Regular Session - May 28, 2003
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 28, 2003
3:12 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
please 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: With us this
afternoon to give the invocation is the
Reverend Joseph Mattera. He is pastor of
Resurrection Church in Brooklyn, New York.
REVEREND MATTERA: Let us pray.
Heavenly Father, we thank You so
much for this great state. We thank You for
those civil servants that are here today that
want to work for the good of all the people in
our beloved state.
We pray, God, for Your wisdom, for
Your understanding to enter into them with
these most challenging issues that they have
to deal with. We pray that everything that
You want dealt with today and the issues that
will be brought up will be resolved with the
least amount of effort.
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We pray that You would have Your
way in all the financial crises that we're
going through at this time. And we thank You
for the work that is yet to come and the unity
that You are going to bring.
We give You the praise and the
honor, and we thank You for everything that is
going to work out. And we ask this in the
name of the Father and of the Son and of the
Holy Spirit. In Jesus' name, amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, May 27, the Senate met pursuant to
adjournment. The Journal of Sunday, May 25,
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.
Reports of select committees.
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Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Balboni, Madam
President, on page 56 I offer the following
amendments to Calendar 987, Senate Print
3788A, and I ask that that bill retain its
place on the Third Reading Calendar.
THE PRESIDENT: The amendments
are received and adopted, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Saland, on
page 54 I offer the following amendments to
Calendar 961, Senate Print 4112, and I ask
that that bill retain its place on the Third
Reading Calendar.
THE PRESIDENT: The amendments
are received and adopted, Senator, and the
bill will retain its place on the Third
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Reading Calendar.
SENATOR FARLEY: Madam President,
on behalf of Senator Velella, on page 53 I
offer the following amendments to
Calendar 949, Senate Print 4970, and I ask
that that bill retain its place on the Third
Reading Calendar.
THE PRESIDENT: The amendments
are received and adopted, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR FARLEY: Madam President,
on behalf of Senator LaValle, on page 14 I
offer the following amendments to Calendar
Number 335, Senate Print Number 211, and I ask
that that bill retain its place on the Third
Reading Calendar.
THE PRESIDENT: The amendments
also are received and adopted, and the bill
will retain its place on the Third Reading
Calendar.
SENATOR FARLEY: Madam President,
on behalf of the Majority Leader, Senator
Bruno, I move that the following bill be
discharged from its respective committee and
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be recommitted with instructions to strike the
enacting clause: Senate Print 5287.
THE PRESIDENT: So ordered.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
I wish to call up my bill, Senate
Print Number 3296, which is now at the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
885, by Senator Fuschillo, Senate Print 3296,
an act to amend Chapter 578 of the Laws of
2002.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, I now move to reconsider the vote
by which the bill was passed and ask that the
bill be restored to the order of third
reading.
THE PRESIDENT: The Secretary
will call the roll upon reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
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THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, I now move to discharge, from the
Committee on Rules, Assembly Print Number 7013
and substitute it for my identical bill.
THE PRESIDENT: So ordered.
SENATOR FUSCHILLO: I now move
that the substituted Assembly bill have its
third reading at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
885, by Member of the Assembly Sweeney,
Assembly Print 7013, an act to amend
Chapter 578 of the Laws of 2002.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, the bill passed yesterday with two
negative votes. With unanimous consent, I ask
for the same vote.
THE PRESIDENT: Without
objection.
The Secretary will read the last
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section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45. Nays,
2.
THE PRESIDENT: The bill is
passed.
Senator Bruno.
SENATOR BRUNO: Madam President,
are there substitutions at the desk?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR BRUNO: If we could make
them at this time.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: On page 10,
Senator Robach moves to discharge, from the
Committee on Rules, Assembly Bill Number 6562A
and substitute it for the identical Senate
Bill Number 2373, Third Reading Calendar 209.
On page 23, Senator Rath moves to
discharge, from the Committee on Rules,
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Assembly Bill Number 5320 and substitute it
for the identical Senate Bill Number 3843,
Third Reading Calendar 535.
On page 33, Senator Robach moves to
discharge, from the Committee on Rules,
Assembly Bill Number 5187 and substitute it
for the identical Senate Bill Number 4090,
Third Reading Calendar 706.
On page 34, Senator Maziarz moves
to discharge, from the Committee on Rules,
Assembly Bill Number 7151 and substitute it
for the identical Senate Bill Number 4196,
Third Reading Calendar 713.
On page 45, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6833 and substitute it
for the identical Senate Bill Number 2656,
Third Reading Calendar 854.
On page 46, Senator Spano moves to
discharge, from the Committee on Rules,
Assembly Bill Number 3881 and substitute it
for the identical Senate Bill Number 4395,
Third Reading Calendar 865.
And on page 53, Senator Robach
moves to discharge, from the Committee on
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Rules, Assembly Bill Number 4356 and
substitute it for the identical Senate Bill
Number 3886, Third Reading Calendar 945.
THE PRESIDENT: Substitutions
ordered.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there is a privileged resolution at
the desk by Senator Volker.
THE PRESIDENT: Yes, there is.
SENATOR BRUNO: 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 Senators
Volker, Bruno, and all members of the Senate,
Legislative Resolution Number 1888, mourning
the death of the Honorable Edward A. Rath,
Jr., retired New York State Supreme Court
Justice.
"WHEREAS, This Legislative Body has
learned with sadness of the death of Edward A.
Rath, Jr., retired State Supreme Court Justice
and husband of colleague Senator Mary Lou
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Rath, on May 1, 2003, at the age of 72; and
"WHEREAS, It is with deepest regret
and condolences to his family that this
Legislative Body records the passing of this
distinguished jurist, dedicated public
servant, and esteemed community leader, who
served the people of Western New York with
honor and distinction for many years; and
"WHEREAS, A State Supreme Court
Justice since 1985, Judge Rath retired from
the bench on November 12, 2002, after an
exemplary 45-year career, but continued to
serve as a faculty member for state judicial
seminars; and
"WHEREAS, Born in Buffalo, Judge
Rath completed his undergraduate education at
Canisius College and Syracuse University. He
earned his law degree from the University of
Buffalo Law School in 1954 and did additional
graduate study in law at the University of
Wisconsin Law School in Madison; and
"WHEREAS, From 1955 through 1957,
Judge Rath served with the United States Army
military police in West Germany and, from 1957
to 1960, was attached to the 402nd Civil
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Affairs and Military Government Unit of the
Army Reserve in Buffalo; and
"WHEREAS, Judge Rath was a
confidential law clerk for State Supreme Court
Justice Norman A. Stiller, and, as an
assistant state attorney, he headed the
office's Buffalo-Rochester Claims and
Litigation Bureaus from 1959 through 1967; and
"WHEREAS, Judge Rath was a
Williamsville Village Justice from 1978
through 1984, and also maintained a private
law practice until 1985, when he began his
first term as a New York State Supreme Court
Justice; and
"WHEREAS, Throughout his judicial
career, Judge Rath handled numerous criminal
and civil cases in Erie, Niagara, Orleans,
Wyoming, and Genesee Counties, and played a
major role in settling a long contract dispute
between the Buffalo Teachers Federation and
the Buffalo Board of Education in 1999,
upholding the teacher union's interpretation
of a disputed contract covering the years 1990
to 1994; and
"WHEREAS, Judge Rath also served
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the State of New York as a member of the
Allegany State Park Commission from 1971 to
1988, and as a counsel to the State Senate
Majority Leader; and
"WHEREAS, Active in his profession,
Judge Rath was a member of the Erie County,
New York State, and American Bar Associations,
and the New York State and Erie County Trial
Lawyers Associations, Buffalo's Marshall Club,
and the New York State Association of
Magistrates; and
"WHEREAS, Judge Rath was also a
past president of both the Association of
Justices of the Supreme Court of New York
State and the Supreme Court Justices
Association of the state's Buffalo-based 8th
Judicial District; and
"WHEREAS, An involved and valued
member of his Williamsville, Erie County, and
Western New York community throughout his
life, Judge Rath was active in numerous civic,
fraternal, political, and athletic
organizations, including the Salvation Army,
Boy Scouts of America, the Amherst Chamber of
Commerce, and the Rotary Club of
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Williamsville, which he served as president,
and Rotary International; and
"WHEREAS, Judge Rath was, in
addition, a former official of the Masonic and
Shrine organizations, a past potentate of the
Ismailla Temple and a past officer of the
Royal Order of the Jesters, and was active in
Calvary Episcopal Church in Williamsville as a
lay reader and former head of its ushers and
men's clubs; and
"WHEREAS, Judge Rath was also a
former coach, manager, and treasurer for the
Williamsville-Sweet Home Junior Football
League and the Joe McCarthy Little League, a
supervisory official at the 1980 Winter
Olympics in Lake Placid, a former member of
the board of Daemen College Associates of
Amherst, and he always enjoyed golf, tennis,
skiing, fishing, and gardening; and
"WHEREAS, Judge Rath is survived by
his wife of 34 years, Senator Mary Lou Rath,
and their children, Allison Garvey, Melinda
Sanderson, and Edward A. Rath, III, and their
six grandchildren, all of whom are proud to
have been a part of his life and rejoiced in
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his many accomplishments; and
"WHEREAS, It is with great respect
and admiration that this Legislative Body
records the passing of Edward A. Rath, Jr.,
who, throughout his life, distinguished
himself in service to his profession, his
community, and the people of the State of
New York; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to celebrate
the life of retired State Supreme Court
Justice Edward A. Rath, Jr., to honor his
accomplishments, and to pay tribute to his
memory; and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Honorable Mary Lou Rath, New York State
Senator, and to her family, with the deepest
condolences of this Legislative Body."
THE PRESIDENT: Senator Bruno.
SENATOR BRUNO: Madam President
and colleagues, it's with sadness that I rise
and recognize the passing of Judge Rath.
I never got to know him really
well, but I met him on a number of
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occasions -- usually ceremonial, sometimes
social. And you always came away with just a
great feeling about a perfect gentleman and
just a nice, congenial, personable, caring
individual. Always, whenever you came away,
you had that good feeling.
And as you listen to the resolution
describing his activities and his life, you
can't help but just kind of marvel at an
individual that would lead such a full life
and just be so successful in everything he did
and in every way, in raising three children
and enjoying six grandchildren, and all along
the way participating in community activities.
Not just the legal part of his
life, where he reached a peak as a judge and
distinguished himself in that career, but
everywhere. In the community, when you
mention Boy Scouts and youngsters and the
physical environment and physical fitness and
just good health, and doing things that were
healthy and good for young people, he was a
leader in that respect. Serving in the
military, and then following through with
that.
