Regular Session - March 28, 2000
1722
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 28, 2000
3:09 p.m.
REGULAR SESSION
LT. GOVERNOR MARY O. DONOHUE, President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
THE PRESIDENT: The Senate will
come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: We are honored to
have with us this afternoon to give the
invocation the Most Reverend Howard J.
Hubbard, Bishop of the Roman Catholic Diocese
of Albany.
Bishop Hubbard.
BISHOP HUBBARD: Let us pray.
O, gracious God, bless the members
of the New York State Senate, who convene
today with a common mission; namely, that of
serving the human dignity, needs, and
aspirations of all the people of our Empire
State.
Enable our Senators, O God, to
carry out that mission resolutely in their
dialogue as they advance the common good and
do so in the face of the perennial concerns
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and the emerging critical issues of our
troubled times.
Give them the wisdom needed to find
solutions to complex issues, the integrity and
courage required to do the right thing even
when not politically expedient, the patience
and perseverance to listen sensitively to each
other and to work out compromises, the vision
to grasp and comprehend the long-term effects
of their deliberations and decisions, the
sense of humor that will enable them to laugh
with others but never at others, the humility
to know their own personal limitations as well
as that of government, and the trust in Your
providence, O God, that will empower them to
cope with the slings and arrows of the public
debate.
In a special way, assist them to
keep their focus on those most in need -- the
poor, the powerless, the voiceless, the
neglected and the forgotten -- for the measure
of our society's greatness is its care for the
most vulnerable of its members.
For this, we confidently pray, O
faithful God, in Your name, and in praise of
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Your mighty providence for Your people, You
who live and reign both now and forever and
ever. Amen.
THE PRESIDENT: Thank you, Your
Excellency, for that very inspirational
invocation.
Reading of the Journal.
THE SECRETARY: In Senate,
Monday, March 27th, the Senate met pursuant to
adjournment. The Journal of Friday,
March 24th, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports:
Senate Print 114, by Senator
Skelos, an act to amend the Domestic Relations
Law;
1726
1905, by Senator Padavan, an act to
amend the Real Property Law;
1910A, by Senator Meier, an act to
amend the General Construction Law;
3685B, by Senator Meier, an act to
amend the Domestic Relations Law;
6518, by Senator Fuschillo, an act
to amend the Personal Property Law;
6885, by Senator Lack, an act to
amend the Surrogate's Court Procedure Act;
And 6918, by Senator Lack, an act
to amend the Estates, Powers and Trusts Law.
Senator Padavan, from the Committee
on Cities, reports:
Senate Print 6789, by Senator
Velella, an act to amend the Administrative
Code of the City of New York;
And 6964, by Senator Padavan, an
act to authorize the Dormitory Authority or
the Commissioner of General Services to sell
or lease.
Senator Hannon, from the Committee
on Health, reports:
Senate Print 3724B, by Senator
Hannon, an act to amend the Election Law;
1727
6406, by Senator Johnson, an act to
amend Chapter 572 of the Laws of 1994;
And 7042, by Senator Wright, an act
to amend Chapter 640 of the Laws of 1990.
Senator Rath, from the Committee on
Local Government, reports:
Senate Print 1626, by Senator
LaValle, an act to amend the General Municipal
Law;
1968, by Senator LaValle, an act to
amend the Town Law;
2125A, by Senator Nozzolio, an act
to amend the County Law;
2369, by Senator Farley, an act to
amend the Real Property Tax Law;
2459, by Senator LaValle, an act to
amend the General Municipal Law;
3947, by Senator McGee, an act to
amend the Real Property Tax Law;
4025A, by Senator Meier, an act to
amend the General Municipal Law;
4393, by Senator Stafford, an act
to amend the General Municipal Law;
4647, by Senator Seward, an act to
amend the Town Law;
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4668, by Senator Rath, an act to
amend the County Law;
4959, by Senator Maziarz, an act to
amend the Town Law;
5618A, by Senator Seward, an act to
legalize, validate, ratify and confirm;
5644A, by Senator DeFrancisco, an
act to amend the County Law;
6314, by Senator Bonacic, an act in
relation to creating the Stone Ridge Library
District;
6407, by Senator LaValle, an act to
amend Chapter 767 of the Laws of 1987;
6506A, by Senator Larkin, an act to
amend the General Municipal Law;
And 6593, by Senator Bonacic, an
act to amend Chapter 723 of the Laws of 1992.
Senator Volker, from the Committee
on Codes, reports:
Senate Print 810, by Senator
Maziarz, an act to amend the Penal Law;
1071, by Senator Rath, an act to
amend the Penal Law;
1094, by Senator Nozzolio, an act
to amend the Penal Law;
1729
1325, by Senator Marcellino, an act
to amend the Penal Law;
1397, by Senator Padavan, an act to
amend the Penal Law;
1398, by Senator Padavan, an act to
amend the Penal Law;
1400, by Senator Padavan, an act to
amend the Penal Law;
1993, by Senator Padavan, an act to
amend the Penal Law;
2531, by Senator Velella, an act to
amend the Penal Law;
2678, by Senator Velella, an act to
amend the Penal Law;
2790E, by Senator Marcellino, an
act to amend the Penal Law;
3181, by Senator Volker, an act to
amend the Penal Law;
3993, by Senator Volker, an act to
amend the Penal Law;
4375A, by Senator Volker, an act to
amend the Penal Law;
6758, by Senator Saland, an act to
amend the Criminal Procedure Law;
And 7027, by Senator Volker, an act
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to amend the Criminal Procedure Law.
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Print 4200, by Senator
Trunzo, an act to amend the Vehicle and
Traffic Law;
5988, by Senator Johnson, an act to
amend the Vehicle and Traffic Law;
And 7051, by Senator Spano, an act
to amend the Highway Law.
Senator Morahan, from the Committee
on Veterans and Military Affairs, reports:
1710A, by Senator Farley, an act to
amend the Military Law;
5929, by Senator Morahan, an act to
amend the Real Property Tax Law;
6582, by Senator Stafford, an act
to amend Chapter 266 of the Laws of 1981;
6938, by Senator Morahan, an act to
amend the Real Property Tax Law;
And 6940, by Senator Morahan, an
act to amend the Education Law.
Senator Saland, from the Committee
on Children and Families, reports:
Senate Print 3812, by Senator
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Saland, an act to amend the Domestic Relations
Law;
6505, by Senator Saland, an act to
amend the Social Services Law;
6706, by Senator Marcellino, an act
to amend the Social Services Law;
6760, by Senator Saland, an act to
amend Chapter 606 of the Laws of 1999;
6761, by Senator Saland, an act to
amend the Family Court Act;
And 6933, by Senator Saland, an act
to amend the Social Services Law.
Senator Goodman, from the Committee
on Investigations, Taxation and Government
Operations, reports:
Senate Print 1015, by Senator
Skelos, an act to amend the Executive Law;
4659A, by Senator Volker, an act to
authorize the Office of General Services;
5676A, by Senator Larkin, an act to
authorize the Commissioner of the Department
of Transportation;
6092, by Senator Velella, an act to
amend the Tax Law;
6460, by Senator Marcellino, an act
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to amend the Tax Law;
And 6975, by Senator Lack, an act
to amend the Arts and Cultural Affairs Law.
Senator Nozzolio, from the
Committee on Crime Victims, Crime and
Correction, reports:
Senate Print 7031, by Senator
Nozzolio, an act to amend Chapter 55 of the
Laws of 1992;
And 7032, by Senator Nozzolio, an
act to amend Chapter 887 of the Laws of 1983.
All bills ordered direct to third
reading.
THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Bruno, we have two
substitutions.
SENATOR BRUNO: Please take the
substitutions up at this time, Madam
President.
1733
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 9,
Senator Nozzolio moves to discharge, from the
Committee on Commerce, Economic Development
and Small Business, Assembly Bill Number 1237A
and substitute it for the identical Senate
Bill Number 5108A, Third Reading Calendar 158.
And on page 28, Senator McGee moves
to discharge, from the Committee on Education,
Assembly Bill Number 1073 and substitute it
for the identical Senate Bill 7020, Third
Reading Calendar 482.
THE PRESIDENT: The substitutions
are ordered.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time adopt the Resolution
Calendar, with the exception of Resolution
3510.
THE PRESIDENT: All in favor of
adopting the Resolution Calendar, with the
exception of Resolution 3510, please signify
by saying aye.
(Response of "Aye.")
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THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up Resolution 3510,
have it read in its entirety, and move for its
immediate adoption. That resolution is by
Senator Farley.
