Regular Session - March 14, 2000
1261
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 14, 2000
3:05 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT MEIER: The
Senate will come to order.
Will everyone present please rise
and repeat with me the Pledge of Allegiance to
the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: In the
absence of clergy, may we now bow our heads in
a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, March 13th, the Senate met pursuant to
adjournment. The Journal of Friday,
March 10th, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT MEIER: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
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Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Larkin,
from the Committee on Racing, Gaming and
Wagering, reports:
Senate Print 3035A, by Senator
Larkin, an act to amend the General Municipal
Law;
4489, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
5705A, by Senator Larkin, an act to
amend the General Municipal Law;
And 5709, by Senator Larkin, an act
to amend the Racing, Pari-Mutuel Wagering and
Breeding Law.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Aging Committee in the Majority Conference
Room.
ACTING PRESIDENT MEIER: There
will be an immediate meeting of the Aging
1264
Committee in the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Senator Padavan,
from the Committee on Cities, reports:
Senate Print 3117A, by Senator
Spano, an act to amend the Administrative Code
of the City of New York;
6464, by Senator McGee, an act to
amend the General City Law and the Village
Law;
And 6590, by Senator Volker, an act
in relation to the construction of new
educational facilities in the City of Buffalo.
Senator Volker, from the Committee
on Codes, reports:
Senate Print 100, by Senator
Volker, an act to amend the Penal Law;
181, by Senator Alesi, an act to
amend the Penal Law;
636A, by Senator Nozzolio, an act
to amend the Penal Law;
729, by Senator Volker, an act to
amend the Penal Law;
824, by Senator Marcellino, an act
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to amend the Penal Law;
922, by Senator Meier, an act to
amend the Penal Law;
1022, by Senator Skelos, an act to
amend the Civil Practice Law and Rules;
1047, by Senator Padavan, an act to
amend the Penal Law;
1223, by Senator Wright, an act to
amend the Penal Law;
1259, by Senator Spano, an act to
amend the Penal Law;
1518, by Senator Velella, an act to
amend the Penal Law;
1564, by Senator Padavan, an act to
amend the Penal Law;
1778, by Senator Trunzo, an act to
amend the Penal Law;
1962A, by Senator Johnson, an act
to amend the Penal Law;
2096, by Senator Libous, an act to
amend the Penal Law;
2247, by Senator Lack, an act to
amend the Penal Law;
2267, by Senator Balboni, an act to
amend the Penal Law;
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2401, by Senator Johnson, an act to
amend the Penal Law;
2413, by Senator Velella, an act to
amend the Penal Law;
2936, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
3106A, by Senator Volker, an act to
amend the Penal Law;
3230, by Senator DeFrancisco, an
act to amend the Civil Practice Law and Rules;
3508, by Senator Volker, an act to
amend the Civil Practice Law and Rules;
4210, by Senator Fuschillo, an act
to amend the Penal Law;
4355B, by Senator Wright, an act to
amend the Penal Law;
4529, by Senator Leibell, an act to
amend the Penal Law;
5074A, by Senator Skelos, an act to
amend the Civil Rights Law;
5605, by Senator Balboni, an act to
amend the Penal Law;
5606, by Senator Rath, an act to
amend the Penal Law;
And 6267, by Senator Meier, an act
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to amend the Criminal Procedure Law.
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Print 84A, by Senator Alesi,
an act to amend the Vehicle and Traffic Law
and the Insurance Law;
1103, by Senator Goodman, an act to
amend the Transportation Law;
1180, by Senator Marchi, an act to
amend the Public Authorities Law;
3245, by Senator Kuhl, an act to
amend the Vehicle and Traffic Law;
And 4247, by Senator Trunzo, an act
to amend the Vehicle and Traffic Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Rath.
SENATOR RATH: Mr. President, on
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page 24 I offer the following amendments to
Calendar 357, Senate Print 1824, and ask that
said bill retain its place on Third Reading
Calendar, on behalf of Senator Kuhl.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Skelos, we have two
substitutions. Should we read those now?