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But I think one of the things that
was so meaningful to me, as I learned as much
as I did about Judge Rath, was his support of
his wife of 34 years, Senator Rath. He never
saw anything competitive in that. She became
a leader in the county, elected official
there, became the leader there. And, you
know, a husband sometimes might think in terms
of handling themselves differently.
Always there, always by her side,
many times in the forefront with her. And as
she came to the Senate, where she was leaving
home to come and be representative of that
constituency, I know that her husband
encouraged her and supported her in every way.
And that tells you something about a real man,
who was there for his wife, for his children,
for his grandchildren.
But one of the things that tells it
all about Judge Rath is that when he had
cancer -- and he knew he had cancer, and he
knew that his days were limited -- he always
had a smile, he always had a word of cheer and
was always making somebody else feel better
for having been with him or talked with him.
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In the last week of his life, I
know that his wife, Mary Lou, was going to
stay there with him in the hospice
environment, and he said, "Go to Albany, you
belong there. There's nothing that you're
going to be doing here," making her feel good
about going.
And that just tells you something
about an individual who really led his life
comfortably, securely, and felt fulfilled.
Mary Lou didn't leave that week, because he
took a turn for the worse and passed away.
But when we pass a resolution like
this, many times it's a very casual thing.
But as you follow his life that was just
reviewed in just a short period of time, you
have to marvel at the man and just feel good
that he was here, and that we have Mary Lou
here as a Senator where we can share and
participate in her life as a memory to him.
THE PRESIDENT: Senator Volker.
SENATOR VOLKER: Madam President,
colleagues, it's always difficult in these
kind of situations when we're dealing with,
obviously, the husband of a colleague.
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But in my case, I actually knew Ed
Rath before Mary Lou did, because Ed's father
and my father were very close friends. Ed
Rath's father was the first county executive
of Erie County. And his father was a
character. You could say that Ed was a little
bit of a character too.
I've known him since I was younger
and he was younger. I always considered him
one of the most brilliant men that I ever
knew. In fact, if you look at his
accomplishments, they are so broad and so
diversified and in so many areas.
Late years, the thing that I
remember most about Ed Rath was that he was
one of the officials at hockey games and
football games, even though he wasn't. He had
this bellowing voice, and he'd get so upset at
some of the officials.
In fact, he -- every time that the
Bills, Buffalo Bills would go into a prevent
defense and they'd score a touchdown, he'd
yell out, "There goes your prevent defense."
I can still remember it.
The lawyers, by the way, considered
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him and his courtroom -- and at his funeral,
several of the most prominent lawyers in
Buffalo said that his courtroom was considered
to be one of the class courtrooms, in that he
was all business and yet he was kind to the
witnesses and tried to make sure that everyone
understood that in his courtroom, justice was
going to be met out.
In fact, the teachers decision that
was talked about, which was a historic
decision on a contract -- frankly, a botched
contract by the school board in Buffalo -- and
Ed, who had very opinions, was very reluctant
to rule in favor of the teachers because it
was clearly a botched contract.
But he told me and called me and
talked about it, and I know he talked at great
length with Mary Lou. "What was I going to
do?" he said. "It was the right thing to do."
And botched or not, the law and justice said
that it had to be upheld. And he did.
That was the kind of man he was.
He was very, I know, very kind to Mary Lou.
He had very strong opinions, however. And
there were times when Mary Lou would say to me
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"He didn't like my vote, he didn't like my
vote." I said, "Well, Mary Lou," I said,
"that's the way it is." And he always
expressed himself.
But his kids were very devoted to
him. In fact, my wife, at the funeral, Mary
Lou, remarked at how one of your daughters
looked so much like Ed and the other daughter
looked so much like you.
He was a warm father, a fine
gentleman, a great lawyer, and one of the best
judges I think that we ever had in Buffalo.
And I can assure you that he will be very
missed, Mary Lou, as I know obviously you will
miss him to a great extent.
But I also want to pay a little
tribute to you, very quickly. Because I think
my colleagues here don't realize how long the
process was. And she knew for a long, long
time that Ed -- how bad Ed was.
And I tip my hat to you, Mary Lou,
because you juggled the pain, your children,
Ed, and this house here in a way that I don't
think I could ever have done. And my tribute
to you also, as well as to Ed.
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THE PRESIDENT: Senator Maziarz.
SENATOR MAZIARZ: Thank you very
much, Madam President. I too want to rise and
add my condolences.
Judge Rath was a great man. I knew
him for a long time. Not certainly, clearly,
as long as Senator Volker. But I remember
when I was very young, first getting started
in politics and very active in Erie County
campaigns, Judge Rath seemed to be at every
campaign meeting -- this, of course, was
before he was elected to the judiciary -- and
was extremely active.
And as Senator Volker pointed out,
I don't attend many professional sporting
events, but I don't think there was a hockey
game or a Buffalo Bills game that I was ever
at that I did not see Judge Rath.
And Senator Volker is absolutely
right, he was always complaining about some
official's call, and you could always bet that
that call went against the Sabres or the
Bills, because Judge Rath knew that they could
make no mistakes, those two teams.
The teachers contract which was
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mentioned in the resolution was not a very
popular decision in the city of Buffalo. I
think Judge Rath probably got more than his
share of criticism on the talk radio shows
during that particular time. But as Senator
Volker clearly pointed out, in the long run it
was clearly the right thing to do. And Judge
Rath, with no concern for what public opinion
was or would be, knew that he had to do the
right thing.
I have some very close and personal
friends who work in the judiciary in Western
New York. And when Judge Rath was sick, one
of them said to me: There was an individual
who, every time he walked in that courtroom,
he always had a smile on his face, would
always stop and talk to all the members of the
staff and would share, usually cookies or cake
or candy with them, always had a joke to tell.
One of them who was extremely close
to me, Mary Lou, said to me: "Judge Rath was
a person who never, ever had a bad day."
Thank you, Madam President.
THE PRESIDENT: Senator
DeFrancisco.
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SENATOR DeFRANCISCO: Just about
everything has been said. But I really want
to rise.
Unfortunately, I was never -- never
had the occasion to appear before Judge Rath,
even though I practiced in various areas
throughout the state. But what I loved about
him was my relationship with him when he would
come to Albany for various occasions.
And I could say one thing. He
always told you what he stood for, he never
minced words, and what you saw is what you
got.
And I guess the best compliment I
could give to anyone is to be true to
yourself, and he was. He made decisions the
way he saw them. And he was genuinely a good
man. And we're all going to miss him.
THE PRESIDENT: Senator
Stachowski.
SENATOR STACHOWSKI: I too would
briefly like to add my comments on this
resolution.
I'll stay away from the
professional area, not being a lawyer. But I
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know about Judge Rath's professionalism and
the good judge that he was, having met with
him a few times with the Supreme Court
justices, as we do.
But I had the opportunity to share
a lot of those sporting events with him. And
I'm a season ticketholder at the Sabres, as he
was, and I'm a season ticketholder at the
Bills, as he was.
But there's an organization that he
and I belonged to that most of these other
folks didn't have an opportunity to, or didn't
care to. In Buffalo they have one of the
longest-standing Quarterback Clubs, which is a
group of businessmen and, actually, now
there's a lot of just people that are
interested in the Bills that come to these
luncheons every Monday. And people from the
Bills are always there.
And besides letting the officials
know what he thought of various calls that
they made, the judge was also a frequent
person to rise and let the general manager
know if he had dropped the wrong player or
picked up the right guy or made the wrong call
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to send a message back to the coach.
And it was always enjoyable. And
no matter if the Bills won or lost, he was
always there, at not only the game but at the
Quarterback Club. And whether they broke his
heart or they made him happy, he was always
one of their number-one fans.
And I think, as I said to Mary Lou
about a week ago, that -- you know, Mary Lou
said to me he got his Syracuse team in, and
they'd won. And I said, "Well, now he's in a
better position than ever to help the Bills
win the Superbowl and the Sabres win the
Stanley Cup than he ever was in before."
And hopefully this will be our
year.
(Laughter.)
THE PRESIDENT: Senator Nozzolio.
SENATOR NOZZOLIO: Thank you,
Madam President.
I rise to offer my condolences to
Mary Lou and to add to the sentiments
expressed this afternoon.
During the 16 years I was first
here in Albany, I had roommates from Buffalo,
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first Bill Paxon and then Tom Reynolds and, as
such, got to know Eddie during the course of
those years.
But what I'd like to just briefly
describe today is an observation made that I
think says a lot about the relationship that
Ed and Mary Lou had.
Mary Lou and I served as delegates
to the national convention, the Republican
National Convention in 1996 in San Diego. We
both served from our area. And coming back
one evening from dinner, a lengthy car ride,
my wife, Rosemary, and I in the front seat,
and Mary Lou and Eddy in the back seat -- and
it was a ride that lasted over an hour. I
think the driver got lost a couple of times.
But during that ride my wife,
Rosemary, turned to the back seat and said to
Mary Lou and Ed: "You guys are just like a
couple of teenagers," in a most affectionate
way. Because they were laughing and joking
and just fooling around like a lovely couple
does.
And I think that comment said a lot
about the wonderful relationship Ed and Mary
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Lou had. That obviously, it was obvious to
us, it was obvious to everyone, that Ed loved
Mary Lou very, very much. And I think that
certainly is as much that can be said about
such a fine man.
Thank you.
THE PRESIDENT: The question is
on the resolution. All in favor please
signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Rath.
SENATOR RATH: Madam President
and my colleagues, friends all, on behalf of
the Rath family, thank you for your kind
words.
Senator Volker, other colleagues
from Western New York and all over the state
who have come to know Eddie and my family in
one way or another, your kindness and notes
and mementoes and various kinds of activities
in the last several months have been
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wonderfully helpful and supportive. The
prayers have strengthened all of us.
And Eddie loved the law and loved
government, and he served for a short time
here, with Walter Mahoney. He was one of the
young legal aides right out of school, served
for six months or a year or so here. Loved
the Senate and loved everything to do with the
government of the State of New York. Argued
about what went on, what he didn't like and
what he did like and what he thought we were
doing wrong and how we could do it better.
And anyone who said that the
Legislature and the judiciary don't talk, I
would say to them, "No, Eddie and I haven't
spoken for 16 or 17 years. Certainly never at
home would we ever talk about any of these
items." And anyone who believed that would
probably have bought a bridge from me that was
probably in need of repair.
But again, thank you all for all
you've said.
And to those of you who commented
about Eddie's loud and vociferous comments at
the football games and at the hockey games, I
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would only tell you when the officials were
wrong, it made him angry because he wanted it
to be a fair playing field for everyone out
there, whether it was the hockey arena or the
football field or the baseball field. He
didn't want the officials to give anyone an
advantage. He wanted the athletes to be able
to perform and win on their own, just like he
wanted to see happen in his courtroom.
