because
the agency is -- because the employees of the
agency needs more time to think about the
temporary license or whether it should become
permanent or not, or is it because they are
over burdened at the SLA with too many
temporary applications?
SENATOR GOODMAN: This is a
departmental bill. I do not have the
familiarity with their inner workings to be
able to respond explicitly to the question,
but it is their believe that they need it and
I see no reason to assume that they do not.
The present SLA is being well run
and it is my belief that therefore they are
5014
entitled to have this consideration in regard
to these specialized matters.
SENATOR DUANE: On the bill, Mr.
President.
ACTING PRESIDENT MARCELLINO:
Senator Duane on the bill.
SENATOR DUANE: I am going to
vote against this legislation.
My experience in my district, which
incidentally is I think similar although maybe
even more so than Senator Goodman's district
of some of the other Senators, particularly
Manhattan, on almost every block we have
liquor licensed establishments co-existing
with residents. And though the vast majority
of businesses in my district are blended in
well with the community, they are not bad
neighbors, they are not -- they don't become
problem establishments, sadly probably
anywhere from maybe three to five percent of
liquor license established are problematic.
And often the times when you find out that an
establishment is going to be problematic is
exactly during that time when the
establishment changes hands and the new
5015
ownership is not as good a neighbor as the
previous one was.
In nine times out of ten cases
where we have a problem establishment you can
see that from the very beginning of the change
in ownership and I think that it is very
problematic to allow these places the
opportunity to stay in business for an even
longer period of time.
I'm not compelled that the staff
and the commissioners of the SLA need more
time. I believe that they are probably pretty
good at their jobs and actually know what the
issues are in most of these cases.
If it is a matter of their being
over burdened then the way to solve that
problem is to fund the agency appropriately so
they can handle the work load as opposed to
transferring the burden on to neighborhood
residents who may, in fact, be victimized by
the new establishment whose licensee, the
person that the license is being transferred
to, doesn't care about the rest of the
neighborhood.
So I just think it's creating bad
5016
public policy at that time when, sadly, 95
percent of the complaints that I get in my
office from establishments come from those
three to five percent of establishments which
caused problems in my district, and as I
previously mentioned, you can usually find
that out about them from the get go.
I would urge my colleagues to vote
no on this.
Thank you, Madam President.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58, nays
one. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed. The Secretary will read.
THE SECRETARY: Calendar Number
1005, by Senator Goodman, Senate Print 778-A,
an act to amend the Alcoholic Beverage Control
Law.
THE PRESIDENT: Read the last
5017
section.
SENATOR DUANE: Explanation.
THE PRESIDENT: Senator Goodman,
an explanation has been requested.
SENATOR GOODMAN: May I ask who
requested it, Madam President, please?
SENATOR DUANE: Me again.
THE PRESIDENT: Senator Duane
requested an explanation.
SENATOR GOODMAN: Senator, this
bill would require a 15 day notice to
community boards before the SLA schedules a
hearing to issue a retail license for an on
premises consumption for a premises within 500
feet of three or more existing premises.
Current law requires such notice
but does not contain any time requirement. It
also creates a new special category known as a
cabaret license for premises which feature
musical entertainment, singing, dancing, or
other forms of entertaining which have a
capacity of 600 or more persons.
This new class of license will
allow the SLA to tailor its oversite and
procedures with larger entertaining
5018
establishments, scrutinize them more closely
because of their scale and the potential for
noise and neighborhood disturbance. They are
an appropriately classifiable group that
should be given special examination in
applying for a license.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President.
Could you just, Senator, through
you, Madam President, if the sponsor would
just give me an idea of what -
THE PRESIDENT: Senator, would
you yield to a question?
SENATOR GOODMAN: (Nods head.)
THE PRESIDENT: Go ahead, Senator
Duane, with a question.
SENATOR DUANE: Thank you, Madam
President.
I know I am rushing ahead of
myself. If the sponsor would just tell me
what the impetus for this legislation has
been?
SENATOR GOODMAN: This was based
upon the desire of the community boards to be
5019
given an adequate opportunity for
consideration.
SENATOR DUANE: Through you, one
last question, Madam President?
THE PRESIDENT: Senator Goodman
do you continue to yield?
SENATOR GOODMAN: I am always at
your disposal for any question whatsoever of
any size, shape or dimension, Senator.
THE PRESIDENT: Senator Goodman,
do you continue to yield?
SENATOR DUANE: I think that was
a yes.
SENATOR GOODMAN: That was what I
was trying to say.
SENATOR DUANE: I more meant the
new category. What was the impetus for the
creation of the new category of license?
SENATOR GOODMAN: I think if you
would let your imagination wander down the
highways and byways of your district and mine,
you will know that when cabarets are created
they have the potential to be very disturbing
indeed and that closer scrutiny of there
applications is eminently wise.
5020
SENATOR DUANE: Thank you, Madam
President. Because we even share some
highways and byways, and I think quite well,
we could -
THE PRESIDENT: Senator, are you
on the bill or do you have a question?
SENATOR DUANE: Just on the bill.
THE PRESIDENT: Go ahead, Senator
Duane, on the bill.
SENATOR DUANE: In the spirit of
sharing of highways and byways, I am
encouraging a yes vote.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect January 1st.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1025, by Senator Goodman, Senate Print 4282-A,
an act to amend the Alcoholic Beverage Control
Law.
5021
SENATOR HEVESI: Explanation.
THE PRESIDENT: Senator Goodman,
an explanation has been requested by Senator
Hevesi.
SENATOR GOODMAN: Senator Hevesi,
this bill amends the Alcohol and Beverage
Control Law and relates to applicants to the
SLA for substantial alterations to licensed
premises in the following manner.
First; it eliminates the
requirement that an application be filed for
the following types of alterations. First;
exterior alterations involving the creation or
relocation of a window or door, an interior
alteration that materially effects the
physical structure.
Current law requires that the SLA
approve these types of alterations, which have
nothing to do with the sale of alcoholic
beverages. These are business decisions and
should be left to the discretion of the
business owner without the interference of the
State.
Second, it expands the definition
of substantial alteration to include both
5022
indoor and outdoor alterations. This is a
thing that was added to the bill at the
request of Senator Padavan, who legitimately
expressed concern with concern to the
possibility of outdoor cafes being added
without adequate review by the SLA.
Third, it revises the types of
alterations to dining or kitchen facilities
that require SLA improvement for any
enlargement or for contraction for any
material changes.
THE PRESIDENT: Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President. Would the sponsor yield to a few
questions?
SENATOR GOODMAN: Yes, I will,
Senator.
THE PRESIDENT: Go ahead, Senator
Hevesi, with a question.
SENATOR HEVESI: Senator Goodman,
I know this is a departmental bill. My
question for you is, the change which would
exempt from applying to the State Liquor
Authority any establishment that made a change
involving the relocation of a door or a
5023
window. Is it not possible that such a change
might have some type of consequence on a
surrounding community if a bar or whoever had
the liquor license was situated in close
proximity to private residences?
SENATOR GOODMAN: I don't believe
so, Senator, if you stop to visualize what is
going on here. If you have an establishment
that serves liquor and it changes the location
of a door or a window, I don't believe that
would materially effect the situation in the
surrounding neighborhoods.
Let me just say as a matter of
interest to you that in my district there are
a number of noisy bars and I have seen to it
that the police department has been
distributed a series of noise meters which are
used to determine whether they exceed the
permissible decibel level under the
administrative code of the City of New York.
We actually paid for those so that the cops
could determine whether the noise restrictions
are being violated. And in fact enabled them
to close several establishments with repeated
records for bad noise which were a disturbance
5024
to the neighborhood, but I don't think, from
our quite extensive experience with this
problem, that that would relate to the window
or a door alteration in the establishment.
SENATOR HEVESI: Thank you, Madam
President, on the bill.
THE PRESIDENT: Senator Hevesi,
go ahead on the bill.
SENATOR HEVESI: Madam President,
I appreciate Senator Goodman's comments and I
am familiar with the noise statutes in the New
York City administrative code where if you
exceed 45 decibels at a range of 100 feet as
measured at a private residence you are in
violation.
I have a number of concerns with
the legislation that is before us, but before
I discuss those particular concerns I want to
commend Senator Goodman for the bill that he
sponsored last week which went in the opposite
direction and in fact required that when an
application was made for an establishment to
sell beer or wine that that application be
forwarded to the local community board which
would then review the application, make a
5025
determination and a recommendation and forward
it on to the SLA for a final determination. A
terrific piece of legislation. I supported
it. I voted for it.
This legislation, I'm afraid, moves
us in the opposite direction and in my
district we have some serious problems with
bars that are located right next to
residential homes where if you move a door and
now put a door that was having patrons exit
onto a major thoroughfare and you move it onto
a side street now you have individuals who
very likely may have spent the last few hours
drinking exiting onto private residential
streets and causing littering and much
consternation to the local residents.
In addition, another thing that
this legislation would do would exempt -- make
another exemption in the case that the
structure of the establishment was changed,
and again I will only reference to you the
experiences that I have had in my district
where we have bars that have made an expansion
and that has encroached upon the residential
neighborhood.
5026
I am particularly concerned about
this not just on its face, but because of my
experiences lately with the State Liquor
Authority, and let me be specific about what I
am talking about which will demonstration why
I am going to vote no on this legislation and
why even the legislation that we passed last
week which requires that the community board
have added input I am afraid will not be
effective.
Here's why. The State Liquor
Authority has been asked by myself and by two
other members of this institution on the other
side of the isle to be more responsive to
community concerns about the problems that are
associated with the sale of alcohol beverages
in our district. In fact, we questioned the
SLA chair upon his nomination at the Senate
Finance Committee hearing and I voted in favor
of the chair based on his answers and I voted
for him on the Senate floor based on his
answer at that meeting.
Subsequent to that, Madam
President, I had a situation in my district in
which unique to the City of New York or
5027
anywhere else I believe for that matter, a
15,000 open air stadium is situated directly
in the middle of a residential property, and
in fact it is on a parcel that is zoned R-3,
residential in the City of New York.
We have had a repeated history of
problems associated with all day long concerts
taking place at this venue where beer sales
were permitted for eight straight hours. And
without detailing the history, suffice it to
say that our repeated attempts to compel the
promoters of these concerts and the
proprietors of the West Side Tennis Club, the
establishment that has the contract with the
promoters to cut down on these beer sales or
eliminate them entirely so that you don't have
drunken and intoxicated concert goers
marauding through streets urinating and
littering as has been the case.
So I requested that the State
Liquor Authority deny a liquor license for any
event that took place at that stadium this
year, and they did. They denied it when it was
applied for several weeks ago. And then, as
is administratively permissible, the concert
5028
promoters appealed and when they had this
appeal I left the Senate, so important was it
for me to appear personally in New York City
at this SLA hearing to tell the SLA
Commissioners why they must deny this liquor
license. I left here early and went down and
told them that in addition to myself that four
other elected officials who represent the area
all were adamantly opposed to the granting of
a liquor license, including New York City
Councilwoman Karen Koslowitz, New York State
Assemblyman Michael Cohen, Queensborough
President Claire Schulman, and United States
Congressman Anthony Weiner, all adamantly
opposed. I submitted statements in opposition
along, Madam President, with a petition signed
by 125 local residents urgently requesting
that the SLA deny the liquor license to the
concert promoters.
Suffice it to say that after a
lengthy hearing, which was acrimonious and
venomous with allegations and charges spewed
against me personally and I caught one of the
stadium representatives in a direct lie during
the hearing and presented evidence to the
5029
commissioners that they had lied. Despite all
of this, despite the petition, despite the
vehement opposition of 125 local residents and
five elected officials, the SLA granted them a
liquor license for eight hours of beer sales
on that day. Absolutely disgraceful.
Disgraceful.
Confirming my suspicions about the
problems with the State Liquor Authority as
many of my colleagues here are familiar with
and again leading me to believe that we must
be extremely leery of all of these authorities
and these quasi independent boards that truly
lack accountability.
So, as I stand here and speak about
this piece of legislation, which the State
Liquor Authority has requested and said don't
make us pass judgment based on the following
criteria, some of which I believe absolutely
will impact the community as the liquor sales
in these establishments might have adverse
impacts if a door is located, if a window is
situated in a different place and the noise
goes into the community or you have patrons
existing a particular way, or for unseen ways.
5030
Why would we want, having last week
passed a bill that would require greater
community responsibility and responsiveness in
the process, why would we want to move in the
opposite direction?
THE PRESIDENT: Senator Goodman,
why do you rise?
SENATOR GOODMAN: Will you yield
for just a moment, please?
SENATOR HEVESI: Certainly, Madam
President.
SENATOR GOODMAN: Senator, I
think I can help you with this problem which
you have justly discussed in some fashion.
The bill is worded in such a way
that it says if there is any way material
change. And I would submit to you that
anything that would change the exit pattern,
the egress of people out of the bar I will
call the, show me the way to go home pattern,
would be something that we would certainly
expect the SLA to be cognizant of and not to
-- to use the provision of this bill, or to
use the material change provision of the bill
to be permitted to intervene.
5031
So I am quite confident that your
concern in that regard is not one that you
should be worried about because a material
change would be anything that, even if a
window, that would result in substantial
additional noise and potential complaints this
would permit the SLA not to give that
automatic approval.
I believe that the spirit in which
the bill was drafted and I think it is
legitimate, we can certainly inform them of it
and indicate to them that we would expect that
our oversight, which is continuing of their
operation would enforce that. So I merely
want you to be aware of that.
SENATOR HEVESI: Madam President,
would the sponsor yield to a question?
THE PRESIDENT: Senator Goodman,
will you yield to a question?
SENATOR GOODMAN: May I say that
by having made those comments, which are being
recorded by the Secretary, by the
stenographer, that that becomes a part of the
legislative intent of the bill. By virtue of
my having stated this on the floor to you,
5032
this is considered a part of the permanent
record of the bill's adoption and that becomes
a statement of legislative intent on which the
SLA must rely.
SENATOR HEVESI: Thank you.
Madam President, if the sponsor would yield?
THE PRESIDENT: I assume that was
a yes, Senator Goodman?
SENATOR GOODMAN: That was a yes.
THE PRESIDENT: Senator Hevesi,
you may proceed with a question.
SENATOR HEVESI: Senator Goodman,
I appreciate your comments but now you have me
confused.
If the addition of an egress or an
entrance to a facility would have to be
reviewed and the placement of a window would
have to be reviewed by the SLA, why is it
included in this bill specifically?
SENATOR GOODMAN: Senator, as I
tried to explain there is a qualitative aspect
to this. Not any door or window would have to
be reviewed, but any door or window which
would change the conditions in the immediate
neighborhood with regard to the exit flow of
5033
the crowd of people that are going to leave at
3:00 a.m. in the morning with boisterous
behavior such as you have describing,
anointing the local flowers in the
neighborhood and that sort of thing, that
would be something that would be taken into
serious consideration. Certainly if windows
were of such nature that they would permit
abatement regulations to be breached, that too
would be a material consideration.
SENATOR HEVESI: Madam President,
if the sponsor would yield.
THE PRESIDENT: Senator Goodman
will you continue to yield?
SENATOR GOODMAN: Yes, I will,
Madam President.
THE PRESIDENT: Thank you,
Senator. Go ahead Senator, Senator Hevesi.
SENATOR HEVESI: Senator Goodman,
if under this legislation establishments that
make a change to a door or window are not
required to file an application how would the
State Liquor Authority know that there was a
change and act accordingly in the community's
best interest?
5034
SENATOR GOODMAN: The answer to
that question rests in the matter of the plans
which are filed with the city buildings
department, which would enable anybody in the
neighborhood or thereabouts to file a
complaint. This is not done in the dead of
night. It is done in a public fashion so that
the plans that are being filed are -- there is
public access to them.
I presume in your neighborhood if
you thought there was some problem the
community board is undoubtedly as alert as
mine and they would complain about it.
SENATOR HEVESI: Thank you.
Madam President, may I continue on the bill.
THE PRESIDENT: Senator Hevesi on
the bill.
SENATOR HEVESI: Thank you.