SENATOR SKELOS: Please make the
substitutions.
ACTING PRESIDENT MEIER: The
Secretary will read the substitutions.
THE SECRETARY: On page 23,
Senator Marchi moves to discharge, from the
Committee on Education, Assembly Bill Number
2845C and substitute it for the identical
Senate Bill Number 1639C, Third Reading
Calendar 345.
ACTING PRESIDENT MEIER:
Substitution ordered.
THE SECRETARY: On page 27,
Senator Wright moves to discharge, from the
Committee on Energy and Telecommunications,
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Assembly Bill Number 9408 and substitute it
for the identical Senate Bill Number 6481,
Third Reading Calendar 393.
ACTING PRESIDENT MEIER:
Substitution ordered.
Senator Skelos.
SENATOR SKELOS: Mr. President,
may we please adopt the Resolution Calendar.
ACTING PRESIDENT MEIER: All
those in favor of adopting the Resolution
Calendar signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution, 3352, at the
desk, by Senator Morahan. May we please have
it read in its entirety and move for its
immediate adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
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THE SECRETARY: By Senator
Morahan, Legislative Resolution recognizing
the 50th anniversary of the Korean War, and
paying tribute to the valiant service
displayed by the members of the United States
Armed Forces.
"WHEREAS, Thousands of military
personnel from the great State of New York
have served their country faithfully and
courageously, with dedication and sacrifice,
and are due the praise and just recognition of
this Legislative Body for their role in
defense of our nation's liberty and freedom;
and
"WHEREAS, It is the intent of this
Legislative Body to recognize the 50th
anniversary of the Korean War, and to pay
tribute to the valiant service displayed by
the members of the United States Armed Forces;
and
"WHEREAS, On June 25, 1950,
Communist North Korea invaded South Korea with
approximately 135,000 troops, thereby
initiating the Korean War; and
"WHEREAS, In response to a June 27,
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1950, United Nations resolution calling for
assistance for the Republic of Korea,
President Harry S. Truman ordered American air
and naval forces activated and, on June 30,
1950, committed United States ground forces to
the Korean battle zone; and
"WHEREAS, Approximately 5,720,000
members of the Armed Forces served during the
Korean War, of which 482,000 were from New
York State, to defeat the spread of Communism
in Korea and throughout the world; and
"WHEREAS, At the conclusion of the
Korean War on July 27, 1953, casualties of the
United States included 54,260 dead, 92,134
wounded, and 8,176 listed as missing in action
or prisoners of war; and
"WHEREAS, It is the sense and
presence of this Legislative Body, acting on
behalf of the citizens of this Empire State,
to act now, with great respect and reverent
esteem, in honoring the members of the United
States Armed Services who have served their
state and nation so valiantly and honorably in
the defense of freedom and democracy during
the Korean conflict; now, therefore, be it
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"RESOLVED, That this Legislative
Body pause in its deliberations to recognize
the 50th anniversary of the Korean War, and to
pay tribute to the valiant service displayed
by the members of the United States Armed
Forces; renewing its tribute to the men and
women of New York State who served so
faithfully and courageously on behalf of their
state and nation; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the veterans service organizations of New
York State."
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
on the last resolution, Senator Morahan has
1273
consented to put all members on the
resolution. If anybody wishes not to sponsor
the resolution, they should notify the desk.
ACTING PRESIDENT MEIER: Everyone
will be added to the resolution, then, unless
they notify the desk to the contrary.
Senator Skelos.
SENATOR SKELOS: Mr. President,
there's a privileged resolution at the desk,
3351, by Senator Rath. May we please have the
title read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read the title.
THE SECRETARY: By Senator Rath,
Legislative Resolution 3351, memorializing the
Honorable Governor George E. Pataki to
designate March 2000 as "Women's History
Month" in the State of New York.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
1274
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: I believe
Senator Rath has consented to the resolution
being sponsored by all the members. If
anybody wishes not to sponsor it, they should
notify the desk.