THE PRESIDENT: Thank you,
Senator Bruno.
The Secretary will read.
THE SECRETARY: By Senator
Farley, Legislative Resolution 3510,
commemorating the Bicentennial of Catholic
Schools in New York State.
"WHEREAS, The State of New York
takes great pride in acknowledging significant
milestones in the history of its esteemed
institutions; and
"WHEREAS, The New York State
Catholic Conference is planning a variety of
events in the year 2000 to celebrate the
Bicentennial of Catholic Schools in America;
1735
and
"WHEREAS, In 1800, members of St.
Peter's Parish in New York City opened a
school to meet the academic and spiritual
needs of children. St. Peter's School became
the forerunner of the Catholic school system,
which at one time included more than 1,300
schools across the state; and
"WHEREAS, The mission of these
schools is to provide strong academic programs
which integrate the moral, spiritual,
intellectual, social, emotional and physical
development in children. These distinguished
Catholic schools have also played an important
role in the University of the State of New
York. Catholic schools have provided a
wonderful education to many New Yorkers, and
have produced great leaders, responsible
citizens and good neighbors; and
"WHEREAS, There are currently 857
Catholic schools serving 277,392 students in
New York State, the extraordinary success of
the Catholic school system is due to the
incredible hard work and dedication of each
school's students, staff, faculty and
1736
administration; and
"WHEREAS, Their outstanding
achievements are a considerable source of
pride for the entire state; now, therefore, be
it
"RESOLVED, That this Legislative
Body pause in its deliberations to commemorate
the Bicentennial of Catholic Schools in New
York State, and to recognize their valuable
contributions to this state; and it be further
"RESOLVED, That copies of this
Resolution, suitably engrossed, be transmitted
to the New York State Catholic Conference, the
Archdiocese of New York, the Diocese of
Albany, the Diocese of Brooklyn, the Diocese
of Buffalo, the Diocese of Ogdensburg, the
Diocese of Rochester, the Diocese of Rockville
Centre, and the Diocese of Syracuse."
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
This is a very significant day in
Albany. Today the Catholic Conference is
holding its public policy forum. It's the
14th annual event of the New York State
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Catholic Conference, bringing nearly 1,000
Catholics from around the state to Albany.
Catholic schools have a long
history of providing educational excellence in
New York State and the nation. I am a product
of a Catholic school, as is our Majority
Leader and many members of this chamber. They
are cost-effective. They provide sound
education, integrated with moral and spiritual
values, to prepare our children to become
competitive, responsible, and loving adults.
Students at Catholic schools
represent nearly 10 percent, or nearly 300,000
of the entire student population in New York
State. Minorities make up 36 percent of the
Catholic school population statewide and
57 percent of the New York City Catholic
schools.
If we would, Madam President, I'd
like to introduce some distinguished guests
that we have here on the floor, starting with
my own bishop, the Bishop of Albany, Bishop
Howard Hubbard, who at one time was the
youngest bishop in the United States of
America. Bishop Hubbard.
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(Applause.)
SENATOR FARLEY: And on his right
is Bishop James Moynihan from the Diocese of
Syracuse. Bishop Moynihan.
(Applause.)
SENATOR FARLEY: Another fine
Irishman, from the Diocese of Brooklyn, Bishop
Thomas Daily.
(Applause.)
SENATOR FARLEY: Which I believe
is one of the largest diocese in the See. And
also the Bishop of the Diocese of Buffalo, a
guy that's got a very bright future, in my
judgment, Bishop Henry Mansell. Bishop
Mansell.
(Applause.)
SENATOR FARLEY: We also have
other distinguished leaders here with us
today. On the floor with us is the
Superintendent of Schools from Albany, Sister
Jane Herb. Sister Jane.
(Applause.)
SENATOR FARLEY: And we also have
on the floor with us Monsignor Maresca. Here
he is right here, Monsignor Maresca.
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(Applause.)
SENATOR FARLEY: And Father Joe
Zareski. Father Joe.
(Applause.)
SENATOR FARLEY: In the gallery,
in the gallery we have Sister Kathleen Murphy.
(Applause.)
SENATOR FARLEY: Superintendent
of schools, Kathleen is.
And Mr. Tim Dwyer, Superintendent
of Schools for the Diocese of Rochester.
(Applause.)
SENATOR FARLEY: I must add that
Sister Kathleen Murphy is the Superintendent
of Schools for the Diocese of Ogdensburg,
where I went to school.
They won't hold that against us,
Sister.
And also Sister Joanne Callahan,
Superintendent of Schools for the Diocese of
Rockville Centre.
(Applause.)
SENATOR FARLEY: And also, from
the Diocese of Syracuse, the Superintendent of
Schools, Sister Mary Anne Heenan.
1740
(Applause.)
SENATOR FARLEY: With that, Madam
President, I would ask that you extend the
courtesies of the Senate.
And we're so honored and pleased to
have these distinguished Catholic leaders with
us here today. Thank you.
THE PRESIDENT: Thank you,
Senator Farley.
As President of the Senate, on
behalf of the Senate, I welcome all of our
distinguished visitors this afternoon. I had
the privilege and honor of speaking at your
luncheon this afternoon, so I will not extol
any more of the virtues of your group, as I
did at noontime, but will proceed with our
business.
But we are truly honored to have
you with us this afternoon. We extend to you
all of the courtesies of the Senate.
(Applause.)
SENATOR FARLEY: Madam President.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: The resolution
is open to anyone who wants to sponsor it,
1741
Mr. Majority Leader. Unless somebody objects,
they'll all be on it, the entire Senate.
THE PRESIDENT: Anyone who does
not wish to be a part of this resolution
should notify the desk.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there is a privileged resolution at
the desk, by Senator Oppenheimer. I would ask
that it be read in its entirety and move for
its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Oppenheimer, Legislative Resolution Number
3533, honoring the First, Second and Third
Place Winners of New York State's U.S. Savings
Bonds 2000 National Student Poster Contest.
"WHEREAS, The Department of the
Treasury, United States Savings Bonds
Division, annually conducts a National Student
Poster Contest to show how savings bonds can
help goals and dreams come true; and
"WHEREAS, The United States Savings
Bonds Student Poster Contest has been designed
1742
for our nation's schoolchildren in grades
four, five, and six as a creative learning
activity and has been endorsed by the nation's
leading educational organizations; and
"WHEREAS, The theme for the United
States Savings Bonds 2000 National Student
Poster Contest, "Making Dreams a Reality," is
artistically expressed in the winning poster,
which will be displayed in an exhibit in
Washington, D.C.
"First Place Winner, 10-year-old
Benjamin Morejon, of New Rochelle, New York,
is a fifth-grade student at Daniel Webster
Magnet School. Second Place Winner,
11-year-old Elizabeth Chin Lew, of Brooklyn,
New York, is a sixth-grade student at I.S. 239
Mark Twain. Third Place Winner, 11-year-old
Lioudmila Matveeva, of Brooklyn, New York, is
a sixth-grade student at I.S. 239 Mark Twain;
and
"WHEREAS, Benjamin Morejon,
Elizabeth Chin Lew, and Lioudmila Matveeva
have brought enduring honor to their schools,
their families, and their communities; awards
will be given to each student in the form of
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U.S. Savings Bonds for $1,000, $500, and $200
respectively.
"Contest awards have been provided
by State Sponsors, Mr. Thomas Y. Hobart, Jr.,
President, New York State United Teachers, and
Mr. Alan B. Lubin, Executive Vice President,
New York State United Teachers.
"Benjamin Morejon's poster will
represent New York State in the national
competition, where first, second and third
place national winners will receive,
respectively, a $5,000, $2,000, and $1,000
U.S. Savings Bond at the National Awards
Ceremony in Washington, D.C.
"Accommodations and transportation
to and from Washington, D.C., will be provided
for the three national winners and a parent or
guardian. While in Washington, winners and a
parent/guardian will be invited to tour the
historic Treasury Building, the Bureau of
Engraving and Printing, and the U.S. Capitol;
and
"WHEREAS, It is the sense of this
Legislative Body to extend its highest
commendation to Benjamin Morejon, Elizabeth
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Chin Lew, and Lioudmila Matveeva, who have
through their efforts brought enduring honor
to this great Empire State. They clearly
personify that spirit of excellence which
distinguishes the student body of the State of
New York; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to honor the
First, Second and Third Place Winners of New
York State's U.S. Savings Bonds 2000 National
Student Poster Contest."
THE PRESIDENT: The question is
on the resolution.
SENATOR OPPENHEIMER: Madam
President.
THE PRESIDENT: Senator
Oppenheimer.
