Tuesday, June 1, 1993

4160 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 1, 1993 11 3:16 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 4161 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. Senators will find their 4 seats. 5 If you will please rise with me 6 for the Pledge of Allegiance to the Flag. 7 Senator Libous. 8 ACTING PRESIDENT LIBOUS: It is 9 my pleasure today on Disability Awareness Day to 10 introduce to my colleagues in the chamber the 11 Rome School for the Deaf that will be leading us 12 in the Pledge of Allegiance this afternoon. 13 (Whereupon, the Senate was led in 14 the Pledge of Allegiance to the Flag by children 15 from the Rome School for the Deaf, both verbally 16 and signing. ) 17 ACTING PRESIDENT FARLEY: In the 18 absence of visiting clergy, we will bow our 19 heads for a moment of silence. 20 (Whereupon, there was a moment of 21 silence. ) 22 The Secretary will begin by 23 reading the Journal. 4162 1 THE SECRETARY: In Senate, 2 Saturday, May 29. The Senate met pursuant to 3 adjournment. Senator Farley in the chair upon 4 designation of the Temporary President. The 5 Journal of Friday, May 28th, was read and 6 approved. On motion, Senate adjourned. 7 ACTING PRESIDENT FARLEY: Hearing 8 no objection, the Journal will stand approved as 9 read. 10 The order of business: 11 Presentation of petitions. 12 Messages from the Assembly. 13 Messages from the Governor. 14 Reports of standing committees. 15 Reports of select committees. 16 Communications and reports from 17 state officers. 18 Motions and resolutions. 19 Senator Libous. 20 SENATOR LIBOUS: Thank you, Mr. 21 President. Could I ask that the Secretary read 22 Resolution Number 1589, please. 23 ACTING PRESIDENT FARLEY: 4163 1 Secretary will read 1589. 2 THE SECRETARY: Legislative 3 Resolution Number 1589, by Senators Libous, 4 Marino, and all members of the Senate, 5 proclaiming Tuesday, June 1st, 1993, as 6 Legislative Disability Awareness Day in the 7 state of New York. 8 Whereas, the New York State 9 Senate Select Committee on the Disabled in 10 conjunction with the New York State Assembly 11 Task Force on the Disabled are sponsoring the 12 Thirteenth Annual Legislative Disability 13 Awareness Day. 14 It is the feeling of this 15 legislative body that persons with disabilities 16 merit our recognition as they realize the goals 17 of inclusion and equality in our communities and 18 society at large. 19 It is the intent of this 20 legislative body to recognize persons with 21 disabilities for the benefit to New York State 22 of their contributions to our economic, 23 educational and social growth. 4164 1 Among the activities scheduled 2 for this year's event will be performers from 3 the Rome School for the Deaf and the Broome 4 Developmental Center, who will provide musical 5 entertainment; this day will also include 6 sporting events featuring the Adirondack Thunder 7 wheelchair basketball team and the Area 10 8 Albany County Special Olympic Unified Volleyball 9 Team, with participation by legislative members 10 and staff. 11 Legislative Disability Awareness 12 Day will conclude with both the Assembly and 13 Senate considering legislation significant to 14 persons with disabilities. 15 Legislative Disability Awareness 16 Day provides individuals with an opportunity to 17 acknowledge and understand the legislative 18 process. 19 Now, therefore, be it resolved, 20 that this legislative body pause in its 21 deliberations to proclaim Tuesday, June 1st, 22 1993, as Legislative Disability Awareness Day at 23 the State Capitol, Albany, New York; and be it 4165 1 further 2 Resolved, that copies of this 3 resolution suitably engrossed, be transmitted to 4 select representatives of persons with 5 disabilities. 6 ACTING PRESIDENT FARLEY: On the 7 resolution. Senator Libous. 8 SENATOR LIBOUS: Thank you very 9 much, Mr. President. I just want to make some 10 brief remarks on the activities that have taken 11 place today. 12 It's been a very, very busy day 13 for a lot of people, and I want to stress the 14 importance of this day and what it means to a 15 lot of New Yorkers. 16 We are very pleased today to 17 share with the Assembly, our colleagues in the 18 Assembly, sponsorship of Legislative Disability 19 Awareness Day. What we have done throughout the 20 day is have many displays throughout the 21 Legislative Office Building that have programs 22 that deal with persons in New York State with 23 disability in giving them assistance and helping 4166 1 them with everyday needs. 2 I think the other thing we try to 3 do today, Mr. President, is try to enhance 4 throughout New York State the real meaning of 5 what it's like for an individual who has a 6 disability on an everyday basis. 7 There are a number of things that 8 have taken place in New York State and a number 9 of things throughout the United States with the 10 passage of the Americans with Disabilities Act 11 and, of course, a number of pieces of major 12 legislation that have passed this house in the 13 past and that will hopefully pass today. Our 14 goal here is to give a full meaning that there 15 are individuals with disabilities in this state 16 and that these individuals are no different than 17 anyone else. They have the same opportunities 18 and the same rights to living normal lives as 19 everyone else does. 20 I'm very pleased today to have a 21 couple of special guests, and I want to mention 22 them as we talk about this resolution. 23 Certainly, as I mentioned, we have the young 4167 1 people from the Rome School for the Deaf. They 2 have joined us again this year, and we want to 3 thank them for sharing in this busy day and by 4 leading the Pledge of Allegiance not only in 5 this chamber but also in the Assembly chamber 6 today. And to all of you on behalf of all of my 7 colleagues, I want to sincerely thank you and 8 invite you to come back again next year when we 9 celebrate Legislative Disability Awareness Day 10 again. 11 We also have with us Ms. Deaf New 12 York, Nancy Hlibok, who we will talk about in a 13 moment. 14 And we have Special Olympic Male 15 Athlete of the Year, Kevin Brown, who is up in 16 the gallery with his team today, and Kevin is 17 standing up, and we'll talk about Kevin in a 18 second, when we do two quick resolutions to 19 honor them. 20 Another guest we have with us is 21 Peter Crowley, and Peter is a remarkable 22 individual. He did a demonstration downstairs 23 with the Governor and some others, and Peter is 4168 1 an expert -- I believe a black belt, if I'm 2 correct -- in Tae Kwon Do, and he demonstrates 3 blindness Tae Kwon Do using sonic eyes and sonar 4 glasses, and he gave quite an incredible display 5 earlier today, and, as I said, the Governor and 6 others were there to witness it. 7 What we're trying to do today 8 again as we do each year is emphasize the need 9 to pass important legislation as it pertains to 10 people in New York State who have disabilities 11 and that this chamber is committed to continuing 12 its hard work in making a commitment to the 13 lives of all New Yorkers, including those who 14 have disabilities in New York State. 15 ACTING PRESIDENT FARLEY: On the 16 resolution. All those in favor, say aye. 17 (Response of "Aye.")--. 18 Those opposed, nay. 19 (There was no response. ) 20 The resolution is unanimously 21 adopted. 22 We have two more resolutions. 23 SENATOR LIBOUS: Two more 4169 1 resolutions, yes. 2 ACTING PRESIDENT FARLEY: Senator 3 Libous. 4 SENATOR LIBOUS: Mr. President, 5 could we have the Secretary call up Resolution 6 1591 and ask that it be read, please. 7 THE SECRETARY: Legislative 8 Resolution Number 1591, by Senators Libous, 9 Marino, and all members of the Senate, 10 commending Kevin Brown upon the occasion of his 11 designation as Special Olympic Male Athlete of 12 the Year. 13 Whereas, it is the sense of this 14 legislative body that those who give positive 15 definition to the profile and disposition of the 16 communities of the state of New York do so 17 profoundly strengthen our shared commitment to 18 the exercise of freedom. 19 Attendant to such concern and 20 fully in accord with its longstanding 21 traditions, it is the intent of this legislative 22 body to commend Kevin Brown upon the occasion of 23 his designation as Special Olympic Male Athlete 4170 1 of the Year. 2 Kevin Brown has been involved in 3 Special Olympics for more than 18 years; in the 4 past year, Kevin has competed at the area, 5 sectional, state and international levels of 6 Special Olympics. 7 Kevin Brown's training and 8 competition schedule is busy as he participates 9 in Volleyball, Basketball, Softball, Nordic 10 Skiing, Bowling, Athletics, and Powerlifting. 11 His competitive experiences are 12 diverse, and include a second place finish at 13 the International Special Olympic Summer Games 14 in Minneapolis in 1991 as a member of the NYSO 15 Unified Volleyball Team; he also competed in two 16 Nordic Skiing events in the 1989 International 17 Winter Games in Reno, Nevada. 18 Kevin is a custodial worker for 19 the Albany County Association for Retarded 20 Citizens and has a special security clearance 21 needed to enter the offices of the Albany Branch 22 of the Federal Bureau of Investigation. 23 Kevin Brown's success mirrors an 4171 1 unyielding concern for the primacy of self 2 determination, for the prerogative of personal 3 initiative so paradigmatic to our American 4 manner. 5 Through his long and sustained 6 commitment to excellence in competitive sports, 7 Kevin Brown has so unselfishly advanced that 8 spirit of united purpose and shared concern 9 which is the unalterable manifestation of an 10 American experience. 11 Now, therefore, be it resolved 12 that this legislative body pause in its 13 deliberations and most joyously commend Kevin 14 Brown upon the occasion of his designation as 15 Special Olympic Male Athlete of the Year fully 16 confident that such procedure mirrors our shared 17 commitment to preserve, to enhance and to yet 18 effect that patrimony of freedom which is our 19 American heritage; and be it further 20 Resolved, that a copy of this 21 resolution, suitably engrossed, be transmitted 22 to Kevin Brown. 23 ACTING PRESIDENT FARLEY: On the 4172 1 resolution. Senator Libous. 2 SENATOR LIBOUS: Thank you, Mr. 3 President. 4 There is not an awful lot that I 5 can add, except, Kevin, if you will stand one 6 more time. Kevin is certainly an outstanding 7 individual, who we should all be very proud of. 8 I know that many of us in this 9 chamber work from time to time and attend the 10 various Special Olympics. I know that in Broome 11 County I attend every year. 12 Kevin, on behalf of all of my 13 colleagues in the New York State Senate, we are 14 extremely proud of your efforts, the recognition 15 that you have received that is mentioned in this 16 resolution, and it's an honor for us to have you 17 here today. And I salute you. 18 (Applause) 19 ACTING PRESIDENT FARLEY: On the 20 resolution. All in favor, say aye. 21 (Response of "Aye.") 22 Those opposed, nay. 23 (There was no response. ) 4173 1 The resolution is unanimously 2 adopted. 