Madam President, I'm not aware of any
requirement that when the owner of a bar or a
local establishment puts a window or a door in
that they are required to make a change of
plans or notify the community board. And
unfortunately if this legislation passes they
will now be exempt from the current
5035
requirement of having to notify the State
Liquor Authority and the State Liquor
Authority currently would at least in theory,
but I doubt this I in practice based on my
experiences, would have to review and
determine whether such a change was in the
best interest of the community because such a
change under current law could potentially
have an adverse impact on the community, and I
don't know why it would be that with the
express language in this bill as stated there
would be an additional exemption from the
exemption which would solve this problem.
So, Madam President, again on this
bill, I believe we are moving in the wrong
direction on this legislation. I am going to
vote no on it. And I would just like to again
call attention to the very serious problem we
have currently with the State Liquor Authority
and their complete lack of accountability to
the requests of the community. And may I
suggest that the State Liquor Authority exists
for one purpose. And while it is to regulate
the industry that serve and distributes
alcoholic beverages, that is not their number
5036
one priority. Their number one priority is to
make sure that the sale and distribution of
alcoholic beverages is done in a safe fashion
that doesn't adversely impact anyone. And they
have failed in my eyes this year and maybe on
other occasions in that mission and I am
afraid that this legislation would make it
easier for them to fail and send them the
wrong message at the exact same time that we
should be sending them the most unequivocally
clear message that they must, must, take into
consideration and into account the concerns of
the community when undertaking the very
serious responsibility of granting someone the
permission, the right, to sell alcoholic
beverages in our community.
I vote against this bill, Madam
President.
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 PRESIDENT: The Secretary
5037
will announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1025 are
Senators Duane, Fuschillo, Hevesi, Marcellino,
McGee, Onorato, Padavan, Paterson,
Schneiderman, Spano and Velella. Also,
Senator Smith. Also Senator LaValle. Also
Senator Dollinger.
Aye 45, nays 14.
THE PRESIDENT: The bill is
passed. Senator Skelos, that completes the
reading of the controversial calendar as well
as the reading of the supplemental calendar.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Gentlemen, if you
could take your conversations outside, please.
Senator Skelos.
SENATOR SKELOS: If we could
return to motions and resolutions, I believe
there are a couple motions to be made.
THE PRESIDENT: Senator Seward.
SENATOR SEWARD: Yes, Madam
President, on page 31, on behalf of Senator
Spano I offer the following amendments to
Calendar Number 817, Senate Print Number
5038
1492-A, and ask that the said bill retain its
place on the Third Reading Calendar.
THE PRESIDENT: The amendment is
received, Senator Seward, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR SEWARD: Also, Madam
President, on behalf of Senator Saland, please
remove the sponsor star from Calendar Number
935.
THE PRESIDENT: So ordered,
Senator Seward.
Senator Skelos.
SENATOR SKELOS: Are there any
substitutions to be made?
THE PRESIDENT: Yes, there are,
Senator Skelos, there is one substitution.
SENATOR SKELOS: Would you please
make the substitutions.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 18,
Senator Bonacic, moves to discharge from the
Committee on Rules, Assembly Bill 6404-A, and
substituted it for the identical Third Reading
5039
512.
THE PRESIDENT: Substitution is
ordered.
Senator Paterson, why do you rise?
SENATOR PATERSON: Madam
President, with unanimous consent I would like
to be recorded in the negative on Calendar
Number 413.
THE PRESIDENT: You will be so
recorded, Senator Paterson, as voting in the
negative on Calendar Number 413.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If we could go
to supplemental two of the active list at this
time.
THE PRESIDENT: The Secretary
will read.
Senator Skelos.
SENATOR SKELOS: Would you please
call up Calendar Number 1059.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1059, by Senator Johnson, Senate Print 3121-A,
5040
an act to enact the student bill of rights.
SENATOR DUANE: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day.
Senator Skelos.
SENATOR SKELOS: Could you please
call up 1295, Calendar Number 1295, by Senator
Marchi.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1295, by Senator Marchi, Senate Print 5589, an
act to amend the Education Law.
SENATOR DUANE: Lay it aside.
SENATOR SKELOS: Lay it aside for
the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
SENATOR SKELOS: Madam President,
would you please call up Calendar Number 1346,
by Senator Saland.
5041
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1346, by Senator Saland, Senate Print 5736-A,
an act to establish a public library district.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Paterson
to explain your vote.
SENATOR PATERSON: Just one
second Madam President. Can way lay this
aside, Madam President?
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: I think Senator
Paterson inadvertently laid that aside.
SENATOR PATERSON: Madam
President.
THE PRESIDENT: Senator Paterson,
go ahead.
SENATOR PATERSON: I don't mind
being a puppet, I just resent when they let
5042
the strings show.
THE PRESIDENT: Is there a
request for this bill to be laid aside,
gentlemen?
SENATOR DOLLINGER: No.
SENATOR PATERSON: No, Madam
President.
THE PRESIDENT: There is not.
Alright. The Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
THE PRESIDENT: The bill is
passed. Senator Nanula.
SENATOR NANULA: Thank you, Madam
President. I would like to request unanimous
consent to be recorded in the negative on
Calendar Number 1025.
THE PRESIDENT: You would be so
recorded, Senator Nanula, as voting in the
negative.
SENATOR NANULA: Thank you.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: It is presently
on the desk but does not appear on the
calendar. Would you please call up Calendar
5043
Number 1333, by Senator Larkin.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
1333, by Senator Larkin, Senate Print 4405-A,
an act to amend the General Municipal Law,
Chapter 444 of the Laws of 1997.
SENATOR DUANE: Lay it aside.
THE PRESIDENT: The bill is laid
aside, Senator Duane.
SENATOR SKELOS: Madam President,
can we please take that bill up now at this
time.
THE PRESIDENT: The Secretary
will read.
Senator Duane, why do you rise.
SENATOR DUANE: Madam President,
I don't believe we have 1333 on our desks, do
we?
THE PRESIDENT: Senator Duane,
why do you rise?
SENATOR DUANE: Because Senator
Nanula was kind enough to lend me his copy
from his desk. I would like an explanation,
Madam President.
5044
THE PRESIDENT: Senator, we have
a request for an explanation.
Senator Larkin an explanation has
been requested.
SENATOR LARKIN: Yes, Madam
President.
This bill is an addition to a bill
that we passed in 1997 which expires on 30
June, 1999. The basic premise of this bill is
that we are going to increase the cap from
15,000,000 to 25,000,000 and increase the
period of operation from two to five years.
Earlier this year we had a public
hearing, and at that public hearing on April
28th, everyone that testified was very loud
and clear that the existing laws concerning
IDAs were not satisfactory enough to enable
industrial development agencies to clearly
carry out their responsibility. The time
available to them from start -- concept of a
project to completion, two years was not
adequate.
It was requested by the IDAs,
developments and others, that the bill be made
permanent with the 25 years. However, in
5045
trying to negotiate with the other house, we
set a target of five years and 25,000,000.
But I think what we need to
understand here is that projects include under
the IDA dormitories for educational
institutions, facilities as defined in Article
28 of the Public Health Law and housing
facilities primarily designed to be occupied
by individuals 60 years of age or over.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Senator
Stachowski, why do you rise.
SENATOR STACHOWSKI: Would
Senator Larkin yield for a couple questions?
THE PRESIDENT: Senator, do you
yield?
SENATOR LARKIN: Yes, Madam
President.
THE PRESIDENT: Go ahead, Senator
Stachowski, with questions.
SENATOR STACHOWSKI: Madam
President, through you, I know Senator, that
5046
this bill just deals with extending the time
frame to work on a project and the amount of
money they have to work on a project, but can
we expect to see some legislation that will
kind of contain some of the IDAs?
Out my way we have -- it seems like
everybody's got an IDA, and it seems like
their main business is currently to take
office companies from downtown Buffalo and
move them out to the suburbs, or take a
company that's tax abatement has run out in
their one town and move them over to another
town by saying they were going to move out of
state otherwise. And all they are doing is
moving from town to town and not paying
anybody taxes idea and we are using these
things to create office buildings in the
industrial parks and have people locating
their offices at no expense and no gain really
to the tax payers of that community, just a
gain to that company because now they are in a
tax free building for the next ten years.
I know that this particular
legislation doesn't do anything to effect that
because under the current law that is what
5047
they are doing, but I am just wondering if we
are going to be giving them an increase in the
amount of money and an increase in the amount
of time to do projects, are we planning on
doing anything to curtail them from these
other operations that they are currently
doing?
SENATOR LARKIN: Well, there are
provisions in certain legislation to eliminate
that kind of activity I think. But I can say
that people at the hearing, that question was
asked and every one of them said they would
not participate in that.
I have not heard of anybody except
in Western New York were that was an issue. I
questioned many people in IDAs on Long Island,
the Southern Tier, in the Hudson Valley and
even in the Capital Region, and they all
indicated that that was not part of their
game. That is why they were trying to go to
the 25,000,000 in order to be insure that
projects were being maintained as a project
for project, rather than to rob Peter to pay
Paul.
THE PRESIDENT: Senator
5048
Stachowski.
SENATOR STACHOWSKI: Madam
President, through you again, the last
question.
SENATOR LARKIN: Yes, Madam
President.
SENATOR STACHOWSKI: I would
understand if you would not have it every
where else because we have so many in such a
small area. And granted some of them work
better than others, but the net result is we
are not getting our maximum bang out of these.
We're actually hurting fellow municipalities
by taking their currently located businesses
and putting them into tax free locations. And
I know that we have anti-pirating provision
now and they can go to court over that, but in
other words we are just planning on doing this
increase and doing a further extension and
that's all we are doing, and I'm not
questioning that is not going to work well in
other places, but since the place I represent
is western New York and since the places that
are hurt are places like the City of Buffalo,
I have got a real problem with this.
5049
And so do you anticipate seeing
anything that deals with this?
SENATOR LARKIN: I would hope
after we resolve this issue here we have
anticipated meetings between Brian McMann from
the business council and certain places such
as yours and I am sure Senator Mary Lou Rath
will agree with it or attest to it, that we
want to, first of all, I think in some of
these counties there are too many IDAs. I
know in my own county that they have cut the
IDAs by 75 percent and I have noticed a better
blend of action on this. I think that maybe
that might be the case.
SENATOR STACHOWSKI: Thank you.
Madam President, on the bill.
THE PRESIDENT: On the bill,
Senator Stachowski.
SENATOR STACHOWSKI: I don't
really have any problem with the concept of
IDAs that work properly getting a larger
amount of money to deal with in a longer time
frame to deal I with it, but I do have a
problem with the way that IDAs function in
western New York. And I do have a problem
5050
with the way one town steals from another or
all of the towns steal from the city and we
end up with all these companies taking full
advantage of tax breaks, and we want to give
them tax breaks and we want to help companies,
but we don't want to have companies moving
every ten years when their tax break runs out
to another community to go for another ten
years in a new building for a tax break. And
we don't want to have office buildings, and
particularly we don't want to have office
buildings going from prime locations and
hurting that municipality by giving them empty
office space to go to a tax free building
located in an industrial park.
That is a problem I have. That is
not what IDAs were for, but that is what they
are being used for.
THE PRESIDENT: Senator Rath, why
do you rise?
SENATOR RATH: When Senator
Stachowski is finished.
THE PRESIDENT: Senator Volker,
why do you rise?
SENATOR STACHOWSKI: They both
5051
want to speak after me because I like to hit
nerves every so often. I knew that Mary Lou
would get up because her IDA in particular is
the best at pirating without getting caught.
THE PRESIDENT: That is on the
bill, Senator.
SENATOR STACHOWSKI: And the guy
does a great job at it, and if I were Mary Lou
I would get up and defend that guy too,
because he does do it well. But they are not
the only IDA that takes office space from
down-town Buffalo, and we have the same
situation in Cheektowaga where we have
industrial developmental on both sides of the
airport that they don't pay any taxes to the
school district or to the town because the
land is owned technically by the NFTA and all
of these insurance companies and other
companies are then considered travel related,
which beats me, but they are and so they don't
pay taxes either.
And we end up with a lot of prime
property being used by companies and not even
paying in kind fees, and that is a big problem
for some of these places, and the result is
5052
that the poor resident that lives there ends
up paying the tax load for all these
businesses that are using all these loop holes
to take advantage of tax breaks, and only
because of that I probably am going to vote
against this bill.
I am not suggesting that people
from other areas that don't have this
situation prevalent vote against it, I am just
saying that in my area in my situation I have
a hard time giving IDAs more authority because
I don't especially like some of the jobs they
are doing today.
THE PRESIDENT: Senator Rath.
SENATOR RATH: Thank you, Madam
President.
I would like to thank you, Senator
Stachowski, for the kudos thrown to the
director of Amherst IDA. I will certainly
pass those long, and being that it is coming
from you it will be even more wonderful. But I
rose for only one point, not to extend debate
when we have a lot on the agenda except to
say, Senator Stachowski, you raised an
extraordinarily important point that we in
5053
western New York debated long and hard for the
better part of ten years, and I believe much
of that is behind us, but what you point out
about the moving and the pirating, and even as
you said that I thought to myself and
commented to my colleague on my right, Bill
Stachowski just brought up another point of
smart growth, and I believe Senator Larkin
responded to that something on your question
as to talking with Brian McMann, and I think
there is a nub of something else here that is
caught up in future developments and I would
say in relation to Senator Larkin's hearing, I
sat there with him for the whole day and there
was not one person who was opposed to this
particular bill.
But I don't think our work is
finished and I appreciated your comments and
as we move forward with it we'll look for your
input because you are right, Bill, we have a
lot more work to do.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
5054
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays
two. Senators Nanula and Stachowski recorded
in the negative.
THE PRESIDENT: The bill is
passed. Senator Maltese.
SENATOR MALTESE: Madam
President, may I ask unanimous consent to be
recorded in the negative on Calendar Number
1025?
THE PRESIDENT: Without
objection, Senator Maltese, you will be so
recorded as voting in the negative.
Senator Skelos.
SENATOR SKELOS: I believe there
are some substitutions at the desk.
THE PRESIDENT: The Secretary
will read the substitutions.
THE SECRETARY: Senator Hannon
moves to discharge from the Committee on
Rules, Assembly Bill Number 7965, and
substitute for the identical Third Reading
1338.
Senator Kuhl moves to discharge
5055
from the Committee on Rules, Assembly Print
7371, and substitute for the identical Third
Reading 1341.
Senator Fuschillo moves to
discharge from the Committee on Rules,
Assembly Bill 6909-A, and substitute it for
the identical Third Reading 1356.
THE PRESIDENT: The substitutions
are ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
on the regular calendar, would you please call
up Calendar Number 655, by Senator Maziarz.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
655, by Member of the Assembly Robach,
Assembly Print 2045, an act to amend the
Environmental Conservation law.
SENATOR DUANE: Explanation.
SENATOR HEVESI: Explanation.
SENATOR SCHNEIDERMAN: Explanation.
THE PRESIDENT: Senator Maziarz,
an explanation has been requested by Senators
Hevesi and Schneiderman and Duane.
5056
SENATOR MAZIARZ: Thank you, very
much, Madam President.
Madam President, the bill before us
today promotes the implementation of a fire
arm accident prevention program for children
in elementary school.
This safety program is designed to
instruct children that when or if they should
find a fire arm they should stop, don't touch
it, leave the area and inform an adult.
The decision on whether to
implement a fire arm accident prevention
program will rest entirely upon each
individual school district, as will the type
of safety program taught by each school. This
bill directs the Department of Environmental
Conservation to develop such a program in
consultation with the Education Department,
utilizing information from several successful
firearm safety programs currently in use.
Thank you, Madam President.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Will the
sponsor yield to a few questions?
5057
THE PRESIDENT: Senator Maziarz,
do you yield?
SENATOR MAZIARZ: Surely, Madam
President.
THE PRESIDENT: Go ahead, Senator
Schneiderman, with a few questions.
SENATOR SCHNEIDERMAN: Thank you,
very much.
Senator, the bill that you are
proposing makes specific reference to the
Eddie Eagle Program several times; does it
not?
SENATOR MAZIARZ: Yes, it does,
Senator.