SENATOR OPPENHEIMER: I'd like to
just say a word on the resolution.
I have had the great pleasure of
meeting the family of Benjamin Morejon and
meeting Benjamin. This is a wonderful family.
They have five children. All five are
artistically gifted. And Benjamin has just
won first place in this contest, which is of
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no small importance both artistically and
monetarily, because his first prize win is a
thousand dollars.
And if he continues, he will be
going on to meet the first place winner from
the other 49 states. And if he wins there, of
course it will bring great, great honor to New
York State and, as well, a very nice monetary
as well as artistic recognition of Benjamin.
But this has just been a wonderful
experience for me. And Benjamin, who is so
wonderfully gifted, I know has a brilliant
future. And if he helps us sell more U.S.
Savings Bonds, that will be a blessing for all
of us.
Congratulations to Benjamin, and
we'll recognize you in a moment.
THE PRESIDENT: Senator Lachman.
SENATOR LACHMAN: Yes, I would
like to echo Senator Oppenheimer's statement
and bring to the attention of the chamber that
not only are these youngsters outstanding
artists and outstanding students, the second
and third winners come from one particular
school. And that's Mark Twain Junior High
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School in Coney Island.
And all three have something else
in common. The second and third winners are
children who emigrated a few years ago, one
from Hong Kong and the other one from the
former Soviet Union. And the premier,
number-one winner is a child of immigrants
whose parents came from Korea and Cuba.
This is the greatness of America,
the children of immigrants and immigrants
blending into the society and becoming leaders
of today and tomorrow.
We congratulate you all from the
bottom of our hearts. Thank you kindly.
(Applause.)
THE PRESIDENT: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Thank you,
Madam President.
I omitted one thing which was very
important also, which is that this also is the
son of immigrant parents. The father comes
from Cuba -- Cuba -- and the mother comes from
Korea. And it's a wonderful amalgam, which is
really what our country is all about.
1747
THE PRESIDENT: The question is
on Resolutions 3510 and 3533. All in favor
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolutions
are both adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up the
noncontroversial calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
41, by Senator Alesi, Senate Print 3483A, an
act to amend the Economic Development Law and
others, in relation to program reporting and
evaluation requirements.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 24. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
1748
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
159, by Senator Maziarz, Senate Print 5180A,
an act to amend the State Administrative
Procedure Act, in relation to establishing
small business compliance guides.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect July 1.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
264, by Senator Volker, Senate Print 6225, an
act to amend the Criminal Procedure Law, in
relation to written instructions to grand
jurors.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
1749
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
320, by Senator Kuhl, Senate Print 1273, an
act to amend the New York State Urban
Development Corporation Act and others, in
relation to food processor economic
development assistance.
THE PRESIDENT: 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, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
406, by Senator Spano, Senate Print 1259, an
act to amend the Penal Law, in relation to the
1750
crime of criminal employment.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 57.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
414, by Senator Johnson, Senate Print 2401 -
SENATOR DOLLINGER: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
415, by Senator Velella, Senate Print 2413, an
act to amend the Penal Law, in relation to
loitering in the first degree.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first -
SENATOR MONTGOMERY: Lay it
1751
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
417, by Senator Volker, Senate Print -
SENATOR CONNOR: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
440, by Senator Nozzolio, Senate Print 3781,
an act to amend the Correction Law, in
relation to inmate use of controlled
substances and marijuana.
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, 55. Nays,
3. Senators Duane, Montgomery, and Sampson
recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
1752
449, by Senator Saland, Senate Print 1013A, an
act to amend the Family Court Act, in relation
to extensions of child placement.
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.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
455, by Senator LaValle, Senate Print 2854A,
an act to establish the Eastport Volunteer
Exempt Firefighters Benevolent Association.
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 SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
1753
THE SECRETARY: Calendar Number
456, by Senator LaValle, Senate Print 2855A,
an act to establish the Island Volunteer
Exempt Firefighters Benevolent Association.
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 SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
457, by Senator Rath, Senate Print 4205, an
act to amend the General Municipal Law, in
relation to compensation.
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, 58.
THE PRESIDENT: The bill is
1754
passed.
THE SECRETARY: Calendar Number
480, by Senator Bonacic, Senate Print 6711, an
act in relation to legalizing, validating,
ratifying and confirming actions.
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, 58.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
482, substituted earlier today by Member of
the Assembly Parment, Assembly Print Number
1073, an act to amend a chapter of the laws of
2000.
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.)
1755
THE SECRETARY: Ayes, 58.
THE PRESIDENT: The bill is
passed.
Senator Velella, that completes the
noncontroversial reading of the calendar.
SENATOR VELELLA: Can we take up
the controversial calendar at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
414, by Senator Johnson, Senate Print 2401, an
act to amend the Penal Law, in relation to
including sales of controlled substances.
SENATOR PATERSON: Explanation,
please.
THE PRESIDENT: Senator Johnson,
Senator Paterson has requested an explanation.
SENATOR JOHNSON: Madam
President, this amends the felony murder
statute to provide, as it is for already
robbery, aggravated sexual abuse, rape, and
all the other -- burglary, kidnapping. If
those things happen now and a death results,
the person involved in this act can be charged
with the death.
1756
We're including in here criminal
sale of a controlled substance in the fifth
degree, fourth degree, third, second, and
first degree, or school -- or sale of drugs on
the school grounds.
And we do this for -- one reason is
that one-quarter of the gun deaths in New York
City alone are committed -- are caused during
the commission of a drug-dealing episode. So
in order to avoid that, we're going to let
drug dealers know that they might be charged
with a death if a death results during a
shootout or some other crime committed at the
time they're doing that drug deal.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 414 are
Senators Duane, Montgomery, Sampson,
Schneiderman, and Smith. Ayes, 53. Nays, 5.
1757
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
415, by Senator Velella, Senate Print 2413, an
act to amend the Penal Law, in relation to
loitering in the first degree.
SENATOR MONTGOMERY: Explanation.
THE PRESIDENT: Senator Velella,
Senator Montgomery has asked for an
explanation.
SENATOR VELELLA: Yes, Madam
President.
This bill was introduced at the
request of the Bronx district attorney. It
has passed this house, I believe, once or
twice before. Unfortunately, it hasn't been
passed by the Assembly.
But District Attorney Johnson feels
it's important for him to have in his fight
against crime in the Bronx and it's important
for other DAs across the state to have in
their fight against crime.
Under the current law, at times the
prosecution of antidrug loitering laws can be
very difficult for a prosecutor. This bill
1758
would allow the application of a wider range
of illegal activities. It expands the
definition of loitering in the first degree
and defines loitering in the first degree to
include repeatedly stopping or attempting to
stop, interfering with the free passage of any
other person, repeated attempts to engage
other persons in conversation, or repeatedly
stopping a motor vehicle for the purpose of
selling or using controlled substances.
Additionally, this bill would
include marijuana as a controlled substance
for this purpose.
And this is written by a very
capable staff, one of our colleagues in
government, Bob Johnson, who prosecutes crime
and is a fearless crime fighter. And I'm sure
it will get the support of the entire
Minority.
THE PRESIDENT: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. Would the sponsor of the bill,
Senator Velella, yield to a question from me?
SENATOR VELELLA: Certainly,
1759
Senator.
THE PRESIDENT: Senator Velella
yields to a question. Go ahead, Senator
Montgomery.
SENATOR MONTGOMERY: Okay, thank
you.
Now, Senator Velella, you know that
one of the issues that we have, particularly
as it relates to the corrections, overcrowding
in corrections, is that a large number of the
inmates in there are in fact mentally ill.
SENATOR VELELLA: A lot of the
inmates are what?
SENATOR MONTGOMERY: Mentally
ill. In addition -
SENATOR VELELLA: If you say so,
Senator.
SENATOR MONTGOMERY: Yes, I say
so.
Now, the bill, as I'm looking at
it, talks about an individual, so that an
individual acting all alone who is considered
loitering and participating in this activity,
he is possessing marijuana. And I'm assuming
that he is trying to get you to smoke a
1760
marijuana with him? I'm not absolutely clear
based on the language in your bill.
But let's just assume that you want
to now arrest someone. And they are acting
all alone, they're considered now loitering,
they are -- they have some marijuana that I'm
assuming is not enough to qualify them for a
felony arrest.
So now, even if that person is
mentally ill, which is very often the case,
apparently, with these situations, that we can
now arrest him under your legislation. Is
that where we're going? In other words, this
is a minor activity.
SENATOR VELELLA: Senator, your
supposition is so phrased with "I assume" and
"maybe" and "possibly," I have to answer in
one word. No.