3 Senator Libous. 4 SENATOR LIBOUS: Thank you, Mr. 5 President. I have one more resolution that I 6 would ask to be read, please, 1590. 7 THE SECRETARY: Legislative 8 Resolution 1590, by Senators Libous, Marino, and 9 all members of the Senate, honoring and 10 commending Nancy Sherman Elizabeth Hlibok. 11 Whereas, it is the sense of this 12 legislative body that those who give positive 13 definition to the profile and disposition of the 14 communities of the state of New York do so 15 profoundly strengthen our shared commitment to 16 the exercise of freedom. 17 Attendant to such concern and 18 fully in accord with its longstanding 19 traditions, it is the intent of this legislative 20 body to honor and commend Nancy Sherman 21 Elizabeth Hlibok for her distinguished tenure as 22 Ms. Deaf New York. 23 Throughout her tenure, Nancy 4174 1 Sherman Elizabeth Hlibok's characteristic 2 commitment to the deaf and hearing impaired 3 never wavered. 4 As Ms. Deaf New York 1991-1993, 5 Nancy Sherman Elizabeth Hlibok attended deaf 6 mainstreaming schools in New York State to set a 7 positive example for these children to help 8 build their self-esteem; gave presentations in 9 Washington, D.C., Maryland, New York, Finland, 10 Switzerland and Austria to sign language 11 students; was a spokesperson for the deaf 12 community in New York City at VESID, a 13 conference at Hofstra University; represented 14 New York at the National Pageant in Denver, 15 Colorado and came out as a second runner-up; and 16 gave lectures at various organizations in New 17 York State. 18 Nancy Sherman Elizabeth Hlibok 19 will graduate from Gallaudet University with a 20 Bachelor of Arts Degree in May 1993. 21 Her collegiate history is a 22 chronology of compelling dimension; she has 23 served at Gallaudet University as: An Intern at 4175 1 the International Center of Deafness; Student 2 Tour Guide at the Visitors Center; and Tutor for 3 Government and Latin Courses. 4 In addition, Nancy Sherman 5 Elizabeth Hlibok served as an Intern at the 6 World Federation of the Deaf in Helsinki, 7 Finland. 8 The life of Nancy Sherman 9 Elizabeth Hlibok mirrors an unyielding concern 10 for the primacy of self-determination, for those 11 prerogatives of personal initiative and 12 accountability so paradigmatic of our American 13 manner. 14 Through her long and sustained 15 commitment to the efflorescence of human 16 dignity, Nancy Sherman Elizabeth Hlibok has so 17 unselfishly advanced that spirit of united 18 purpose and shared concern which is the 19 unalterable manifestation of our American 20 experience. 21 Now, therefore be it resolved, 22 that this legislative body pause in its 23 deliberations and most joyously honor and 4176 1 commend Nancy Sherman Elizabeth Hlibok, fully 2 confident that such procedure mirrors our shared 3 commitment to preserve, to enhance, and to yet 4 effect that patrimony of freedom which is our 5 American heritage; and be it further 6 Resolved, that a copy of this 7 resolution, suitably engrossed, be transmitted 8 to Nancy Sherman Elizabeth Hlibok. 9 ACTING PRESIDENT FARLEY: Senator 10 Libous. 11 SENATOR LIBOUS: Thank you, Mr. 12 President. 13 Earlier today, Nancy Hlibok spoke 14 to us downstairs on the third floor; and in her 15 remarks she referenced when she was a small 16 little girl she went to a grocery store with her 17 parents, her parents who are also deaf, and she 18 recognized that someone was talking and she - 19 Nancy, I hope I say this close to accurate. She 20 looked at her mother and she said, "Why are 21 those people different?", those people that were 22 talking. And her mother basically said to her 23 at that time, is that, we are all equal but we 4177 1 are all different, and some people talk and some 2 do not. 3 And I think that really is what 4 we want to sum up today in not only honoring 5 Nancy but everyone else and the message that 6 we're trying to portray here in the Senate when 7 we talk about Disability Awareness Day: That we 8 are all equal, but yet we are all different in 9 many ways and that many times, we need to be 10 aware of this. 11 And unfortunately, we tend to - 12 I think as a society to avoid or walk away or 13 not work with people and talk with people who 14 are disabled, and I think that is wrong, and I 15 think that the message we're trying to portray 16 today through Nancy and through many others is 17 that people with disabilities are no different 18 than anyone else and that they do share normal 19 lives and that, as you can see from this 20 resolution, Nancy certainly has some tremendous 21 qualities that she has shared. 22 And so, Nancy, again on behalf of 23 all my colleagues here in the Senate, we honor 4178 1 you today, and your parents are certainly 2 welcome to stand up as we salute you. 3 (Applause) 4 ACTING PRESIDENT FARLEY: Senator 5 Oppenheimer. 6 SENATOR OPPENHEIMER: Thank you 7 very much, Mr. President. 8 You may have noted that I came 9 over to this side. I am studying sign language, 10 and it's not an easy language, let me tell you, 11 but it's a very rewarding language because it's 12 so descriptive. You see the hand movement. 13 They are so descriptive of what the words are 14 and what you want to convey -- you know, from 15 the heart. 16 And I want to also second what 17 Tom said as far as productive lives. About a 18 third of my family is deaf and my sister-in-law 19 has worked for 25 years in Chase Manhattan Bank 20 in a very responsible job. My brother-in-law 21 has been with an aerodynamics firm. My nephew 22 is the principal of a deaf school, and my niece 23 is one of the heads of admissions, was at Gal 4179 1 laudet, and is now at Rochester Institute. So 2 they lead very wonderful productive lives. They 3 can be part of society, the speaking society or 4 they can be within their own deaf community. 5 But I must say that I have never 6 seen people that are happier than the deaf 7 people, and I think it is something special. 8 Perhaps their silence is what gives them this 9 specialness and this great affection and caring 10 for one another, and they are the most beautiful 11 people I have ever met. 12 And I just wanted that to be on 13 record. Thank you, Mr. President. 14 ACTING PRESIDENT FARLEY: Thank 15 you, Senator. On the resolution. All in favor, 16 say aye. 17 (Response of "Aye.") 18 Those opposed, nay. 19 (There was no response. ) 20 The resolution is unanimously 21 adopted. The young lady is here. 22 Nancy, on behalf of the New York 23 State Senate, congratulations. We are very 4180 1 proud of you. 2 (Applause. ) 3 ACTING PRESIDENT FARLEY: Senator 4 Present. There's some motions on the floor if 5 you wish to go to them. 6 Senator Saland. 7 SENATOR SALAND: Mr. President, 8 on page 16, I offer the following amendments to 9 Calendar 643, Senate Print 4545A, and ask the 10 bill retain its place on the Third Reading 11 Calendar. 12 ACTING PRESIDENT FARLEY: 13 Amendments received. The bill will retain its 14 place. 15 SENATOR SALAND: Continuing, Mr. 16 President. On behalf of Senator Lack, on page 17 26, I offer the following amendments to Calendar 18 Number 864, Senate Print 4768, ask that that 19 bill retain its place on the Third Reading 20 Calendar. 21 ACTING PRESIDENT FARLEY: Without 22 objection. 23 SENATOR SALAND: On behalf of 4181 1 Senator Levy, on page 35, I offer the following 2 amendments to Calendar 727, Senate 4887, and ask 3 that the bill retain its place on the Third 4 Reading Calendar. 5 And on behalf of Senator Tully, 6 on page 16, I offer the following amendments to 7 calendar 653, Senate 2689, and ask that that 8 bill retain its place on the Third Reading 9 Calendar. 10 ACTING PRESIDENT FARLEY: 11 Amendments received. The bills will retain 12 their places. 13 Senator Sears first, then I'll go 14 to you, Senator Larkin. 15 SENATOR SEARS: Mr. President, on 16 page 20, I offer the following amendments to 17 calendar 732, Assembly -- Senate Print 3875, and 18 ask that the said bill retain its place on the 19 Third Reading Calendar. 20 SENATOR GOLD: Mr. President. 21 ACTING PRESIDENT FARLEY: Senator 22 Gold, why do you rise? 23 SENATOR GOLD: I checked out that 4182 1 request with my chief of staff, Jack McPadden, 2 and we have no objection to that. 3 ACTING PRESIDENT FARLEY: Without 4 objection. 5 Senator Sears, you still have the 6 floor. 7 SENATOR SEARS: Would Senator 8 Gold please repeat what he said? I didn't hear 9 him. 10 (Comment off the record. ) 11 Oh, okay. 12 Mr. President, on page 31, I 13 offer the following amendments to Calendar 14 Number 178, Senate Print 1129, and ask that said 15 bill retain its place on the Third Reading 16 Calendar. 17 ACTING PRESIDENT FARLEY: Without 18 objection. 19 Senator Larkin. 20 SENATOR LARKIN: Mr. President, I 21 wish to call up my bill, Print Number 2071, 22 recalled from the Assembly, which is now at the 23 desk. 4183 1 ACTING PRESIDENT FARLEY: 2 Secretary will read it. 3 THE SECRETARY: By Senator 4 Larkin, Senate Bill Number 2071, an act to amend 5 the General Municipal Law. 6 ACTING PRESIDENT FARLEY: Senator 7 Larkin. 8 SENATOR LARKIN: Mr. President, I 9 now move to reconsider the vote by which this 10 bill was passed. 11 ACTING PRESIDENT FARLEY: The 12 Secretary will call the roll on reconsideration. 13 (The secretary called the roll on 14 reconsideration. ) 15 THE SECRETARY: Ayes 42. 16 ACTING PRESIDENT FARLEY: The 17 bill is before the house. 18 Senator Larkin. 19 SENATOR LARKIN: I now offer the 20 following amendments. 21 ACTING PRESIDENT FARLEY: 22 Amendments received. The bill will retain its 23 place. 4184 1 SENATOR JOHNSON: Mr. President. 2 ACTING PRESIDENT FARLEY: Senator 3 Johnson. 4 SENATOR JOHNSON: Mr. President, 5 on page 16, I offer the following amendments to 6 Calendar Number 647, Senate Print Number 2477, 7 and ask that said bill retain its place on the 8 Third Reading Calendar. 9 ACTING PRESIDENT FARLEY: Without 10 objection, the bill will retain its place. 11 Senator Kuhl. 12 SENATOR KUHL: Yes, Mr. 13 President. Last Wednesday, I was out of the 14 chamber when votes were taken on Calendar Number 15 825 and also Calendar Number 848. I would like 16 the record to reflect that had I been in the 17 chamber when the vote was taken, I would have 18 been recorded in the negative on both those 19 calendar numbers. 20 ACTING PRESIDENT FARLEY: The 21 record will so show. 22 SENATOR KUHL: Thank you. 23 ACTING PRESIDENT FARLEY: Are 4185 1 there any other motions on the floor? 2 Senator Present. 3 SENATOR BRUNO: Mr. President, 4 can we please take up the non-controversial 5 calendar. 