It was a wonderful 44 years. Not
34 years, 44 years. I told one of my staff,
"No, don't make the correction." It just, you
know, it helps me a lot if people think --
but, you know, after a while people kind of
figured out that it was incorrect.
But again, thank you for all of
your kindness. And I would say to Eddie,
wherever you are: This would have been your
chance to shine down. So maybe he'll send us
some sunny weather and we can know that Judge
Rath has had the final word.
Thank you all.
(Standing ovation.)
THE PRESIDENT: The resolution is
adopted.
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And I would be remiss, Mary Lou, if
I didn't add that having known your husband as
a colleague of his on the State Supreme Court
bench, he was truly a man of warmth, wit, and
wisdom. But what always struck all of us
about him was the balance of his gifts. And
the greatest gift to him, I know, was always
you. Our deep condolences.
Senator Bruno.
SENATOR BRUNO: Madam President,
I'd ask for an immediate meeting of the EnCon
Committee in the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the EnCon Committee in
the Majority Conference Room.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time adopt the Resolution
Calendar, with the exception of 1854.
THE PRESIDENT: All those in
favor of adopting the Resolution Calendar,
with the exception of 1854, please signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
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(No response.)
THE PRESIDENT: The Resolution
Calendar is adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up Resolution Number
1854, by Senator DeFrancisco, have the title
read, and move for its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution Number
1854, honoring the seventh- and eighth-grade
students of the Soule Road Middle School in
Liverpool, New York, for their participation
in the 50th Senate District "Good News! Good
Kids!" Youth Responsibility Program.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Thank you
very much.
I rise to commend the seventh- and
eighth-grade classes of Soule Road Middle
School, who are in the gallery, as part of the
"Good News! Good Kids!" program, the last of
3175
our groups to come here this session.
And as we say each time, that there
are good kids and it's good news that there
are. Unfortunately, we don't hear too much
about the good news, only the bad things.
These young people basically have
reached out to the community and taken on a
responsibility for Onondaga Lake Park, which
was a park that got devastated in some storms
and also maybe wasn't kept up as much as it
could be. This group took it upon themselves
to be responsible for that and volunteered on
many, many occasions, on a regular basis, to
clean the park so it would be much more
beautiful and usable by the people in our
community.
So there are good kids, there is
good news, and we thank the children from
Soule Road Middle School. And someday they
may be one of the judges that we've been
talking about, or a senator, or something
better with their lives.
And this is the start, being
responsible for yourself and others. And we
commend you for your civic responsibility.
3176
THE PRESIDENT: All in favor of
Resolution 1854 please signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
can we at this time take up the
noncontroversial reading of the calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
219, by Senator Hoffmann, Senate Print 2836,
an act to amend the Agriculture and Markets
Law, in relation to inclusion.
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, 60.
THE PRESIDENT: The bill is
3177
passed.
THE SECRETARY: Calendar Number
277, by Senator Skelos, Senate Print 2407, an
act to amend the Civil Practice Law and Rules,
in relation to the time to take an appeal.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
457, by Senator DeFrancisco, Senate Print
3428, an act to amend the Criminal Procedure
Law, in relation to peace officers employed by
Syracuse University.
SENATOR LIZ KRUEGER: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
486, by Senator Larkin, Senate Print 2596, an
act to authorize the Monroe-Woodbury Central
School District to finance a deficit.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 8. This
3178
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
558, by Senator Johnson, Senate Print 3996, an
act to amend the Parks, Recreation and
Historic Preservation Law, in relation to the
regulation of vessels and water sports
adjacent to parks.
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, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
560, by Senator Maziarz, Senate Print 4795, an
act to amend the Navigation Law, in relation
to vessel speed.
3179
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
1. Senator Farley recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
567, by Senator Maziarz, Senate Print 930A, an
act --
SENATOR LIZ KRUEGER: Lay it
aside.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
569, by Senator Volker, Senate Print 2326, an
act to amend the Environmental Conservation
Law, in relation to hunting deer and bear in
the Southern Tier.
SENATOR VOLKER: Madam President,
3180
would you lay that bill aside for the day,
please.
THE PRESIDENT: The bill is laid
aside for the day at the request of the
sponsor.
THE SECRETARY: Calendar Number
573, by Senator Marcellino, Senate Print 4131,
an act to amend Chapter 122 of the Laws of
2000, amending the Environmental Conservation
Law.
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, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
581, by Member of the Assembly O'Connell,
Assembly Print Number 7127, an act to amend
Chapter 457 of the Laws of 2001 relating to
authorizing the town board of the Town of
North Hempstead.
3181
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
635, by Senator McGee, Senate Print 3464, an
act to amend the Highway Law, in relation to
designating a certain rest area along the
state highway system.
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, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
648, by Senator Golden, Senate Print 3962, an
3182
act --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
676, by Senator Flanagan, Senate Print 4005,
an act to amend Chapter 69 of the Laws of
1992, amending the Education Law and the
Transportation Law.
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, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
692, by Senator Robach, Senate Print 4126, an
act to amend the Civil Service Law, in
relation to resolution of disputes.
THE PRESIDENT: Read the last
section.
3183
THE SECRETARY: Section 3. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
736, by Senator Bonacic, Senate Print 986, an
act to amend the Education Law, in relation to
allowing for prorated refunds.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President.
THE PRESIDENT: To explain your
vote?
SENATOR DUANE: Yes.
I took a careful look at this bill,
and I just -- I can't help but to be struck
3184
that if I passed away, that my spouse would
not be entitled to get the refund. So I would
like to be recorded in the negative.
Thank you, Madam President.
THE PRESIDENT: You will be so
recorded as voting in the negative, Senator
Duane.
The Secretary will announce the
results.
Senator Farley, to explain your
vote?
SENATOR FARLEY: No, on the other
vote. I want to change my vote.
THE PRESIDENT: We have to
announce the results first.
The Secretary will announce the
results of the bill that was just voted on.
THE SECRETARY: Ayes, 59. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
THE PRESIDENT: You're welcome.
3185
SENATOR FARLEY: My next-door
neighbor gave me the wrong scoop on this bill.
(Laughter.)
SENATOR FARLEY: I now want to
vote up on the bill, on 560.
Senator DeFrancisco gave me good
advice on the bill.
THE PRESIDENT: Without
objection -- is there any objection? --
Senator Farley, you will be so recorded as
voting in the affirmative on said bill,
Calendar 560.
SENATOR FARLEY: Thank you, Madam
President.
THE PRESIDENT: The Secretary
will continue to read.
THE SECRETARY: Calendar Number
737, by Senator LaValle, Senate Print 1560A,
an act to amend the Education Law, in relation
to requirement for a license.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
3186
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
778, by Senator Saland, Senate Print 1279, an
act to amend the Insurance Law and the General
Obligations Law, in relation to the use of
lands for recreational activities.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
784, by Senator Seward, Senate Print 4454A, an
act to amend the Insurance Law, in relation to
requirements for incorporation of stock or
mutual insurance companies.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
789, by Senator McGee, Senate Print 2861, an
act to amend the Vehicle and Traffic Law, in
3187
relation to requiring suspension and
revocation.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 59. Nays,
2. Senators Duane and Montgomery recorded in
the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
792, by Senator McGee, Senate Print 4869, an
act to amend the Vehicle and Traffic Law, in
relation to driving while intoxicated.
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
801, by Member of the Assembly DelMonte,
Assembly Print Number 6217, an act to amend
3188
the General Municipal Law, in relation to
establishing.
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, 60. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
803, by Senator Bonacic, Senate Print 4443, an
act to amend the --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
804, by Senator Marchi, Senate Print 4478, an
act to amend Chapter 171 of the Laws of 2002
relating to authorizing.
THE PRESIDENT: Read the last
section.
3189
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
848, by Senator Seward, Senate Print 1444, an
act to amend the State Finance Law, in
relation to matching funds.
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, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
864, by Senator Fuschillo, Senate Print 4000,
an act to amend the Education Law, in relation
to university-related economic development
3190
facilities.
SENATOR MONTGOMERY: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
887, by Senator Hoffmann, Senate Print 3596,
an --
SENATOR SCHNEIDERMAN: Lay it
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
891, by Senator DeFrancisco, Senate Print
4405, an act to amend the Vehicle and Traffic
Law and the State Finance Law, in relation to
creating.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
3191
passed.
THE SECRETARY: Calendar Number
898, by Senator Marcellino, Senate Print 805,
an act to amend the Penal Law, in relation to
criminally negligent homicide.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first of January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
968, by Senator LaValle, Senate Print 1664B,
an act to amend the Town Law, in relation to
authorizing.
SENATOR MORAHAN: Lay it aside
for the day, please.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
970, by Senator Nozzolio, Senate Print 1934,
an act to amend the Real Property Tax Law, in
3192
relation to exempting certain real property.
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, 61.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
973, by Senator Breslin, Senate Print 2593, an
act to amend the Local Finance Law, in
relation to providing for a period of probable
usefulness.
THE PRESIDENT: There is a
home-rule message at the desk.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 61.
THE PRESIDENT: The bill is
passed.
3193
THE SECRETARY: Calendar Number
993, by Senator Balboni, Senate Print 4160, an
act to amend Chapter 269 of the Laws of 1866
relating to the incorporation of Rescue Hook
and Ladder Company Number One of Roslyn.
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, 61.
THE PRESIDENT: The bill is
passed.
Senator Morahan, that completes the
noncontroversial reading of the calendar.
SENATOR MORAHAN: Madam
President, could we now have the controversial
reading of the calendar.
THE PRESIDENT: The Secretary
will read.
SENATOR MORAHAN: And could we
start with Calendar 778.
THE PRESIDENT: The Secretary
will read Calendar 778.
3194
SENATOR MORAHAN: Madam
President, why don't we start with the regular
order, and then I'll break for 778 when
Senator Saland returns.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
277, by Senator Skelos, Senate Print 2407, an
act to amend the Civil Practice Law and Rules,
in relation to the time to take an appeal.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 60. Nays,
1. Senator Duane recorded in the negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
457, by Senator DeFrancisco, Senate Print
3428, an act to amend the Criminal Procedure
Law, in relation to peace officers --
SENATOR LIZ KRUEGER:
3195
Explanation.
THE PRESIDENT: Senator
DeFrancisco, an explanation has been
requested.
SENATOR MORAHAN: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
567, by Senator Maziarz, Senate Print 930A, an
act to amend the Environmental Conservation
Law, in relation to reducing.
SENATOR LIZ KRUEGER:
Explanation.
THE PRESIDENT: Senator Morahan,
an explanation has been requested.
SENATOR MORAHAN: Lay it aside
temporarily.
THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
648, by Senator Golden, Senate Print 3962, an
act to amend the Penal Law, in relation to
criminal use of public records.