But if you would ask me some
specific questions, I'll give you specific
answers. The intent here is to punish the
person who interferes with a law-abiding
citizen, is out there annoying a law-abiding
citizen for the purpose of using or possessing
marijuana or any other controlled substance.
1761
This is a quality-of-life issue
that affects the people in the city of New
York and in the state, but more dominantly in
the city of New York, where people are
constantly harassing the public, whether it be
for the purpose of smoking with them, as you
say, as a possibility, or for the purpose of
soliciting whether or not they would be
interested in buying or selling, whatever the
case may be.
The district attorney of Bronx
County feels this is a tool that's necessary
for him to fight crime effectively. And I
support his attempt to address the laws that
we have written in a vague way and tighten
them up so that people who do these things and
offend honest, everyday citizens can be
punished.
We are not putting them in jail as
a felony on this. It's a B misdemeanor, the
lowest that we can do. But, you know,
repeated offenses will elevate it.
But people have to get a message
that not only do they have a right to be on
the streets and do as they please, but there
1762
is a right of the general public not to be
annoyed by these people, not to be annoyed by
these people who want to use drugs, marijuana,
other controlled substances. People who are
there with their children, with their dates,
with their family, they ought not to be
harassed by these people. And police officers
need the tools to stop them. This is the way
to do it.
SENATOR MONTGOMERY: All right.
Thank you.
Madam President, briefly on the
bill.
THE PRESIDENT: Senator
Montgomery -
SENATOR MONTGOMERY: I -
THE PRESIDENT: -- on the bill.
Senator, if you would wait until I
finish my sentences, please. Go ahead,
Senator, on the bill.
SENATOR MONTGOMERY: Okay. Madam
President, on the bill.
I will be voting against this. I
think that, one, this does not exempt a person
who is mentally ill from being, in fact,
1763
stopped and arrested under this legislation.
And it does not offer an alternative treatment
for a person who is found to be mentally ill
rather than having criminal intent.
The other issue is I think that
this reinforces the problem that we have with
police stopping people based on a stereotyped
idea of what their activities appear to be.
So we certainly do not want to in
any way -- I don't think any of us wants to -
THE PRESIDENT: Senator Velella,
why do you rise?
SENATOR VELELLA: Would Senator
Montgomery yield to a question?
THE PRESIDENT: Senator
Montgomery, would you yield to a question?
SENATOR MONTGOMERY: Yes, Madam
President. Let me just finish my statement.
We do not want to play into -
THE PRESIDENT: Then you do not
yield at this time, Senator Montgomery?
SENATOR MONTGOMERY: I will
yield -
THE PRESIDENT: You may proceed,
Senator. If I may finish my sentences,
1764
please.
You may proceed. Go ahead.
SENATOR MONTGOMERY: I will
gladly yield, but I just wanted to complete
my -
THE PRESIDENT: Then you do not
yield at this time. You may proceed, Senator
Montgomery.
SENATOR MONTGOMERY: I think that
we certainly do not want to play into the
problem that we now have in the city of New
York where the police and the community have
this extreme divide around the issue of
profiling of certain people -- profiling of
young people, profiling of young
African-American males, profiling of people
who are mentally ill.
We don't want to play into that
problem. So that is, I think, a valid reason
for voting against this legislation, Madam
President.
I certainly am happy to yield for
Senator Velella's question.
THE PRESIDENT: Senator Velella.
SENATOR VELELLA: Senator, you
1765
are aware of the fact that Robert Johnson is
an African-American male? And you feel he
wrote this bill and asked me to sponsor it to
persecute young Afro-American males?
SENATOR MONTGOMERY: Madam
President, in answer to that, I certainly do
understand that the -- the -- Mr. Johnson,
despite the fact that he is African-American
himself, I don't believe that his intent would
be to reinforce racial stereotyping and
profiling.
But I believe, and I certainly
disagree with this legislation that -- because
I believe that it certainly does do exactly
that. So whether or not DA Johnson
understands it, I understand it to be a
problem. Because ultimately, in the end, it's
going to work against his interests and mine,
and certainly, I think, all of us in the city
who have this as a big issue and problem as it
relates to policing in the city of New York.
So yes, I do disagree with DA
Johnson, and I will be voting against this
legislation.
THE PRESIDENT: Read the last
1766
section.
Senator Paterson.
SENATOR PATERSON: Madam
President, I just want to thank Senator
Montgomery for that, I thought, very
thought-out statement that needs no further
amplification, but probably needs to be stated
and stated over and over again until it's
completely understood.
There have been many times as an
African-American myself who worked in law
enforcement, I would have to say that over the
years I've learned a lot about what I may have
believed at the time that I was a prosecutor,
some 15 years ago -- that quite often it does
not relate to the color of the individuals who
are putting forth the law if the individuals
do not understand the deleterious effect that
it has on great numbers of people from
different communities and different
neighborhoods.
And the fact that sometimes those
people resemble the same individuals who the
legislation will negatively affect is not
something new, it's something that happens all
1767
the time and is something that is not related
to color as much as it's to a lack of
understanding.
And so I think Senator Montgomery
pointed that out very clearly, and I thank her
for raising it at this time.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President, if I may speak on the bill.
I just want to note for the record
that there are many bills written by
Caucasians which I don't agree with, and there
are many bills written by Caucasians that I do
agree with. I also want to echo in the
strongest possible terms the comments of my
colleague Senator Montgomery on this issue.
And I also want to raise an issue
that cuts very close to my heart, and to put
it in a historical perspective. In addition
to how loitering is used against various
groups based on race and ethnicity in
general -- and historically, loitering laws
were used against virtually every ethnic group
that came to the state of New York -
loitering is also a charge which is very, very
1768
often used against members of the gay
community.
Loitering is a red flag to the gay
community because whether it's an
African-American gay man or a Caucasian gay
man, oftentimes law enforcement and DAs would
use loitering laws to prosecute and
discriminate against gay people.
So I would encourage my colleagues
to take a close look at how it is that
loitering is used. Of course, I don't mean to
imply malice towards all members of law
enforcement or DAs in terms of how they use
loitering laws. But I think we also have to
be very sensitive to how loitering laws can be
misused by people who are not as scrupulous
as, for instance, DA Johnson is.
Thank you, Madam President.
THE PRESIDENT: Read the last
section.
Senator Velella.
SENATOR VELELLA: In closing on
the bill, I would point out to my colleagues
that the law is already there to fight
loitering. This bill merely changes it from
1769
having to have the necessity of two or more
people and says that one person can be
loitering, and when they do it for these
purposes, makes it a B misdemeanor.
There is nothing in this bill that
would change any other body of law, as Senator
Montgomery was concerned about, whether or not
a person has a mental defect. If they
committed any other crime, they would be put
into a system -- the same as with this bill if
they violated it -- that would deal with their
mental illness. So that anybody who commits
this crime, if they have a mental defect or
have a mental problem, they would be treated
as if they committed any other crime.
I think we have to make the
statement that honest, law-abiding citizens
need to be protected against people who loiter
for purposes of using, selling and -- and
using drugs. And distributing drugs.
This bill goes a long way to doing
it, and I think the district attorneys of the
State of New York are very supportive of it,
and I think it deserves the vote of everybody
in the chamber.
1770
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 415 are
Senators Duane, Montgomery, Paterson, Sampson,
and Smith.
Ayes, 53. Nays, 5.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
417, by Senator Volker, Senate Print 3106A, an
act to amend the Penal Law.
SENATOR VOLKER: Lay the bill
aside.
THE PRESIDENT: The bill is laid
aside.
Senator Velella, that completes -
SENATOR VELELLA: That bill will
be laid aside for the day?
THE PRESIDENT: Senator, could
1771
I -- pardon me?
SENATOR VELELLA: That bill will
be laid aside for the day at the request of
the sponsor. We'll take it up tomorrow.
THE PRESIDENT: Yes. That bill
is laid aside just for the day, Senator
Velella.
Senator Velella, that completes the
controversial reading of the calendar.
SENATOR VELELLA: Is there any
housekeeping at the desk?
THE PRESIDENT: No, Senator.
SENATOR VELELLA: The Senate will
stand at ease for a moment.
THE PRESIDENT: The Senate stands
at ease.
(Whereupon, the Senate stood at
ease at 3:56 p.m.)
(Whereupon, the Senate reconvened
at 4:00 p.m.)
ACTING PRESIDENT MARCELLINO:
Senator Velella.
SENATOR VELELLA: Mr. President,
there will be an immediate meeting of the
Majority in the Majority Conference Room.