ACTING PRESIDENT MEIER: All
right. Everyone's name will be added to the
resolution unless they notify the desk to the
contrary.
SENATOR SKELOS: Mr. President,
if we could take up the noncontroversial
calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
5, by Senator Fuschillo, Senate Print 4433, an
act to amend the State Finance Law and the
General Municipal Law, in relation to
permitting certain charitable and
not-for-profit agencies.
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ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
105, by Senator Wright, Senate Print 1479B, an
act to amend the Real Property Tax Law, in
relation to the real property tax exemption
for veterans.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
1276
THE SECRETARY: Calendar Number
163, by Senator Spano, Senate Print 4359, an
act to amend the Workers' Compensation Law, in
relation to providing for administrative
resolution procedure.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect in 120 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
168, by Senator Alesi, Senate Print 743A, an
act to amend the Penal Law, in relation to
endangering the welfare of a child.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
1277
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Mr. President,
there will be an immediate meeting of the
Children and Families Committee in the
Majority Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Children and Families
Committee in the Majority Conference Room.
The Secretary will continue to
read.
THE SECRETARY: Calendar Number
217, by Senator Larkin, Senate Print 6281, an
act to amend the Public Authorities Law, in
relation to and for the purpose of enabling
the Dormitory Authority to construct and
finance dormitories.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
1278
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
341, by Senator Marcellino, Senate Print
1326C, an act to amend the General Business
Law and the Public Health Law, in relation to
body piercing and tattooing.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
364, by Senator Marcellino, Senate Print 6729,
an act to amend the Public Health Law, in -
SENATOR DUANE: Explanation,
1279
please.
THE SECRETARY: -- relation to
prohibiting the sale -
SENATOR DUANE: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
bill aside.
THE SECRETARY: Calendar Number
381, by Senator McGee, Senate Print 6310, an
act to amend the Highway Law, in relation to
designating a portion of the state highway
system.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 49.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
382, by Senator Morahan -
SENATOR PATERSON: Lay it aside.
ACTING PRESIDENT MEIER: Lay the
1280
bill aside.
Senator Skelos, that completes the
noncontroversial calendar.
SENATOR SKELOS: Mr. President,
when the Children and Families Committee
meeting is concluded, we'll be calling a
meeting of the Local Governments Committee.
And if we could now go to the
controversial calendar.
ACTING PRESIDENT MEIER: All
right. Local Governments Committee meeting at
the conclusion of Children and Families.
The Secretary will read the
controversial calendar.
THE SECRETARY: Calendar Number
364, by Senator Marcellino, Senate Print 6729,
an act to amend the Public Health Law, in
relation to prohibiting the sale or
distribution of herbal cigarettes to minors.
SENATOR DUANE: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Marcellino, an explanation has been requested
of Calendar 364 by Senator Duane.
SENATOR MARCELLINO: Thank you,
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Mr. President.
Mr. President, this state and this
nation has just gone through a period of time
where we've made a great expenditure on trying
to convince adults and young people alike that
smoking is bad for you, it's dangerous to you,
it kills.
The health records, the evidence is
overwhelming that smoking does in fact cause
all kinds of diseases, at great expense -
emphysema, asthma, and a whole host of -- not
to mention lung cancer and a whole host of
other diseases that are related to it.
The cost is staggering: in the
billions and billions of dollars annually to
pay for medical care, to find a cure and help
take care of people who have come under the
influence.
Recently we've banned the ads using
the cartoon character Joe Camel because that
was probably the single most effective
advertising ploy that the cigarette companies
had in attracting teenage smokers. Teenage
smokers are the one category where smoking is
somewhat on the rise at this point in time.
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Recently one of my interns brought
to my attention the subject of herbal
cigarettes; quite frankly, something that I
was not familiar with at all until she brought
it to my attention. These are cigarettes -
and I've got an example in my hand, a pack
known as Ecstasy. This is fashioned after the
designer drug. It has a pretty picture on the
face of it of a butterfly. It's made to look
like cute stuff.