SENATOR SCHNEIDERMAN: And who
produces the Eddie Eagle Program?
SENATOR MAZIARZ: The Eddie Eagle
program is a recognized firearm safety
prevention program sponsored by the National
Rifle Association. However, the bill is not
exclusive to that program, Senator.
SENATOR SCHNEIDERMAN: If the
sponsor will continue to yield, Madam
President.
SENATOR MAZIARZ: Yes, Madam
5058
President.
SENATOR SCHNEIDERMAN: Well, in
the purpose of the title it does state, does
it not, Senator, that the purpose is to
promote firearm accident prevention for
children in prekindergarten through sixth
grade by a program of firearm safety
instruction, utilizing a simple safety
message, stop, don't touch, leave the area,
tell an adult. That is the first sentence of
the bill.
In fact, isn't that exact phrasing,
stop, don't touch, leave the area, tell an
adult, which is in quotes in the bill, that is
the Eddie Eagle message; is it not, Senator?
SENATOR MAZIARZ: That is good
advice, I think to give to children should
they come upon a handgun or a weapon of some
sort.
SENATOR SCHNEIDERMAN: Well, I
gather you are thinking of voting for this
bill, but is that not the explicit message?
It is in quotes in your bill, that is in all
of the Eddie Eagle materials?
SENATOR MAZIARZ: That is in the
5059
bill, and yes, it is contained in the Eddie
Eagle material. And I think it is good advise
to tell that to a child, to stop, don't touch
the weapon, leave the area and inform an
adult.
SENATOR SCHNEIDERMAN: Well, you
said that -- if the sponsor would continue to
yield?
SENATOR MAZIARZ: Yes, Madam
President.
SENATOR SCHNEIDERMAN: The thing
that I think is of concern is if the purpose
of the bill is to teach a very specific that
is printed in quotes, and if there is only one
program in the United States that teaches, and
I have the material, stop, don't touch, leave
the area, tell an adult, it is a little
disingenuous to say that this is not something
that if not requiring, directs the state in
the direction of putting the Eddie Eagle
material out and available to our school
systems.
SENATOR MAZIARZ: No.
SENATOR SCHNEIDERMAN: Is there
any other program that includes the mantra,
5060
stop, don't touch, leave the area, tell an
adult that you are aware of, Senator?
SENATOR MAZIARZ: No, none that I
am aware of, Senator, but I want to make it
very plain and very clear, Senator, that the
bill does not require the Eddie Eagle program.
SENATOR SCHNEIDERMAN: Let me ask
you a question, does this -- if the sponsor
would continue to yield?
THE PRESIDENT: Senator, do you
continue to yield?
SENATOR MAZIARZ: Surely, Madam
President.
THE PRESIDENT: Go ahead, Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Is it not
correct, Senator, that this program would
authorize the Department of Environmental
Conservation to distribute materials on fire
arm safety to any school district that
requests them?
SENATOR MAZIARZ: Yes.
SENATOR SCHNEIDERMAN: And is it
also not true that would authorize the
Department to utilize materials, again I am
5061
quoting from the bill, utilize materials from
appropriate nongovernmental organizations. Is
that not correct?
SENATOR MAZIARZ: Yes. It does
not limit the nongovernmental organizations.
SENATOR SCHNEIDERMAN: I
understand. Thank you.
But then isn't it the case that
this bill would authorize the Department of
Environmental Conservation, as it sets about
trying to find materials that teach the
lesson, stop, don't touch, leave the area,
tell an adult, to purchase material from the
National Rifle Association and in fact make
National Rifle Association materials the only
materials that are available to school
districts that request the Department, is that
not possible?
SENATOR MAZIARZ: No, no. Is it
possible, or is it contained in the bill?
SENATOR SCHNEIDERMAN: Let me
rephrase the question if I am not speaking
clearly enough.
THE PRESIDENT: I am going to
ask, Senator Maziarz, are you continuing to
5062
yield to questions?
SENATOR MAZIARZ: Yes, I am,
Madam President.
THE PRESIDENT: All right, go
ahead Senator Schneiderman, if you have a
question.
SENATOR SCHNEIDERMAN: Thank you.
I appreciate the Senator's courtesy.
This bill, as I read it, and I may
be wrong, would authorize the Department of
Environmental Conservation to purchase the
National Riffle Association Eddie Eagle
materials, which are as far as I am aware the
only gun materials that teach this little
mantra, stop, don't touch, leave the area,
tell an adult, and make available the Eddie
Eagle materials to any school district in the
state that requests gun safety curricula.
Is it not true that this would
authorize, if not require, the Department of
Environmental Conservation, to do that?
SENATOR MAZIARZ: That is
absolutely not correct, Senator.
SENATOR SCHNEIDERMAN: Then I am
at a loss, Senator. Could you explain to me
5063
where it says they have to make alternative
curricula available or that they are to make
multiple curricula available, or they can't
use Eddie Eagle?
SENATOR MAZIARZ: You just -- I
didn't say they could not use Eddie Eagle.
They could use Eddie Eagle, they could use
material from Handgun Control, Inc. They
could use materials from Hands Without Guns,
they could use material from the living
Classroom Foundation, they could use material
from Straight Talk About Risk, they could use
any material that they wanted to use. They
are not restricted by this legislation,
Senator.
SENATOR SCHNEIDERMAN: They
meaning the Department of Environmental
Conservation?
SENATOR MAZIARZ: Yes, with the
consultation of the Department of Education.
SENATOR SCHNEIDERMAN: But my
question very simply was isn't it possible,
that as a result of this, the only materials
that will be the made available to school
districts by the Department of Environmental
5064
Conservation, could be Eddie Eagle, as this
doesn't direct alternative curricula to be
made available or developed?
SENATOR MAZIARZ: Senator, I will
answer that by saying it is also possible that
the only material the Department of
Environmental Conservation may use is
information about the Star Program from
Handgun Control, Inc.
SENATOR SCHNEIDERMAN: I am
afraid that as I am reading this, if I am in
the Department of Environmental Conservation,
and the purpose, the first sentence of the
bill says, "The purpose is to teach the simple
safety message, stop, don't touch, leave the
area, tell an adult." And I know that the
only program in the country that does that is
Eddie Eagle, why would I go to another
program, Senator? Maybe you can help me out?
SENATOR MAZIARZ: Because the
bill -- I'm sorry, Madam President, through
you. Because the bill allows you to go
through any program which you feel is a good
program to teach a message, a message that if
a young child should come across a weapon,
5065
that they should not touch it, that they
should inform an adult.
THE PRESIDENT: Senator, do you
continue to yield?
SENATOR MAZIARZ: Yes, I do.
THE PRESIDENT: Go ahead,
Senator.
SENATOR SCHNEIDERMAN: Though
you, Madam President, in fact, Senator, if -
SENATOR MAZIARZ: Also, I'm
sorry, Senator, could I just finish my answer
to the last question. I'm sorry, Madam
President.
Also the school district may chose
a program that it feels is better. It is not
required to take this particular program
developed by the DEC. It may choose the Star
Program, if you will. Star meaning, not the
Star, more popular Star.
SENATOR SCHNEIDERMAN: There are
two very popular Star Programs where I come
from, Senator.
Madam President, if the sponsor
would continue to yield?
THE PRESIDENT: Senator, do you
5066
continue to yield?
SENATOR MAZIARZ: Yes, I do,
Madam President.
THE PRESIDENT: Go ahead,
Senator.
SENATOR SCHNEIDERMAN: My
understanding is that the memorandum of
supports states that there will be no fiscal
impact for this program; is that correct?
SENATOR MAZIARZ: Yes.
SENATOR SCHNEIDERMAN: Is it not
the case though that Section 11, 2503, which
authorizes the Department to obtain -- to
utilize materials from appropriate non
governmental organizations could result in the
purchase of materials from a nongovernmental
organization such as the National Rifle
Association?
SENATOR MAZIARZ: Would the
Department purchase the materials? I don't
know. I think it would be up to them. I do
not know. The nongovernmental agency may
supply them with materials.
SENATOR SCHNEIDERMAN: I'm sorry.
SENATOR MAZIARZ: I said, you
5067
know, that they could -- they may purchase
them, you know, a non -- one of the agencies
may supply them with the materials.
SENATOR SCHNEIDERMAN: Well, if
this does require an expenditure of funds for
gun safety curricula, wouldn't that have a
fiscal impact, Senator?
SENATOR MAZIARZ: The local
school districts may choose to do that on
their own. It is at their option. If a local
school district doesn't opt in to the program,
Senator, then there would be no fiscal impact.
SENATOR SCHNEIDERMAN: Senator,
if the sponsor would continue to yield, Madam
President?
SENATOR MAZIARZ: Yes, Madam
President.
THE PRESIDENT: Senator, you
continue to yield?
SENATOR MAZIARZ: Yes.
THE PRESIDENT: Go ahead, Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Senator,
are you aware of the fact that Eddie Eagle is
actually the product of and owned by not the
5068
National Rife Association, but the National
Rifle Association Foundation that produces
Eddie Eagle, were you aware of that?
SENATOR MAZIARZ: No, I was not
aware that, Senator.
I am, however, aware, Senator, that
the Eddie the Eagle Program, and I don't think
we are here to debate the merits of the Eddie
the Eagle Program or not, but the United
States Department of Justice under the
Attorney General, Janet Reno, has put out a
publication which I will supply you a copy of,
called, "Promising Strategies to Reduce Gun
Violence." And there is a particular sections
on education initiatives and alternative
prevention strategies which they recommend or
they list such programs as Child Development
Community Police in New Haven, Connecticut,
Calling the Shots, St. Paul, Minnesota, Hands
Without Guns, in Washington, D.C., the
Straight Talk about Risk, which is the Star
Program, and Eddie the Eagle Elementary Gun
Safety Education Program.
SENATOR SCHNEIDERMAN: Thank you,
Senator. That is interesting to note that it
5069
is on the list.
If the sponsor would continue to
yield, are you aware Senator, of why the Eddie
Eagle Program was developed and the history of
the development of the Eddie Eagle Program by
the National Rifle Association?
SENATOR MAZIARZ: No, I'm not,
Senator, because my bill is not about the
Eddie the Eagle Program.
SENATOR SCHNEIDERMAN: Well, I'm
sorry, I thought we had agreed sometime ago
that this bill, since its makes reference
twice to -- lets clarify this, Senator.
Would the sponsor continue to
yield?
THE PRESIDENT: Senator, do you
continue to yield?
SENATOR MAZIARZ: Yes, I do.
THE PRESIDENT: And do you have a
question, Senator Schneiderman?
SENATOR SCHNEIDERMAN: Yes, I do.
THE PRESIDENT: Thank you.
SENATOR SCHNEIDERMAN: This bill
refers at least twice to the Eddie Eagle
Program and twice to the Eddie Eagle lesson,
5070
stop, don't touch, leave the area, tell an
adult. And refers no where to any other safety
program curriculum; is that not true, Senator?
SENATOR MAZIARZ: That is true,
Senator, but it also says, it also says that
such firearms safety instruction program may
utilize materials and assistance from
appropriate nongovernmental organizations to
the extent deemed reasonable and necessary and
so forth. So it is not limited to the Eddie
the Eagle Program.
SENATOR SCHNEIDERMAN: Well, but
just to make sure that we're clear on this,
you are saying it is not limited to, but if I
read this correctly, it is at the discretion
of the Department of Environmental
Conservation in consultation with the
Department of Education under your bill
whether they distribute materials from one
program such as Eddie Eagle, or five programs
or they develop their own; is that not true?
SENATOR MAZIARZ: That is true.
SENATOR SCHNEIDERMAN: So, it is
possible that the Department of Environmental
Conservation, since Eddie Eagle is the only
5071
program referred to, might just choose to
distribute the Eddie Eagle Program as a result
of this bill; is that not true, Senator?
SENATOR MAZIARZ: Yes, it is.
SENATOR SCHNEIDERMAN: So, if the
Department of Environmental Conservation
obtains from NRA and distributes Eddie Eagle
material to any school districts requesting
gun safety curricula, that would meet the
Environmental Conservation Department's
obligation under the bill; is that not true?
SENATOR MAZIARZ: Well, Senator,
what if they don't? What if they choose the
Handgun Inc. program of the Star Program, and
used those materials that they may deem
appropriate?
SENATOR SCHNEIDERMAN: My
question though, Senator, I look forward to
the day when perhaps in a different
administration the Department of Environmental
Conservation may choose to development
curricula developed by other organizations,
but my question is, very simple.
We are setting up a situation in
which, is it not true, in which it would meet
5072
the requirements of this bill for the
Department of Environmental Conservation to
simply purchase from the NRA or obtain from
the NRA and distribute to school districts
that request them Eddie Eagle materials?
SENATOR MAZIARZ: And my answer
to you, Senator, is also very simple. And
that is that the Department, under this piece
of legislation, may purchase materials from
Handgun Control Inc. and use that in
developing the requirements under this
legislation.
SENATOR SCHNEIDERMAN: If the
sponsor continues to yield?
THE PRESIDENT: Senator Maziarz,
do you continue to yield?
SENATOR MAZIARZ: Yes.
THE PRESIDENT: Senator
Schneiderman, you may proceed with another
question.
SENATOR SCHNEIDERMAN: Senator
Maziarz, coming back to my question, since it
is possible that pursuant to your legislation
Eddie Eagle materials may be distributed by
the Department of Environmental Conservation,
5073
I return to my question, are you familiar with
the genesis of the Eddie Eagle Program,
Senator Maziarz?
SENATOR MAZIARZ: In a general
way I am, Senator, yes.
SENATOR SCHNEIDERMAN: Senator,
are you aware of the fact that the Eddie Eagle
Program was developed in Florida in 1988 as a
part of campaign by the NRA to kill child
access prevention legislation that would have
made it -- made adults responsible if they
failed to store firearms in a manner
reasonable designed to prevent access by
children? Were you aware of the fact that
that is when it was developed, Senator?
SENATOR MAZIARZ: Again, Senator,
I remind you that this bill is not about the
Eddie the Eagle Program.
What I am aware of Senator is that
this bill attempts to sent the message to
elementary school children that should they
come across a weapon that they should stop,
that they should not touch it, that they
should leave the area and that they should
inform an adult.
5074
SENATOR SCHNEIDERMAN: Madam
President, if the sponsor would continue to
yield?
SENATOR MAZIARZ: Yes, Madam
President.
THE PRESIDENT: Senator Maziarz,
you continue to yield?
SENATOR MAZIARZ: Yes.
THE PRESIDENT: Go ahead, Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Senator,
may I ask, why is it necessary in this bill,
if you are saying it is not about Eddie Eagle,
to repeatedly refer to Eddie Eagle and not
refer to any other programs? Is there some
reason that you felt that was necessary?
SENATOR MAZIARZ: Madam
President, through you, it was one program
that quite frankly I was familiar with. I did
read the very positive information about it
contained in this U.S. Department of Justice,
Janet Reno report, and I thought it may be a
good starting point but not the only point
that the DEC and the Department of Education
should take into consideration when developing
5075
this very important accident prevention
program.
SENATOR SCHNEIDERMAN: Madam
President, if the sponsor would continue to
yield?
SENATOR MAZIARZ: Yes.
THE PRESIDENT: Go ahead, Senator
Schneiderman.
SENATOR SCHNEIDERMAN: So then
you really have -- your position is that what,
Eddie Eagle was the program that you knew, but
you have no objection to the result of the
bill being for the Department to distribute
materials from some other programs if that's
what it deems approximate? Is that correct?
SENATOR MAZIARZ: I'm sorry,
Senator, I think I have answered that
question.
SENATOR SCHNEIDERMAN: Well, it
is.
SENATOR MAZIARZ: Probably four
times already.
SENATOR SCHNEIDERMAN: It may
sound similar, but what I am saying is that
you just stated something interesting, that
5076
you mention Eddie Eagle you said because that
was the program you were familiar with, but
would it satisfy you if the Department of
Environmental Conservation, as a result of
this bill, makes available materials other
than Eddie Eagle and does not make available
Eddie Eagle?