1772
The Senate will stand at ease.
ACTING PRESIDENT MARCELLINO:
There will be an immediate meeting of the
Majority in the Majority Conference Room,
Room 332.
The Senate will stand at ease.
Senator Paterson.
SENATOR PATERSON: Mr. President,
do we have any idea how long this conference
is going to be? Because, you know, we have a
session out here. We're trying to have an
on-time budget. And I don't see any reason
for any delay.
ACTING PRESIDENT MARCELLINO:
Senator Paterson, the session of the
conference will take as long as it has to. We
have not been informed of a time frame.
And I would suggest, if you want an
on-time budget, you talk to Sheldon Silver.
Senate will be in recess.
SENATOR DOLLINGER: Mr.
President -- Mr. President, I don't know why
we're interrupting the normal session of the
session for the conference. There are motions
to discharge. Usually, in the customary
1773
practice of this body, the -
SENATOR VELELLA: Mr. President,
I believe you adjourned the session. I
believe you adjourned the session.
There will be an immediate
conference of the Majority in the Majority
Conference Room.
ACTING PRESIDENT MARCELLINO: The
session has not been adjourned. The session
has been called to at ease.
We've been asked to go for a
Majority conference. We will do that. We
will reconvene after the conference, and we'll
proceed with whatever is left, whatever the
order of business is that is left.
Session is at ease. You're simply
delaying the length.
SENATOR PATERSON: Mr. President,
may I call an immediate conference -- may I
call an immediate conference of the Minority
in the Minority Conference Room.
ACTING PRESIDENT MARCELLINO:
Yes, you may, sir.
There will be an immediate
conference of the Minority in the Minority
1774
Conference Room. That is Number 314, I
believe.
SENATOR PATERSON: That is Number
314.
ACTING PRESIDENT MARCELLINO:
Thank you. Room 314, Minority conference.
SENATOR PATERSON: A room of
democracy, Mr. President.
ACTING PRESIDENT MARCELLINO: The
Senate stands at ease.
(Whereupon, the Senate stood at
ease at 4:05 p.m.)
(Whereupon, the Senate reconvened
at 5:00 p.m.)
THE PRESIDENT: The Senate will
come to order.
Senator Stafford.
SENATOR STAFFORD: Thank you,
Madam President.
Would you please recognize Senator
Schneiderman for a motion to discharge,
please.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
1775
Madam President. I believe that there is a
motion at the desk. I'd like to ask that it
be called up at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Schneiderman, Senate Print 6912, an act to
amend the Penal Law, the General Business Law,
and the Education Law, in relation to
criminally negligent storage.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. If I may proceed on the
motion.
This is a motion, the first of a
series of ten motions to bring to the floor
our package of gun safety legislation. I'm
sorry that we were delayed here, but gun
safety legislation has been delayed in New
York State for years and years, so a delay of
another hour really is not a problem for those
of us on this side of the aisle who are
seeking to address this situation.
It is time for us to do something
about the problem of guns in this state.
There are laws we know are effective. Every
1776
one of the bills we are about to make a motion
to discharge on has passed the New York State
Assembly. The Assembly has been there for
years.
And the first bill that I'm moving
to discharge today has passed the Assembly for
seven years. It is a child access prevention
law that will save the lives of children in
New York State. This law goes beyond what the
Governor recently proposed by way of trigger
locks to impose criminal liability on
grown-ups who don't safely store guns that
then get into the hands of children.
Seventeen states have child access
prevention laws. And in those 17 states,
deaths caused by handguns to children have
fallen since those laws have been in effect.
We know they work.
Between 1989 and 1994, homicide
deaths of young people declined, but homicide
deaths from firearms increased 222 percent.
We know guns are killing our children. It's
projected that the leading cause of death of
young people in this country in a few years is
going to be gun injuries, not cars. This is a
1777
disgrace. It is a national disgrace. But
it's something we can do something about. We
have to join the 17 states that have addressed
this issue.
The bill is a very straightforward
bill. It's something that is tested, it's
something that has been through all the
scrutiny you can get in every one of the
states that's passed it. It's time to move on
this and all the bills we will bring to the
floor today.
We can't delay, we can't hide, we
can't avoid the issue. We have to do
something about guns this year. The Governor
has opened the door, but we have to go through
that door in the Senate. And it's time for
this house to step up and do something about
guns.
I move that the bill be discharged,
and I urge everyone to vote for this motion to
bring a child access prevention law to the
floor and pass it today.
THE PRESIDENT: All in favor of
accepting the motion to discharge signify by
saying aye.
1778
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR STAFFORD: Party vote in
the negative.
THE PRESIDENT: Thank you,
Senator.
The Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
36. Party vote.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President. I believe there's a motion
at the desk. I ask that it be considered by
the house.
THE PRESIDENT: The motion is
defeated.
Senator Dollinger.
SENATOR DOLLINGER: Was that is
mine or Senator Schneiderman's?
(Laughter.)
THE PRESIDENT: No comment.
SENATOR DOLLINGER: Madam
President, is the motion before the house?
1779
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Dollinger, Senate Bill Number 6903, an act
enacting the "Assault Weapon Prohibition and
Licensing Act of 2000."
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Madam
President, may I be heard on the motion?
THE PRESIDENT: You may proceed.
SENATOR DOLLINGER: Thank you.
Senator Schneiderman made reference
to waiting. And I came to this house in 1993.
And on January 17th, 1994, the Governor of the
State of New York called us into special
session to do one thing, one thing and one
thing alone: to pass a ban on assault
weapons. To take a certain type of weapon
that has no place in our society and in our
neighborhoods, in our community, and send a
clear message that those weapons would be
outlawed in this state or, if they were used
for target purposes, that they would then be
licensed by the State of New York.
1780
That was 2,264 days ago. Senator
Stafford may recall, I'm the guy who came into
the chamber and put the "Day 1" placard on my
desk and refused to remove it. It was
eventually removed by the Sergeant-at-Arms
because that notice violated the rules of the
Senate.
Well, in my heart that number is
now 2,264. We've waited that long already. I
daresay that more than a million New Yorkers
have been born since the time we had a chance
to put assault weapon legislation on the
books. 2,264 days ago. Let's put this to an
end. Let's stop this love affair with weapons
that have no place in our neighborhoods, no
place anywheres near our schools, no place
anywheres near our homes.
Let's put an end to it now. This
bill will ban assault weapons. This bill will
send a message to the kids in our schools that
the word "Glock" and the word "Beretta" have
no place in their vocabulary, much less in the
lunch bag of their fellow students.
It's that simple. If you want to
do something about guns, let's start here.
1781
The Assembly has passed this message before,
this bill before. If you think there's a flaw
in this bill, let's put it out to a joint
conference committee. Let's join hands with
the Governor, join hands with the Assembly.
And if this bill isn't the right
solution, we can come up with one that's close
to it. But one that sends a clear message to
children, that sends a clear message to adults
that these types of weapons have no place at
all in our society.
Not one other person in this
country should die at the hands of an assault
weapon. And we can send that message today
that it will never happen again. Let's start
now -- not, as we should have started, 2,264
days ago, when we should have done this for
the first time.
THE PRESIDENT: All in favor of
accepting the motion to discharge signify by
saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR STAFFORD: Party vote in
the negative.
1782
THE PRESIDENT: The Secretary
will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 21. Nays,
37. Party vote with exceptions.
THE PRESIDENT: The motion is
defeated.
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, I believe there's also another
motion filed on my behalf at the desk. I'd
ask that I be heard on the motion.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Dollinger, Senate Bill Number 6904, an act to
amend the Penal Law, the Family Court Act, and
the Criminal Procedure Law, in relation to
banning the sale.
THE PRESIDENT: Senator
Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
This is much simpler than the bill
that just was unacceptable to the house. This
1783
is very, very simple. This says that there
are certain types of weapons called
.50-caliber weapons, .50 caliber. These are
the kinds of weapons that were on PT boats in
the Second World War. These are the kinds of
weapons that are exclusively used by the
military.
In a discouraging fact, 2800 of
these weapons were manufactured in the United
States and sold domestically. There are
probably only a couple of hundred in New York.
But why anybody needs a .50-caliber weapon in
this state is absolutely beyond me.
This is an easy line to draw. This
is a simple, simple, straight line to draw.
Let's ban .50-caliber weapons. Let's tell
people that you can't have them in your homes,
you can't have them in your neighborhoods, you
can't have them near our schools. They're too
dangerous for anyone to have.
This bill is very simple. I urge
that the house bring this bill forward, that
we have a debate on the merits by granting
this motion to discharge.