There are other brands out there.
They're made to look cute, they're made to
look like they've got cartoon characters on
it -- Smurfs, you name it. They're there.
They're designed, clearly, to attract minors,
to make them look cool.
What are they doing? These are
tobaccoless cigarettes. They do not contain
nicotine. So therefore, they can be sold much
cheaper, without the taxing of the cigarettes,
without the ban on the sale of cigarettes.
They are available to minors now.
Minors -- after spending all this
time convincing these people, these young
people that this is not the thing to do, that
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we should not be smoking, up comes this stuff
which allegedly is harmless, quote, unquote.
However, if you read the pack, it says on the
side "Smoking Kills. Surgeon General's
Warning: Cigarette smoke contains carbon
monoxide, a known carcinogen." Inhaling this
stuff is dangerous.
By attracting young people to this
product, while not nicotine-addictive,
habit-forming, it makes it look cool, makes it
look like it's okay to smoke. Because, after
all, this doesn't contain that substance which
everybody's worried about; I'm not going to
get hooked on this stuff.
We feel that this is just as
dangerous. We feel young people seeing this,
having the mental attitude that this is okay,
the next step is going back to regular
cigarettes and getting hooked on that problem.
We are happy with the approach of
banning cigarettes, not allowing that habit to
become common, not allowing that habit to be
cool. I remember when I was a child watching
television, watching the old movies.
Everybody smoked, every one of the stars -
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John Wayne, Rita Hayworth, everybody. Bogart,
Cagney. All of them cool, smoking.
They're all dead. Many of them
died from cigarette smoke and from lung
cancer. John Wayne did. As he was dying, he
admitted frankly that all those years of
smoking were the prime cause of his problem.
Not a cool way to go.
This stuff is an insidious attack
on our young people's health and safety. This
stuff is dangerous. We should treat them just
as we do cigarettes and ban them for sale to
minors and not permit this nasty habit from
getting back into our younger generation and
not allow these things to become as
commonplace as cigarettes once were.
ACTING PRESIDENT MEIER: Senator
Duane.
SENATOR DUANE: Would the sponsor
yield to a couple of questions?
ACTING PRESIDENT MEIER: Senator
Marcellino, do you yield for a question?
SENATOR MARCELLINO: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
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SENATOR DUANE: Thank you very
much.
I have to first preface my question
by noting that I haven't smoked in 16 years.
So it's been 16 years since I was a thin and
happy person. But that said, I know I'm
better off having had -
SENATOR MARCELLINO: Senator,
I've never smoked, and we have the same
lateral challenge, shall we say.
(Laughter.)
SENATOR DUANE: Is there any
provision in the bill for punishment for the
sale or possession of herbal cigarettes?
SENATOR MARCELLINO: The
possession, I don't believe so.
The sale is a fine, under the
Public Health Law, of a minimum of $100 to but
not exceeding $300 for the sale.
SENATOR DUANE: And does it -
through you, Mr. President, does it increase
as per the number of times of -
SENATOR MARCELLINO: No, there's
nothing in here that I'm aware of that does
that.
1286
SENATOR DUANE: Is there a -
through you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Marcellino, do you continue to yield?
SENATOR MARCELLINO: My pleasure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: Is there an
educational component about the health risks
of herbal cigarettes as part of the
legislation?
SENATOR MARCELLINO: Not as part
of the legislation, Senator. But the American
Cancer Society is working with us on a program
and are very glad and supportive of our
program to ban -- our policy to ban these.
I've been in communication with the
PTAs and their national organizations. They
are supportive of this. They are including it
as part of their program to educate our
students and bring it into schools that
banning herbal cigarettes and to educate
parents and young people alike that these
things are dangerous.
SENATOR DUANE: Thank you.
1287
SENATOR MARCELLINO: And just as
an aside, if I might -- I meant to do this
before, but to just go through some of the
ingredients of this particular group, this
particular brand.