SENATOR MAZIARZ: The Department
-- that is really what this bill is all about,
the Department is directed to come up with a
program utilizing appropriate materials to
prevent accidents with guns by small children.
SENATOR SCHNEIDERMAN: So, I'm
sorry, we may not -- the day is late, we may
not be communicating as well as we usually do.
SENATOR MAZIARZ: No, I think,
Senator, you may not be hearing the answers
you want.
SENATOR SCHNEIDERMAN: I may not
be hearing the answers to the question I am
asking. But Madam President if the sponsor
would continue to yield?
THE PRESIDENT: Senator Maziarz,
are you continuing to yield?
SENATOR MAZIARZ: Absolutely,
5077
Madam President.
THE PRESIDENT: Senator
Schneiderman, you may proceed.
SENATOR SCHNEIDERMAN: Thank you,
very much, Madam President. My question is,
very straight forward. If the Department of
-
SENATOR MAZIARZ: So was my
answer.
SENATOR SCHNEIDERMAN: The
Department of Environmental Conservation
chose, after his bill was passed and it sought
to implement it in good faith, to distribute
materials other than Eddie Eagle, not to
distribute Eddie Eagle materials, would that
be okay with you? Does that meet the intent
of your bill as long as they were gun safety
materials?
SENATOR MAZIARZ: Senator, I
think that the bill provides the mechanism for
the Department of Environmental Conservation
in consultation with the State Education
Department to utilize whatever appropriate
materials that they deem necessary to prevent
accidents, to prevent young children from
5078
having access and hurting themselves with
weapons.
SENATOR SCHNEIDERMAN: Madam
President, through you, what I'm not clear
about, and maybe I am just asking the
questions in an inarticulate way, is whether
or not the sponsor would be satisfied if as a
result of this bill the Department doesn't
distribute Eddie Eagle materials at all, but
just distributes other gun safety materials?
Eddie Eagle is in this twice for -- I can't
believe it is for no reason and I am wondering
if it would be okay with you if the Department
distributes other material other than the
Eddie Eagle in response to this bill, and I am
unable to get a yes or no answer.
SENATOR MAZIARZ: Well, I'm not
going to give you a yes or not answer,
Senator, because it is very clearly spelled
out in the bill. You read it earlier and I
will read it again. Such firearm safety
instruction program may utilize materials and
assistance from appropriate nongovernmental
organizations to the extent deemed reasonable
and necessary.
5079
SENATOR SCHNEIDERMAN: Through
you, Madam President, is the sponsor aware of
any studies or reports relating to the
effectiveness of the Eddie Eagle Program?
SENATOR MAZIARZ: Madam
President, yes, I am.
I am aware of the one that I
pointed out to you earlier from the United
States Department of Justice. I'm not going
to repeat myself.
SENATOR SCHNEIDERMAN: Not to
repeat yourself, although I certainly am happy
to indulge if that happens through mishap.
Is the sponsor aware of the 20/20
report that filmed children being taught the
Eddie Eagle Program and then had hidden
cameras to film the activities with guns after
being instructed in the Eddie Eagle Program?
SENATOR MAZIARZ: Yes, the
sponsor is aware of that. The sponsor is also
aware of another ABC news report from April
9th of 1998 at which the exact opposite was
shown, where a segment by Peter Jennings
showed children who had gone threw a safety
program, a weapons safety program who, when
5080
they were secretly video taped did exactly
what they were taught to do. When they were
playing with these toys and they came across a
gun that had been disarmed and they ran and
told their teacher or an adult.
So it showed, on this show with
Peter Jennings, which was ABC, the exact
opposite of what that 20/20 program showed.
SENATOR SCHNEIDERMAN: Senator,
did the -- is the sponsor continuing -
THE PRESIDENT: Senator, are you
continuing to yield?
SENATOR MAZIARZ: Yes, I am,
Madam President.
THE PRESIDENT: Go ahead, Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
Have you seen the 20/20 program,
Senator?
SENATOR MAZIARZ: Yes, I have
Senator. And I also saw that Peter Jennings
show that I just mentioned.
SENATOR SCHNEIDERMAN: And have
you seen any of the work or writings of the
5081
psychology professor whose child was one of
the participants in the 20/20 program?
SENATOR MAZIARZ: What was that
person's name?
SENATOR SCHNEIDERMAN: She has
written -
SENATOR MAZIARZ: I am sure there
are a lot of psychologists shown on 20/20,
Senator.
SENATOR SCHNEIDERMAN: Well, I
have the materials. Her name is Margery
Hardy. Most recent on this subject was an
op-ed column in the New York Times about two
weeks ago. Are you familiar with that?
SENATOR MAZIARZ: No, I'm not
familiar with her, Senator.
SENATOR SCHNEIDERMAN: To put it
mildly, Senator, the 20/20 program, Ms.
Hardy's writings, have at least cast some
doubt on the effectiveness of the Eddie Eagle
program, and I ask you, as a parent of a small
child, I have a thought as to why that may be,
do any of the Eddie Eagle materials ever tell
children why they should not touch a gun? Are
you familiar with any Eddie Eagle comic book,
5082
video, fun pack, action materials or otherwise
that inform children as to what the possible
consequences of touching a gun are?
SENATOR MAZIARZ: Senator, I
think, through you Madam President, I think,
Senator, the message, stop, don't touch, leave
the area, tell an adult. I think that is a
fairly clear message, Senator.
SENATOR SCHNEIDERMAN: Madam
President, through you again, my question is,
I assume you are familiar with the Eddie Eagle
material, Senator, since it is in your bill
twice?
SENATOR MAZIARZ: Yes.
SENATOR SCHNEIDERMAN: Are you
aware of any statement in any Eddie Eagle
material of any kind, and I have attempted to
read every bit I could get my hands on, and
watched their videos, that tells children, as
a part of the instruction, why you shouldn't
touch a gun? What is the possible harm of
touching a gun? Are you aware of any
statement in Eddie Eagle materials to that
effect?
SENATOR MAZIARZ: Senator, I am
5083
aware that the Eddie Eagle material tells
children that they should stop, leave the
area, don't touch the gun and tell an adult
and I think that is a pretty clear message.
SENATOR SCHNEIDERMAN: So is the
answer to my question no, that you are not
aware of any statements of the consequences?
SENATOR MAZIARZ: The answer to
your question is exactly what I said.
SENATOR SCHNEIDERMAN: Okay.
Well I take you at your word, Senator, that
this is not a bill about Eddie Eagle, and in
that spirit, I have prepared an amendment, and
I believe, Madam President, there is an
amendment at the desk?
THE PRESIDENT: That's correct,
Senator Schneiderman.
SENATOR SCHNEIDERMAN: I would
waive reading and request that we be allowed
to proceed.
THE PRESIDENT: We have reviewed
it, Senator Schneiderman, and it is germane to
the bill.
SENATOR SCHNEIDERMAN: If I may
provide an explanation?
5084
THE PRESIDENT: The reading will
be waived and you may explain it, Senator
Schneiderman.
SENATOR SCHNEIDERMAN: This
amendment is exactly the same as Senator
Maziarz's bill with the exception of the fact
that it deletes the specific references to
Eddie Eagle and to the Eddie Eagle lesson.
It authorizes the Department of
Environmental Conservation and Department of
Education -- in consultation with the
Department of Education, to develop and
implement a firearms safety instruction
program. It says that you can provide the
resources in the same way as Senate Maziarz
bill and that every elementary school district
may instruct children and obtain materials
from the Department, the same as in Senator
Maziarz bill.
The only thing different is that
this takes out the reference to the National
Rifle Association curriculum, Eddie Eagle and
the Eddie Eagle mantra, stop, don't touch,
leave the area, tell an adult.
I would strongly urge my colleagues
5085
that this amendment would enable Senator
Maziarz dream of a bill that is open to Eddie
Eagle, but also open to other programs to come
to fruition without any possibility of
misinterpretation by bureaucrats in the
Department of Environmental Conservation who
might say, well, gee, what program should I
give out, I don't know, it refers twice to
Eddie Eagle, it refers twice to the Eddie
Eagle lesson, I guess I should give out Eddie
Eagle, and I know that is not the way Senator
Maziarz is intending, and I urge all of you
that this amendment accomplishes the precisely
the same result. This is what you want to do
if you want to authorize the Department to
openly and honestly evaluate which is the best
gun safety program and make that available in
our elementary schools, so I strongly urge
that all who support an open approach to gun
safety curriculum and not an approach that
attempts to steer or push the State of New
York into the arms of the National Rifle
Association to support this friendly amendment
to Senator Maziarz bill and I would urge all
to vote in favor of this amendment so that we
5086
can move forward, get a gun safety curriculum
into our elementary schools and enable the
good Senator's vision to come to fruition.
THE PRESIDENT: Is there any
other member who wishes to speak on this
amendment?
SENATOR GOODMAN: I wish to
speak.
THE PRESIDENT: On the amendment,
Senator?
SENATOR GOODMAN: No, not on the
amendment, but I do wish to speak on the bill,
Madam President.
THE PRESIDENT: The question is
on the amendment.
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, I just rise to toss out one fact in
favor of the amendment. In the entire time
that I have been in this chamber where we have
debated bills about patriotism and the flag
and curriculums for education in this State,
we have never to my knowledge, never told the
Department of Education what particular
curriculum to use.
5087
We have allowed the professionals
that we have hired, that are hired and paid
for by the taxpayers of this State to figure
out what the best curriculum approach that is.
The theory being that if what we want to do is
get a message across that embodies patriotism
or the holocaust or the Irish potato famine,
anyone one of the things that are referenced
in this portion of the Education Law, what we
should do is we should allow the educational
experts to figure out what the right message
is.
I appreciate the fact that Senator
Maziarz, as I read the bill includes two
references. Correct, it does not mandate Eddie
Eagle, but it does included two references,
and it may mislead the Department into
thinking that that is the appropriate
standard.
I think we could develop a
different standard. I would hope they develop
the right standard for New York, but just
realize that this specific reference to a
specific program is inconsistent with every
other time we have mandated a curriculum
5088
improvement in education in New York State.
We have, never to my knowledge, said teach
X,Y, Z version of the holocaust, or teach
Professor Jones' version of the Irish potato
famine. We have stayed away from endorsing
any product or making any reference to a
product, I would just encourage affirmative
votes in favor of the amendment because I
believe that the way to do it is to leave it
to our professionals. If they agree with
Senator Maziarz that Eddie Eagle is a proper
standard and it works and that there is
evidence in support that it works and it is
certainly going to be used in other states,
then it has got credibility as an educational
tool, but in the absence of that, I think it
is inappropriate for us, never having directed
people to a specific curriculum, to do it in
this instance.
I vote in favor of the amendment,
Madam President.
THE PRESIDENT: Senator Lachman,
on the amendment.
SENATOR LACHMAN: On the
amendment, first I want to thank Senator
5089
Maziarz and Senator Schneiderman for bringing
my attention to Eddie Eagle. It was a name
that I wasn't familiar with before.
It is a friendly amendment, Senator
Maziarz. There is an anomaly in the bill that
has only 22 sentences and has two reference
and two quotes from Eddie Eagle. A bill that
calls itself a firearm accident prevention
program act, in my opinion should have other
references and other quotes by which we can
prevent these accidents from occurring. And
for that reason I will favor the friendly
amendment.
THE PRESIDENT: Senate Hevesi on
the amendment.
SENATOR HEVESI: Thank you, Madam
President.
On the amendment I would just like
to point out that Senator Schneiderman's
amendment does one thing and one thing only,
and I would like to make this clear for
everyone who is now about to vote on the
amendment. The only think that Senator
Schneiderman's amendment does is strike the
references to the Eddie Eagle program from
5090
Senator Maziarz bill.
So by default, if your voting
against this amendment, it means that your
positions must be that you want that reference
to the Eddie Eagle Program to remain in the
bill. And the only reason you would want that
reference to Eddie Eagle to be contained in
this bill is because you had some belief that
this was the program that should be
implemented. And that being the case, we need
to make the clear distinction here, and I am
going to speak when I speak on this bill about
the Eddie Eagle Program specifically, but
anybody who casts a vote against the amendment
is voting to contain in this legislation the
reference to Eddie Eagle for a purpose that I
believe is clearly obvious.
I support the amendment.
THE PRESIDENT: The question is
on the amendment. All in favor signify by
saying aye.
SENATOR PATERSON: Party vote in
the affirmative, with exception.
SENATOR FUSCHILLO: Party vote in
the negative.
5091
THE PRESIDENT: The Secretary
will call the roll. The exceptions, please
identify yourself.
(The Secretary called the roll.)
THE SECRETARY: Ayes 22, nays 37.
Party vote with exception.
THE PRESIDENT: The amendment is
defeated.
Senator Paterson, why do you rise?
SENATOR PATERSON: Madam
President, is Senator Schneiderman on the
bill, or do I have the floor.
THE PRESIDENT: Senator Goodman
has the floor, Senator Paterson.
Go ahead Senator Goodman.
SENATOR GOODMAN: Madam
President, this is -- first let me say I am
sure that it is only with the best of
intentions that my colleague, Senator Maziarz
has introduced this bill and I regret to say
that I am afraid it is flying under false
plumage. This is hardly an -- this is really
a vulture in eagle's clothing. This bill is a
legislative ruse in my humble and respected
opinion, which seeks to create the impression
5092
that the NRA is placing the highest priority
on the protection of youngsters. The fact of
the matter is, if you analyze closely what the
bill itself says, it is almost ludicrous on
its face. A child is supposed to follow
instructions that say, Stop, don't touch,
leave the area, tell an adult. In a small
apartment, how is a child supposed to leave
the area? I'm not clear what the area is. Is
it his father's closet? Is it his father's
bureau drawer? It happens that a child can
uncover a pistol in almost any part of the
house, or a shotgun, and I'm not quite sure
what it means to leave the area. That is
completely confusing and obfuscated
instruction.
Furthermore, Madam President, I
very much am troubled by the statement which
says, on lines 17 through 20 of the bill,
"Such firearms safety instructions program may
include . . ." -- let me go back, excuse me.
On line 14 of the bill it says, "The teaching
of firearm safety such as the Eddie Eagle
Program is critical to reducing the number of
firearms incidents among children . . ." And
5093
I underline this, ". . . during a time in
which the media often displays unsafe and
irresponsible firearms handling. Such fire
arm safety instruction program may include
animated video, and fun filled activity books
for use in classrooms, youth programs, summer
day camps, et cetera."
Fun filled activity books. Madam
President, a gun is a lethal weapon which,
time and time again, has taken the lives of
people, and I think it is preposterous to
assume that a coloring book or some sort of a
palative of this sort is going to cope with
this program. This is like taking a baby
aspirin to treat a case of severe viral
pneumonia. The virus consists of the fact
that what we really need is something to
combat the very extreme dangers posed by
weapons, and the repeated indications that
these weapons can take children's lives.
I would remind you that those in
favor of this attempt to control guns have had
a display each year in which there are
hundreds and hundreds of children's shoes
brought in from around the nation. These were
5094
children killed by firearms which were
carelessly left to their disposal around their
homes.
Madam President, clearly the time
has come to stop pulling the wool over our own
eyes to get plumage on a bill which is not
deceptive and to make it clear that that is a
Tommy trigger bill or a Danny death bill, but
certainly not an Eddie Eagle bill.
I strongly oppose it and I think
that the vote on this prior to handling a gun
lock piece of legislation would be a cruel
hoax and one which we should not participate
in.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President. Thank you, Madam President.
I was somewhat concerned, listening
to the exchange between my friend Senator
Maziarz and Senator Schneiderman. It was one
point in which Senator Schneiderman asked
directly if the Department were to go ahead
and just use any other programs that teach gun
prevention and left the Eddie Eagle Program
out and that was just a decision they made,
5095
would that be satisfactory. I would have
thought that had the legislation been designed
to create gun prevention rather than -- or
teaching prevention rather than just promoting
a program that a particular organization is in
favor of that Senator Maziarz would have
answered the question, Yes, why not, the
agency can direct, this is not legislative
intent, we just listed what we considered to
be an effective program in the legislation but
the agency can choose whatever form in which
it chooses to bring gun prevention into the
schools.