THE PRESIDENT: All in favor of
1784
accepting the motion to discharge signify by
saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR STAFFORD: Party vote in
the negative.
THE PRESIDENT: The Secretary
will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
36. Party vote.
THE PRESIDENT: The motion is
defeated.
Senator Dollinger.
SENATOR DOLLINGER: Madam
President, there's an additional motion filed
at the desk. I'd ask that I be heard on it.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Dollinger, Senate Print Number 6905, an act in
relation to dangerous firearms.
SENATOR DOLLINGER: May I be
heard on it, Madam President?
THE PRESIDENT: Senator
1785
Dollinger, you may proceed.
SENATOR DOLLINGER: Thank you,
Madam President.
Assault weapons, I guess they're
okay. .50-caliber weapons, I guess they're
okay too. Now the question is, what about
Saturday night specials? What about those
junk guns that people produce, modify on their
own, that they assemble from kits, they can
buy over the Internet or they can buy through
warehouses using 800 numbers?
What about junk guns? These are
guns that aren't even manufactured by
reputable manufacturers. They're assembled by
kits in people's homes. They're modified by
people in their homes.
All this bill asks is that this
state conduct a study of junk guns and that we
commit ourselves to eliminating junk guns from
the marketplace. And that we give the power
to the State Police to conduct a task force to
study junk guns, figure out what guns fall in
that category, and that we ban them
completely.
Let's send a message to kids that
1786
they ought to be doing their homework on the
Internet, they ought to be doing their term
papers on the Internet, and not figuring out a
way that they can assemble their home-made
Saturday night special.
That's not what we want to be
teaching our children. We shouldn't be
allowing our adults to do it either. Let's
send a clear message that we're voting against
junk guns by bringing this motion to the
floor.
Thank you, Madam President.
THE PRESIDENT: All in favor of
accepting the motion -- Senator Markowitz, I
believe you wish to be heard. Go ahead.
SENATOR MARKOWITZ: Thank you
very, very much.
Senator Dollinger, I want to
commend you on all of this, but certainly this
one especially.
And I want to urge, I -- I'm
noticing silence. It's unbelievable. This is
so important, it's so important, especially in
urban areas of New York -- and, regrettably,
increasingly, in the suburban areas of New
1787
York as well. Quiet, just silence. I can
hear it a pin drop here. And I don't
understand what the strategy is tonight. I
don't understand.
But one thing I do know.
Reasonable people have to look at this motion.
This particular motion, our young people can
readily purchase one of these Saturday night
specials easier than you can go to a
convenience store after 10 o'clock at night in
some areas to pick up a quart of milk.
This is no joke. This is for real.
These guns are getting into the hands of
immature young people -- it's in their hands
already -- who have not been taught to resolve
conflicts by mediation and talking it through,
but, because they emulate what they see -
unfortunately, in our neighborhoods too often,
or on TV or in the movies -- feel the way to
resolve a conflict over a girlfriend or over a
side of the street with drugs is to go out and
purchase, for 40 or 50 bucks, one of these
guns and then shoot away.
And I can assure you that
neighborhood to neighborhood, even with our
1788
crime rates down, this is still a burning
issue going to the future of the children in
our society. We shouldn't have to have a
motion to discharge.
My colleagues, those of you who
don't represent inner-city communities,
judging from the statistics I see, the impact
of these types of guns in your area are there,
and increasingly so.
This is the time. Years ago was
the time. There's still time to pass this
type of legislation and make it as impossible
as possible for our young people to get these
guns and to cause havoc and death upon each
other.
Senator Dollinger, thank you for
doing this tonight.
THE PRESIDENT: All in favor of
accepting the motion to discharge signify by
saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR STAFFORD: Party vote in
the negative.
THE PRESIDENT: The Secretary
1789
will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
36. Party vote.
THE PRESIDENT: The motion is
defeated.
Senator Gentile.
SENATOR GENTILE: Madam
President, I have a motion at the desk. I'd
ask that reading be waived and you allow me to
explain.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Gentile, Senate Print Number 6906, an act to
amend the Executive Law and the State Finance
Law, in relation to establishing.
THE PRESIDENT: Senator Gentile.
SENATOR GENTILE: Thank you,
Madam President.
I bring to the floor tonight a law
enforcement bill, a bill that would create a
gun tracing and interdiction program for
illegal weapons here in the State of New York.
Such a program, such a program that
1790
existed in Colorado allowed the federal
authorities to identify the source of the
semiautomatic weapons used by the Columbine
gunmen. That was the same, a similar program
to the bill which I bring to the Senate's
attention this evening.
You know, the gun trade follows a
pattern. Gun manufacturers sell legal weapons
to gun dealers. Gun dealers in turn sell to
purchasers -- and some purchasers who intend,
in turn, to sell the guns illegally. The
choke point, the choke point for the illegal
weapons trade is that point where the gun is
sold from a legal purchaser to an illegal one.
And that's where we have to focus our law
enforcement attention.
And indeed, indeed, getting to that
choke point is what will help us take the
illegal guns off the street and to prosecute
those who engage in the illegal trafficking of
guns in this state.
This bill would establish a
permanent and funded gun-trafficking
interdiction program for prosecutors across
the state. It's designed to interdict illegal
1791
guns from entering communities within the
state and would establish a gun tracing
program along with the Bureau of Alcohol,
Tobacco and Firearms.
And as I've said, most illegal guns
in New York have been originally purchased
elsewhere, not within the state of New York.
According to a 1996 figure from the Bureau of
Alcohol, Tobacco and Firearms, five states
continually head the list of states which send
the most guns used in crimes in the state of
New York. Those states include Virginia,
Florida, South Carolina, North Carolina, and
Georgia.
Those statistics demonstrate the
need that we have as a state to provide
funding to district attorneys' offices all
throughout our state to improve their gun
interdiction programs, their confiscation and
their prosecution efforts, through a
gun-trafficking interdiction program that we
establish on the state level.
As part of this program, the Bureau
of Alcohol, Tobacco and Firearms will trace
the source of illegal weapons used in crimes.
1792
And the State Police would be required, under
this bill, to establish and create a central
clearinghouse of information to identify
gun-crime trends and to assist district
attorneys in this state and the police in this
state in successfully prosecuting the illegal
gun traffickers.
As I said, the good news is that we
can trace and we can interdict illegal guns.
It has been shown to happen in Columbine and
in the Midwest. This bill creates an
investigative tool for police. This bill is a
prosecution bill. This bill is a tool that
will help law enforcement and is a bill that
does not affect legal gun owners in any way,
shape or form. Legal gun owners are not
affected in any way by this bill.
So the time is now. The time is
now for New York State to have a gun
trafficking and an interdiction program. The
eyes and the hopes of the people of the state
of New York are on this chamber. The eyes of
parents who had their sons and daughters
killed. Some of them that I spoke to this
morning are in this chamber watching every
1793
single one of us and what we do with this bill
today.
And it's incomprehensible that I
see what I see with my eyes is almost an empty
chamber on the other side. It's almost
incomprehensible that there will be a party
vote in the negative in this regard. And I
said almost. I see you, Senator Kuhl.
Certainly, certainly it's
incomprehensible that anything other than a
vote in the affirmative on this bill would be
in order. Madam President, this is a
commonsense law enforcement bill. I urge a
vote in the affirmative for the gun tracing
and interdiction program.
THE PRESIDENT: All in favor of
accepting the motion to discharge signify by
saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR STAFFORD: Party vote in
the negative.
THE PRESIDENT: The Secretary
will call the roll.
(The Secretary called the roll.)
1794
THE SECRETARY: Ayes, 22. Nays,
36. Party vote.
THE PRESIDENT: The motion is
defeated.
Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President. I believe there's a motion at the
desk. I'd like to call it up.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Hevesi, Senate Print Number 6907, an act to
amend the Penal Law, the Education Law, and
the State Finance Law, in relation to firearm
licenses.
THE PRESIDENT: Senator Hevesi.
SENATOR HEVESI: Thank you, Madam
President.
Let me begin by commending Senator
Schneiderman for his leadership on this issue,
his protracted leadership on this issue,
because he has been advocating for the
commonsense legislation that is before us
today for quite some time.
And I suspect, because of the
1795
party-line votes in the negative, we are going
to be back in this position, and we will be
able to look to Senator Schneiderman for his
continued leadership on this issue.
We just heard from Senator Gentile
talking about gun tracing and interdiction.
And as I'm listening to him, I'm thinking to
myself, he has highlighted for us the reason
why we're here today, or the failures of a
system that mandate that we be here today.