6 ACTING PRESIDENT FARLEY: 7 Secretary will read the non-controversial 8 calendar. 9 THE SECRETARY: Page 30, Calendar 10 Number 62, by Senator Levy. 11 SENATOR BRUNO: Lay it aside. 12 ACTING PRESIDENT FARLEY: Lay it 13 aside. 14 THE SECRETARY: On page 7, 15 Calendar Number 317, by Senator Libous. 16 SENATOR BRUNO: Lay it aside. 17 ACTING PRESIDENT FARLEY: Lay it 18 aside. 19 THE SECRETARY: Calendar Number 20 333, by Senator Volker, proposing amendment to 21 the Constitution. 22 SENATOR GALIBER: Lay it aside. 23 THE SECRETARY: Senator Galiber, 4186 1 you said to lay it aside, sir? 2 SENATOR GALIBER: Yes. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside. 5 THE SECRETARY: Calendar Number 6 344, by Senator Johnson, Senate Bill Number 7 1703A, an act to amend the Real Property Tax 8 Law. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 3. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 42. 17 ACTING PRESIDENT FARLEY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 427, by Senator Nolan, Senate Bill Number 3438A, 21 an act to amend the city charter of the city of 22 Cohoes. 23 ACTING PRESIDENT FARLEY: Read 4187 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 42. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 434, by Senator LaValle, Senate Bill Number 12 3722A, Education Law and the State Finance Law. 13 SENATOR JONES: Lay it aside. 14 ACTING PRESIDENT FARLEY: Lay it 15 aside. 16 THE SECRETARY: Calendar Number 17 441, by Senator Holland. 18 SENATOR HOLLAND: Lay it aside. 19 ACTING PRESIDENT FARLEY: Lay it 20 aside. 21 SENATOR HOLLAND: For a day. 22 ACTING PRESIDENT FARLEY: For the 23 day. 4188 1 THE SECRETARY: Calendar Number 2 465, by Senator Hannon, Senate Bill Number 643A, 3 Emergency Housing Rent Control. 4 SENATOR GOLD: Lay it aside. 5 ACTING PRESIDENT FARLEY: Lay it 6 aside. 7 THE SECRETARY: Calendar Number 8 491, by Senator Wright, Senate Bill Number 9 4280A, incorporate the Adams Center Fire 10 Department Benevolent Association. 11 ACTING PRESIDENT FARLEY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 42. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Calendar 494, by 22 Senator Libous. 23 SENATOR PRESENT: Lay it aside. 4189 1 ACTING PRESIDENT FARLEY: Lay it 2 aside. 3 THE SECRETARY: Calendar Number 4 553, by Senator Bruno, Senate Bill Number 3281A, 5 establish a library district in the town of 6 North Greenbush. 7 ACTING PRESIDENT FARLEY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT FARLEY: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 45. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 623, by member of the Assembly Luster, Assembly 19 Bill Number 5913A, authorizing the conveyance of 20 certain real property of the state of New York. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 4190 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 45. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 625, by Senator Libous. 10 SENATOR PRESENT: Lay it aside. 11 ACTING PRESIDENT FARLEY: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 486, by Senator Libous. 15 SENATOR PRESENT: Lay it aside. 16 ACTING PRESIDENT FARLEY: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 747, by Senator Skelos, Senate Bill Number 20 4540B, Executive Law, in relation to creating 21 the New York State Committee for the 22 Coordination of Police Services. 23 ACTING PRESIDENT FARLEY: Read 4191 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 45. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 791, by member of the Assembly Cahill, Assembly 12 Bill Number 5789A, Domestic Relations Law. 13 ACTING PRESIDENT FARLEY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 45. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 4192 1 805, by Senator Libous. 2 SENATOR PRESENT: Lay it aside. 3 ACTING PRESIDENT FARLEY: Lay 4 that bill aside. 5 THE SECRETARY: Calendar Number 6 827, by Senator Libous, Senate Bill Number 45... 7 SENATOR GOLD: Lay it aside. 8 ACTING PRESIDENT FARLEY: Lay 9 that bill aside. 10 THE SECRETARY: Calendar Number 11 916, by Senator Nozzolio, Senate Bill - 12 SENATOR GOLD: Lay it aside. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside. 15 SENATOR PRESENT: Mr. President. 16 ACTING PRESIDENT FARLEY: Yes, 17 Senator Present. 18 SENATOR PRESENT: Instead of 19 calling them all out, can we lay aside 916, 917, 20 918, 919, 920, 921 and 922 and 924. 21 ACTING PRESIDENT FARLEY: The 22 bills are laid aside, and 924, all laid aside. 23 SENATOR PRESENT: 923 will be 4193 1 laid aside for the day. 2 ACTING PRESIDENT FARLEY: 923 is 3 aside for the day. 4 Senator Present, that takes us 5 through the first time. 6 SENATOR PRESENT: Mr. President, 7 on behalf of Senator Levy, I would like to 8 please remove the sponsor star on Calendar 9 Number 62, Senate Print 80. 10 ACTING PRESIDENT FARLEY: Without 11 objection, the star is removed. 12 SENATOR PRESENT: Mr. President, 13 I would like to ask unanimous consent to suspend 14 Rule VIII, Section 7 (c), so that Calendar Num 15 ber 62 can have its third reading at this time. 16 SENATOR GOLD: No objection. 17 ACTING PRESIDENT FARLEY: Without 18 objection. 19 Secretary will read Calendar 20 Number 62. 21 THE SECRETARY: On page 30, 22 Calendar Number 62, by Senator Levy, Senate Bill 23 80, an act in relation to requiring the 4194 1 Commissioner of Transportation to conduct a 2 review of the transportation of disabled 3 children. 4 SENATOR GOLD: Explanation. 5 SENATOR PRESENT: Lay it aside 6 temporarily. 7 ACTING PRESIDENT FARLEY: Lay it 8 aside temporarily. 9 THE SECRETARY: Calendar Number 10 317, by Senator Libous, Senate Bill Number 2060, 11 an act to amend the Mental Hygiene Law and the 12 Public Health Law, in relation to creating the 13 New York State Traumatic Brain Injury Institute. 14 ACTING PRESIDENT FARLEY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT FARLEY: Call 19 the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 46. 22 ACTING PRESIDENT FARLEY: The 23 bill is passed. 4195 1 Senator Present. 2 SENATOR PRESENT: Mr. President, 3 call up Calendar 494. 4 ACTING PRESIDENT FARLEY: 494. 5 The Secretary will read it. 6 THE SECRETARY: Calendar Number 7 494, by Senator Libous, Senate Bill Number 8 3517B, an act to amend the Insurance Law, in 9 relation to prohibiting discrimination on the 10 basis of disability. 11 ACTING PRESIDENT FARLEY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 46. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 Senator Present. 22 SENATOR PRESENT: Calendar 625, 23 please. 4196 1 ACTING PRESIDENT FARLEY: 625. 2 The Secretary will read that one. 3 THE SECRETARY: Calendar 625, by 4 Senator Libous, Senate Bill Number 3815B, 5 General Business Law, in relation to motorized 6 wheel chair warranties. 7 ACTING PRESIDENT FARLEY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT FARLEY: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 45, nays 1, 15 Senator Kuhl recorded in the negative. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 Senator Present. 19 SENATOR PRESENT: Calendar 686, 20 please. 21 ACTING PRESIDENT FARLEY: 686. 22 The Secretary will read it. 23 THE SECRETARY: Calendar Number 4197 1 686, by Senator Libous, Senate Bill Number 4489, 2 an act is to amend the Vehicle and Traffic Law, 3 in relation to increasing the amount of a fine 4 imposed for illegally parking. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: His 45, nays 1, 13 Senator Kuhl recorded in the negative. 14 ACTING PRESIDENT FARLEY: That 15 bill is passed. 16 Senator Present. 17 SENATOR PRESENT: Calendar 805, 18 please. 19 ACTING PRESIDENT FARLEY: 805. 20 The Secretary will read that one. 21 THE SECRETARY: Calendar Number 22 805, by Senator Libous, Senate Bill Number 23 2293A, an act to amend the Education Law, the 4198 1 State Finance Law, and the Vehicle and Traffic 2 Law. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 46. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 Calendar 916, and then regular order following 16 that. 17 ACTING PRESIDENT FARLEY: 916, 18 and then the Secretary will follow regular 19 order. 20 THE SECRETARY: Calendar Number 21 916, by Senator Nozzolio, Senate Bill Number 22 3184A, an act to amend the Election Law, in 23 relation to polling places for physically 4199 1 disabled voters. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 46. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 We are going to start with 13 Calendar Number 333. 14 No? Senator Present, what's your 15 pleasure on this? 16 SENATOR PRESENT: I may have not 17 correctly spoken. Go through 917 through the 18 balance. 19 ACTING PRESIDENT FARLEY: 917 20 through the rest of the calendar. 21 SENATOR PRESENT: Yes. 22 THE SECRETARY: Calendar Number 23 917, by Senator Libous, Senate Bill Number 4200 1 3814A, an act to amend the Real Property Tax 2 Law. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 46. 11 ACTING PRESIDENT FARLEY: That 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 918, by Senator Larkin, Senate Bill Number 4066, 15 an act to amend the Real Property Tax Law, in 16 relation to improvements required by the 17 Americans with Disabilities Act of 1990. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 4201 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 47. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 919, by Senator Sears, Senate Bill Number 4215A, 7 an act to amend the Tax Law, in relation to 8 allowing the deduction from gross income for 9 expenditures for a guide. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 40. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 920, by Senator Libous, Senate Bill Number 4762, 22 Economic Development Law. 23 ACTING PRESIDENT FARLEY: Read 4202 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 49. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 921, by Senator Libous, Senate Bill Number 4881, 12 Education Law, in relation to procedures for 13 conducting impartial hearing for students with 14 disabilities. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 50. 23 ACTING PRESIDENT FARLEY: The 4203 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 922, by Senator Libous, Senate Bill Number 5056, 4 an act to amend the Tax Law. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 51. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 924, by Senator Libous, Senate Bill Number 17 5439B, an act to amend the Vehicle and Traffic 18 Law, in relation to design specifications for 19 new, repaved or repainted handicapped parking 20 spaces. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 4204 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 51. 6 ACTING PRESIDENT FARLEY: That 7 bill is passed. 8 Senator Present. 9 SENATOR PRESENT: Mr. President, 10 let's go to the controversial calendar, please. 