SENATOR SCHNEIDERMAN:
3196
Explanation.
THE PRESIDENT: Senator Golden,
an explanation has been requested.
SENATOR GOLDEN: Thank you, Madam
President.
This bill would make using public
records for the purpose of committing a crime
a Class E felony.
The Freedom of Information Law is
just one example of the strength of our
government. And people -- people may gain
access to government records so that they may
participate in a dialogue of a representative
government.
When the law is abused by
individuals who use information gained by
FOILing it to commit crimes, it places our
system of government in jeopardy.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Madam President, if the sponsor
would yield for a question.
THE PRESIDENT: Senator Golden,
will you yield for a question?
3197
SENATOR GOLDEN: Yes, I do.
THE PRESIDENT: You may proceed,
Senator.
SENATOR SCHNEIDERMAN: There was
a fairly lengthy debate on this bill last
year. And I was just wondering, has this bill
been modified in any respect in view of the
issues raised last session?
SENATOR GOLDEN: I don't believe
so. I believe the -- some of the debate was
over trying to identify a situation where this
identity theft would be used, and I think the
debate went back and forth as to a scenario
that wasn't a real scenario.
SENATOR SCHNEIDERMAN: Thank you.
Through you, Madam President, on the bill.
THE PRESIDENT: You may proceed,
Senator.
SENATOR SCHNEIDERMAN: I think
that the concern that was expressed by many of
us last year is still a valid concern. And
that is, this legislation in fact is much
broader than what it purports to be.
It states that a person is guilty
of criminal use of public records when he or
3198
she uses any record or information derived
from any record in the course of or in
furtherance of the commission of a crime.
Any misdemeanor, any minor
infraction that uses a public record. And the
scenario that was discussed was if a minor
uses a driver's license, which is a public
record, to get in to drink unlawfully, that
becomes a Class E felony.
And it seems to me that this
statute could easily be modified, as we
pointed out last year, to deal with this
problem and to ensure that its purpose, which
is to penalize the wrongful use of public
records for criminal activity in an
appropriate manner, is not used as an excuse
by some overly aggressive prosecutor to extend
penalties where they really don't belong.
That was the concern last year. I
don't understand why it has not been remedied
this year. I would suggest that if we want to
move this bill forward and pass it in both
houses that that would be a prudent course to
follow.
Until that issue is addressed, I
3199
think it's overly broad and criminalizes and
makes felonies out of a lot of things that
shouldn't be felonies.
I'm going to continue to vote no.
I do hope that before we see it again the
modifications called for last year will be
made.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard on this bill?
Then the debate is closed.
Read the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 648 are
Senators Andrews, Brown, Connor, Diaz, Dilan,
Duane, L. Krueger, Lachman, Montgomery,
Onorato, Parker, Paterson, Schneiderman,
A. Smith, and Stavisky. Ayes, 47. Nays, 15.
THE PRESIDENT: The bill is
passed.
3200
Senator Morahan.
SENATOR MORAHAN: Yes, Madam
President. Could we take up now Calendar 778,
by Senator Saland.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
778, by Senator Saland, Senate Print 1279, an
act to amend the Insurance Law and the General
Obligations Law, in relation to the use of
lands for recreational activities.
SENATOR SCHNEIDERMAN:
Explanation.
THE PRESIDENT: Senator Saland,
an explanation has been requested.
SENATOR SALAND: Thank you, Madam
President.
Madam President, this is a bill
that we have seen on at least two or perhaps
three prior occasions in this chamber. It has
basically two components.
The first portion of the bill would
require the Superintendent of Insurance to
perform a review and report back to the
Legislature really on the balance of the bill.
3201
And the balance of the bill
attempts to limit liability of landowners by
way of the existing sections of 9103 of the
General Obligations Law by expanding those
particularly enumerated, I believe some 18 or
19 enumerated recreational activities for
which the use of those properties currently,
where permission is provided, a landowner will
be free of liability, barring either some
willful or malicious act or some charge for
services or the use of the property.
What this does is to say that
instead of being exclusively limited to those
19 or 18 specific items -- and I'm looking at
the bill now on page 2, and just things such
as canoeing, boating, trapping, hiking. It
goes on. It says "any recreational use,
including but not limited to," so as to
encourage greater recreational use of
properties.
And what this is all about is to
encourage people who own land privately to
permit others to make use of those lands.
It's certainly consistent with the
ideas of the Hudson Valley Greenway, and it's
3202
certainly consistent with the desire to give
greater access for purposes of recreation to
properties throughout all regions of this
state, and to encourage that by way of
assuring people that should they be so
inclined -- as long as, again, they're not
malicious or willful in failing to advise
people of conditions on their property or,
secondly, if they're not charging -- that they
should rest comfortably, knowing that they
will not be held liable.
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. If the sponsor would yield
for a question.
THE PRESIDENT: Senator Saland,
do you yield?
SENATOR SALAND: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator.
SENATOR SCHNEIDERMAN: I just
want to make sure that I understand correctly.
My reading of this bill is that
3203
someone who opens their property to the public
would bear no responsibility if their
negligent behavior caused injury, but someone
who posts a sign saying "No Trespassing, Keep
Out" would not receive such immunity?
SENATOR SALAND: No. If you read
the language on line 6 of page 2, it says
"whether or not posted."
So there are circumstances under
which a person who posted would have the
ability, apparently, to claim freedom from
that liability.
SENATOR SCHNEIDERMAN: Through
you, Madam President, if the sponsor would
continue to yield.
THE PRESIDENT: Senator?
SENATOR SALAND: Yes, Madam
President.
THE PRESIDENT: You may proceed,
Senator Schneiderman.
SENATOR SCHNEIDERMAN: The
language that raises this concern is actually
further down the page, where it states in
Section B, I guess it starts at line 18, that
an owner who gives permission to another to
3204
pursue any such activities does not thereby
enter into these obligations.
And I would take it that someone
who posts "No Trespassing, Keep Out" does not
give permission and therefore would not get
the benefits of this section of the statute.
SENATOR SALAND: Absent that
owner agreeing to relinquish the benefit of
his posting, the property could still be
posted if the owner or principal were willing
to relinquish it. It's the only way I can
make consistent the provisions of A and B.
Otherwise, posting certainly
prevails. It would require an affirmative act
of the owner.
SENATOR SCHNEIDERMAN: Through
you again, Madam President, so if -- I think I
understand. But if there was a "No
Trespassing" sign posted, the owner would have
to have some other statement that overcame
that in order to take advantage of this
immunity.
SENATOR SALAND: Correct.
Correct.
SENATOR SCHNEIDERMAN: Thank you.
3205
Through you, Madam President, I --
Madam President, on the bill, actually. I'll
try and speed things up.
THE PRESIDENT: You may proceed
on the bill.
SENATOR SCHNEIDERMAN: Well,
thank you.
THE PRESIDENT: You're welcome.
SENATOR SCHNEIDERMAN: I think
that there are two problems I have with this
bill.
The one is that it relieves
liability for negligence under circumstances
that I think there's no justification for
relieving.
This is a situation in which, if
someone had property that they open up to the
public that had an old bridge made of rope and
wood that got worn out over the years and was
visibly rotting, and yet that person took no
steps to correct the damage, they would be
immune from liability.
The second -- and I think this is
really more of a drafting problem -- is what
I've just pointed out to the sponsor, that
3206
this bill has the perverse effect of
penalizing someone who knows there's a danger
on their property and puts up a sign saying
"No Trespassing. Keep Out. Dangerous." That
person is not -- and in the language of the
bill, again -- giving permission to another to
pursue such activities upon such premises.
And by that action, by the
responsible landowner trying to keep people
away from something dangerous, they don't get
the benefits of immunity.
The irresponsible landowner who
doesn't post a sign or says, you know, open to
public for all activities, gets the immunity.
I don't understand how that can possibly be
deemed just.
So I don't think this bill is going
to become law this year. And I, again, would
hope that we can work on the drafting of it
before we revisit it in another session.
Thank you, Madam President.
THE PRESIDENT: Does any other
member wish to be heard?
Then the debate is closed.
Read the last section.
3207
THE SECRETARY: Section 3. This
act shall take effect on the 180th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 778 are
Senators Andrews, Breslin, Brown, Connor,
DeFrancisco, Dilan, Duane, L. Krueger,
Lachman, Montgomery, Morahan, Onorato, Parker,
Paterson, Sabini, Sampson, Schneiderman,
A. Smith, M. Smith, and Stavisky. Ayes, 42.
Nays, 20.
THE PRESIDENT: Senator Sabini,
to explain your vote?
SENATOR SABINI: Madam President,
actually, I'd like unanimous consent to have
my vote recorded --
THE PRESIDENT: We'll finish the
vote first.
The bill is passed.
Senator Sabini.
SENATOR SABINI: I'd like to ask
unanimous consent to be recorded in the
negative on Calendar 648, S3962. I was in
Environmental Conservation.
3208
THE PRESIDENT: You will be so
recorded, hearing no objection, as voting in
the negative.
SENATOR SABINI: Thank you.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Request
unanimous consent to vote in the negative on
Calendar 277, Senate 2407.
THE PRESIDENT: You will so
recorded, hearing no objection, as voting in
the negative.
Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I may have unanimous consent to
be recorded in the negative on Calendar Number
573.
And I would like to change my vote
to the affirmative on Calendar Number 804.
Senator Maziarz gave me some bad advice.
Thank you, Madam President.
(Laughter.)
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative on the former bill and in the
3209
affirmative on Bill 804.
Senator Malcolm Smith.
SENATOR MALCOLM SMITH: Thank
you, Madam President. I request unanimous
consent to be recorded in the negative on
Calendar Number 648.
THE PRESIDENT: Without
objection, you will be so recorded as voting
in the negative.
Senator Parker, I believe, was
first.
SENATOR PARKER: Yes, Madam
President. I'm rising to request unanimous
consent to be recorded in the negative on
Calendar Numbers 277 and 648.
THE PRESIDENT: You will be so
recorded, hearing no objection, as voting in
the negative on both of said bills.
Senator Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President. I too would like to be
recorded in the negative on Calendar Number
648 and on Calendar Number 778.
THE PRESIDENT: Since we hear no
objection, you will be so recorded as voting
3210
in the negative on both of those bills.
SENATOR HASSELL-THOMPSON: Thank
you, Madam President.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Thank you,
Madam President. I request unanimous consent
to be recorded in the negative on Calendar
Number 648, Senate 3962.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the negative.
SENATOR BRESLIN: Thank you.
THE PRESIDENT: Senator Diaz.
SENATOR DIAZ: Thank you, Madam
President. I also will request unanimous
consent to change my vote. I'm joining my
colleague in saying that I was ill-advised. I
want to change my vote on 648 to yes.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the affirmative.