All this is not necessary. It's not
necessary. It shouldn't be necessary.
Because the federal government should have
long ago taken this issue out of the hands of
individual states to be as lax as they want in
enforcing gun control legislations.
And I don't know where every member
of this house comes down on issues of
federalism. But if you at all believe that
one state has the right to have tough
gun-control legislation to protect its
citizenry, then you must recognize the
inherent logic that if you preclude other
states from enacting it as a consequence of
their own electoral or political inabilities,
1796
then you have taken each individual state and
said, You can't do effective gun-control
legislation, because we're not going to do it
for North Carolina, we're not going to do it
for Alabama, so you can go ahead in New York
and do whatever you want.
And we have in New York City the
toughest gun-control laws, probably anywhere,
and we have one of the biggest problems with
guns. You can't just do it for New York State
and not do it for other states. It doesn't
make sense. It's ludicrous.
But at the same time, we would be
abdicating our responsibility if we didn't do
everything we can in the state of New York to
ensure that our children and our citizens are
protected. So in that vein, we've got ten
commonsense pieces of legislation here today,
one of which I am sponsoring and I think will
go a long way to protecting the citizens of
our state, even though this could be done at a
much more prudent level by the federal
government.
So I am the sponsor of Senate 6907,
which has two main components. The first
1797
would require that gun licenses be renewable
every five years. They are not currently
renewable at all except in the City of New
York and in Nassau and Suffolk and Westchester
counties.
This legislation would mandate that
gun licenses be renewable, but only for
pistols, only for short guns.
There's another failure in trying
to address this problem that we haven't even
spoken of, which is the fact that I as a
citizen of Queens County can get in my car and
drive 20 minutes to Nassau County and buy a
rifle or a shotgun with no background check.
I could be a criminal; nobody checks it out.
I could be a fugitive from justice. I could
be mentally incompetent. There's no check,
there's no licensing, there's no gun tracing,
there's no fingerprinting, there's no nothing.
There's no waiting period, there's no
cooling-off period. And I can drive back to
Queens and commit a crime with it.
The only thing I have to do is fill
out an ATF form where I certify that I am not
a criminal, I am not a fugitive, what have
1798
you.
This is our tough gun control in
New York State. So at the very least, if
you're going to have a pistol, it should be
renewable every five years. And that's what
this legislation does, except we don't now
require, under this bill, that the City of New
York would have to lower its standard of three
years. That would remain.
And the second main provision of
this bill that we're moving on a motion to
discharge is extraordinarily commonsensical.
It says that if you're going to have a firearm
license, you have to have a safety course.
You have to take a safety course as a
prerequisite. That's all. Eight-to-12-hour
course, and DCJS comes up with the course in
conjunction with the State Police.
And then, if we had that, you would
have an analogous situation with a driver's
license. Right now in the state of New York,
you want to drive an automobile, you have to
take a written test and then you have to take
a test on the road, an actual test. But you
can go out and you can buy a rifle or a
1799
shotgun with no test at all, or you can get a
permit for a pistol with no firearm training
whatsoever. It just doesn't make sense.
Not a panacea, not going to solve
our problems, this bill -- all of the bills
collectively in front of us. Not going to,
you know, take care of this problem in its
entirety. It will go some way in doing it.
We need comprehensive federal legislation.
But that doesn't mean you don't go ahead and
do these commonsense bills here today. You
don't do it -- we're failing that we don't do
this. I don't know why we don't do it.
And it's so frustrating when you
hear the National Rifle Association take their
extremist position that they're against
everything. Everything. There's nothing that
they aren't against. And when you do that,
you lose all credibility with this ridiculous
notion that if one piece of gun legislation
passes, no matter how innocuous it is, that
there's going to be a domino effect that
cripples the right of individuals who are
residents of the United States to bear arms.
I don't know about all of my
1800
colleagues on this side of the aisle, but I
don't want to do that. I believe that gun
ownership is something that can happen. You
can facilitate it, but you have to do it in a
responsible way. You've got to be a certain
age. You shouldn't be a criminal. There
should be a safety course. You should be
licensed. To the extent that you could trace
weapons, there should be registration. And
you've got to do all these things.
And then you have the NRA step in
and say that we're against everything, we'll
do nothing, and hold hostage the entire
country. We're hostage here in New York,
because the federal government doesn't pass
legislation to protect us from the failures of
other states that will make guns come into
this state and hurt our citizens.
And we fail too, because those
states can make the same charges about us:
We're failing. Today we're going to vote no,
the Majority will vote no on every motion to
discharge and fail even further. So we
continue to be an embarrassment here.
And I don't know how many more kids
1801
have to be killed before finally we do
something on this.
And we are not, we are not
susceptible, Democrats, to charges that we are
being political, that we are taking advantage
of a tragedy. Because we've been talking
about these issues for years. So I don't want
to hear from anybody, You're taking advantage
of some gun death, when the little child was
killed in Detroit or anywhere else. Nonsense.
We've been talking about this forever.
And therefore, we have the right to
say, how many more kids have to be killed
before we do something? On the federal level
or the state level. It shouldn't be any more.
We can take a step in that
direction today. I urge all my colleagues to
vote yes on this motion to discharge.
THE PRESIDENT: All in favor of
the motion to discharge please signify by
saying aye.
SENATOR PATERSON: Party vote,
with exception, in the affirmative.
SENATOR STAFFORD: Party vote in
the negative.
1802
THE PRESIDENT: The Secretary
will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 21. Nays,
37. Party vote with exceptions.
THE PRESIDENT: The motion is
defeated.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President. I have a motion at the desk. I
would like to have it called up at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Montgomery, Senate Print Number 6908, an act
to amend the Penal Law, in relation to age
eligibility.
SENATOR MONTGOMERY: Yes, I would
like to explain my motion, Madam President.
THE PRESIDENT: Go ahead, Senator
Montgomery.
SENATOR MONTGOMERY: Yes, thank
you.
Madam President, I carry in my
wallet with my credit cards -- I won't name
1803
them, because I think we're not allowed to -
but all of my club member cards and my bank
cards and whatever else. I carry this little
notice around with me, just to remind me of
what we're confronted with in America. And it
says "In one year, firearms killed zero
children in Japan, 19 children in Great
Britain, 57 children in Germany, 109 in
France, 153 in Canada and 5,285 in the United
States. God bless America."
I carry that with me because I
never want to forget what this debate is all
about. It's trying as best we can to protect
American citizens, especially our children.
So my motion is to have this
legislative body discharge and vote on a bill
which would limit the license of firearms, the
ability to be licensed, a licensed firearm
owner, to children less than 21 years of age.
During the period of 1994 to 1996
in New York State, 22 children under the age
of 18 were killed by guns. Another 318 were
hospitalized as a result of gun accidents. 76
children committed suicide in New York State
using a gun. And 31 children injured
1804
themselves with firearms. And according to
the Federal Firearms Agency, their tracing
data show that more crime guns are traced to
18- and 19-year-old children than any other
age group in our country.
So we clearly, in the State of New
York, need to set an example and correct the
situation that we now have where people under
the age of 21 can so easily acquire
licenses -- and in some areas of our state, as
young as 16 years old. We need a uniform law.
And we need, I believe, to make sure that no
person under the age of 21 is able to get a
license for a gun.
Madam President, I hope that my
colleagues will vote for this sensible
legislation today, this motion today.
THE PRESIDENT: All in favor of
accepting the motion to discharge signify by
saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR STAFFORD: Party vote in
the negative.
THE PRESIDENT: Thank you,
1805
Senator.
The Secretary will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
36. Party vote.
THE PRESIDENT: The motion is
defeated.
Senator Oppenheimer.
SENATOR OPPENHEIMER: I think I
have a motion at the desk. I'd like to call
it up, waive its reading.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Oppenheimer, Senate Print Number 6909, an act
to amend the Penal Law, in relation to the
illegal sale.
THE PRESIDENT: Senator
Oppenheimer.
SENATOR OPPENHEIMER: Thanks.
When Senator Hevesi said we're not
Johnny-come-latelies, I was thinking of maybe
15 years ago when we had put in the assault
weapons bill. And at that time we were
saying, you know, what is this gun doing
1806
amongst civilized society when it was
developed only for battlefields in wars. And
you can't go after a deer with an assault
weapon.
So yes, we have been at this a very
long time. And there have been so many tragic
stories that have been in the press
subsequently.
But let me talk about this motion
that I have. It concerns only people who are
holding valid firearm dealer licenses to be
permitted to sell guns at a gun show or a flea
market or wherever more than 20 guns are up
for sale. The Governor's bill says that a gun
show is defined as one that has 50 guns or
more for sale. This is a little tighter; it
says 20 guns or more for sale.