11 ACTING PRESIDENT FARLEY: 12 Controversial. Secretary will read. 13 THE SECRETARY: On page 30, 14 Calendar Number 62, by Senator Levy, Senate Bill 15 Number 80, an act in relation - 16 SENATOR GOLD: Explanation. 17 SENATOR PRESENT: Lay it aside 18 temporarily. 19 ACTING PRESIDENT FARLEY: Lay it 20 aside temporarily. 21 THE SECRETARY: Calendar Number 22 333, by Senator Volker, Senate Bill Number 800A, 23 proposing amendment to the Constitution in 4205 1 relation to the imposition of the death penalty. 2 SENATOR GOLD: Explanation. 3 ACTING PRESIDENT FARLEY: 4 Explanation has been asked for, Senator Volker. 5 (Whereupon, there was a pause in 6 the proceedings. ) 7 SENATOR ONORATO: Explanation 8 satisfactory. Read the last section. 9 ACTING PRESIDENT FARLEY: Senator 10 Present. 11 SENATOR PRESENT: Mr. President, 12 in order to accommodate a member or two, can we 13 have the last section of this bill read? 14 ACTING PRESIDENT FARLEY: There 15 is no last section, of course. On the 16 resolution, how do you vote, Senator Sears? 17 SENATOR SEARS: Aye. 18 ACTING PRESIDENT FARLEY: Senator 19 Leichter. 20 SENATOR LEICHTER: No. 21 ACTING PRESIDENT FARLEY: Are 22 there any other ones, Senator Present? 23 SENATOR PRESENT: No, but while 4206 1 we're at this, can we suspend this one 2 temporarily and call up and read the last 3 section on Calendar 465. 4 ACTING PRESIDENT FARLEY: 465. 5 The Secretary will read the last section of 465. 6 THE SECRETARY: Calendar Number 7 465, by Senator Hannon, Senate Bill Number 643A, 8 Emergency Housing Rent Control Law. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Senator 14 Sears, how do you vote? 15 SENATOR SEARS: Aye. 16 ACTING PRESIDENT FARLEY: Senator 17 Leichter, how do you vote? 18 SENATOR LEICHTER: No. 19 ACTING PRESIDENT FARLEY: Senator 20 Nolan, how do you vote? 21 SENATOR NOLAN: No. 22 SENATOR PRESENT: Mr. President. 23 ACTING PRESIDENT FARLEY: Senator 4207 1 Present. 2 SENATOR PRESENT: Suspend the 3 roll call. 4 ACTING PRESIDENT FARLEY: Suspend 5 the roll call. Lay the bill aside. 6 SENATOR PRESENT: Right. 7 SENATOR GOLD: Mr. President. 8 ACTING PRESIDENT FARLEY: Senator 9 Gold. 10 SENATOR GOLD: Yes, with regard 11 to Senator Volker's bill, if we could once again 12 open up the roll call. Senator Nolan has to 13 attend to some very important matters. He has 14 discussed every single one of them with me, and 15 I know it's urgent. So if we could call his name 16 and let him vote. 17 ACTING PRESIDENT FARLEY: Senator 18 Present, do you agree? 19 Read the Resolution 333. 20 THE SECRETARY: Calendar Number 21 333, by Senator Volker, Senate Bill Number 800A, 22 proposing amendment to the Constitution. 23 ACTING PRESIDENT FARLEY: How do 4208 1 you vote on that resolution, Senator Nolan? 2 SENATOR NOLAN: No. 3 ACTING PRESIDENT FARLEY: He 4 votes no. 5 Suspend that roll call. Lay that 6 resolution aside. Oh, we're on that resolution, 7 is that right? 8 Senator Volker, there has been an 9 explanation asked for. 10 SENATOR VOLKER: All right. 11 Fine. 12 ACTING PRESIDENT FARLEY: The 13 roll call has been suspended. 14 SENATOR VOLKER: Thank you. 15 Mr. President, let me just start 16 out by very quickly giving a quick resume of how 17 we arrived at this Constitutional Amendment. 18 It's pretty clear. I don't think 19 I have to tell anybody in this chamber, over 20 the years, we have done death penalty 21 legislation. This house for many, many years 22 has passed legislation not only with a majority 23 vote but normally with enough votes to 4209 1 override. The bills have been vetoed by 2 Governor Carey and, later, by Governor Cuomo and 3 we have on numerous occasions attempted 4 overrides and been unsuccessful. 5 The Assembly within the last 6 several years was within several votes of 7 overriding. In fact, for various reasons, it 8 was our belief that the Assembly was actually 9 within one vote of overriding at a point last 10 year before the reapportionment. 11 In all candor and as many of you 12 in this chamber know, I am very practical at 13 this sort of thing. We lost a number of votes 14 in reapportionment, several votes in this house 15 and a number of votes in the Assembly. In 16 anticipation of the possibility of that last 17 year, in fact for several years, we had been 18 working on an alternative. 19 Those of you who know me know how 20 strongly I feel about this issue. When the 21 death penalty was abolished in this state in 22 1965, I was at that time in law enforcement, and 23 I saw the impact, what we believe to be the 4210 1 impact, on a very personal level of what 2 happened when the death penalty was abolished. 3 I have used the analogy -- and I 4 laugh at people who have said that there is no 5 such thing as deterrence. I have used the 6 analogy because it was so clear to anyone who 7 would look to when the Legislature -- and I 8 wasn't here at the time; my father was here - 9 passed unauthorized use of a motor vehicle as 10 regards to stolen cars. The intention was very 11 good. The reason was that so many young people 12 were stealing cars, but the feeling was that 13 theft of cars was a fairly manageable kind of 14 crime. So the Legislature passed unauthorized 15 use of a motor vehicle, which meant that the 16 theft of a car was reduced from grand larceny to 17 what amounted to petit larceny, a misdemeanor. 18 Within three years, the amount of 19 cars stolen in this state not only doubled, 20 quintupled, but went up ten-fold. The law 21 enforcement department I was with was chasing 22 stolen cars around so much, we had difficulty 23 keeping track of anything else. 4211 1 Except there was one other thing 2 that we had a lot of trouble keeping track of, 3 like most law enforcement people. After the 4 death penalty was abolished, we started finding 5 bodies. 6 As I pointed out to someone today 7 that I was talking to, there are a number of 8 people who are still in prison who I personally 9 dealt with one way or another who committed 10 murder and who either threatened me or 11 threatened people close to me, and I can tell 12 you that the trouble I think we have with the 13 issue of the death penalty is it is hard for 14 those of us who are in this chamber or anyone 15 who has not dealt personally with murders to 16 understand the impact of death penalty 17 legislation. 18 I firmly believe that a turning 19 point in this state -- and you can see it in the 20 numbers, a turning point in this state as far as 21 murder and serious crime was a time in 1965 when 22 this Legislature in good faith at a time when 23 murder was not near as prevalent passed 4212 1 legislation that abolished the death penalty. 2 Within a matter of a few years, the murder rate 3 burgeoned to a point that within six or seven 4 years it reached proportions that no one really 5 had anticipated at the time. It doubled and 6 then eventually tripled. 7 The interesting thing is that we 8 have, in the last few weeks, talked in this 9 session about the proliferation of drugs and 10 guns. And yet, what I think a lot of people 11 don't realize is if you want to blame the murder 12 rate on drugs and guns, you better realize 13 something, that that murder rate didn't go up 14 during the guns and drugs time. It went up long 15 before that. The surge of murder in this state 16 came within a few years after we abolished the 17 death penalty in this state. 18 I have often said that one of the 19 things about anti-death penalty people across 20 this country, they always worried about New 21 York, and the reason they worry about New York 22 is that no other state that I know of or that 23 they know of showed such dramatic increase in 4213 1 murder after the death penalty was abolished. 2 What they really are concerned about not that 3 they're not -- that they wouldn't like to see 4 murder decline, but I think many of them are 5 afraid that when we restore the death penalty, 6 if a decline in murder shows in this state, it 7 will have a huge impact on the entire country. 8 It is something that I have 9 looked for for many, many years. I know there 10 are many that don't agree on the death penalty. 11 I understand that, but I would tell you this. 12 There are many of us that feel so strongly about 13 this issue that we feel that this is -- not the 14 only criminal justice issue, because there is no 15 one issue that is going to deal with crime in 16 this state which unfortunately deal with family 17 breakups and everything has created such a 18 burden, but there is no question that there is 19 no greater signal that we can send to the street 20 in the opinion of many people than a death 21 penalty bill. 22 For a number of years the 23 Governor challenged myself and a number of us to 4214 1 put the issue of the death penalty to the vote 2 of the people. He even chided us at one point 3 for not doing a Constitutional Amendment. As I 4 think you all know, the Governor has been pretty 5 silent for the last year. The reason is that the 6 Constitutional Amendment he was talking about 7 was one that many of us felt really wouldn't 8 work. 9 The Constitutional Amendment we 10 are proposing today we believe very firmly will 11 work and will restore the death penalty to New 12 York. It is a limited Constitutional 13 Amendment. What it does basically is a 14 Constitutional Amendment that would put the 15 death penalty back in this state and use the 16 legislation that was previously passed and which 17 previously is still on the books would define 18 murder first as the killing of police officers, 19 correction officers, actually employees of 20 correctional institutions, and killing by 21 lifers. 22 The expansion of the death 23 penalty, then, would have to be done by the 4215 1 normal manner, that is, by implementing 2 legislation. It was suggested to us at one 3 point, by the way, and there are people who 4 proposed Constitutional Amendments that would 5 totally eliminate the Governor, because of 6 course the veto power of the Governor has been a 7 central reason why we have been unable to 8 restore the death penalty in this state. The 9 reason we did not do that was for the very 10 reason that some people have tried to criticize 11 us for this Constitutional Amendment; and that 12 is, that we do not intend to change the system 13 and turn it on its head and create such 14 confusion that we will have long-term 15 litigation. 16 The people who have memoed 17 against this bill, one group in particular, 18 several very prominent attorneys, very competent 19 attorneys, who were asked by the Assembly to 20 look at this proposal, basically said this. We 21 don't like it. You people can win with this 22 and, therefore, we don't like it because we're 23 opposed to the death penalty. If you read it, 4216 1 that's what it says. 2 What this Constitutional 3 Amendment does is to restore the death penalty 4 to this state; in other words, if this passes 5 two consecutive legislatures, this Legislature 6 and a Legislature to be elected in '94, then it 7 would go to the voters in November of 1995, and 8 the voters could vote on the issue of the death 9 penalty. 