This stuff has a substance called
damiana in it. Damiana, I am told -- I have
no personal knowledge of this, but I am told
is an aphrodisiac. Why you need that in
herbal cigarettes aimed at minors, I have no
idea. Perhaps someone could tell us.
Wild lettuce. This one is good:
catnip. You light up and smoke catnip. I
think that's something we really want our
children to do. Mint. And two other
substances called "love" and "light," of which
I have absolutely no knowledge and I don't
think anybody else does either here.
This is specious, at best, as to
the ingredients. One has no idea what the
dosages are and how much of each ingredient,
because it's not spelled out. And I doubt if
the manufacturer has any quality control as to
what's in it and how much of any particular
substance at any given time. But as you can
1288
see, it's certainly nothing that one would
look upon as nutritious or something that
should come into the body.
SENATOR DUANE: Thank you. And I
have just a final question.
ACTING PRESIDENT MEIER: Senator
Marcellino, do you continue to yield?
SENATOR MARCELLINO: Sure.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DUANE: If the sponsor
would also be kind enough to share some of
that information, I'd be very happy to see
some of the information you just spoke about.
SENATOR MARCELLINO: We will be
willing to share it with you and any other
Senator that would appreciate it. If you'd
like a copy of it, my staff will be at your
disposal.
SENATOR DUANE: Thank you.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
Gentile.
SENATOR GENTILE: Yes, Mr.
President, if the sponsor would just yield for
1289
a moment or two.
ACTING PRESIDENT MEIER: Senator
Marcellino, do you yield for a question?
SENATOR MARCELLINO: Absolutely.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR GENTILE: Senator, you
and I have spoken about this earlier today,
and I too have done some investigation on
herbal cigarettes and am concerned, as you
are, about this issue. Indeed, I have similar
legislation pending in this house on herbal
cigarettes.
As we spoke earlier, some of the
definitions that I have in the bill that I
have presented include hemp cigarettes, bidis,
and clove cigarettes, which are also grouped
under or may not be grouped along with herbal
cigarettes.
Given that, and also the fact that
we have a problem of these cigarettes being
sold to minors over the Internet, which your
bill at this point doesn't address, I'm
wondering if in fact at some point we might be
able to reexamine your bill and look at the
1290
issues that I have come up with and my staff
has researched also concerning Internet sales
and the broader definition of herbal
cigarettes.
SENATOR MARCELLINO: Senator, I
don't mind relooking at it after the fact.
But the -- some of the things we've been
checking have had some -- where the staff go
through some of the issues that we were
talking about earlier.
Bidis cigarettes apparently do
contain some tobacco, which would then
classify them under the current law, and they
would be banned currently from sale. Cloves
and hemp come under the category of herbs and
can be classified as herbs and would be banned
by this project. As a matter of fact, hemp,
if you get enough of it, could be classified,
as I'm sure you're aware, as a narcotic. So
that would come under a different law which we
already have.
With respect to the Internet, I
share your concerns with that. And our
colleague, Senator Fuschillo, has an Internet
bill, which we are going to offer him an
1291
amendment to that bill which would include -
hopefully he'll accept it. I see the shocked
and chagrined look on his face, but I know
that will change to positive as we both work
him ov -- work on him to agree with us.
But I think we can include that ban
as part of his Internet bill. I think that
would be a positive way to go rather than
rewriting the entire law.
So this bill would serve the
purpose, Senator, to get these -- the only way
I can phrase it is this garbage off the
shelves and get it away from our kids and get
it out of the hands of our kids, and then we
can address the other issue of the Internet
through, I think, Senator Fuschillo's coming
bill.
SENATOR GENTILE: Well, given
that, it's certainly a worthy cause. And I
support this bill and look forward to working
with you and Senator Fuschillo on the Internet
aspect of it.
SENATOR MARCELLINO: Great minds,
Senator.
ACTING PRESIDENT MEIER: Senator
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Onorato.
SENATOR ONORATO: Will the
Senator yield?
ACTING PRESIDENT MEIER: Senator
Marcellino, do you yield for a question?