There's an estimated between a
quarter and a half of all guns that are sold
at gun shows that are unlicensed, and the
purchasers of the -- and the dealers that are
selling are unlicensed. And the purchasers,
therefore, are not required to have background
checks. It's only if you hold a licensed gun
dealer license, a firearms dealer license,
1807
that you have to require of anybody buying a
gun that they have the background check.
By requiring only the licensed
dealers to sell the guns at gun shows, this
bill is going to ensure that everybody who
buys one has had a background check. Which I
think makes enormous good sense. We know that
almost 50 percent of those that are involved
in purchasing or selling of firearms at gun
shows, that most of these sales are going to
felons, or at least between 40 and 50 percent
of the sales are -- the purchasers are felons.
So -- this was a study that was
done by the Bureau of Alcohol, Tobacco and
Firearms, and they did a study of over 300 gun
shows. So this is not my data, it is federal
data.
I would like to say that in my
county we have moved, just in the last couple
of years, to a five-year renewable gun
license. And because we could not be assured
of the control that this kind of bill would
provide, our county executive actually went
back on a proposed gun show at our -- at one
of our county buildings, our county center.
1808
I think this is essential if we are
going to have gun shows. And many of us do
believe that there's a place for guns in our
society -- for hunting animals during hunt
season and for collecting guns and for
marksmanship. There is a place for guns. But
guns have too often fallen into the hands of
felons. We have to stop this. And this is
one way, just one way, to stop it.
I move its adoption.
THE PRESIDENT: All in favor of
the motion to discharge signify by saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR STAFFORD: Party vote in
the negative.
THE PRESIDENT: The Secretary
will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
36. Party vote.
THE PRESIDENT: The motion is
defeated.
Senator Sampson.
SENATOR SAMPSON: Madam
1809
President, I have a motion at the desk. I'd
like to waive the reading.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Sampson, Senate Print Number 6911, an act to
amend the Penal Law and the Executive Law, in
relation to the possession.
SENATOR SAMPSON: Thank you.
THE PRESIDENT: Senator Sampson.
SENATOR SAMPSON: As to the
motion, my colleagues, are we going to do the
right thing, or is it going to be politics as
usual? Basically, guns, drugs, alcohol equate
disaster -- in some instances, death.
My motion deals with the
suspension, the revocation of a firearms
license while under the influence of alcohol
or drugs, which calls for a one-year
suspension. In New York City alone, anyone
who is caught in a vehicle who drives under
the influence, their vehicle is taken away
from them. Here we're calling for a one-year
suspension.
It's a privilege for us to drive
1810
our cars. It's a privilege for us to have
firearms. Are we always going to let partisan
politics play -- have an issue or even play
where we need to do the right thing? And this
is about doing the right thing.
You know, a person who abuses their
driving privileges, their license gets revoked
or suspended. So it should be the same for
the person who is entrusted with a licensed
firearm and decides to get intoxicated or uses
some sort of illegal drugs. What are we going
to do, are we going to allow them to keep that
license or are we going to suspend it? So
it's really simple.
You know, I'm not here to make a
long speech. It's all about doing the right
thing. The Governor talked about it in his
gun package, about doing the right thing.
It's about time for us to do the right thing.
The next time someone gets killed
and all of us are going to say, Oh, what a
tragedy, we should do something about it. You
know, we're always waiting for the end result
when we can put preventive measures into
effect. Why wait for a disaster when we
1811
basically can avoid the whole situation?
But once again, we know what's
going to happen. We're going to party vote in
the affirmative, party vote in the negative.
But the next time, as Senator Hevesi said,
somebody gets killed and it's in one of our
districts, they're going to look at us and
say, What happened, when you had an
opportunity to pass legislation to possibly
correct a wrong?
Are we going to sit back and let
this happen again? My colleagues, the voters
are getting real tired of us. You know, they
look at us, they say, These elected officials,
they can't do nothing for our community.
Right now in New York City alone,
we're going through a very serious problem
with police and the community. And if we
don't do something about it, even enacting gun
legislation or even getting involved, it's
going to be a volatile situation in New York
City alone. And we all are going to have to
pay for it. It's either going to be in
September or it's going to be in November.
But judgment day is coming. And
1812
I'm telling you, the same thing the tobacco
industry thought about it. Judgment day came.
Judgment day is going to come with this gun
violence. And we're either going to be on the
right side or we're going to be on the wrong
side. And some of us are going to lose our
seats because we're going to be on the wrong
side.
Thank you very much, Madam
President.
THE PRESIDENT: All in favor of
accepting the motion to discharge signify by
saying aye.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR STAFFORD: Party vote in
the negative.
THE PRESIDENT: The Secretary
will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
36. Party vote.
THE PRESIDENT: The motion is
defeated.
Senator Stavisky.
1813
SENATOR STAVISKY: Madam
President, I have a motion at the desk and I
would like to have it called up at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
Stavisky, Senate Print Number 6913, an act to
amend the Penal Law and the Correction Law, in
relation to eliminating the relief granted.
THE PRESIDENT: Senator Stavisky.
SENATOR STAVISKY: Yes. This
motion, this bill prevents felons who are
issued certificates of good conduct from
lawfully possessing a rifle or a shotgun,
despite the fact that they are issued
certificates of relief from disabilities or
certificates of good conduct which they use in
order to obtain firearms.
It would not discourage anyone who
has -- does not have a criminal record of
being a violent felony offender. Instead, it
closes a loophole which exists today which
permits violent felons to own -- to legally
own a rifle or a shotgun.
Now, this is a simple bill. And
1814
I'm surprised, quite frankly, that my friends
on the other sides of the aisle haven't taken
it -- I was going to use the word "stolen,"
but haven't borrowed it. It should have been
enacted into law a long time ago. It's a very
simple bill. It keeps guns out of the hands
of violent criminal offenders. Very simple.
Very, very simple.
I hear all the time that you want
to keep guns from the hands of violent
offenders. Here's the opportunity to do so.
Here's the opportunity. I suspect that I will
not prevail. But on the other hand, I think
we have to give you the opportunity to vote on
it.
Violent felons should not have the
right to own a gun. And if you agree with me,
if you believe that we should be tough on
criminals -- and I hear this all the time,
we're tough on criminals -- here's the
opportunity to be tough on criminals and to
support this measure.
Thank you.
THE PRESIDENT: All in favor of
accepting -
1815
Senator Schneiderman, excuse me.
SENATOR SCHNEIDERMAN: Thank you,
Madam President.
This is the last of our motions.
It is incredible that we have to bring a
motion to discharge on a bill to keep guns out
of the hands of violent felony offenders.
And I would urge those of you who
listen to the National Rifle Association on
these issues to take a look at recent reports
from the Violence Policy Center and the Center
to Prevent Handgun Violence documenting the
NRA's efforts to help violent felony offenders
obtain certificates of relief and
disabilities. They have been behind the
renewed licensing of thousands of violent
felony offenders. Tough on crime? I don't
think so.
Well, this is our last motion.
This is our package. You haven't outwaited
the people. The New Yorkers Against Gun
Violence advocates are here. You can wait
till after press deadlines, but you're not
going to outwait the people this year. And we
have people here who have been here all day
1816
and have waited, and we're going to wait more
if we have to. We're going to get gun safety
legislation this year.
And I thank all of my colleagues,
and I thank all of the advocates who have
joined us today to try and do something about
this crisis. This is not the last we're going
to hear on this this session.
THE PRESIDENT: All in favor of
accepting the motion to discharge signify by
saying aye.
Senator Paterson.
SENATOR PATERSON: Party vote in
the affirmative.
SENATOR STAFFORD: Party vote in
the negative.
THE PRESIDENT: The Secretary
will call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 22. Nays,
36. Party vote.
THE PRESIDENT: The motion is
defeated.
Senator Stafford.
SENATOR STAFFORD: Madam
1817
President, is there any housekeeping?
THE PRESIDENT: Yes, there is,
Senator Stafford.
During reports of standing
committees, Senate Print Number 6092, from the
Committee on Investigations, was inadvertently
reported to third reading. The bill should
have been and is hereby referred to Finance.
Senator Stafford.
SENATOR STAFFORD: Madam
President, there being no further business to
come before the Senate, I move we adjourn
until Wednesday, March 29, at 11:00 a.m.
THE PRESIDENT: On motion, the
Senate stands adjourned until Wednesday,
March 29th, 11:00 a.m.
(Whereupon, at 5:44 p.m., the
Senate adjourned.)