10 Now, some people have said they 11 are not voting on the issue of the death 12 penalty. Yes, they are. They vote on the issue 13 of whether the death penalty should be put in 14 the Constitution knowing full well that the 15 implementing legislation is already there for a 16 piece of the death penalty, and knowing full 17 well that the rest of the -- that movement will 18 then be made to restore the death penalty after 19 that. 20 Basically, that's what this 21 Constitutional Amendment does. It restores the 22 death penalty of this state. Some have said, 23 well, you are trying to get around the 4217 1 Governor. Yes, I guess that's true. Remember 2 this, that substantial majorities in both houses 3 of this Legislature have passed the death 4 penalty year after year. Those who would try to 5 deny that the people of this state are strongly 6 in favor of the death penalty, frankly haven't 7 looked at the numbers that virtually anybody who 8 has ever done any kind of polling in this state 9 has done; and, frankly, I think you would have 10 to say that the reason we don't have a death 11 penalty in this state is very honestly because 12 so few people vote in this state; and, 13 therefore, do not put their vote where their 14 feelings are. 15 Now, what this Constitutional 16 Amendment will do, and I assume it will 17 eventually pass the Assembly no matter what is 18 being said because an Assembly that has already 19 passed death penalty legislation year after year 20 after year despite their reluctance is going to 21 eventually end up doing it. 22 What will happen is that, when 23 this passes two consecutive legislatures, then 4218 1 if will go to the voters, and we will have 2 reestablished the death penalty. In the 3 meantime, by the way, let's make no mistake. I 4 do not intend not to pursue the normal route 5 which is the normal legislative route. And if we 6 do get the votes to override, then we will 7 certainly attempt the override. But in the 8 meantime, I think that this is the most -- under 9 the circumstances we have that is a way to 10 accomplish -- admittedly on a more long-term 11 basis, but admittedly a way to accomplish what 12 we have tried to accomplish for many years, and 13 that is to restore the death penalty. 14 ACTING PRESIDENT FARLEY: Senator 15 Galiber. 16 SENATOR GALIBER: Thank you, Mr. 17 President. Mr. President. I have been here 18 long enough to know that on this particular 19 issue of the death penalty, minds have pretty 20 much been made up. And as we talk and debate 21 about it, the best hope we have is those who 22 come in changing their view or establishing 23 their view. 4219 1 But, Mr. President, I rise for a 2 different reason. I am no longer prepared to 3 argue the cost of this legislation, no longer 4 want to talk about the deterrent factor, no 5 longer want to talk about interpretation of the 6 Bible, whether Cain and Abel whether that was 7 the first recorded homicide or not, not prepared 8 to discuss or debate any longer whether the 9 death penalty impacts on a particular ethnic 10 group or not. 11 I rise, Mr. President, today in a 12 sad state because what we are attempting to do 13 here today brings somewhat of a tear in my eye, 14 and I mean that sincerely. I don't get 15 emotional about too many things, but I can 16 recall back in 1967, and we have here just one 17 member who was with me at the time -- no, I was 18 with him -- and that's John Marchi. And the 19 other person was a competent staff person Manny 20 Gold. 21 Senator, nobody but nobody has 22 any more respect for you than I do, and we say 23 that from time to time, and it almost comes in 4220 1 the category of massaging. But not so. You are 2 a man of great integrity. Integrity spells out 3 the kind of person who stays with something and 4 believes in it and hangs in there. 5 It is unfortunate that we have to 6 go this route today. What we are asking and, 7 Senator Marchi, I can reflect back on April the 8 4th, 1967, as we saw some of our great leaders 9 in this state at a constitutional convention and 10 the one before that in 1938, Senator, and we 11 were privileged to have a couple of delegates 12 from the 1938 convention. And history has 13 recorded that 1915 before then; and if we go 14 back in history -- and I'm only going back a 15 little bit to let everybody realize what you are 16 tampering with -- in 1777, one year after the 17 Declaration of Independence, the first 18 convention that we had. And in each one of 19 those conventions something became crystal 20 clear. It was clear that we shouldn't tamper 21 with the Constitution for any reason 22 whatsoever. 23 I have watched you, Senator, with 4221 1 this death penalty and I know of your family's 2 concern about the criminal justice system. I 3 have watched, and I say this in all due respect, 4 this matter has become almost an obsession with 5 you. There are those of us, out of respect, we 6 nudge you once in a while to say, "Senator, when 7 are you going to let this thing go?" Let it go, 8 Senator, before it goes to the extreme, and 9 that's what we have here today. 10 We're tampering with an 11 instrument called the Constitution of this 12 state. Keep that in mind. Each and every one of 13 you who are co-sponsors on this piece of 14 legislation, today we are dealing not with the 15 death penalty, which is merely the 16 instrumentality through which we dabble with the 17 Constitution of this great state of ours, and 18 nowhere in this Constitution does it allow for 19 this kind of intervention on a legislative 20 level. Keep focused. Keep focused because this 21 is the Constitution of the state of New York 22 that we're dealing with today, not the death 23 penalty. Not the death penalty. 4222 1 Senator Volker believes so 2 strongly about this matter. He is candid with 3 us. He says never mind checks and balances, 4 never mind veto that the Governor has. We're 5 going to change that, and we're going to change 6 it because we have to pass this death penalty. 7 Senator Kennedy and Senator 8 Javits and Senator Marchi were there that day 9 with a number of other great persons in our 10 state, and Senator Kennedy laid out four 11 criteria. They were simple criteria for a 12 Constitution. He indicated clearly that it was 13 there for simplification. It was there for 14 flexibility. It was there with a range of 15 certain issues that had changed from time to 16 time. 17 But he warned us and he said, 18 Senator Volker, and it applies, this Assembly, 19 meaning the convention, must renounce particular 20 interests and party advantage, that no man seek 21 merely to advance his personal standing, win 22 acceptance of his favorite projects or end an 23 outlet for his private feelings and beliefs. 4223 1 This wasn't directed at you, 2 Senator Volker. It was directed at the 3 delegates who the people asked to come and 4 either write a new Constitution, amend it, or do 5 nothing at all. And most of us at that 6 convention paid heed to what was said because no 7 longer can we dabble with this Constitution. No 8 longer can we take this legislative process and 9 intermingle it into the Constitution merely 10 because we are frustrated and cannot do it any 11 other way. 12 The Governor's veto power is 13 there. If we can't win a few is part of what 14 America is all about, and win a few battles and 15 lose a few battles, but certainly we don't 16 become bitter enemies that we have to resort to 17 tampering with the Constitution of this great 18 state of ours in order to accomplish that end. 19 Senator Marchi -- there were some 20 great people at this convention, and I want you 21 to know that there's just some of the names that 22 were there so you can understand that it wasn't 23 a question of just the Democrats or the 4224 1 Republicans. Democrats were in power at that 2 convention. Shouldn't be that way, very 3 frankly. 4 I didn't understand, as I thought 5 back on the convention, why the Governor had 6 suggested that he wanted no legislators at the 7 next constitutional convention. I was hurt 8 being a legislator. Understood exactly what he 9 meant after a while, because the legislators in 10 the constitutional convention have their own 11 kind of interest, own interest. So 12 notwithstanding the fact that we attempted in 13 the constitutional convention to find a 14 non-partisan group, it couldn't happen. Earl 15 Brydges, Tony Travia, our president, and a 16 number of others, VandeHeuvel, Marietta Tree, 17 Mangano, and the list goes on, but in the final 18 analysis it was a political situation and we 19 have to change that. 20 We need another constitutional 21 convention but, Senator, I say that this state 22 will go down in history because it's not a 23 question of the votes on the death penalty. 4225 1 That's not what in issue as I say over and over 2 again. What it is is that you hang onto 3 something so long, and you can't udge and you 4 can't move it and you get a little desperate and 5 a little frustrated, and I know once in a while 6 I get a little abrasive but not further than 7 that. Don't mean any harm by it, as Grandma 8 used to say. 9 But the fact of the matter is if 10 you can't win fair and square, then why bother? 11 Why would you want to mess with, if you will, 12 the Constitution of this state? There is 13 absolutely no reason for it. There are other of 14 my colleagues who will argue the technicalities 15 of it all. How do you commingle a criminal 16 procedure and a criminal law into a Constitution 17 without jeopardizing every time that we want to 18 move one that we are going to have to change 19 it. We're going to have to move and change it 20 each and every time. 21 This Constitution means so very 22 much to this young country of ours, to this 23 young state of ours. It was just a few years 4226 1 ago. We can still count back on them, when we 2 had this convention not in '67, but in 19 - 3 1777 historically. So, Senator, I say to my 4 colleagues, you don't seek headlines. There are 5 some who perhaps will jump on the bandwagon for 6 that singular purpose to see their name in 7 print, notwithstanding the fact that we're 8 dealing with this Constitution. I see 9 absolutely no reason except disappointment, 10 feeling too strong about an issue, cost 11 benefit. 12 What do we have at stake in order 13 to pass this piece of legislation? The price I 14 say is too high, and we should think very 15 carefully before we move in that direction. 