That answer disturbs me because it
starts to make me believe that things are not
always as they seem. On its face this would
be a very effective program. Stop, don't
touch, leave the area and go and find an
adult. That would seem to be very good advise
to give to any young people should they happen
to find a gun. But if you watch the Eddie
Eagle video, as Senator Schneiderman said, the
whole idea, the whole concept seems to be
colored in mirth, which really reinforces what
Senator Goodman said, that this is really a
5096
vulture in eagle's clothing.
Yes, it is simple enough to say,
Stop, don't touch, leave the area, go get an
adult. But that could have applied also to
broken dishes. Children should stop, they
should not touch them, they should get away
and go get an adult. What that video fails to
really inform the youngster is how serious and
dangerous the consequences are of touching a
gun.
And so in many respects the
promotion comes from the publication. If
there is no particular reason to get away from
the gun other than that someone said so, like
many other things to young people, there is
not really knowledge of what the consequences
of touching the weapon is. And that is what
the 20/20 video showed. That the young people
were warned but they were so moved by the
fascination with guns there is so much
interest in guns there is a natural
inclination to become interested and involved.
My brother and I, all we played were gun games
until he shot me many years ago. But I won't
go into that again.
5097
The reality is that there is an
unfortunate notion of coalesced dreams. It is
the desire of young people to be interested in
guns and the desire of the NRA to sell them.
The fact remains that if we were able to prove
right here that these programs such as the
Eddie Eagle program have no effectiveness,
that would not stop the National Rifle
Association's desire to promote the program
because it would be their intent to say, We
are giving good advice. But in giving good
advice they are doing something that has been
shown time and time again in different
physiological profiles to be a problem with
children. That just by telling children not
to do it is raising the subject of what it is.
And in this case it is the involvements guns.
The fact is that that video showed
that 20 students of which only one actually
did what the video instructed him to do. And
that had the guns been loaded and not disabled
as they had been in that particular video,
that there was a possibility that 17 children
could have been shot based on the way the guns
were pointed through the video.
5098
So I think that this opens up a
serious question as to how we should present
gun safety programs to kids. If anything, we
need to show the children unfortunately what
the dangerous consequences of the use of guns
may be.
Tragically there was a shooting
this weekend in the building in which I live.
And there was blood on the floor of the lobby
to my building. My son, who is five years
old, seeing that, asked why the person who was
shot didn't put band-aids on him. My son is
age five. To him that was a logical answer as
to how to stop bleeding. Clearly he did not
know what the result of gun fire into a human
being can actually produce. And the person who
was shot in this particular case lived, but a
tremendous amount of blood was lost.
The fact is that young people, if
what they say is right, that seven is truly
the age of understanding, the children under
seven don't always understand, and a good
example of it is that in a recent survey only
21 percent of six year olds new what the word
area means. But right here in the legislation
5099
it says leave the area.
So, that is not really informing
the young person of very much as to what it is
or where it is from which they are supposed to
leave.
In my opinion it is very cursory to
use this kind of approach when -
THE PRESIDENT: Senator Hoffmann,
why do you rise?
SENATOR HOFFMANN: I was
wondering if Senator Paterson would be willing
to yield for a question, Madam President.
THE PRESIDENT: Senator Paterson,
would you yield to Senator Hoffmann for a
question?
SENATOR PATERSON: Yes.
THE PRESIDENT: Go ahead, Senator
Hoffmann.
SENATOR HOFFMANN: I wonder if
Senator Paterson, as concerned as he is about
guns and about a preoccupation by young people
on guns has thought about introducing
legislation that might direct the filmmakers
in Hollywood and the television broadcast
outlets to consider changing the way they
5100
depict guns?
SENATOR PATERSON: It might not
be a bad idea, Senator Hoffmann.
SENATOR HOFFMANN: I wonder,
Senator Paterson, if you think that might be a
more appropriate way to influence young people
of the age of your son, since the information
that these young people get is clearly
formulated by the media, it is certainly not
the NRA that is representing that guns are
harmless, it is the media that implies that
the use of guns without regard to their
consequence is somehow an acceptable thing to
do.
I wonder if that is something that
you and some of your other colleagues who are
so opposed to Eddie Eagle have considered
doing since it would clearly not be a much
better way of reaching the hearts and minds of
young children at a highly impressionable age,
before the damage has taken place and it is
necessary to have a training program like
Eddie Eagle to help them understand the
consequences that they are clearly not given
by watching media unchallenged and unguided by
5101
their parents.
Is that something that Senator
Paterson has considered doing or contemplated
legislatively or considered as a likely
amendment to this bill?
SENATOR PATERSON: Absolutely.
SENATOR HOFFMANN: Thank you,
Senator Paterson.
Thank you, Madam President.
SENATOR PATERSON: Madam
President, again, on the bill.
THE PRESIDENT: On the bill,
Senator Paterson.
SENATOR PATERSON: There are a
variety of ways, some of them just pointed out
by Senator Hoffmann, that could influence what
would be false images in terms of the use of
guns or the maneuverability of guns to young
people.
The one that we are considering in
this piece of legislation is actually involved
in a media approach, the making of a video,
exactly what Senator Hoffmann was turning our
attention to. Using a video to caution young
people about the dangers of guns, but a video
5102
that strangely never says that guns are
dangerous.
And so for exactly that reason I am
suggesting that this is not a correct
approach, and is many ways similar to the type
of media campaign and also the representation
in movies and films of what guns actually do.
So I think that the real issue here
is if we are going to teach gun safety to
children we are going to have to understand
that children need to in many ways be informed
almost in the same way adults would be. They
would have to know what the consequences of
playing with a weapon would actually be and to
distinguish the difference between a toy and a
weapon. And one of the pieces of legislation
that I am working on is to penalize the toy
industry for creating facsimile guns that
could be, such as was in the case last summer
in New York City, confused with an actual
weapon which was the reason that a police
officer shot a 16 year old boy in Brooklyn,
New York, who was holding the toy gun that the
police officer thought was a real gun.
So when we look at the issue that
5103
is raised in this piece of legislation, I
think it is as injurious as it could even be
helpful to be presenting information as if we
are actually trying to limit or to actually
limit access of guns to children and at the
same time not pointing out how highly
dangerous the weapons actually are.
So I don't think that this
particular program does that in any way. If
anything what it does is to promote the
concept of guns without really allowing for
the distinguishing of how serious the
consequences of their use are. And for that
reason, Madam President, I can not support the
legislation.
THE PRESIDENT: Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President, on the bill.
THE PRESIDENT: On the bill.
SENATOR HEVESI: Madam President,
I voted for this bill in committee and I want
to thank Senator Maziarz for his very well
intended bill. This is a noble pursuit and a
righteous endeavor to try and protect our
youngsters from the hazards of firearms.
5104
The problem is, although I voted
for this bill in committee, the part of the
sponsorship or potential sponsorship by the
NRA, I didn't realize at the time how
troubling that was, and my thought process at
the time was, you know what, if the NRA has a
program which will protect children and voting
no means that we will not have any program
then I would rather have a program sponsor by
the NRA, even though I was skeptical of the
National Rifle Association.
Madam President, I will never make
that mistake again. Because subsequent to my
yes vote in committee I saw the Eddie Eagle
material that is in question here and I can
appreciate Senator Maziarz comments repeatedly
in his dialogue with Senator Schneiderman in
which he states that the DEC is free to adopt
any program that they choose, except it is a
glaring piece of information that the Eddie
Eagle Program is mentioned twice in the
legislation, that the entire majority of this
institution voted down an amendment to strike
the Eddie Eagle reference from the
legislation, and that the specific reference
5105
to the instructions to the children is only,
by Senator Maziarz acknowledgement is only
contained in the Eddie Eagle Program.
I think it is abundantly clear that
the intention here was that the State should
adopt the Eddie Eagle Program as its method of
child safety as it pertains to firearms. It
may be debated here, but I think that that is
pretty clear.
So what is the problem with that,
Madam President? The problem is, whereas my
intention was a safety program is better than
no safety program, that is simply not the
case. I was wrong. I found out I was wrong
when I read the materials, the cartoons that
are here on the Eddie Eagle Program. And I
will just point out for you in the context of
a demonstration that not only does the NRA
attempt in this brochure, in this cartoon, to
instill amongst our youngsters legitimate
safety instructions, it also glorifies
weapons. And I will give you a demonstration.
This is one of the final pages of the
legislation after one of the children in the
cartoons has found a shotgun, what appears to
5106
be a shotgun on a table. A grandmother, and I
will show you this in a second, a grandmother
picks up the weapon and returns it to the
other, I don't know, three or four shotguns or
rifles that are situated in her rifle case.
That's what this shows. So instead of seeing
a rifle or a shotgun sitting on a table and
instilling the message to our children that,
oh my God, what is a weapon such as this doing
in this environment at all, what this does, it
has the grandmother take the rifle or shot
gun, I'm not sure which it is, and return that
rifle or shotgun to her arsenal in front of
the children. That is what this does. That's
the message we are sending to our children.
And that is the danger of the Eddie Eagle
Program. On the one hand it does attempt in
some way to provide our kids with some
protection to give them instruction. And we
desperately need that protection. But on the
other hand, and I should have realized this
because the raison detre of the NRA is to
insure that we never have any restrictions on
weaponry of any sort and to promote weapons,
even though the NRA will tell you that they
5107
intend to promote them in a safe fashion.
But it is clear here from this
literature, and Senator Schneiderman
articulated for us earlier the genesis of
Eddie Eagle. It was a mechanism to block gun
restrictions as that movement was germinating
in Florida. That is the purpose here. This
is very, very potentially harmful to our
children. I was shocked when I saw this and I
regretted very much that I had cast a vote in
committee without having seen all of the
evidence. And, Madam President, now that I
see it I would implore everyone to vote no on
this bill and I am very skeptical that that
will happen because when we had the amendment
before us that would have stricken the Eddie
Eagle provisions, when that happened, everyone
on the other side of the aisle voted no, which
to me says they want that provision in there,
that this is the program that the DEC should
adopt for our kids. Very troubling, Madam
President. This is not the way to go about
it. So I mean this. I have the highest
respect for Senator Maziarz. I believe what
he is trying to do here is well intentioned,
5108
although it is troubling that when asked the
question by Senator Schneiderman would it be
acceptable to him if the DEC subsequent to his
piece of legislation being passed chose to
adopt a program other than the Eddie Eagle
Program we didn't hear an answer in the
affirmative.
I think that says it all, Madam
President. I am very concerned about what
would happen should this legislation become
the law of the land, and as a result I vote in
the negative and urge my colleagues to do the
same.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President, on the bill.
I appreciate Senator Maziarz
extended courtesy in allowing me to ask some
questions on this. This is something I feel
very strongly about. I had never heard of
Eddie Eagle when this came up in the
Environmental Conservation Committee, and
since I had never seen the materials I didn't
vote yes, but I voted without recommendation.
5109
I, like Senator Hevesi, have had an
opportunity to not just to review the
materials, but to learn a little bit about the
history of Eddie Eagle and I think that this
is a bill that really must be defeated, and I
have a six year old and she goes over to play
dates at her friends houses and I do not know
if her friends parents have guns there or not,
but what I have learned about in the last
month on the subject of children with guns and
specifically on the subject of the NRA's
efforts regarding children with guns, I urge
all of you that this is something we have to
address and that voting yes on this bill will
not only be ineffective, it is not just an
aspirin for a serious disease as Senator
Goodman suggested. I think it is more akin to
taking lye if you have a serious disease. It
causes affirmative harm.
First of all, I think that as
demonstrated by the 20/20 video, which was
being shown today in the Legislative Office
Building, there is a real question as to
whether this program stops kids from touching
guns. As a parent of a six year old I can
5110
look at the materials and tell you why that is
true. What happens in all of the Eddie Eagle
material is that kids find, they are looking
around, they are playing, they find a gun. It
is clearly the coolest object in the home.
Then as soon as you find a gun this amazing
bird flies down and talks to you. He never
says guns kill people, guns hurt people, guns
injure people. There is no indication of the
massive injury caused in a country where ten
children are killed or injured every day by a
gun. That is not mentioned here.
And then as Senator Hevesi pointed
out at the end, the grown-up shows that the
guns are, in fact, treasured possessions of
the adults. They are to be -- they are
cherished possessions of adults.
I think that the program doesn't
work. The program doesn't work for a very
simple reason. The NRA, because of its
mission, can not teach kids about the dangers
of guns because the NRA can not talk about gun
danger and gun violence and the horrible
tragedies that occur because of the
availability of guns in our society.
5111
The second problem I have with this
is not just that it is a program that does not
work well, it is a program that is used for
bad purposes. It is not -- Eddie Eagle is not
a program about teaching kids for gun safety.
As I pointed out earlier, the Eddie Eagle
Program was developed in Florida in 1988 when
there was a big push on to have child access
prevention laws enacted. The Eddie Eagle
Program has been repeatedly used in states
around the country and in Congress to block
trigger guards and child access prevention
laws. It is a campaign that has its origin in
an effort to make guns available and it is
used to this day in an effort to make guns
available.
And I read a quote from some -- the
Safe Kids Coalition, the founding member of
the Safe Kids Coalition in Indiana where Eddie
Eagle was used to defeat a CAP bill, a child
access prevention bill. Quote, The Eddie
Eagle amendment was used as a political tool
to prevent debate of the CAP bill from
occurring. The original CAP bill would have
replaced the responsibility for safe storage
5112
of handguns on the adult owner. The NRA
backed amendment relieved the owner of the
obligation to store the handguns by instead
mandating Eddie Eagle classes for Indiana
school children.
So lets not pretend that the Eddie
Eagle Program is just something developed by a
bunch of well meaning educations. Its purpose
is to prevent gun control laws. Its purpose
is to continue the unbelievable situation in
our country, where as I pointed out, more than
ten kids are injured or killed every day,
where 30 percent of families with children,
according to a 1992 study, probably more now,
keep loaded guns in the home, where according
to a Johns Hopkins study when they questioned
parents who keep guns, 59 percent of them
admitted they don't keep them locked away from
the children, and I suspect that there are
some who didn't admit it. And as you can see
again from the 20/20 video, which I have a
copy of and I commend to you and Senator
Maziarz and I perhaps will have a screening of
it for people later, the interviews with the
parents are very revealing in that video.
5113
We have a problem of handguns in
unsafe places. Children using handguns,
children being injured. The NRA curriculum
does not help solve that problem. The NRA
curriculum is designed to prevent gun control
laws.
The second purpose, and to me even
a more offensive purpose for the Eddie Eagle
Program is revealed by NRA posters and
advertisements for gun shows, which say to
children, get your parents to bring you, come
to the gun show and meet Eddie Eagle. This is
not just a situation in which the National
Rifle Association is content with the current
generation of gun owners. They are trying to
recruit the next generation of gun owners and
Eddie Eagle is used as a promotional device so
that once kids -- we are now in a situation
where in your elementary school in New York
State you may introduce Eddie Eagle to
children who are then encouraged to come and
get involved in owning guns by the same
cartoon character, owned, copyrighted and
owned by the National Rifle Association
Foundation and that is something that the
5114
State of New York should in no way be a part
of.
I read to you from an article about
the industry -- the NRA endowments. This was
published in Fishing and Hunting News in
February of 1997. "You always have to bring
young people into anything. New blood really
helps." This is a quote. "The NRA is plowing
new ground for this industry." And the
article was called, "Industries NRA Endowments
Equals Foundation for the Future."
NRA endowments are what finance the
Eddie Eagle Program. So we are talking about
a progress that doesn't work. We are talking
about a program that can't work because the
NRA will never teach about gun danger. We are
talking about a program that is used, we know
from its history, to block gun control laws.
And we are talking a program that is also used
to encourage the next generation of gun users.
They use the same cartoon character. We are
authorizing the State of New York to put into
our classrooms to lure kids into gun
ownership.
And for all those reasons I would
5115
suggest that a vote in favor of this bill is
not a vote in favor of gun safety, it is a
vote in favor of the NRA. It does not talk
about the danger of guns, their violent
nature. The program is to keep guns remaining
unlocked and unprotected from our children.