Senator Morahan.
SENATOR MORAHAN: Can we return
to the calendar, 567.
THE PRESIDENT: The Secretary
3211
will read.
SENATOR DUANE: Madam President.
THE PRESIDENT: Senator Duane.
SENATOR DUANE: Thank you, Madam
President. If I could also have unanimous
consent to change my vote on Calendar Number
789 from no to yes.
THE PRESIDENT: Hearing no
objection, you will be so recorded as voting
in the affirmative on said bill.
Senator Brown.
SENATOR BROWN: Thank you, Madam
President. I request unanimous consent to be
recorded in the negative on Calendar 277.
THE PRESIDENT: Without
objection, you will be so recorded as voting
in the negative.
The Secretary will read.
THE SECRETARY: Calendar Number
567, by Senator Maziarz, Senate Print 930A, an
act to amend the Environmental Conservation
Law, in relation to reducing.
SENATOR LIZ KRUEGER:
Explanation.
SENATOR SCHNEIDERMAN:
3212
Explanation.
THE PRESIDENT: Senator Maziarz,
an explanation has been requested.
SENATOR MAZIARZ: Thank you,
Madam President.
Madam President, this legislation
lowers the age from 14 to 12 for the
requirement to obtain a junior archery
license.
By lowering the age to 12, we are
keeping the minimum age consistent with
obtaining a junior small game license. A
junior archery license allows the holder to
hunt with a longbow during both archery and
regular hunting seasons.
An individual who has a junior
archery license must be accompanied by a
parent or legal guardian or by a person over
the age of 18 years of age who has had at
least one year's experience in hunting by
longbow, and such person also must be required
to hold a license to hunt big game.
Thank you, Madam President.
THE PRESIDENT: Senator Krueger.
SENATOR LIZ KRUEGER: Madam
3213
President, if the sponsor would yield.
THE PRESIDENT: Senator, will you
yield?
SENATOR MAZIARZ: Yes, Madam
President.
THE PRESIDENT: You may proceed.
SENATOR LIZ KRUEGER: Senator
Maziarz, you know 12-to-14-year-olds and the
maturity level of that age group.
SENATOR MAZIARZ: Yes, I do.
Yes, I do.
SENATOR LIZ KRUEGER: Madam
President, if, through you, the sponsor would
continue to yield.
THE PRESIDENT: Senator, do you
yield?
SENATOR MAZIARZ: Yes, Madam
President.
THE PRESIDENT: You may proceed
with a question.
SENATOR LIZ KRUEGER: Senator, I
know 12-to-14-year-olds. I think all of us in
this room know 12-to-14-year-olds. It is not
a very mature group. It is a group of young
people, children, who have no sense of their
3214
own mortality, have no sense of danger, and,
in fact, one would argue, if you've ever
talked to a junior high school teacher, are to
some degree the least responsible age group.
Not as a criticism of them, simply the reality
of being 12, 13 years old.
Why would we want to put 12- and
13-year-olds into situations that can be
dangerous for themselves and dangerous for
others around them with weapons?
SENATOR MAZIARZ: Madam
President, to answer that question, I know
many 12-, 13-, or 14-year-olds that are very
mature and are very responsible. They're good
people.
Most of the states around us,
Pennsylvania, allow junior archery licenses,
hunting licenses at the age of 12. I think
it's part of the maturing process. I think
it's part of growing up, particularly in some
of the upstate and rural communities in
New York State, Senator.
SENATOR LIZ KRUEGER: Thank you.
Madam President, on the bill.
THE PRESIDENT: You may proceed.
3215
SENATOR LIZ KRUEGER: Thank you.
I have to disagree strongly with my
colleague Senator Maziarz. Twelve-, 13-, and
14-year-olds may be terrific people and will
grow up to be fine adults, we hope, if they
have the chance to grow up to be adults.
Putting them into the woods in dangerous
situations with a bow and arrow in areas where
other people have guns, with animals that can
be dangerous -- bears, for example -- is not
going to encourage their ability to grow and
develop into the adults we want them all to
be.
I was so disturbed about your bill
that I did some homework on the data around
hunting by young people. From 1989 to 1998,
the highest percentage age group for two-party
casualties from hunting in this country,
21 percent of all casualties came from people
hunting between the ages of 10 and 19. The
federal government doesn't break it down to 12
to 14.
But 21 percent of the what they
call two-party casualties -- meaning one
hunter is hurt by another hunter or someone in
3216
the woods is hurt by someone else with a
weapon -- was by young people.
More disturbing, self-inflicted
casualties among hunters between the ages of
10 and 19 were 31 percent of all casualties,
even though the percentage of hunters who are
10 to 19 is extraordinarily small. And yet
they represent, for self-inflicted casualties,
31 percent of injuries; for casualties to
others -- we're not talking about animals --
to people, 21 percent.
The highest reason for an injury in
hunting is that the victim is out of sight,
the accidental hitting of someone else with
your bow and arrow or your gun is the victim
is out of sight.
Well, with all due respect, 12- and
14-year-olds, 12- and 13-year-olds are short,
so they have a smaller range of vision than
others, increasing the likelihood that they
will do harm to others or have harm done to
them, because they are small animals in the
woods themselves in the context of taller
adult hunters shooting at animals.
Again, the behavior of 12-year-olds
3217
is not the behavior of an adult. Or a
13-year-old. They don't have a sense of
mortality, they don't have a sense of danger,
they don't have the true sense of
responsibility that would be needed to handle
what can be dangerous weapons.
And while at first I thought, well,
bears, deer -- deer don't tend to attack
people, bears do -- the fact is if you're out
in the woods hunting, you might be hunting
deer but be approached by or attacked by bear.
And in fact, there was a recent
story of exactly that situation. It was not
in New York, but it was the end of year 2000
where a man and his son were hunting deer with
bow and arrow, the son was separated from the
father, the bears showed up -- they weren't
the planned hunting animal, but they showed up
anyway in the same woods -- and they batted
the bow and arrow out of the son's hands and
then mauled the young man.
When you're small, when you're 12
and 13 years old, you are at much greater risk
of being harmed even by animals that you're in
a hunting situation with.
3218
You had another bill today that
talked about allowing 16-year-olds to
participate at bingo parlors, I believe.
16-year-olds should stay in bingo parlors;
12-to-14-year-olds should not be in the woods
hunting with bows and arrows or with guns.
They put themselves at risk, they put others
at risk.
Past 14 is old enough to start
learning about hunting, if that is what you
and your family desire. I really urge this
Legislature not to change this law and give
the rights to 12-and-13-year-olds to handle
dangerous weapons in a hunting situation.
They are not old enough to take on this
responsibility or this danger for themselves.
Thank you very much.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Madam
President, on the bill.
THE PRESIDENT: You may proceed.
SENATOR MARCELLINO: Following
the logic of my colleague on the other side,
we should ban short people from hunting. For
3219
any age.
(Laughter.)
SENATOR LIZ KRUEGER: I could
support that bill.
(Laughter.)
SENATOR MARCELLINO: I mean, it's
patently silly.
The bill requires an education
program. The bill requires the young people
to go out, never alone, only with an adult.
The bill does not allow for them to be put in
dangerous situations.
Your culture in Manhattan, Senator,
is not the same as what goes on in the upstate
counties of this state. Imposing your own
personal prejudices -- and I mean that in
respect to the hunting and fishing and the way
of life of people in other parts of this
state -- is just not right.
In certain upstate counties, the
opening day of hunting season, they close the
schools, because everybody's out there
hunting. They're hunting with their fathers
and their mothers and their sisters and their
aunts and their uncles. That is the way it
3220
is.
Downstate it's a little different.
But so be it. I don't know which is better
and which is not better. I'm not a hunter
myself, but I do like to go out and fish. But
I do respect other people's abilities and the
way they raise their family and the way they
raise their children. And when people want to
go out and hunt, that's the way it is.
Taking a bow and arrow and teaching
a youngster the proper use of this instrument,
there is nothing wrong with that. It teaches
them discipline, it teaches them
self-awareness, it teaches them certain
abilities in the natural environment and
respect for wildlife. Because, frankly, most
hunters are the best conservationists you'll
find, you'll ever find.
Teddy Roosevelt, who lived in my
hometown, was a well-known hunter. No one
ever debated his conservationist attitudes.
One of the strongest people for conservation
and the protection of wildlife and the
protection of the wilderness and open space
that we've ever have in the presidency of this
3221
country.
To say that youngsters are just too
immature is a broad-based comment. I taught
school for twenty years. I met some very
immature teachers who I wouldn't put a rifle
or anything in their hands. And I met some
very mature youngsters who I would have gladly
had on my side in the most severe of
circumstances.
It just is not fair to say what you
say with the broad-brush, sweeping
declaration. If you are antihunting, that's
one thing. I respect that and I understand
it. I don't agree with it, but I can
understand it.
But then to try to impose your will
because you think children at the age of 14 or
12 are just too young to do that -- frankly,
under control and under the proper standards
and with proper education and with the proper
support of their adult parents, I think they
can do this without any danger, without any
threat to themselves.
Anybody can be confronted in the
wilderness with a wild animal, camping or
3222
otherwise. It doesn't matter. You don't have
to be hunting to do that. So you can't avoid
that.
But this situation does not expose
these young people to any threat or any danger
on their own. They're with their parents.
THE PRESIDENT: Senator Onorato.
SENATOR ONORATO: Madam
President, on the bill.
I commend Senator Maziarz for the
intent of the bill, but I think we've lost
track of the fact that a young person of
12 years old, to go out hunting with a bow and
arrow requires a much greater strength than an
individual shooting an animal with a rifle.
And I think that it would probably
cause a great deal of damage on behalf of the
animals that the youngster may be trying to
shoot, with not the proper strength to be able
to down it, maybe just simply wound it and
have it running through the woods. That's my
greatest concern.
I'd rather see your bill lowering
it so they can go out and do some target
practice until they become strong enough to be
3223
able to wield such a -- because it requires a
good deal of strength, because I've tried it
myself. And many times I've had a good deal
of problem exerting enough pressure to get
that arrow to travel a good distance.
So that's the part that I'm
concerned with, that they will not have enough
strength to actually bring the animal down
that they're shooting at.
THE PRESIDENT: Senator Stavisky.
SENATOR STAVISKY: Madam
President, if Senator Maziarz will yield for
just a couple of questions.
SENATOR MAZIARZ: Yes, Madam
President.
SENATOR STAVISKY: Through you,
Madam President, the legislation talks about a
junior archery license. How does one obtain a
junior archery license?
SENATOR MAZIARZ: Well, there's
a -- you have to go into either a DEC office
or a licensed agent and actually take a
hunting safety course before you can purchase
any type of hunting license. And you also
have to have a parent or guardian with you
3224
when you make the purchase.