16 Anyone within the sound of my voice who can 17 recall historically what this Constitution 18 really means, that the sacrifices that were made 19 in order for it to come about, that the power 20 that we have -- and we have the power. We don't 21 need the Constitution from the central 22 government. We have the power right here in the 23 state. 4227 1 It's just a question are you 2 prepared now to abuse this power? Are you 3 prepared to vitiate the checks and balances that 4 we talked about? Are you prepared to do away 5 with the Governor's veto because the Governor 6 hasn't seen fit -- two governors have not seen 7 fit -- not seen fit to let this piece of 8 legislation go. 9 Senator, it's merely a system. I 10 don't know about you. Maybe they will allow you 11 a little more time, if you will. These come 12 down to practicalities where they allow you a 13 little more time, but can you imagine this 14 Constitutional Amendment being in a booth in a 15 year that we're all running and trying to 16 explain it. People couldn't even explain the 17 bond issue the last time. Can you imagine? 18 Senator, is there anything fair 19 about that? The answer is no. You know it's not 20 fair. You know that this is not the route. In 21 your heart's heart you know that this is not the 22 route to go. But can you imagine in three 23 minutes trying to explain to someone what this 4228 1 constitutional change really means? 2 It is cumbersome. It won't work. 3 The price is too high. And, Senator, you and I 4 will leave here one day. Hopefully, we'll 5 walk out under our own power, and I would not 6 want this record to reflect, if you will, 7 someone like yourself who I have the greatest 8 respect for, a family that's steeped in criminal 9 justice looking for the right approach, to go 10 down in history as the person who is 11 responsible, person who is responsible for 12 changing the Constitution of the state of New 13 York. With this amendment, I dare say that you 14 destroy or you open up the door for all sorts of 15 horrendous possibilities of doing damage to this 16 great instrument that has held this state in 17 such good stead, and certainly this great 18 country of ours. 19 Senator, nobody but nobody 20 understands the frustration of not having the 21 votes to get whatever we desire through than I 22 do, but I merely say to you, Senator, this is 23 not the right way to do it. I have no argument 4229 1 with you about how you feel about the death 2 penalty. That's a matter of opinion, and we 3 respect that opinion. What I do object to is 4 the procedural process. So desperately do you 5 want this piece of legislation that you are 6 prepared to do away with our check and balances 7 and do away with this Constitution and do away 8 with this form of government to have the 9 legislative branch of government take over, if 10 you will. Every now and then, the Governor 11 tries to take over from us. I know that. But 12 meanwhile, you are the one who says we're not 13 going to go this route. We are going to damage 14 the Constitution. 15 I think it's the wrong, wrong way 16 to go, and I think in your heart's heart you 17 believe that. My argument, my comments today, 18 my feelings strong as they are is directed at 19 one thing. Because I respect each one of you 20 here in terms of what your opinion may be on the 21 death penalty, abortion issue, whatever it may 22 be. Don't even debate it, as I said before. But 23 I want you to know, ladies and gentlemen, 4230 1 colleagues, friends, that when you vote yes on 2 this bill today, if you vote yes, you are voting 3 against one of the greatest instruments in the 4 history of this state, which is the 5 Constitution. 6 ACTING PRESIDENT FARLEY: Senator 7 Solomon. 8 SENATOR SOLOMON: Thank you, Mr. 9 President. 10 We spoke about this legislation 11 in the committee several weeks ago, in the 12 Judiciary Committee. 13 First of all, I think I have 14 voted for the death penalty 15 times, and I 15 voted to override the Governor's veto 15 times. 16 And as far as I'm concerned, it is not an issue 17 of whether or not the death penalty should be 18 implemented in this state, but this 19 Constitutional Amendment, the problem that I 20 have with this as a Senator is the method that 21 we're using to implement a legislative policy 22 that we have not been able to pass as a result 23 of the check that has allowed the executive 4231 1 branch in our basic form of government to veto. 2 I think we're dealing with a 3 situation here, as Senator Galiber said, of the 4 method and the methodology and the Constitution. 5 Are we to take every piece of legislation that's 6 vetoed by the Governor and if we don't like that 7 veto, to attempt to implement that legislation 8 via the method of a Constitutional Amendment? 9 Are we to be like children that say, Well, we 10 can't win the game by playing by the rules so 11 let's changes the rules of the game? Because 12 that's what this legislation smacks of, 13 literally changing the rules of the game. 14 We have a rule. The rule is the 15 state Constitution. But the most important thing 16 is the basis for that Constitution and the basis 17 for both the federal and state government are 18 checks and balances between the legislative, the 19 judicial and the executive branch. 20 And it's plainly stated here in 21 the sponsor's memo and in the debate, we have 22 failed to override the veto of the Governor 15 23 times; so since we can't win by playing the 4232 1 rules, let's change the rules of the game in 2 this one instance. Let's have a Constitutional 3 Amendment. 4 I think there are a lot of things 5 that we have to talk about including the fact 6 that the real details of a statute are 7 transitory in nature in some respects as was 8 cited in the constitutional convention by 9 Senator Javits back in I believe 1967. 10 We have a situation where even if 11 this is passed, there are some questions as to 12 whether or not the changes that invariably come 13 along with court interpretation of a statute or 14 Constitutional Amendment, the federal court and 15 the Supreme Court on the death penalty, whether 16 or not we'll be able to implement those changes 17 legislatively or be locked into a box as a 18 result of this Constitutional Amendment, and 19 those are some real changes that you have to be 20 concerned with especially if you are a supporter 21 of the death penalty and have supported it, 22 whether or not we'll end up locking ourselves 23 into a situation where it cannot be implemented. 4233 1 And I just would like to raise a 2 couple of questions. As I said before, I think 3 this one abuses the checks and balances. I 4 think we take a look at a situation of where 5 obviously the Governor and governors -- because 6 Governor Carey opposed the death penalty and was 7 reelected in 1978 -- have been able to continue 8 to get re-elected even though they voiced their 9 opposition to this piece of legislation. 10 But I would just like to ask 11 Senator Volker a question or two if Senator 12 Volker will yield. 13 SENATOR VOLKER: Sure. 14 SENATOR SOLOMON: Senator, have 15 any other states implemented the death penalty 16 via constitutional amendment? 17 SENATOR VOLKER: I believe that 18 several have. I think the thing you have to 19 understand is, and I haven't really researched 20 this, but I know that there were several states 21 some years ago that had to change their 22 Constitution, and the reason they had to change 23 their Constitution was because their local 4234 1 court, whether it was Supreme Court -- in most 2 cases the Supreme Court is the top court -- and 3 in keeping with the federal court had overturned 4 the death penalty, so that what the legislators 5 had done was to establish Constitutional 6 Amendments to re-establish the death penalty as 7 a constitutional prerogative. 8 So my recollection is, and 9 frankly we did studies on this years ago and 10 it's a while, was that there were a number of 11 states that did do Constitutional Amendments 12 prior to moving on legislatively because they 13 virtually had to, to overcome court objections. 14 It seems to me -- I am not positive -- that 15 Texas was one of those states, one of the 16 southern states that had had their statute 17 thrown out. 18 I know you know, Senator Solomon, 19 the specific cases that threw out the death 20 penalty statutes nationwide were centered in the 21 southwest and in the south, and Texas was one. 22 Florida was another. And I think that those 23 states at that time way back when had to do 4235 1 Constitutional Amendments in order to implement 2 new statutes in their own states to create death 3 penalty legislation. 4 So my recollection is this is not 5 totally unusual. I think what you are getting 6 at is, recently, have any states done 7 Constitutional Amendments to implement the death 8 penalty? Not to my knowledge, not on a recent 9 basis. But my recollection is that years ago 10 when the current new death penalty statutes were 11 put in place, it was not unusual for 12 legislatures, and every Constitution is a little 13 different. Some of it didn't take as long to do 14 as it would take here with the checks and 15 balances that are still in place in order to 16 change the Constitution. 17 So the answer is as far as I know 18 there were legislatures that did implement 19 constitutional changes but not in the last few 20 years. 21 ACTING PRESIDENT FARLEY: Senator 22 Solomon, you have the floor. 23 SENATOR SOLOMON: Thank you, Mr. 4236 1 President. Senator Volker, if you will just 2 yield for one or two more questions. 3 SENATOR VOLKER: Yes. 4 SENATOR SOLOMON: Senator, do you 5 know how many bills have been vetoed by the 6 Governor in the last year, for instance? 7 SENATOR VOLKER: How many bills 8 were vetoed? 9 SENATOR SOLOMON: How many pieces 10 of legislation were vetoed by the Governor? 11 SENATOR VOLKER: I would have no 12 idea. I would imagine -- I really don't know. 13 Probably -- my colleague Senator Gold says a 14 couple hundred. That's very possible. 15 SENATOR SOLOMON: Senator, just 16 one other quick question, and then I will wrap 17 up my remarks on this. As a lawyer, I sit on 18 and attend and you attend almost every Judiciary 19 Committee meeting as I do, and I think it's very 20 important that some of the issues raised - 21 again, as I said, I take out the philosophical 22 argument whether for or against the death 23 penalty, as I've voted for it and voted to 4237 1 override it. What concerns me, don't you see 2 this as an abuse in possibly opening up the door 3 some time into the future some 20 years from now 4 in terms of our Constitutional Amendment 5 process? 6 SENATOR VOLKER: Senator, if I 7 did, I wouldn't do it. Let me point out 8 something to you. 9 I think the argument you make, 10 and I have seen some of the -- we have looked at 11 the memos that have been put out. Actually, 12 there have been very few, but there were a 13 couple of very scholarly memos. 