I, you know, appreciate the
opportunity for an education, which this bill
has provided me. I also want to point out
that there are other gun safety curricula that
are in use in schools in this State and
Senator Maziarz mentioned the Star Program,
which is used in dozens of schools I know just
in New York City. There are better programs.
There are better ways to address the problem.
This bill, we have heard references to various
more offensive birds than that eagles, whether
you called it vulture or whatever, it is
absolutely clear that this bill is not
accomplishing the stated goals and I urge
everyone who is serious about preventing
children from being harmed by guns to vote no.
Lets work on a serious gun safety package that
protects children from guns and doesn't result
in what I am afraid will be serious, serious
5116
unintended harm should Eddie Eagle take flight
in the schools of New York State.
THE PRESIDENT: Senator Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
I listened with interest to the
characterizations of firearms by my colleague,
Senator Hevesi, as weapons. And I listened to
the characterization of a gun being placed in
a gun cabinet. Those are typically locked gun
cabinets. That is the appropriate place to
keep a firearm.
Those of us who are familiar with
firearms general refer to them as firearms and
recognize they have many, many applications,
including sporting usage. Sometimes they are
collected for their historical or artistic
quality, belive it or not. They have a great
appeal as objects of beauty because they are
an example of American craftsmanship, and
those of us in upstate districts even
represent some wonderful firearm manufacturers
in this State and we are very proud of them
and the reputation they have created for
themselves.
5117
The sports that are associated with
firearms are something of which many of us can
be proud. The Department of Environmental
Conservation runs a number of hunter safety
courses, and I would just take a moment to
note that we were the first state, we can be
very proud of this fact, to implement and
require a hunter safety course as a
requirement to hunting in New York State.
That was back in the 1940. Today it is the
model for the national hunter education
activities.
So it is not surprising that we
also are on the cutting edge when it comes to
a program like Eddie Eagle.
The Eddie Eagle program follows a
time honored tradition of reaching young
people with images with which they find a
certain sense of familiarity. For a small
child it is much more comfortable to see a
cartoon character or a large friendly animal
to convey a message than it is an adult figure
or something totally foreign. This is used in
common educational activities going pack to
Smoky the Bear, only you can prevent forest
5118
fires. Children respond to that. And they
know to stay away from lit matches and they
understand the importance of protecting the
forest.
There is a safety program that is
operated to teach children what to in the
event of a fire. There is a large dog that
goes out on display. We have it at the State
Fairgrounds every year in a big arson
prevention project, and the message again to
small children is through a large cuddly
creature with somewhat cartoon
characteristics. This dog teaches these
children, stop, drop and roll if you should
ever become caught on fire.
So the Eddie Eagle Program,
contrary to what some of the detractors have
stated, is a logical, well thought out use of
a pre-determined educational component in
their lives already to give them a sense of
trust. This Eddie Eagle character tells them
something important and the word danger is
clearly stated and reinforced. There is no
need to go into further details. It is
designed for an age group that needs to focus
5119
on danger first and foremost. The fine points
of who should or should not have a gun in a
civilized society is really not an appropriate
message to be giving a five or six year old
child. That is something that can be debated
by adults in this chamber but lets really
focus on the issue at hand here. Do we care
about educating young people about the dangers
of firearms left unattended? Yes, of course
we do. Is this an effective way of doing it?
It most certainly is. And what are the
statistics that everybody is talking about
here?
I find it very interesting. I'm not
sure where the statistics all came from. Most
of them were not cited, but if there were a
number of injuries caused by firearms even on
a daily basis in this country, they pale in
comparison to the injuries caused by many,
many other factors in this country of ours.
Every year we have motor vehicle accidents.
In 1996, I will just quote, motor vehicle
accidents, 43,649; falls, 14,986; poisonings,
9,510; fires, 3741; drownings, 3488; choking,
3206; medical mistakes, 2,919. Compared to
5120
firearms accidents, 1,134. Which by the way
was an all time low in 1996, in part due to
the fact that Eddie Eagle has now been
introduced and is in place in many states with
great effectiveness.
I don't hear my colleagues talking
about outlawing motor vehicles, stairs, any
kind of material which could lead one to be
poisoned, anything that might be an implement
that could cause a fire, all bodies of water
which lead to drowning, anything that could be
ingested which might lead to choking, or
doctors who clearly are responsible for some
of the medical mistakes.
All of these are bigger safety
risks to children, but the NRA has become a
convenient target for anybody who wants to
make some noise and talk about child safety in
this country. It polarizes people. It allows
people to speak with little or no knowledge of
the subject at hand, as clearly demonstrated
by people who repeatedly speak about firearms
only as weapons.
The clear image that they would
like us to have here is that anybody who wants
5121
to have a firearms is probably going to go out
and rob a bank as their next move or hold up a
crack dealer and run wanton through a super
market or a post office.
Many of my constituents find that
characterization offensive and they are
troubled when they pick up a newspaper as they
will tomorrow and read that certain members of
this chamber from New York City said that they
do not know what they are doing when they talk
about firearms with their young children, or
that they are not to be trusted with firearms
in their own homes because they have young
children.
I believe that the Eddie Eagle
Program is a perfectly appropriate one. I
think that we should be putting our attention
into other areas. I think that the people of
this state have heard enough of the rhetoric
about who should and should not have a fire
arm or have the right to have a firearm. Let
us allow the DEC to make the kind of educated
decision that it has in the past about safety
programs that has put this Department of
Environmental Conservation squarely in the
5122
forefront as one of the most enlightened in
the United States.
ACTING PRESIDENT McGEE: Senator
Johnson.
SENATOR JOHNSON: Madam
President, it does seem like mostly the talk
has been against the NRA, against the Eddie
Eagle Program, perhaps without a lot of
knowledge of what the program is about. I
didn't hear much about how to educate these
children to avoid guns and avoid these
problems. Mostly it seemed to be an attack on
the NRA, and probably an attempt to stigmatize
everyone on this side of the room who might
support an NRA program. Totally inappropriate
I would say for conduct in this chamber. The
NRA doesn't need me to defend it, but it has
been the leading proponent of marksmanship
training in this country for a hundred years
and certainly that has been very valuable to
this nation in war and in peace.
They have defended the second
amendment, which some people don't think is
important and everyone thinks the first
amendment is very important because the media
5123
can write anything they want, true or false,
or draw any improper characterization and you
have to put up with it because the media is
free to do that. On the other hand, if we
didn't have the second amendment I'm afraid a
lot of our other rights in the Bill of Rights
wouldn't exist today.
So I don't think we should attack
the NRA for the stand they have taken to
defend traditional American values for many,
many years. It is kind of interesting to hear
that Eddie Eagle is such a bad program when I
have three sheets of paper which I happened to
acquire just recently commemorating the Eddie
Eagle Program from 30 different states,
including, and you might be surprised because
we're New York, we're the Empire State, we
know everything and all the bumpkins around
us, they don't know very much, but those
bumpkins around us in the states of Vermont,
Massachusetts, New Hampshire, New Jersey,
Pennsylvania, Rhode Island and Ohio have all
praised the Eddie Eagle Program. So how come
they're so dumb and we're so smart and we
think it is bad and they don't know enough to
5124
know a bad program when they see one.
The fact is that the other side of
the aisle is wrong on this issue and the rest
of the nation, the rest of the states in this
nation and school districts, governors who
propose, who praised this program, they are
the ones who are right. And I think it was
very proper to bring this bill up and I think,
yes, the Eddie Eagle is a proven and effective
program. We want to defend, protect our
children against gun accidents and certainly
this is the most effective program which has
been demonstrated to do that. And as a matter
of fact, where the accidents happen are in
homes, and I know it was expressed that you
should have guns in your house in a gun
closet, but the fact is that the homes where
those guns exist, where the parents go hunting
or target shooting and the children go with
them, they are the safest. They never take a
gun and do anything wrong. With most cases
children are not familiar with guns and get
one on a thrill or get one to do a crime or
whatever it is, they are the ones where the
accidents happen. But in the responsible gun
5125
owners homes these accidents happen very
infrequently. Just thought you would like to
know a little bit of the background and my
opinion on this amendment and of course my
great support for the Eddie Eagle program and
for this bill.
ACTING PRESIDENT McGEE: Senator
Volker. I'm sorry, Senator Fuschillo.
SENATOR FUSCHILLO: For the
purposes of Senator Skelos, Senator Velella
and Senator Johnson voting, can I ask that you
read the last section and call the roll call,
please?
ACTING PRESIDENT McGEE: The
Secretary will read the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
July.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
SENATOR SKELOS: Madam President,
I vote aye.
ACTING PRESIDENT McGEE: Senator
Velella.
SENATOR VELELLA: Madam
5126
President, I vote aye.
ACTING PRESIDENT McGEE: Senator
Johnson.
SENATOR JOHNSON: Aye.
ACTING PRESIDENT McGEE: Senator
Larkin.
SENATOR LARKIN: Aye.
ACTING PRESIDENT MCGEE: Senator
Nanula.
SENATOR NANULA: No.
SENATOR FUSCHILLO: Madam
President, withdraw the roll call, please.
ACTING PRESIDENT McGEE: Withdraw
the roll call, please.
Senator Volker.
SENATOR VOLKER: Madam President,
this is kind of a fascinating discussion in a
way. If this bill, and I will be the first to
tell you, if this bill was passed about a
month and a half ago or a month ago it would
have passed, it probably would have had four
or five votes against it.
This bill passed the Assembly
several months ago 145 to nothing. Oh, 150 to
nothing. I'm sorry. Thank you. It was 150
5127
to nothing. It came out of committee with one
dissenting vote.
This is a program that has been
acclaimed all over the country except in
certain places where certain anti-gun groups
have said, well, you know, this is just some
sort of political thing because it works so
well. Generally speaking it has worked quite
well, and that is why Janet Reno, an avowed
NRA person who is really strong on the NRA as
we know, said this is a fine program. The
truth is, lets not kid ourselves. The truth
is, what this is about, this is about the fact
that we had a couple of terrible tragedies.
The tragedy, by the way, at
Columbine that could have been a heck of a lot
of worse because there were bombs all over
that building, and as I have been told, some
of those were blown up, but we haven't known
about it yet. But our concern of course is
strictly with weapons and I guess in a way I
understand that because the media has had this
frenzy over guns for a long time. That is why
we need a program like this.
I mean, we used to have in upstate
5128
New York in particular, not in New York City
because New York City has been, you know,
known for all our purity in weapons. They
have done such a good job in making sure that
we keep guns out of the hands of everybody.
Oh yeah, well that's why people are dying all
over the place or did in previous years and
there were very few programs where there were
a lot of school programs upstate that frankly
went out because of fiscal reasons and things
of that nature.
Handgun control, by the way, until
just recently didn't really generally oppose
this program a great deal, they just didn't
like it because NRA had its name someplace on
it. What the heck does Handgun Control, by
the way, know about guns? They really know
very little except they just don't like them
and we understand that.
The point is, what you want is, if
you are going to have a program that deals
with gun safety, you should have someone that
at least knows something about it, and that's
where the Eddie Eagle Program came from. It
is not designed to promote guns. And by the
5129
way, you showed a cartoon from the Eddie Eagle
Program. There is all sorts of material that
has been used across the country in the Eddie
Eagle books.
Now, nobody is saying that this is
a perfect proposal. In fact, one of the
reasons it was delayed, and I will tell you a
little story about this bill, I know a little
bit about it, was that there were some people
with the NRA who didn't like it because they
didn't think it was strong enough in making it
clear that you should use the Eddie Eagle
Program. And I will tell you that because I
happen to know it is a fact.
What we were trying to do here,
what Senator Maziarz was trying to do here,
was to develop a good program, and Eddie Eagle
is reputed to be one of the best in the
country and you can say it is not, but it is.
Not just by Janet Reno, but by all sorts of
other people.
The point is, if it wasn't for the
frenzy that is going on right now this would
skid through this place without any problem.
The truth though is, and the thing that
5130
bothers me about this is that this is a gun
safety program and it is a program that we
should pass. It is a program that is the
right thing to do.
Now, you, you can talk about, you
know, gun control and all that other stuff if
you want to. You can say what you want. All
the law enforcement agencies, by the way, have
said this is a great idea. I just think that
this is another example of the problem we have
in this country right now that we jump from
one media area to another.
It seems to me that a program such
as this, and no one is saying that this is a
perfect idea, but we are not mandating it.
And your school districts in New York City,
presumably because of the proclivities that
have probably will never utilize it
unfortunately, which they should by the way
because its value in New York City, it would
be good to use this more than any other
places, but it's doubtful that they will ever
use it, but no one says they have to. We are
saying here that this is a program that
generally speaking has proved itself. Nobody
5131
is saying it is perfect. Nobody is saying
that there aren't some problems with it. And
20/20, that is notorious for zeroing in on
this stuff and its a little questionable by
the way as to how this whole thing happened,
but what we are saying, I think what Senator
Maziarz is saying, that this is a program that
deals with weapons in a way in which you can
teach kids safety, save kids lives and teach
them to respect guns as they should for what
they are. And I think Senator Maziarz should
be commended for sponsoring this bill and
having the courage to move on despite all the
frenzy in some parts of the after media that
there is.
So I think that we should stop for
a second and think about what we are doing
here because, oh yes, there may be some people
that will say, well, you know, this is just
another one of those political bills. It is
not a political bill. It is a real bill. It
is a bill that says that we are saying in this
Legislature that we want fire arms safety and
I think this is the kind of bill that we
should pass.
5132
ACTING PRESIDENT McGEE: Senator
Marcellino.
SENATOR MARCELLINO: Thank you,
Madam President.
After all is said and done, what we
are dealing with, if I can repeat some of the
language because it because it bears
repeating, this is gun safety program. This
is a firearm safety program for small
children. This bill passed the Assembly
unanimously, unanimously. Passed the other
house. Hardly a bastion of conservatism and
NRA support, but this bill passed unanimously
in the other chamber.
The message, stop, don't touch,
leave the area, go get an adult, this is a
terrible message? This is a bad thing to tell
kids? Kids shouldn't stop? They should pick
up the gun? We want them to do that? We
don't want them to get an adult? We don't
want them to walk away and leave the gun
alone? We want them to touch it?
The message seems to be a good one.
Seems to be a logical one. There is nothing
wrong with the message that is being taught.
5133
What we are trying to do is kill the messenger
because we don't like the message that they
are giving. There are a lot of messengers out
there that we don't necessarily agree with all
of the time. If we killed them all we
wouldn't have any messengers out there.
The key thing here is we have a
piece of legislation, and Senator Maziarz is
to be congratulated for bringing it forward,
that promotes safety in schools, which
promotes safety for children when it deals
with guns. Are we forcing the school
districts to do anything? Absolutely not. We
are not forcing them to do a single thing. We
are giving them an option. It is an opt in
program. The DEC, in conjunction with the
State Education Department can develop a
program.
We complained about Eddie Eagle.
Senator Johnson raised the point before, if
you look at some of the states, Alabama,
Alaska, California, Delaware, Florida under
Lawton Childs by the say, Georgia,
Pennsylvania, Idaho, all -- Indiana, Iowa,
Kansas, Kentucky, Vermont, Mississippi,
5134
Nebraska, Nevada, New Hampshire, Christie Todd
Whitman of New Jersey, New Mexico, North
Carolina, Ohio, I mean, Pennsylvania, go on
and on and on. There are three pages of
states here, each on of which is commemorating
or commending the Eddie Eagle Program as a
special program going back to 1994, earlier
times. This is not a brand new program that
is only just started. The program has been
out there.
Is there a situation where teaching
a group of kids might not have worked out the
way we should have like it? Well perhaps
there is. Gee, I'm shocked to hear that there
is good teaching and bad teaching. Sometimes
it works and sometimes it doesn't.
We also heard a statement from
Senator Maziarz where you had a teaching
experience where you had a program where it
worked, where it did the thing it was supposed
to do.
This is an educational program to
teach children that guns are dangerous, to
carefully deal with them, don't handle them in
an irresponsible manner and seek an adult.
5135
Don't play with this firearm because fire arms
are dangerous.