SENATOR STAVISKY: When you make
the purchase, but not when you use the
equipment?
SENATOR MAZIARZ: Yes, yes, when
you use the equipment also.
SENATOR STAVISKY: Madam
President, if the Senator would continue to
yield.
SENATOR MAZIARZ: Yes.
SENATOR STAVISKY: In other
words, you can only hunt with a parent or a
guardian?
SENATOR MAZIARZ: Parent, legal
guardian, or by a person over the age of 18
who has had at least one year of experience in
hunting -- by longbow, in this instance -- and
such person holds a license to hunt big game.
Which means, Senator, that they
have met certain criteria; you know, obtained
their hunting license.
SENATOR STAVISKY: And there is a
test to ascertain the proficiency?
SENATOR MAZIARZ: Yes. Yes,
there is a safety course which includes a
3225
test.
SENATOR STAVISKY: It includes a
test.
SENATOR MAZIARZ: Yes.
SENATOR STAVISKY: Madam
President, on the bill very briefly.
THE PRESIDENT: You may proceed.
SENATOR STAVISKY: My concern is
the fact that a 14-year-old and an 18-year-old
can go out and start shooting, start with the
bow and arrow -- 12-year-olds, I'm sorry,
bringing down animals.
I taught also, both in the high
schools and in the junior high schools. And I
think in many cases to lower the age to 12 is
to invite disaster.
I will vote no.
THE PRESIDENT: Senator Hoffmann.
SENATOR HOFFMANN: Thank you,
Madam President.
I hasn't originally planned to
speak on this bill this year, but the debate
is just so spirited that I just can't avoid
making a couple of comments.
I am both a parent and a hunter. I
3226
also have children who have taken the hunter
safety course. I live on a farm, I live in
the country, I represent people who hunt often
and hunt with their children.
As to the issue of age, the
constituents that I represent have children
who are capable, when they live in the
country, of doing many things that are very
difficult to comprehend for city dwellers.
For instance, one day when I got a
tractor stuck in a mud bog, I asked the
neighbors if they would pull me out. They
sent the 12-year-old down to pull me out. He
was the best tractor driver in the family, and
he was also the one who was willing to get
most muddy.
It would be difficult for somebody
else to imagine a young person, a child, doing
something that involves heavy mechanical
equipment. But in places where children are
trained from a very early age to respect the
dangers, to understand the difference between
handling machinery or handling what is
referred to as a weapon, but we think of it as
a firearm, it is very, very different than a
3227
television image of life in the country.
I can pretty well guarantee that if
this measure passes, there will be no young
people hunting in either Senator Krueger or
Senator Stavisky's districts.
The issue before us deals with
archery, not with guns, and yet I listened to
statistics that seem to have no correlation to
archery at all.
As to how one uses a bow and how
one studies in the training courses, the
hunter safety courses, the use of a bow, there
is a very important element that you must
understand. There is a direct correlation on
the draw between physical strength and the way
the bow is designed. In other words, you do
not give a 60-pound test bow to a 12-year-old.
You would give a much smaller size bow to a
young person.
So this is all very scientifically
analyzed, it's carefully reviewed during the
hunter safety course. Which, by the way, is
many hours long and includes a comprehensive
test. I'll bring the book in someday for
people to see, because I think it is a
3228
fascinating exercise in conservation practices
and in safety and, most important of all, in
responsibility.
The final point that I would make
to all of my colleagues on this, those of you
who are parents know very well that there is a
fleeting moment at which we know we are still
in charge and are regarded as thoughtful,
intelligent beings by our children. That
moment passes as they enter their teen years.
When you have a 10-, 11-,
12-year-old child, you are still capable of
guiding that young person. When they're 15 or
16 or 18, Lord knows they think we no longer
have any common sense at all and they know it
all.
So this is the age, this is
precisely the right age to teach good, safe
hunting habits and personal responsibility.
THE PRESIDENT: Senator Bonacic.
SENATOR BONACIC: Thank you,
Madam President.
I also was not going to speak on
this bill, but I was enjoying the debate and I
thought I would throw my two cents in.
3229
First of all, I'd like to
congratulate Senator Marcellino for being a
Nassau guy and enunciating very well the
mindset of families that live in the upstate
region which I represent.
What I have learned -- and I'm a
city slicker, born and raised in Manhattan.
Was most of my life an Orange County
legislator, which was pretty metropolitan, and
became an upstate Senator for five years. And
I got to talk to the sportsmen and the
families that live upstate.
Number one, they hunt to feed their
families. So it's a budgetary thing.
Two, it's bonding of a father and a
son, which is extremely important to find
things to do together.
And also, this process has some
built-in protections.
But you know what struck me as you
were speaking, Senator Krueger? We now have
women that are committing prostitution at age
12. The weapons of choice are box cutters in
the schools of children starting at age 12.
So the mindset of a 12-year-old at some times
3230
is very mature and is aware.
So I would say, in conclusion, that
I trust the parents of these children to give
them self-esteem, responsibility, bonding, the
sense of taking care of family. It really
works. And for these 12-year-olds, it's the
right thing to do.
I support the legislation.
THE PRESIDENT: Senator Krueger.
SENATOR LIZ KRUEGER: Thank you.
Well, I don't know which Senator to
ask to yield to a question -- Senator
Marcellino, Senator Hoffmann, Senator Bonacic.
So I will go back to the lead sponsor, Senator
Maziarz, if he would yield.
THE PRESIDENT: Senator Maziarz,
will you yield for a question?
SENATOR MAZIARZ: Certainly,
Madam President.
THE PRESIDENT: You may proceed
with a question.
SENATOR LIZ KRUEGER: Thank you.
So I am being told that
12-year-olds and 13-year-olds in upstate
New York are different than 12- and
3231
13-year-olds in New York City. I must
disagree. I don't think that's true. I think
they have the same physical stature, the same
physical strength, the same maturity or lack
thereof of 12- and 13-year-olds anywhere.
I don't support, and I don't think
anyone here does, prostitution by
12-year-olds, although I don't think it's an
equivalent sport in my district, or box cutter
use by 12-year-olds or 13-year-olds.
But, Senator Maziarz, based on the
I guess comments of your colleagues in support
of your bill -- under their analysis, 12- and
13-year-olds can be different, parents know
best, life is different upstate -- should we
change the laws that children under 17 should
be allowed to drive if the parents think
that's the case and people under 21 can be
allowed to drink if their parents think it's
okay?
Is this all a question of if the
parent thinks that they're the right age to
handle a dangerous situation, then we should
allow that no matter how young we go with the
age?
3232
SENATOR MAZIARZ: Well, I don't
know if that was a rhetorical question or not,
Senator.
But one of the examples that you
used was should we allow individuals under the
age of 17 to drive. Senator, individuals
under the age of 17 are allowed to drive in
New York.
SENATOR LIZ KRUEGER: Sixteen,
excuse me.
SENATOR MAZIARZ: Oh, okay.
SENATOR LIZ KRUEGER: Excuse me.
SENATOR MAZIARZ: You know, I
think that the point is that there are
differing interests of 12-year-olds across the
State of New York. And it's a very diverse
state, and we have very diverse interests.
And I think my colleagues very correctly and,
I think, honestly talked about the differences
between varying areas of this state.
SENATOR LIZ KRUEGER: Thank you.
SENATOR MAZIARZ: Thank you.
THE PRESIDENT: Does any other
member wish to be heard?
Senator Connor.
3233
SENATOR CONNOR: Thank you, Madam
President.
I represent Manhattan. And,
Senator Marcellino, it's not just a Manhattan
viewpoint -- or that's not the only Manhattan
viewpoint you heard.
I started hunting when I was 13.
My grandfather and my uncles -- my father
didn't much go in for hunting. My grandfather
and uncles were great hunters. My grandfather
hunted into his nineties, lived to 104. My
uncle, my surviving uncle and all my
cousins -- something you may not know about a
city kid like me, they all drive trucks and
they all hunt and fish. I think I'm the only
one among all my first cousins that has a car
instead of a truck.
My oldest son, when he was 12, I
think he had to be -- let's see, he's -- no,
he's 15. He had to be 13 at Scout camp to
take rifle. He took rifle, got his merit
badge, got a medal from that organization that
I usually don't agree with politically. He
was very proud of it. It hangs on his wall,
big NRA medal and certificate. He also worked
3234
in Senator Liz Krueger's campaign that same
summer, or the next summer. Last summer he
got his archery merit badge and his shotgun.
My youngest boy, at 13, took
archery as well as rifle. They're kids that
people say do they fight. Yeah, they fight.
They start at about 6:00 in the morning and
they fight till they go to sleep. They're two
years apart. They can be just as 13ish and
14ish and whatever as any other kid.
But they've been trained on how to
respect firearms. They know all the rules.
This past weekend we were in the Adirondacks.
We didn't really have a chance to shoot
rifles; it was too wet. But there was a brief
dry hour or two when they shot pellet guns and
whatever.
I've trained them that they must
respect them the way they respect firearms and
anything else, that all the same rules apply.
And they are amazingly mature. They
understand the dangers.
Some of the things I've heard are
these national statistics. I believe there
were, in New York State last year, 67 hunter
3235
accidents, two fatalities. And my
recollection -- I read these statistics -- is
only about four of those accidents, all the
nonfatal ones, involved archery, bow hunting.
The fact is, it is a different
world outside of the city. And kids are
capable of handling this. They're capable of
handling a bow. Not every kid. You know,
somebody who doesn't have the strength isn't
going to qualify for a junior archery license
and they aren't going to find it very much fun
trying. But someone who can, will.
So I think we've gotten -- I think
the important thing here -- and, you know,
Senator Krueger just said, Oh, are we going to
let kids under 17 drive upstate? I think we
did that. Didn't we do that? Isn't that the
law? To or from school or work, when you're
16 upstate, you can drive.
There are different circumstances.
The fact is, I think it's a good thing to
encourage kids who are going to hunt to start
out with junior licenses where they're under
adult supervision, they're properly trained,
they're properly supervised, they spend time
3236
with their parents -- or in my case, it was my
uncles, my grandfather.
And I don't think we ought to -- we
city representatives ought to get so excited
about all this. The dangers of bears, I mean,
we started certainly hiking and camping with
our kids. I don't know, we were -- I guess
I'd have a backpack, my wife would have a
backpack with a kid in it, that's how young
they were, and we'd go on overnight camping
trips.
So were there bear there? Yeah, I
mean -- thankfully, none ever bothered us.
But you can certainly, on a camping trip,
people are assaulted by bears. Particularly
if they don't know the rules and they leave
food lying around and they don't put a bear
bag up in a tree at night or whatever, they
can be attacked by a bear.