14 If we proposed a Constitutional 15 Amendment, as was suggested, that would, in 16 effect, say that the Governor had no power over 17 death penalty at all, that is, over implementing 18 legislation; in other words, that made the death 19 penalty Constitutional Amendment state that the 20 Governor could not veto implementing 21 legislation, then I think your argument frankly 22 would be absolutely correct. 23 By the way, Senator, let me point 4238 1 out that last week a Constitutional Amendment 2 that was vehemently debated by Senator Leichter 3 and several other people on this floor passed as 4 relates to local funding, and the argument on 5 that Constitutional Amendment was that we were 6 again invading in the legislative area. 7 Remember that a Constitutional 8 Amendment is not something that you just pass 9 through both houses of the Legislature. It's 10 got to be by two consecutive legislatures, and I 11 only point out it goes to the people for a 12 vote. 13 I mean it's been said that the 14 ultimate in determination is the people's vote, 15 and I only point that out. So this is not 16 something that is easily done, nor do I do it 17 without some trepidation. But I think your 18 argument -- and I understand your argument. It 19 seems to me is we are not doing great damage to 20 the Constitution. In fact, we are following the 21 rules as the framers of the Constitution set up 22 to amend the Constitution. 23 SENATOR SOLOMON: Thank you. On 4239 1 the bill, again. 2 As I said before, I think this is 3 a poor way to implement the legislative policy 4 which has not been able to pass or override the 5 veto by the executive. 6 And to go at the heart of the 7 matter, if we believed that the people as a 8 final arbitrator, that it was so important to 9 deliver it and have it put out by the people for 10 a vote, then I find it odd to understand why 11 this house refuses to pass initiative and 12 referendum. 13 In that's the philosophy, "Let's 14 give it to the people, and let's let the people 15 vote on the Constitutional Amendment," well, 16 then let's throw in initiative and referendum. 17 And if we had initiative and referendum, none of 18 us would be in this position because you could 19 have put a death penalty on the ballot through 20 the referendum process. 21 I think what we have here is what 22 I said before. We are attacking the basic 23 system of government, the basic checks and 4240 1 balances that are established in both the 2 federal system and the state system which we 3 have today. 4 A piece of legislation which we 5 have tried to pass time after time after time 6 has been vetoed by the Governor. We have tried 7 to override that Governor's veto on numerous 8 occasions. The end result has been that we have 9 not been successful in the lower house. The 10 Governor's veto has never been overridden in the 11 Assembly. 12 The basic constitutional concepts 13 had worked. The check of the executive branch 14 upon the legislative branch had worked and 15 continued to work in the way in which it might 16 have been anticipated by the people who had 17 drafted our original state Constitution and, 18 indeed, along the similar lines of the people 19 that drafted the federal Constitution. 20 I think we are setting a very 21 dangerous precedent to take something as 22 important as the basic functions of government 23 in this state and to overrule those foundations 4241 1 because we as a legislative body, sitting for a 2 very small period of time in terms of the total 3 concept of history of this state, over a 14-year 4 period, has been frustrated in implementing one 5 specific piece of legislation, and to say let's 6 do it by Constitutional Amendment, it's two 7 different shots at two different legislatures, 8 we can bypass the Governor's veto, we can put it 9 on the ballot and hopefully the people will vote 10 in favor of this, because we as a Legislature 11 couldn't play by the rules that were established 12 when the state Constitution was originally 13 implemented over 200 years ago. 14 And I don't think this is 15 something that should be taken very lightly by 16 the members of this house, by people that say 17 well, it's just one way of doing something 18 politically; it's just one way of finally 19 implementing the death penalty. 20 I think this is something where 21 in good conscience you have to sit down and 22 think about the oath of office you took or that 23 document you signed if you didn't take the oath 4242 1 of office before a notary public and really 2 think where you're going on something that 3 attacks the basic concepts of the Constitution. 4 Because there is no question this 5 is being done as the result of frustration over 6 the fact that we have not been able to override 7 the Governor's veto on this specific issue. This 8 is not being done because the Constitution has a 9 flaw and we need a specific amendment to resolve 10 that flaw. 11 And as I said before, this really 12 attacks that basic concept of three governmental 13 branches with checks and balances. And as 14 someone who has always voted for the death 15 penalty and voted to override the Governor's 16 veto, I think it's important for many of us who 17 have done so to vote against this bill because 18 it tries to change the rules of the game. 19 It's not the issue whether it's 20 right or wrong to implement the death penalty. 21 It's changing the rules of the game, and I think 22 that's what is very wrong about this 23 Constitutional Amendment. 4243 1 ACTING PRESIDENT FARLEY: Senator 2 Gold. 3 SENATOR GOLD: Thank you, Mr. 4 President. 5 Mr. President. I am in one 6 respect very happy that the debate is going 7 along the lines that it's going because there 8 seems to be attention paid to the structure 9 rather than just the code words "death penalty," 10 and I was afraid when this debate first got 11 under way or I heard that it was going to take 12 place today that people would get lost in the 13 slogan "death penalty" and not be concerned 14 about the process, because the process is 15 essential. 16 But first let me say this to put 17 it in perspective. Senator Volker started by 18 saying that there is a need for this, the death 19 penalty. And let me just address that very 20 simply. There is no need for it. 21 There is a need to do something, 22 and the Governor has made a suggestion. Put 23 people away for the rest of their lives without 4244 1 the possibility of parole. They will never kill 2 again. They will be in prison, and that's fine 3 and society does not then have to become as 4 barbaric as the barbarians who kill in our 5 streets. So it's not that the death penalty is 6 needed. It is some people's answer, but it is 7 not the only answer. 8 Senator Volker, what we're doing 9 today is very, very dangerous. Now, I'm not 10 saying that Dale Volker is dangerous. Dale 11 Volker, as I've said so many times, is a 12 gentleman of good will who happens to have a 13 belief. But, Senator, what we're talking about 14 today is very, very dangerous. 15 There is a reason why it is 16 different procedurally to pass a law and to 17 amend the Constitution. There is a reason for 18 it. Our forefathers and mothers -- well, I 19 guess in those days it was forefathers, knew 20 what they were doing. The word "Constitution" 21 and the word "law" are different. 22 A Constitution is something which 23 sets a framework for an entire government and a 4245 1 society and the way you are going to live and 2 set up your business. And you've got an article 3 that deals with the judiciary, and you've got an 4 article that deals with the legislature, and 5 there are massive concepts of how people will 6 live that get set forth in a Constitution. 7 United States Constitution is a 8 perfect example of that. Ours is a less perfect 9 one, and I know in 1967, when we had our last 10 constitutional convention, there were many 11 people who had hoped that we could shorten this 12 Constitution and bring it in, bring it in 13 tighter, so that those items which were more 14 appropriately dealt with as laws would be dealt 15 with as laws, and our grandiose principles would 16 be set forth in a Constitution. 17 The Constitution is bigger than 18 any one issue and particularly this one, and if 19 you can't have your way as other people have not 20 had their way, you don't tamper with the process 21 to win a point. And, Senator Volker, I know how 22 important you think this point is, but there are 23 other people who think points are important, 4246 1 too. 2 And as I said, Senator Volker, if 3 you take a look at the list of proposed 4 Constitutional Amendments that are sitting in 5 the Legislature today, you will find that there 6 really are a couple of different kinds of 7 philosophies. 8 One of our members believes there 9 ought to be a unicameral legislature. That is a 10 governmental philosophy, and you can only deal 11 with that by affecting the constitutional 12 because the Constitution provides for two 13 houses. 14 We specifically forbid gambling 15 in this state by Constitution. So if you want 16 to deal with gambling, you must by necessity go 17 to the Constitution. 18 Some people believe that judges 19 should not be elected and there should be other 20 processes. Some people believe all judges 21 should be elected. Those are matters which you 22 must deal with in the Constitution. 23 However, as I said, there are 4247 1 other philosophies. One member of this house 2 who has voted against certain reforms believes 3 that the Constitution ought to tell us that we 4 shouldn't work past 12:00 o'clock at night in 5 this Legislature. I mean can you really believe 6 that that is an issue that we can't decide 7 ourselves that must go to the people in a 8 Constitutional Amendment. 9 We have members that believe that 10 if the Governor is going to give pardons and 11 commutations that the Constitution ought to 12 provide who writes to him and what kind of 13 information he handles, matters which are for 14 the law which may change day in and day out. 15 One member believes we should be 16 out of here at a certain time and that ought to 17 be a Constitutional Amendment. 18 Take a look at it. Read the 19 Legislative Index for yourselves and decide 20 whether or not you think that some of these 21 items are entitled to the dignity of being 22 Constitutional Amendments or not. 23 You get to a pooint of belittling 4248 1 the system. Unfortunately, you know, once this 2 train gets on the wrong track, it is very hard 3 to get it back again. I will give you a perfect 4 example. 