SENATOR MARCELLINO: Anytime, to
the Senator.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR ONORATO: Do you have any
additional packs of those cigarettes
available? I'd like to make them available
for people who are visiting my office so they
can get firsthand information on them. I've
never seen them before, and I'm very
interested.
SENATOR MARCELLINO: This was
purchased by my staff locally at a local
tobacco shop just up the street from the
Capitol. So one can find these pretty much
anyplace.
They range in price from $2 to $4 a
pack, so there's -
SENATOR ONORATO: Do they work?
(Laughter.)
1293
SENATOR MARCELLINO: Do they
work? In what way?
SENATOR ONORATO: You gave a
description earlier of them, what it's
supposed to do.
SENATOR MARCELLINO: Senator,
I've never smoked a day in my life, so I have
no knowledge of a personal nature.
SENATOR ONORATO: Thank you,
Senator.
SENATOR MARCELLINO: You're
welcome.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
February.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
382, by Senator Morahan, Senate Print 6437, an
1294
act to amend the Military Law, in relation to
extending certain benefits.
SENATOR PATERSON: Explanation.
ACTING PRESIDENT MEIER: Senator
Morahan, an explanation has been requested of
Calendar Number 382 by Senator Paterson.
SENATOR MORAHAN: Thank you, Mr.
President.
This bill extends -- in essence,
extends to minors those protections offered
now to those who serve in our military. It
extends the protections to the minor children
of those people. In the event a minor child
wants to initiate a claim or respond to a
claim, he would have the same protections as
his father or mother who may be in the service
of the United States military.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Morahan would yield for a question.
ACTING PRESIDENT MEIER: Senator,
do you yield for a question?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT MEIER: The
1295
sponsor yields.
SENATOR PATERSON: Now, Senator,
I understand that there was a case in which a
child was injured in a housing development and
wanted to bring an action, his family wanted
to bring an action. His parents were overseas
in the military, and the action was stayed
until the parents got back. And that was
apparently a decision made by a federal court.
And what this legislation would do
is just to provide the accompanying state
statute to make that possible. And I
certainly agree with that.
But my question is, what if the
child were a defendant? Would the military
service in a sense be a bar to the claim on
behalf of the plaintiff and therefore the
military service -- even if it were true -
would be actually utilized to stop another
citizen from bringing a civil action?
SENATOR SKELOS: Mr. President,
while Senator Morahan is contemplating his
answer, there will be an immediate meeting of
the Local Governments Committee in the
Majority Conference Room.
1296
ACTING PRESIDENT MEIER:
Immediate meeting of the Local Government
Committee in the Majority Conference Room.
Senator Morahan.
SENATOR MORAHAN: Yes, Senator
Paterson, if there is any indication that
someone is trying to evade defending
themselves against another lawsuit and it
looks like it's being used as a shield, then I
think that the court, the way the bill is
written, would have the same ability as it
would with the parents to take whatever action
the court would think appropriate.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
if Senator Morahan would yield for a question.
ACTING PRESIDENT MEIER: Senator
Morahan, do you continue to yield?
SENATOR MORAHAN: Yes, I do.
ACTING PRESIDENT MEIER: The
Senator yields.
SENATOR PATERSON: I do see in
the legislation where it says that the action
shall stayed if in the opinion of the court -
1297
that's the relevant language -- that this is
necessary.
So you can assure us that there
would be the discretion on the part of the
court to determine whether or not the
defendants in this particular case are evading
the civil action or whether there's a
legitimate reason why someone can't be on hand
to defend themselves or their child?
SENATOR MORAHAN: Yes.
SENATOR PATERSON: Thank you,
Senator.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Skelos, that completes the
reading of the controversial calendar.
SENATOR SKELOS: Thank you, Mr.
1298
President. If we could return to reports of
standing committees, I believe there are at
least two reports at this time to be read.
ACTING PRESIDENT MEIER: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Maziarz,
from the Committee on Aging, reports:
Senate Print 2380, by Senator
Alesi, an act to amend the Real Property Tax
Law;
2869, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law;
And 5463, by Senator Maziarz, an
act to amend the Real Property Tax Law.