That's a danger of the woods. It's
a danger of the wilderness. But the fact of
the matter is it doesn't have anything to do
with hunting. Believe me, during hunting
season I think the bears tend to run the other
way. They like campers. Campers have a lot
3237
of food and don't shoot at them.
So I'm going to vote yes, Madam
President.
THE PRESIDENT: Senator
Oppenheimer.
SENATOR OPPENHEIMER: I'm voting
yes because the junior license entails a
parent being with the child. And I think it's
a good opportunity for not only instruction in
safe usage of the bow and arrow, but also a
time when a father and son or a father and
daughter or a mother and daughter can actually
spend time creating a relationship, bonding
together.
I would like as many as possible to
come to Westchester, where the only way we can
kill deer is by bow and arrow. So if we can
get a lot of these youngsters to come to
Westchester, that would be very beneficial to
me, because we have a surplus of deer.
And the other point I'd like to
make is that when I was 11, 12, and 13 and
went to summer camp, I was the champion archer
in the camp. So I think even small people can
be good archers.
3238
THE PRESIDENT: Senator
Schneiderman.
SENATOR SCHNEIDERMAN: Thank you,
Madam President. Briefly on the bill.
Listen, I think we've heard a good
debate here today. I think that the only part
of it that concerns me is any sort of
imputation to people from the city that
there's any level of disrespect. And some of
the remarks I think have been somewhat
patronizing towards urban dwellers.
There's a legitimate disagreement,
I think, here. The law now says you have to
be 14. You're trying to change the law to let
12-year-olds run around in the woods with bows
and arrows during deer season and bear season,
hunting, potential for injury, potential to
injure an animal instead of killing it.
Legitimate grounds for debate.
The law uses age all the time to do
rough justice, whether it's drinking, driving,
voting, registering for the draft. It's not
perfect. There are some kids who are more
mature at some ages than others. But it's
something we do all the time.
3239
And I think that it is eminently
reasonable for some people, no matter where in
the state they happen to live, to disagree
with the contention that it's a good idea to
reduce the age from 14 to 12.
I happen to think it's a bad idea
to reduce the age limit. I'm going to vote
no. And I hope that none of my colleagues
think there is any lack of understanding or
prejudice on behalf of the people in the city
towards the wonderful children of other parts
of our state.
You know, many of us have not been
isolated on the island of Manhattan for our
entire lives. And I had one of those badges
from the National Rifle Association when I was
a kid. And I used to shoot at targets, I
didn't used to shoot at animals. And when I
was a deputy sheriff, I used to get to shoot
at the FBI targets of the people.
Fortunately, I never had to shoot at a person.
I personally am willing to give up
those rights in order that other people may
live more safely. But this is legitimate
grounds for debate, and I hope that everyone
3240
will recognize the legitimacy of the
objections of those who simply think reducing
the age to 12 is an error.
I'm going to vote no, Madam
President. Thank you.
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 PRESIDENT: Senator Maziarz,
to explain your vote.
SENATOR MAZIARZ: Thank you,
Madam President, to explain my vote on this
bill.
First, I want to just point out a
couple of things. I wanted to do this when we
were voting. Some of the statistics that were
pointed out by my colleague Senator Krueger
were really national statistics and really not
relative to New York State. I think a better
comparison would have been statistics in
states that allow 12-year-olds to hunt
archery, compared with New York.
3241
And also some of those statistics
that were quoted were for the use of firearms.
And, Senator Krueger, there is clearly a
difference between firearms and archery
equipment.
And my good friend Senator George
Onorato pointed out that sometimes it may be
difficult for a 12-year-old to pull a bow
back. The hunter/conservationist
extraordinaire on this side of the aisle,
Senator Owen Johnson, pointed out, George,
that with compound bows it makes it extremely
easy for a smaller, frail individual, or
perhaps an elderly person, to use archery
equipment.
With that, Madam President, please
record me in the affirmative.
THE PRESIDENT: You will be so
recorded, Senator.
Senator Krueger, to explain your
vote.
SENATOR LIZ KRUEGER: Thank you.
Just briefly to explain my vote.
I didn't make the argument that no
one should hunt, although Senator Marcellino
3242
thought that was the argument I was getting
at.
In fact, Senator Maziarz is
correct, the data I stated was all hunting,
guns and bows and arrows. However, when
you're in the woods hunting there are guns
around that also get shot, so it doesn't seem
to me to matter.
I will leave this body again with
the final argument, there are certain things
that you need maturity to handle. Twelve- and
13-year-olds don't have the maturity to be out
in the woods hunting bear or deer with guns or
bows and arrows. It is different to stroll
through the woods or go camping and to go and
elect to hunt animals. They respond in a
certain way, and you have your weapons.
This is the wrong thing to do. I
hope that parents out there realize that they
shouldn't let 12- and 13-year-olds hunt even
if it becomes the law of New York State.
Thank you.
THE PRESIDENT: You will be so
recorded as voting in the negative.
Senator Sabini.
3243
SENATOR SABINI: Thank you, Madam
President.
I supported this bill in committee
and am supporting it today because, while I
choose as a personal decision not to hunt
animals, I thought the bill does bring young
people under a training program and a
licensing program and demonstrates to them the
importance of responsibility.
And, you know, it occurs to me and
was said earlier that anything that gets
parents to spend a little more time with their
children these days, or children some time
away from their video games, is maybe
something that benefits society as a whole.
So I happily support the bill.
Thank you.
THE PRESIDENT: You will be so
recorded as voting in the affirmative.
The Secretary will announce the
results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 567 are
Senators L. Krueger, Marchi, Padavan, Parker,
Schneiderman, and Stavisky. Ayes, 56.
3244
Nays, 6.
THE PRESIDENT: The bill is
passed.
SENATOR MORAHAN: Madam
President, can we take up Calendar 887,
please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
887, by Senator Hoffmann, Senate Print 3596,
an act to amend the Vehicle and Traffic Law,
in relation to authorizing.
SENATOR SCHNEIDERMAN:
Explanation.
SENATOR HOFFMANN: This measure
would amend an existing chapter that regulates
the use of farm-plated vehicles.
Presently, farm-plated vehicles are
for on-farm use only, with certain exceptions.
Those exceptions are traveling on public roads
to go from one section of a farm to another,
to go to a licensed repair shop for major
repairs, and to go to a sanitary landfill for
the purpose of disposing of trash.
This amendment would allow this
3245
same farm-plated vehicle to be driven from the
point of purchase to the farm, which presently
is a minor exclusion, probably an oversight in
the original law. But it would simply close
that loophole so that nobody would ever be in
a position of violating the law, having
purchased a vehicle, obtained the plates for
it, and then wanted to drive it from the point
of purchase home to the farm.
The existing law and the amendment
both still prohibit driving of the farm-plated
vehicle on the highway one hour before sunrise
and one hour after sunset.
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, 62.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Yes, Mr.
3246
President, could we return to the regular
reading of the calendar. We'll start at 457,
by Senator DeFrancisco.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 457.
THE SECRETARY: Calendar Number
457, by Senator DeFrancisco, Senate Print
3428, an act to amend the Criminal Procedure
Law, in relation to peace officers employed by
Syracuse University.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, Senator Schneiderman has
requested an explanation of Calendar 457.
SENATOR DeFRANCISCO: Syracuse
University has requested a bill, this bill, to
grant peace officer status to members of the
Syracuse University security force.
Similar authorization has been
given to Canisius College, Ithaca College, the
State University campuses, including the
College of Environmental Sciences and
Forestry, which is literally within yards of
the Syracuse University campus.
3247
And the people that supported this
are not only the district attorney's office,
the Syracuse police chief, and the Syracuse
University Student Association, et cetera, and
there's a -- and I don't know of any
opposition.
The Assembly Bill is being carried
by Bill Magnarelli.
ACTING PRESIDENT MEIER: Senator
Krueger.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, if the sponsor would
yield to a question.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, do you yield for a question?
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR LIZ KRUEGER: Thank you.
Senator, we do so many bills here
lately expanding the status of peace officers
and their role. We did one on nuclear power
plants last week.
What I had to question for your
bill was, we're giving peace officers at a
3248
university the authority to do searches and
arrests. Are we giving them the authority to
go and get warrants from a court? In what
situation would they be playing the role of
the police by going and meeting a search, and
under what rules and regulations?
SENATOR DeFRANCISCO: The powers
include the authority to arrest, conduct
searches and confiscate illegal weapons. And
that's the theory behind it.
As far as obtaining a search
warrant, you know, I think they could -- I'm
pretty sure that they could work -- yeah, they
would work in conjunction with the Syracuse
Police Department to obtain a search warrant.
But I don't believe under this bill
that this allows them to obtain a search
warrant on their own.
SENATOR LIZ KRUEGER: So again,
Mr. President, through you, if the sponsor
would continue to yield.
ACTING PRESIDENT MEIER: Senator
DeFrancisco, do you continue to yield.
SENATOR DeFRANCISCO: Yes.
ACTING PRESIDENT MEIER: The
3249
sponsor yields.
SENATOR LIZ KRUEGER: Thank you
for your explanation.
So just again to clarify for me, I
can, I think, understand a situation where
they would need to make an arrest in a
situation that broke out on campus where there
wasn't the time or place to call the police or
to confiscate illegal weapons that were found
on people who they were arresting.
But again, under what scenario
could we imagine that they would need to
conduct a search? If they knew there was
something to be searched, why wouldn't they
just call the police, have the police get a
warrant and the police follow through? Why do
we want to give them that authority?
SENATOR DeFRANCISCO: I'm not so
sure I -- as far as the search itself, you
asked whether or not -- oh, conducting a
search.
Well, I imagine if you're in hot
pursuit of someone who just committed a rape
and you follow the individual in hot pursuit,
you don't need a search warrant. There's
3250
exigent circumstances which would require you
to go forward to see if there's any evidence,
including a gun or a weapon of some type, as
you're chasing -- as you've chased and found
the individual who the police believe or have
probable cause to believe just committed a
rape or an assault, along those lines.
To say that you could arrest
somebody and not thereafter, after you've
chased that individual, conduct a search to
find evidence of the crime I think would not
be a logical way to do things.
However, if there's time within
which to get a search warrant, I don't believe
we have to give them that authority. The
normal police forces would be able to
intervene, upon the request by the Syracuse
University police officers. Or peace
officers.
SENATOR LIZ KRUEGER: Thank you.
Mr. President, briefly on the bill.
ACTING PRESIDENT MEIER: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I will vote for the bill, in the
3251
belief that there's good cause for
universities to need to pump up their own
security and be able to respond to the needs
of students, particularly when you talked
about a rape. And rape on campuses is a very
large problem.