Should the blanks be filled in by
the adult who is teaching the program?
Absolutely, because every word that we would
like to hear is not mentioned in a lesson
plan, which is basically what this program is,
I have some expertise in developing lesson
plans. I would be happy to share that with
some of my colleagues. You don't put down
every word. It is a shorthand format. It is
expected that the understands that guns are
dangerous and that firearms are to be handled
with care, and they should not be placed in
the hands of small children.
When are we going to stop getting
off this label kick and get on to something
that is real. You have got a gun safety
program here. Isn't it about time we said
yes, we want to promote gun safety. We want
to promote that especially with our small
children.
I went before a PTA group in my
district. My district is not exactly the most
conservative that you might find. The issue
5136
of Columbine was raised and how are we going
to protect our children, Senator. You know
what happened? The person who raised this
said, shouldn't we ban all guns. We should
just ban all guns was the comment.
And before I could say anything the
people in the room, one after another got up
and said, you know, that's not right. My
husband is a hunter. My wife likes to shoot
targets. My neighbors use guns. They care
for them. They treat them carefully. They
train their children and they train mine. One
after another of the women and the people and
the men in that room, the PTA members, rose up
and said basically we don't want that Second
Amendment right banned. We don't want to take
it away. But we do think a good safety
program should be implemented and kids should
be taught the dangers of mishandling and
abusing firearms. This program does that. It
is not even mandated program. We are not
mandating Eddie Eagle. It is just an example
of the kind of program we want, and I don't
think the DEC is so stupid or the bureaucrats
that live there and work there are so dumb
5137
that they can not figure it out. Shame on you
if your trying to sell out people that work
there that they wouldn't know that we don't
really mean this, that some how they are going
to go out and say, gee whiz, we have to do
this because it was mentioned a couple times
in a bill. That is silly, it is absolutely
silly, and it is disingenuous to do that.
This bill should pass. It is a
safety bill. It does what we all say we want
to do; promote gun and firearm safety. Lets
pass this bill.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
I guess I am astounded. I told
John Marchi on my way in that -- I yield the
floor back.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, could we read the last section and
call the roll call for Senator Stafford,
please?
5138
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
July.
SENATOR MCGEE: Call the roll.
(The Secretary called the roll.)
SENATOR STAFFORD: Aye. Thank
you, Senator Dollinger again for your
graciousness. Aye.
ACTING PRESIDENT MCGEE: Close
the roll. Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
I couldn't help but sit here when
Senator Marchi walked by and remind him that
this isn't the only time that te phrase NRA
and eagle have been united as he and I
recalled in our little history lesson, the
National Recovery Act was associated with an
eagle. Those of you who may recall, the
United States Supreme Court put the kibosh on
the eagle of the NRA when it declared the
National Recovery Act unconstitutional in
1935.
5139
I rise today, Madam President,
actually in a quandary because I read Senator
Maziarz bill as not being a mandate for Eddie
Eagle. It doesn't say that we have to do
Eddie Eagle. It does not say that the only
message you would teach kids is to don't
touch, leave the area. It does not provide an
exclusive mandate to school districts anywhere
in this state. But I am intrigued by the
debate on this issue, Madam President, and it
influences my choice as to how to vote.
I heard Senator Hoffmann talk about
firearms, and I understand the lingo of fire
arms. Firearms are produced for all kinds of
reasons. The problem is that in the hands of
a child it is not a firearm any more. Too
often it becomes a weapon.
Those of us who represent
communities in which there is an abundance of
weapons, and unfortunately, again, Senator
Hoffmann, your absolutely correct. Those
weapons, many, many, many, many, if not most
responsible gun owners keep them under lock
and key, which is a where they belong. The
problem is as Senator Schneiderman quotes the
5140
Johns Hopkins study that says that 59 percent
of the people who have weapons in this
country, and I would acknowledge that they may
not be the responsible gun owners, but 59
percent of the people in this country don't
keep of firearms under lock and key.
So the danger is that too many of
these firearms, which have legitimate purposes
in the hands of an adult, either protection or
hunting or target shooting, can too easily
become weapons. And that is really what this
debate is all about.
I'm going to vote no, Madam
President on this bill, because I believe
that, and unfortunately, this will be the only
debate that we will have about gun safety this
session the trigger locks bill, the child
access prevention act which would require
trigger locks on weapons, which would go a
long way to telling children that they could
not use weapons, they couldn't convert a
firearm into a weapon because they would need
to be able to break through the trigger lock,
we won't be able to debate and pass that bill
on this floor. We won't be able to restrict
5141
access to other weapons like assault weapons,
military style assault weapons, which in my
judgment, whether they are in the hands of an
eight year old or seventeen or a 37 year old,
they are dangerous weapons. We won't have
that debate either.
I am doing it for one other reason.
There was a little boy in Rochester, New York,
who is nine years old whose name was Larou
Naysmith [phonetic]. He was killed by a weapon
wielded by a seven year old friend. He needs
education about weapon. He needs a program of
education. I won't even deny that he might
have benefited from Eddie Eagle. But it seems
to me that we have to do something, more and I
would just suggest that this debate about
educating our children is critically important
but we need to do more.
I guess I come back to the old saw
that has some continuing pertinence to this
debate, that old line about a bird in the hand
is worth two in the bush. In this case the
bird in the hand, if it is Eddie Eagle, is not
worth the two in the bush, and I would just
suggest that in this case we have the wrong
5142
bird.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
July.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT McGEE: Senator
Schneiderman to explain his vote.
SENATOR PATERSON: Slow roll
call.
ACTING PRESIDENT McGEE: I see five
standing.
The Secretary will call the roll.
Ring the bells, please.
THE SECRETARY: Senator Alesi.
SENATOR ALESI: Yes.
THE SECRETARY: Senator Balboni.
(No response.)
THE SECRETARY: Senator Bonacic.
SENATOR BONACIC: Yes.
THE SECRETARY: Senate Breslin.
(No response.)
5143
THE SECRETARY: Senator Bruno.
(No response.)
THE SECRETARY: Senator Connor.
(No response.)
THE SECRETARY: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Yes.
THE SECRETARY: Senator
Dollinger.
SENATOR DOLLINGER: No.
THE SECRETARY: Senator Duane.
SENATOR DUANE: No.
THE SECRETARY: Senator Farley.
SENATOR FARLEY: Aye.
THE SECRETARY: Senator
Fuschillo.
SENATOR FUSCHILLO: Yes.
THE SECRETARY: Senator Gentile.
(No response.)
THE SECRETARY: Senator Gonzalez.
SENATOR GONZALEZ: Yes.
THE SECRETARY: Senator Goodman.
(No response.)
THE SECRETARY: Senator Hannon.
(No response.)
5144
THE SECRETARY: Senator Hevesi.
SENATOR HEVESI: No.
THE SECRETARY: Senator Hoffmann.
SENATOR HOFFMANN: Yes.
THE SECRETARY: Senator Johnson
voted in the affirmative earlier today.
Senator Kruger.
SENATOR KRUGER: No.
THE SECRETARY: Senator Kuhl.
SENATOR KUHL: Yes.
THE SECRETARY: Senator Lachman.
SENATOR LACHMAN: No.
THE SECRETARY: Senator Lack.
SENATOR LACK: Aye.
THE SECRETARY: Senator Larkin
voted in the affirmative earlier today.
Senator LaValle.
SENATOR LAVALLE: Aye.
THE SECRETARY: Senator Leibell.
SENATOR LEIBELL: Yes.
THE SECRETARY: Senator Libous.
(No response.)
THE SECRETARY: Senator Maltese.
SENATOR MALTESE: Aye.
THE SECRETARY: Senator
5145
Marcellino.
SENATOR MARCELLINO: Aye.
THE SECRETARY: Senator Marchi.
SENATOR MARCHI: Madam President,
may I explain my vote?
THE PRESIDENT: Senator Marchi to
explain your vote.
SENATOR MARCHI: We have had a
brilliant exposition by Senator Maziarz and he
cited his references to the material put out
by the Attorney General of the United States.
Senator Marcellino fleshed it out
with the actual experience that goes and what
the act specifically aims to do. We ought to
concentrate on the target area. This is not
represented to be the answer to all of the
myriad problems that surround this subject on
a million different fronts. And the target is
to promote firearm accident prevention for
children in prekindergarten through the sixth
grade by a program of firearm safety
instruction. These are preschool. These are
pre-high school, not even out of the secondary
school yet, being involved in an accident.
And this bill was represented in
5146
good faith by a majority member of this house
as the main sponsor. By a majority member of
the Assembly. And I am sure there are a dozen
different answer or dozens of different
answers to attack this problem on a general
basis, but there they passed it by 150 to
nothing. Everybody agreed that when you point
to the target, the special target of
prevention of accidents and stripping out all
of the ancillary material that is important
and perhaps we should at some point be
addressing in different ways and hopefully in
a rational consensus, everyone seems to be in
agreement.
Now, it would seem that this should
appeal to great number of people on both sides
of the aisle and I would hope that it is
manifest. It does what it aims to do. It
does not solve problems that are not in the
cross hairs of a target. And then we also
have the information given to us that so many
other states have followed the same path. All
of these states probably the forum for a
conflict of views on the subject.
So because it is so aimed so
5147
specifically well and answers that question so
well, I vote aye.
ACTING PRESIDENT McGEE: Senator
Marchi will be marked in the affirmative.
The Secretary will continue the
roll.
THE SECRETARY: Senator
Markowitz.
ACTING PRESIDENT McGEE: Senator
Markowitz to explain your vote.
SENATOR MARKOWITZ: Thank you,
very much, Madam President.
Senator Marchi, it is a delight to
hear you compare the Senate to the Assembly.
Obviously when you agree with the opinions of
the Assembly they are brought in as example
and when we disagree with them then the Senate
charts their own course, but I understand
that.
On this particular issue, listen,
all of us here have a genuine desire to
prevent firearms abuse by young people. I
don't think anyone arguing here today is
saying in any manner shape or form that
anyone, even you, Senator, feel anything other
5148
than a hundred percent sincerity. I think the
issue is, can we do better. Other states may
have adopted this, but can we do better? Are
there other approaches that we can take to
really drive home the point to families that
own firearms.
Now, I heard a Senator mention
before cartoon characters and not all cartoon
characters send the right message. I think we
all agree on that. Some of question this
characterization that there might be some
other aims that are involved with this
organization that some of us believe do not
have the public good in my mind. I think that
cartoon character by the name of Joe Camel.
Certainly that Senator who mentioned that
before and others here certainly remember the
cartoon character of Joe Camel. Now certainly
we know what the alternative -- the ulterior
motive was of that particular company in that
particular cartoon. So lets look at this very
carefully. Lets all agree that there is a
real problem with too many of our kids getting
hold of guns whether they are from good
families or families that have real challenges
5149
within the family units, we have to somehow
seek out ways to maximize what we all
sincerely belief in this chamber.
And so I have no doubt that this is
going to pass today. We know that. But we
also know that there will be another day and
perhaps we can bring forward a plan that works
far more effectively in achieving what all of
us really do want to achieve, and, therefore,
Senator Maziarz, I'm sorry, I vote no.
ACTING PRESIDENT McGEE: Senator
Markowitz will be recorded in the negative.
The clerk will call the roll.
THE SECRETARY: Senator Maziarz.
SENATOR MAZIARZ: Madam
President, to explain my vote.
ACTING PRESIDENT McGEE: Senator
Maziarz, to explain your vote.
SENATOR MAZIARZ: First of all
let me say that I accept Senator Markowitz's
apology for voting in the negative.
Madam President, after this great
debate I just wanted to point out a few things
that have been mentioned several times that
the Assembly passed this same bill
5150
unanimously. Speaker Silver, who I am sure
Senator Schneiderman would agree is very
focused and a very intelligent person, very
well meaning, voted in favor of this
legislation. Assemblyman Grannis, Gottfried,
Sullivan, et cetera. I am sure, in fact I know
that Senator Schneiderman's representative in
the New York State Assembly, and I don't know
who that is, voted in favor of this
legislation.
Senator Paterson's representative
in the New York State Assembly voted in favor
of this legislation. And I garner from
reading the New York Times today that Senator
Paterson may be interested in running for
another office. Perhaps he may consider
running for the Assembly.
Madam President, my learned
colleague and good friend Senator Goodman
point out about using a cartoon character. I
think Senator Hoffmann very appropriately
pointed out that cartoon characters are used
all of the time for educational purposes and
she pointed out the example of Smoky the Bear.
I thought it was an excellent example.
5151
There are, as I believe Senator
Dollinger pointed out, other approaches, and
Senator Markowitz. And this bill provides for
those other approaches to be used, Madam
President.
I want to end my part of this
debate by reading from an editorial that was
in yesterday's Buffalo News in talking about
this particular piece of legislation, and it
states that, "Antipathy for the gun group,
that is the NRA, should not be allowed to get
in the way of a sensible bill unanimously
passed by the Assembly to offer school
districts a gun safety program for elementary
school students. The bill, sponsored by
Assemblyman Joseph Robach, Democrat of
Rochester, has a simple aim. Teach kids to
stay away from guns and to immediately alter
an adult when they stumble across one. It is
designed to prevent the tragedies that often
result when a kid finds a gun that an adult
thought was well hidden. Robach's bill offers
a way to do that. It is a common sense
approach to a societal problem that needn't
get bogged down with the politics of bashing
5152
the NRA."
I agree with that editorial, Madam
President. I agree with many of the things
that were said by my colleagues on both sides
of the isle here today, and I vote in the
affirmative.
Thank you.
ACTING PRESIDENT McGEE: Senator
Maziarz will be recorded in the affirmative.
The Secretary will call the roll.
THE SECRETARY: Senator McGee.
SENATOR McGEE: Yes.
THE SECRETARY: Senator Meier.
SENATOR MEIER: Yes.
THE SECRETARY: Senator Mendez.
(No response.)
THE SECRETARY: Senator
Montgomery.
(No response.)
THE SECRETARY: Senator Morahan.
SENATOR MORAHAN: To explain my
vote.
ACTING PRESIDENT McGEE: Senator
Morahan, to explain his vote.
SENATOR MORAHAN: Thank you,
5153
Madam President.
I heard a lot of statements here
today. Everyone in the chamber is for gun
safety. Everyone in the chamber is out to
protect our children. And yet when an
opportunity comes today those two things we
have a divided house.
Someone suggested that we can do
better and I agree we can do better. But do
we wait to do better? Do we deny these
children the opportunity for gun safety until
we devise something better? Or do we start
now with the first step.
The Joe Camel reference really
boggles my mind when you consider the
explanation of why that was brought into this
debate, as to sell cigarettes, we believe this
program is to do what? Sell guns to
kindergarten children? Children in the sixth
grade? This is not a selling tool. This is a
safety tool.
I am really outraged, outraged that
this body would be divided on an issue so
vital to our children.
I have 17 grandchildren, most of
5154
them in every school district in my county.
And I want them to have this sort of program.
There are no guns in our households. We are
not gun people. It amazes me that this sort
of program is not in the schools already. If
you see a grenade, stop. If you see a knife,
stop. If you see a can of lye. It seems to me
all the same. It is safety for kids and we
ought to vote in the affirmative.
Thank you. I cast my vote in the
affirmative, Madam Chairman.
ACTING PRESIDENT McGEE: Senator
Morahan will be recorded in the affirmative.
The Secretary will call the roll.
THE SECRETARY: Senator Nanula
recorded in the negative earlier today.
Senator Nozzolio.
SENATOR NOZZOLIO: Aye.
THE SECRETARY: Senator Onorato.
SENATOR ONORATO: Aye.
THE SECRETARY: Senator
Oppenheimer.
SENATOR OPPENHEIMER: To explain
my vote.
ACTING PRESIDENT McGEE: Senator
5155
Oppenheimer to explain your vote.
SENATOR OPPENHEIMER: I hear a
lot of people saying that this is a first step
and a beginning on the route to safety.