Senator Saland, from the Committee
on Children and Families, reports:
Senate Print 1013A, by Senator
Saland, an act to amend the Family Court Act;
1018, by Senator Skelos, an act to
amend the Family Court Act and the Criminal
Procedure Law;
1621, by Senator LaValle, an act to
amend the Domestic Relations Law and the
Family Court Act;
1299
2977, by Senator Saland, an act to
amend the Social Services Law;
And 5852A, by Senator Meier, an act
to amend the Domestic Relations Law.
Senator Marcellino, from the
Committee on Environmental Conservation,
reports:
Senate Print 4102, by Senator Kuhl,
an act to amend the Environmental Conservation
Law;
4623, by Senator Marcellino, an act
to amend Chapter 535 of the Laws of 1945;
5188, by Senator McGee, an act to
amend the Environmental Conservation Law;
6075, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
And 6387, by Senator Marcellino, an
act to amend the Environmental Conservation
Law.
Senator Rath, from the Committee on
Local Government, reports:
Senate Print 2760, by Senator
LaValle, an act to amend Chapter 246 of the
Laws of 1916;
2854A, by Senator LaValle, an act
1300
to establish the Eastport Volunteer Exempt
Firefighters Benevolent Association;
2855A, by Senator LaValle, an act
to establish the Island Volunteer Exempt
Firefighters Benevolent Association;
4205, by Senator Rath, an act to
amend the General Municipal Law;
5488, by Senator Bonacic, an act to
enable the County of Ulster to acquire;
And 6240, by Senator Morahan, an
act to amend Chapter 235 of the Laws of 1865.
Senator Nozzolio, from the
Committee on Crime Victims, Crime and
Correction, reports:
Senate Print 969, by Senator
Skelos, an act to amend the Correction Law and
the County Law;
972, by Senator Skelos, an act to
amend the Correction Law and the Executive
Law;
1563, by Senator Nozzolio, an act
to amend the Correction Law;
1609, by Senator Skelos, an act to
amend the Correction Law;
And 3781, by Senator Nozzolio, an
1301
act to amend the Correction Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills directly to third
reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: Yes.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Mr. President.
On behalf of Senator Goodman, I
move that the following bill be discharged
from its respective committee and be
recommitted with instructions to strike the
enacting clause: Senate Print Number 6211.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR SKELOS: Please recognize
Senator Paterson.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
1302
there is a continuing process of confirming
Regents in a joint session in the Assembly
parlor.
I would just like to remind the
Senators that that process is going to
continue right at the end of this session and
invite anyone that's had trouble finding their
way over there today that I will personally
escort them there if they so choose.
SENATOR SKELOS: Mr. President, I
hope Senator Paterson enjoys himself.
Would you please recognize Senator
Marchi at this time.
ACTING PRESIDENT MEIER: Senator
Marchi.
SENATOR MARCHI: Yes, Mr.
President.
We were saddened by the news that
we had lost a great -- undoubtedly, in my
mind, in my experience, the greatest presiding
officer we ever had, with the passing of
Governor Malcolm Wilson.
We are going to be designating, at
an appropriate time, an opportunity for
members to make comments. And I'm sure that
1303
there are many here, on both sides of the
aisle, who had access to him and would like to
certainly have their sentiments recorded.
So bearing that in mind, I will
request that when we adjourn, we adjourn out
of respect and the honor in which we held this
great governor and this great presiding
officer, and that we do this in his memory.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: Thank you very
much, Senator Marchi. And Governor Wilson was
a very special person.
And there being no further business
to come before the Senate, I move we adjourn,
in his memory, until Wednesday, March 15th, at
11:00 a.m.
If we could all rise and observe a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned, in memory
of Governor Malcolm Wilson, until Wednesday,
March 15th, at 11:00 a.m.
1304
(Whereupon, at 3:41 p.m., the
Senate adjourned.)