Although there is something about
this bill and this discussion that continues,
for me, the debate we had on Senator Volker's
bill yesterday in this chamber about under
what rules are we all operating, whether it's
the police department or, in this case now,
peace officers on campuses, to establish that
they have the right to do a search or an
investigation.
When these types of arrests come to
court, how can the courts handle the
fundamental constitutional protections that
everyone should have, when in fact it's not a
trained police officer but in this case a
campus police person, peace officer; in
several weeks ago bill, a person authorized to
be a police officer at a nuclear power plant
who might be an engineer in their real life.
And I worry that we are going down
3252
a road where we have so broadly given police
powers to so many people without training or
backup that we will find ourselves in a
situation where the courts in fact don't know
how to deal with constitutional rights and
protections, because too many people from too
many different walks of life suddenly have the
authority to pursue people, arrest them,
search them, seize items, and then end up in
the court system.
So while I will vote yes, I worry
very much that we're really not looking at
this from a big-picture perspective for
ourselves.
Thank you, Mr. President.
ACTING PRESIDENT MEIER: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Just to
reply briefly, the constitutional protections
remain the same. And if these individuals are
not trained and the bill calls for the
university to have proper training, then
arrests that are being made are not going to
end up in convictions.
So I think the risk is not on the
3253
part of the alleged perpetrator, because the
constitutional rights are the same, the risk
is on getting a conviction if these people are
not properly trained.
ACTING PRESIDENT MEIER: Does any
other Senator wish to comment on the bill?
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, 62.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan.
SENATOR MORAHAN: Mr. President,
without objection, I'd like to be recorded in
the negative on Calendar 567.
ACTING PRESIDENT MEIER: Without
objection, Senator Morahan will be recorded in
the negative on Calendar 567.
Senator Morahan.
SENATOR MORAHAN: Continue with
the reading of the calendar, please.
3254
ACTING PRESIDENT MEIER: The
Secretary will continue to read in regular
order.
THE SECRETARY: Calendar Number
784, by Senator Seward, Senate Print 4454A, an
act to amend the Insurance Law, in relation to
requirements.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Seward, an explanation has been requested.
SENATOR SEWARD: Certainly, Mr.
President.
This bill would reduce the minimum
number of directors of domestic -- these are
New York-based -- insurance companies who must
be New York State residents, from the current
three down to one.
Now, the provisions relating to
residency requirements for boards of directors
for our New York insurance companies
originally date back to 1849, when I guess the
Erie Canal was the best mode of transportation
across the state of New York and traveling in
certainly from outside of New York was very,
3255
very difficult.
But obviously those types of
transportation concerns no longer exist. And
the current residency requirements, I think,
are outdated and unnecessary. We do not have
similar residency requirements for other
corporations who are based here in the State
of New York.
And I would point out one other
reason for this legislation, and that is with
the federal legislation that was passed last
year, the Sarbanes-Oxley, which deals with
corporate governance.
Now, and I think appropriately so,
the expertise level of corporate boards, I
think more is being asked of board members,
particularly in the auditing area. And this
legislation would in fact increase the pool of
people who would be available for our domestic
insurance companies to call upon to be on
their boards that could bring some of the
expertise that is now needed because of
Sarbanes-Oxley.
ACTING PRESIDENT MEIER: Any
other Senator wishing to speak on the bill?
3256
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, 62.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
792, by Senator McGee, Senate Print 4869, an
act to amend the Vehicle and Traffic Law, in
relation to driving while intoxicated.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
McGee, Senator Schneiderman has requested an
explanation of Calendar 792.
SENATOR McGEE: Thank you, Mr.
President.
This is a Governor's program bill.
The bill would enact the Pena-Herrera DWI
Omnibus Act of 2003. The bill is named for
four victims that were killed in Brooklyn by
an off-duty New York City police officer who
3257
was driving while intoxicated.
The victims were all from the same
family, including a 4-year-old boy, his
16-year-old aunt, his pregnant mother and her
baby, who was delivered by cesarean section
following her death.
This bill would impose a number of
DWI penalties, including the creation of new
crimes for repeat offenders and drunk drivers
who seriously injure or kill other people.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Read the last section.
THE SECRETARY: Section 45. This
act shall take effect on the same date and in
the same manner as Chapter 3 of the Laws of
2002.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 62.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
803, by Senator Bonacic, Senate Print 4443, an
3258
act to amend the Tax Law, in relation to
issuance of lottery sales agent licenses.
SENATOR SCHNEIDERMAN:
Explanation.
ACTING PRESIDENT MEIER: Senator
Bonacic, Senator Schneiderman has requested an
explanation of Calendar 803.
SENATOR BONACIC: Thank you, Mr.
President.
This is an act to amend the Tax Law
in relation to issuance of lottery sales agent
licenses by the Division of the Lottery to
benevolent orders. Right now, they're not
considered a place of accessibility to the
public. And this would add a new section to
the Tax Law that requires the Division of
Lottery to consider accessibility to the
public.
And it will allow places like the
Elks, the Knights of Columbus, to have Quick
Draw and lottery tickets to be sold there.
That's the purpose of the bill.
ACTING PRESIDENT MEIER: Any
other Senator wish to be heard?
Read the last section.
3259
THE SECRETARY: Section 2. This
act shall take effect --
ACTING PRESIDENT MEIER: Oh, I'm
sorry. Senator Padavan.
SENATOR PADAVAN: I just want to
explain my vote, Mr. President.
ACTING PRESIDENT MEIER: Okay,
we'll start the roll call and then I'll
recognize you, Senator.
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.)
ACTING PRESIDENT MEIER: Senator
Padavan, to explain his vote.
SENATOR PADAVAN: I guess we
should not be surprised about the many
different venues that gambling activity in
this state seeks to enter into.
But this bill, as the sponsor
properly explained, will allow organizations
such as the Elks, the Masons, Knights of
Columbus, veterans organizations that are
3260
established under benevolent orders to operate
the full gamut of lottery games, scratch-offs,
and Quick Draw.
While these games are available to
the general public, as we all know, under
certain restrictions, such as Quick Draw,
which must be in certain limited number of
premises in the state in terms of the numbers,
when we get to benevolent organizations we
don't know what the number is. I don't know.
But there are obviously thousands of them,
when you add them all together, in terms of
the potential.
So that expands the Quick Draw law
that we adopted which had a limitation in
terms of the number of outlets.
Secondly, we in this state many
years ago opened up the Pandora's box of
allowing Las Vegas-type gambling activity by
religious and charitable organizations on a
very limited basis, occasional opportunities
during the course of the year, but with a
number of restrictions as to the amount of
prizes, the magnitude of prizes, the types of
games. We prohibited certain activities such
3261
as poker, slot machines, obviously, and things
of that sort.
But now what we're doing is going
in a completely different direction. We're
saying to those same types of organizations,
you can have all the lottery games, the Quick
Draw, which is every five minutes, and we
totally open that up.
I mean, you could argue it both
ways and say this is a way for these
charitable organizations to raise money and
the state to expand its venue in terms of
taking in more revenues.
But I look at it from the other
side of the coin. It's just another way of
enticing more people to gamble when they
shouldn't, in more places than they normally
would be able to, under conditions that are
less restrictive and games that are perhaps
inappropriate for the places they're in.
So for that reason, Mr. President,
I vote no.
ACTING PRESIDENT MEIER: Senator
Padavan will be recorded in the negative.
Senator Schneiderman, to explain
3262
his vote.
SENATOR SCHNEIDERMAN: We're here
at the end of the day, and sometimes we wonder
if it's worth it to stay so long. For me it
was worth it today because I think Senator
Padavan is right.
And I hadn't really thought of the
bill in that light. I do generally have a
problem with any sort of legislation that
doesn't -- that creates exemptions from access
for the disabled. My thinking really was that
this had a beneficial charitable purpose and
it would free some of these organizations from
undue burdens.
But I think the point is really --
and, frankly, I wish the good Senator had
spoken before everyone else voted, because I
think there may be some other people who might
have changed their votes as well.
This is an extraordinary broadening
of the provisions for legalized gambling in
our state, and it really goes far beyond
anything.
And those of us who think that
gambling is a bad way to raise public funds,
3263
that it is regressive and that it is really
overused now and to be even more abused and
overused in the future if we continue to
follow the path of fiscal policy we're on, I
think this bill does, while well intentioned,
create a bigger problem than it solves, and I
am also going to be voting no.
Thank you.
ACTING PRESIDENT MEIER: Senator
Schneiderman will be recorded in the negative.
Announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 803 are
Senators L. Krueger, Padavan, and
Schneiderman. Ayes, 59. Nays, 3.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
864, by Senator Fuschillo, Senate Print 4000,
an act to amend the Education Law, in relation
to university-related economic development
facilities.
SENATOR MONTGOMERY: Explanation.
ACTING PRESIDENT MEIER: Senator
Fuschillo, an explanation has been requested
3264
of Calendar 864.
SENATOR FUSCHILLO: Thank you,
Mr. President.
This bill amends the Education Law
which allows SUNY, the State University of
New York, to establish account to receive
lease payments from pharmaceutical,
technology, or manufacturing buildings located
at SUNY Farmingdale.
It's to further the
economic-development initiatives of the school
and the Bioscience Park.
ACTING PRESIDENT MEIER: Senator
Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, I want to commend the sponsor,
Senator Fuschillo, on this legislation. I
certainly intend to support it and vote yes.
I just wanted to make sure that I'm
on record saying that, Senator Fuschillo, we
have several Colleges of Technology, one of
them is in Brooklyn, and they all are
extremely important as potential economic
development institutions that should be linked
much more closely to our overall state's
3265
mission.
And any of the state agencies and
funding that relates to economic development
should include these Colleges of Technology.
I know that we are in the process,
or at least the college in Brooklyn is in the
process of expanding. But the one issue that
they constantly talk about is the need to
upgrade their capacity in the area of
technology.
And to date, we do not have a fund
that is dedicated to assist those higher
education institutions that are so
strategically placed in terms of economic
development issues in our state.
So I hope that you will consider,
along with our colleagues, doing much more to
address specifically the needs of those
institutions to upgrade and to be able to even
more become an integral part of the whole
economic development and advancement in our
state.
So I'm voting absolutely yes on
this legislation, Mr. President.
ACTING PRESIDENT MEIER: Any
3266
other Senator wish to be heard?
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, 62.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Morahan, that completes the
calendar.
SENATOR MORAHAN: Thank you, Mr.
President. Is there any housekeeping at the
desk?
ACTING PRESIDENT MEIER: No,
there is not.
SENATOR MORAHAN: There being no
further business, Mr. President, to come
before the Senate, I move that we stand
adjourned until Thursday, May 29th, at
11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Thursday, May 29th, at 11:00 a.m.
3267
(Whereupon, at 5:15 p.m., the
Senate adjourned.)