I think this is a first step that
is just totally inadequate and much too small
a response. We can not seem to get the
necessary legislation up on the floor because
the NRA doesn't seem to want to have us
entertain this legislation. The legislation
that would prevent youngsters from playing
with guns, picking up guns, killing each other
with guns, is safety locks on guns that adults
have the keys to and that no child could get
to the gun without the key. And that is what
is needed here, not this first step which I
think is a totally inadequate step.
We have legislation, which I
co-sponsored, which talks about gun locks. We
have legislation which I sponsored which
concerns banning assault weapons. This is
what is needed. This is just too small a
step.
I vote no.
ACTING PRESIDENT McGEE: Senator
5156
Oppenheimer, recorded in the negative.
The Secretary will call the roll.
THE SECRETARY: Senator Padavan.
SENATOR PADAVAN: Yes.
THE SECRETARY: Senator Paterson.
ACTING PRESIDENT McGEE: Senator
Paterson to explain his vote.
SENATOR PATERSON: Madam
President, I think I'm going to vote no, but I
almost changed my mind when it just came to my
attention that Eddie Eagle shot Joe Camel.
ACTING PRESIDENT McGEE: Thank you
for sharing that with us.
SENATOR PATERSON: If it had not
come from Senator Volker, Madam President, I
would have voted for this bill.
Madam President, I vote no.
ACTING PRESIDENT McGEE: Senator
Paterson recorded in the negative.
The Secretary will call the roll.
THE SECRETARY: Senator Rath.
SENATOR RATH: Aye.
THE SECRETARY: Senator Rosado.
SENATOR ROSADO: Yes.
THE SECRETARY: Senator Saland.
5157
SENATOR SALAND: Aye.
THE SECRETARY: Senator Sampson,
excused.
Senator Santiago.
SENATOR SANTIAGO: No.
THE SECRETARY: Senator
Schneiderman.
ACTING PRESIDENT McGEE: Senator
Schneiderman to explain his vote.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
I appreciate the honest concerns of
many who have spoken today. I have had the
opportunity to speak about this legislation
with Senator Maziarz before the debate and I
hope we'll be able to speak of this issue
further. I think though it is really -- we
should not be kidding ourselves in what we are
doing in voting for this particular bill.
School districts can teach gun
safety curricula now. Many school districts
do teach gun safety. The United Federation of
Teachers has worked with school districts in
New York City to develop a version of the
Straight Talk About Risk Program, the Star
5158
Program, which is used in many New York City
schools right now.
What this bill does is mandates for
the first time that the state will be the
business of choosing some sort of gun safety
materials and distributing them to any school
district that requests gun safety materials.
And I think with all due respect for my
colleagues, when you all voted no on the
amendment that would leave this bill the same
and strip Eddie Eagle out and then voted for a
bill that refers repeatedly to Eddie Eagle, it
is very clear, if I was working in the
Department of Environmental Conservation, what
the legislative intent was.
You can't go wrong if you make
Eddie Eagle materials available to the school
districts around the state, but you might get
in trouble if you do something else.
I think that is what we are doing.
I think that we are putting the curriculum on
gun safety in the hands of the NRA. I'm not
someone who never shot. I'm not someone who
never owned a gun. I have owned guns and, you
know, I don't have a gun now and I am glad I
5159
don't. I think that we would all be better
off if those of us who like guns and know how
to shoot guns left them at home in the same
sense we are better off that if those of us
who like to drive fast adhere to the speed
limit.
I think that the analogy to Joe
Camel is right on. In fact, Senator Markowitz
mentioned this on his own, there is a report
from the Violence Policy Center that has
looked in detail at Eddie Eagle and has that
has entitled its report, Joe Camel with
feathers. That is what Eddie Eagle is. That
is what we are voting for today. I am very
disappointed. I vote no.
ACTING PRESIDENT McGEE: Senator
Schneiderman will be recorded in the negative.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT McGEE: There will
be an immediate meeting of the Rules Committee
in the Majority Conference Room.
5160
The clerk will call the roll.
THE SECRETARY: Senate Seabrook.
SENATOR SEABROOK: No.
THE SECRETARY: Senator Seward.
SENATOR SEWARD: Yes.
THE SECRETARY: Senator Skelos
voting in the affirmative earlier today.
Senator Smith voting in the
negative earlier today.
Senator Spano.
SENATOR SPANO: Aye.
THE SECRETARY: Senator
Stachowski voting in the affirmative earlier
today.
Senator Stafford voting in the
affirmative earlier today.
Senator Stavisky excused.
Senator Velella voting in the
affirmative earlier today. Senator Volker
voting in the affirmative earlier today.
THE SECRETARY: Senator Waldon.
SENATOR WALDON: Aye.
THE SECRETARY: Senator Wright.
SENATOR WRIGHT: Aye.
ACTING PRESIDENT McGEE: The
5161
Secretary will call the absentees.
THE SECRETARY: Senator Balboni.
ACTING PRESIDENT McGEE: Senator
Balboni to explain his vote.
SENATOR BALBONI: Madam
President, when this bill came to the floor I
had several conversations with members in the
chamber and I was going to -- I had decided I
would listen to the debate and try to make up
my mind as the debate developed. And as so
often times happens, arguments are proffered
on both sides, and what I have come to realize
is this is a very easy issue to get caught up
in the hype and the hysteria. This is an easy
issue in which to try to make political
points.
The truth is, nobody has an answer
to violence. Nobody has the way to cure all
of the ills. To demonize a particular program
because of a reference or association with a
particular group of people is the worst case
of politics.
This is a bill about safety. This
is a bill that school districts can decide to
accept or choose another program. And
5162
whatever cause we think may have contributed
to Columbine and all of the other incidents,
we should not try to stop any particular issue
simply because we don't like the people who
sponsor part of it. That is a disservice to
the ones we love the most, our families.
I vote aye.
ACTING PRESIDENT McGEE: Senator
Balboni will be recorded in the affirmative.
Senator Trunzo.
SENATOR TRUNZO: Yes.
ACTING PRESIDENT McGEE: The
Secretary will continue to call the roll.
THE SECRETARY: Senator Breslin.
(No response.)
THE SECRETARY: Senator Gentile.
(No response.)
THE SECRETARY: Senator Goodman.
SENATOR GOODMAN: No.
THE SECRETARY: Senator Hannon.
(No response.)
THE SECRETARY: Senate Libous.
(No response.)
THE SECRETARY: Senator Mendez.
(No response.)
5163
THE SECRETARY: Senator
Montgomery.
(No response.)
ACTING PRESIDENT McGEE: The
Secretary will announce the results.
THE SECRETARY: Ayes 38, nays 15.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, will you please recognize Senator
Balboni, please.
ACTING PRESIDENT McGEE: Senator
Balboni.
SENATOR BALBONI: Yes, Madam
President, on a day when we have been so
serious in all of our work I thought we would
pause just for a light moment.
Today is the birthday of a
gentleman who truly exemplifies the problems
associated with the current lack of pay. If
you take a look at Senator John Bonacic's
suit, he can no longer afford lapels. He
turned the ripe age of fifty-something today
and I just thought I would mention that for
5164
the benefit of the body.
Congratulations, John.
ACTING PRESIDENT McGEE: Thank you,
Senator Balboni. Happy birthday to Senator
Bonacic.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, will you take the non-controversial
reading of the supplemental number two active
list today, starting with Calender Number
1321, please?
ACTING PRESIDENT McGEE: The clerk
will call Calendar Number 1321.
Senator Seabrook.
SENATOR SEABROOK: Madam
President, with unanimous consent I would like
to recorded in the negative on Calendar 413.
ACTING PRESIDENT McGEE: Without
objection you will be so recorded.
The Secretary will read.
THE SECRETARY: Calendar Number
1321, by Senator Velella, Senate Print 34-B,
an act to amend the Insurance Law.
ACTING PRESIDENT McGEE: Read the
last section.
5165
THE SECRETARY: Sections 4. This
act shall take effect in 90 days.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1322, by Senator Johnson, Senate Print 2000-B,
an act to amend the Transportation Law and the
State Finance Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
SENATOR PATERSON: Lay the bill
aside.
ACTING PRESIDENT McGEE: Lay the
bill aside.
THE SECRETARY: Calendar Number
1323, by Senator Stachowski, Senate Print
2264, an act directing the commissioner of the
Division of Criminal Justice.
ACTING PRESIDENT McGEE: Read the
5166
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 58, nays
one. Senator Duane recorded in the negative.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1325, by Senator Oppenheimer, Senate Print
2928, an act to amend the Public Housing Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1326, by Senator Saland, Senate Print 3019-A,
5167
an act authorizing the reopening of the 20
year retirement plan to Police Officer Mark J.
Thomas.
ACTING PRESIDENT McGEE: There is a
home rule at the desk. Please read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1327, by Senator LaValle, Senate Print 3183-A,
an act to amend the Public Authorities Law.
ACTING PRESIDENT McGEE: There is a
home rule ruling at the desk. Please read the
last section.
THE SECRETARY: Section 3. This
act shall take effect in 120 days.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
5168
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1328, by Senator Seward, Senate Print 3490-A,
an act to amend the Insurance Law.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1329, by Senator Hannon, Senate Print 3870-A,
an act to amend the General Business Law.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT McGEE: Lay the
bill aside.
THE SECRETARY: Calendar Number
5169
1330, by Senator Nozzolio, Senate Print 4166,
an act to permit the reopening of the optional
20 year retirement plan.
ACTING PRESIDENT McGEE: A home
rule is at the desk. Read the last section.
THE SECRETARY: Sections 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1331, by Senator Trunzo, Senate Print 4238-B
an act authorizing the County of Suffolk to
discontinue the use of certain lands.
ACTING PRESIDENT McGEE: Home rule
is at the desk, read the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
5170
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1332, by Senator Marcellino, Senate Print
4388-B, an act in relation to authorizing
Suffolk County to discontinue as park lands.
ACTING PRESIDENT McGEE: Home rule
is at the desk. Read the last section.
THE SECRETARY: Sections 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1334, by Senator Marchi, Senate Print 4459, an
act to amend the Not-for-Profit Corporation
Law.
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT McGEE: Lay the
bill aside.
THE SECRETARY: Calendar Number
1335, by Senator Spano, Senate Print 4467-A,
5171
an act to amend the Labor Law.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT McGEE: Lay the
bill aside.
THE SECRETARY: Calendar Number
1336, by Senator Fuschillo, Senate Print
4745-A, an act directing the transfer of
certain parcel of real property.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1337, by Senator Skelos, Senate Print 4771, an
act authorizing the transfer of John Roll into
the optional 20 year retirement plan.
ACTING PRESIDENT McGEE: Home rule
5172
is at the desk. Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
1338, by the Assembly Committee on Rules,
Assembly Print 7965, substituted earlier
today, an act to amend Chapter 884 of the Laws
of 1990.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Fuschillo.
5173
SENATOR FUSCHILLO: Madam
President, can we turn to reports of the
standing committees. I believe there is a
committee report at the desk.
ACTING PRESIDENT McGEE: Reports of
standing committees. There is a report of the
Rules Committee at the desk.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules reports the
following bills:
Senate Print 664-B, by Senator
Goodman, an act to amend Environmental
Conservation Law;
1048-A, Senator Padavan, an act to
amend the Vehicle and Traffic Law;
1324-A, by Senator Marcellino, an
act to amend the Tax Law;
1463-A, by Senator Hevesi, an act
to amend a Tax Law;
1539, by Senator Farley, an act to
amend the Public Health Law;
1562, by Senator Nozzolio, an act
to amend the Highway Law;
2731, by Senator Kuhl, an act to
5174
amend the Tax Law;
4128, by Senator Fuschillo, an act
to amend the Domestic Relations Law;
5690, by Senator Maziarz, an act to
amend the Town Law and the Public Officers
Law;
5735-A, by Senator Spano, an act to
amend the Labor Law;
5742-A, by Senator Maltese, an act
to amend Chapter 164 of the Laws of 1907;
5759, by Senator Larkin, an act to
permit the sale or lease;
5794, by Senator Morahan, an act
authorizing the Commissioner of General
Services;
5837, by Senator Meier, an act to
amend the Social Services Law; and
5845, by Senator Meier, an act to
amend Chapter 906 of the Laws of 1984.
All bills ordered direct for third
reading.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, I move to accept the report,
5175
please.
ACTING PRESIDENT McGEE: All in
favor of accepting the report of the Committee
on Rules, say aye.
(Response of "Aye".)
ACTING PRESIDENT McGEE: Opposed
nay.
(No response.)
ACTING PRESIDENT McGEE: The report
is accepted. Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, will you please call up Senate
Number 664-B, please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
1360, by Senator Goodman, Senate Print 664-B,
an act to amend the Environmental Conservation
Law, in relation to the poisoning of pigeons.
ACTING PRESIDENT McGEE: Read the
last section.
SENATOR STACHOWSKI: Explanation,
please.
ACTING PRESIDENT McGEE: Senator
Goodman, an explanation has been requested.
5176
SENATOR GOODMAN: Tonight is a
night for aviaries and bird lovers. We just
had a three hour discussion of eagles, and now
let us turn to the problem of pigeons.
Who asked for an explanation of
this?
ACTING PRESIDENT McGEE: Senator
Stachowski.
SENATOR GOODMAN: Thanks, Bill.
I'm so glad you did.
SENATOR STACHOWSKI: One.
SENATOR GOODMAN: One word?
SENATOR STACHOWSKI: One
question.
SENATOR GOODMAN: One question.
Would you like to ask a question, maybe we
will save some time.
SENATOR STACHOWSKI: Madam
President, would the Senator yield for a
question?
ACTING PRESIDENT McGEE: Senator
Goodman, will you yield to a question?
SENATOR GOODMAN: Yes, I will,
Madam President.
SENATOR STACHOWSKI: In Rules the
5177
question came up and nobody could answer and
maybe you can. What is 4-amino pyridine?
SENATOR GOODMAN: It is a
chemical called Avitrol, and when you ingest
Avitrol you go kookoo and go around in 100,000
circles and drop dead.
SENATOR STACHOWSKI: Thank you,
very much.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Fuschillo.
SENATOR FUSCHILLO: Is there any
housekeeping at the desk?
ACTING PRESIDENT McGEE: Yes, there
is, Senator.
Senator Meier.
SENATOR MEIER: Madam President,
5178
on behalf of Senator Marchi, I move to amend
Senate Bill Number 3620-B, by striking out the
amendments made on June 11th and restoring it
to its previous Print Number 3620-A.
ACTING PRESIDENT McGEE: So
ordered.
Senator Meier.
SENATOR MEIER: Thank you,
President.
I request that you now call that
bill up, Number 3625.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
625, by Member of the Assembly Tokasz,
Assembly Print 4736, an act to amend the Town
Law and others.
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Madam President,
I now move to reconsider the vote by which
this Assembly bill was substituted for Senator
LaValle's bill, Senate Print Number 2657, on
May 11th.
ACTING PRESIDENT McGEE: The
5179
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes 59.
ACTING PRESIDENT McGEE: Senator
Meier.
SENATOR MEIER: Madam President,
I now move that Assembly Bill Number 4736, be
recommitted to the Committee on Rules and that
the Senate bill be restored to the order of
Third Reading Calendar.
THE PRESIDENT: So ordered.
SENATOR MEIER: And I offer the
following amendments; on page 22, Calender
Number 625, Senate Print Number 2657, and ask
that said bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT McGEE: Amendments
are received. The bill will retain its place
on the Third Reading Calendar.
Senator Fuschillo.
SENATOR FUSCHILLO: Madam
President, is there anything else at the desk.
ACTING PRESIDENT McGEE: We are
clean.
5180
SENATOR FUSCHILLO: There being
no further business, I move we adjourn.
Madam President, will you recognize
Senator Hevesi, please.
SENATOR HEVESI: My apologies,
Senator Fuschillo.
Madam President, I request
unanimous consent to be recorded in the
negative on Calendar Number 413.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR HEVESI: Thank you.
ACTING PRESIDENT McGEE: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, there being no further business I
move we adjourn until Tuesday, June 15th at
11:00 a.m.
ACTING PRESIDENT McGEE: On motion,
the Senate stands adjourned until Tuesday June
15th, at 11:00 a.m.
(Whereupon, at 7:33 p.m., the
Senate adjourned.)