5 I have spoken to many of you in 6 private off this floor, and I think almost all 7 of us are in agreement that we don't have the 8 competence to give out pensions. Somebody did it 9 about five years ago. Next year, there were 10 about four or five. Now we're getting flooded, 11 and poor Caesar Trunzo has a bill that he can't 12 get past the Assembly, to their lack of credit, 13 which would get us out of that business, but we 14 got out on this track and now we're lost. 15 There are other issues around. I 16 believe if we submitted a Constitutional 17 Amendment proposal to the people, they might 18 determine women's right of self-determination of 19 their body and put it right in the Constitution, 20 and some of you would shiver and shudder that 21 that would go in the Constitution, but that 22 might in fact be such. 23 There are people over here who 4249 1 say isn't it ridiculous. There are people who 2 get beaten up. Their lives are taken away 3 merely because of their preferences, where they 4 were born, their color. And, gee, let's go to 5 the Constitution. We can even get that as a 6 law. 7 Maybe we should have a whole 8 litany, and maybe as the Governor has said there 9 should be a constitutional convention. But 10 doing this one issue in this way, I say again is 11 a danger. 12 Thanks to my very dear and 13 distinguished colleague, Senator Galiber, I have 14 in front of me an AP story which is very, very 15 old. It is old. It is about seven hours old. 16 Comes out of Washington today, and it talks 17 about a fellow by the name of John L. Sullivan, 18 not the famous boxer, but a man who was 19 sentenced death in 1980 in Louisiana, and it 20 took until 1993 for the Supreme Court to finally 21 say that the charge to the jury was so unfair 22 that the conviction had to be thrown out. 23 Interestingly enough, in reading 4250 1 the story, the first relief that this man got 2 was not in 1993. Because, before this, the 3 Louisiana court said, well, the trial stunk 4 enough so we'll eliminate the death penalty part 5 of it, but we're going to keep him in jail, 6 anyway. But it took the United States Supreme 7 Court to say thirteen years later that the man 8 ought to have a fair trial. 9 I guarantee you with a death 10 penalty provision in New York and what you are 11 talking about under this bill, Senator Volker, 12 he would have been dead. Because I know that 13 you don't want a death penalty bill that is 14 going to last for years and years and years 15 because what I hear from everybody that talks 16 about the death penalty unless you start frying 17 people or doing something to them, there's no 18 deterrent. So the only way you are going to get 19 a deterrent is when people start seeing these 20 dead bodies of people we convict and you can't 21 have people sitting around on death row for 22 thirteen years. 23 Bottom line of this is very 4251 1 simple. I don't agree with the death penalty, 2 Senator Volker, and you know that. I have 3 another colleague who spoke a little earlier who 4 said he does agree, but he is going to vote no 5 today. 6 I really urge everybody in this 7 house to consider what we are doing. If you have 8 voted for the death penalty to become a law in 9 New York State, you have made your political 10 statement. You have made your conscience 11 statement. And I don't say political statement 12 in a nasty way, because I don't think anybody 13 here is voting for the death penalty for 14 political reasons. I know it comes from the 15 heart, and I give everybody the same benefit of 16 the doubt I would give myself. 17 But you've made your statement of 18 what you believe the law ought to be. Today, 19 you have to make a statement that stands up for 20 the Constitution as a document which is more 21 sacred than any one law that we have in this 22 state. That is the issue. 23 The side issue to that is whether 4252 1 or not we are going to surrender our authority, 2 abdicate our authority, and in situations where 3 we either do not want to make a decision because 4 it's politically hot or in a situation where we 5 may not be able to get our way because the 6 structure of government is such that it's checks 7 and balances, we are going to abdicate our 8 authority to the people. Our power in this 9 house comes from the people. They want us to 10 have it. They didn't give it to us for us to 11 abdicate it back to them if the issue gets tough 12 or if the politics gets tough. 13 I'll close in telling you one 14 story. I was in an election campaign a number 15 of years ago, a very difficult one, and I didn't 16 agree with many of the people in my community on 17 a certain issue. And I was explaining to 18 somebody there that I had to do what I thought 19 was the proper thing. My conscience would 20 require me to do it, what I thought was in the 21 best interest of my people, and I was getting a 22 lot of heat from the one young man who wouldn't 23 let go. 4253 1 And finally, I said to him -- I 2 said, "Look, if you had a belief that something 3 was absolutely the proper governmental thing to 4 do but the people in your community, the 5 majority of them, didn't agree with that and now 6 you are on the floor of the Legislature, what 7 would you do?" And the guy throws back his 8 chest; he says, "I'd abstain." And I said, 9 "Well, I'm sorry. I'm not running for office 10 to abstain. I'm running for office to vote." 11 Today, we're about to do 12 something that is dangerous. We are not being 13 asked to change the Constitution because the 14 legislative structure is wrong. We're not being 15 asked to discuss how we elect or don't elect 16 judges. We are not being asked anything about 17 structure of our government. We're being asked 18 to tamper with our Constitution to change a law, 19 and that is a horrible, horrible precedent to 20 get involved in. 21 And I hope that everybody, no 22 matter how you feel about the death penalty, 23 will join me and Senator Galiber and many others 4254 1 in voting no on this proposal. 2 (Senator Seward was in the 3 chair. ) 4 ACTING PRESIDENT SEWARD: Senator 5 Dollinger. 6 SENATOR DOLLINGER: Thank you, 7 Mr. President. 8 I rise today to speak against 9 this proposed Constitutional Amendment. And 10 before I start on the substance I want to share 11 Senator Volker's frustration. He's been in the 12 Legislature for seventeen years on something 13 that is very close to his heart, something that 14 he has strong convictions on. Now, I've been in 15 this Legislature for five months. I've had 16 strong convictions on a number of issues, and I 17 have already tasted frustration. So I can 18 imagine what seventeen years does, especially 19 when you think the majority of the people are 20 behind you as Senator Volker thinks they are on 21 this issue. 22 But I look at this Constitutional 23 Amendment, and I have to ask a very simple 4255 1 question. What is broken? Why do we need this 2 amendment? Where does the need, the essence of 3 this come from? And it seems to me that the 4 answer to that question is equally simple. 5 What is broken is not our 6 constitutional system and not even our system of 7 checks and balances, but the pure and simple 8 fact that for the last seventeen years under the 9 Constitution of this state there has been power 10 vested in one person through use of executive 11 veto to deny the majority of both houses their 12 will on a particular piece of legislation. 13 Many people would find that 14 repugnant. After all, we're thwarting the will 15 of the majority. Except the people this state 16 decided by establishing the two-thirds 17 requirement for veto that that was the 18 limitation that was put on the legislative 19 power. 20 Those of you who have been 21 present in our debate about the Comptroller and 22 the power of appointing the Comptroller and the 23 concepts of the constitutional requirements for 4256 1 that appointment know that constitutional power 2 and enabling power is something close to my 3 heart as a lawyer. 4 And I stand here today because it 5 seems to me that we don't have to change the 6 allocation of power in this state to solve the 7 problem that the sponsor of this legislation 8 sees as impeding the imposition of a death 9 penalty. The solution, I submit, is very 10 simple. 11 The people of this state can 12 elect a governor who agrees with Senator Volker; 13 and when they do, there will be a death penalty 14 in this state. It will be over my strong 15 opposition and over my strong advocacy against 16 it, but that is clearly what can happen in our 17 constitutional system, because the system of 18 power that we've established says that that one 19 person will have the ability to sign the 20 legislation and take it into effect. 21 It seems to me that this bill is 22 designed to address one particular person's one 23 particular view on a particular issue, and that 4257 1 I submit, ladies and gentlemen, is a very 2 dangerous precedent in the history of this state 3 and in country that we would modify our 4 underlying constitution because of the 5 predilections of one particular person. 6 Where does it stop? Where is the 7 end point? Do we simply change the Constitution 8 because of one person every time that one person 9 uses the power vested in him by the people to 10 effectuate his own beliefs. It seems to me that 11 we are embarking on an extremely dangerous 12 approach. 13 I also rise, Mr. President, 14 because I think that if you look at the context 15 of this proposed amendment, you will see that 16 the real problem that Senator Volker is seeking 17 to address is not something that affects the 18 legislative power in Article III of our 19 Constitution but is actually better found in 20 Article IV, section 7, which creates in the 21 executive branch the ability to impose a veto on 22 the majority of both houses. 23 And my suggestion to Senator 4258 1 Volker is that if your intent is to change the 2 scope of the veto power, this amendment belongs 3 in Article IV, not in Article III. It's 4 homeless in Article III because there is nothing 5 to attach it to. 6 Read the text of Article III in 7 the Constitution. You will see it's a litany of 8 empowering the Legislature to conduct a 9 particular activity. The word "shall" is 10 contained in each section of Article III. The 11 Legislature shall maintain a Journal. The 12 Legislature shall have legislative power. It 13 shall be vested in two houses. It is an 14 enabling document. It is giving us the power 15 under the restrictions of Article IV to enact 16 legislation on behalf of the people. 17 What we seek to do today is to 18 jump over those checks and balances in what I 19 believe is a very, very dangerous precedent. 20 But I throw one other word of 21 caution in all of my colleagues, and that is I 22 believe that this amendment is the first step in 23 altering the entire power vested in the 4259 1 Legislature of this state. I believe that what 2 we will do is fundamentally restrict our own 3 power to enact legislation and in fact invest 4 the judiciary with the dangerous ability through 5 interpretive power to set constitutional 6 standards that this Legislature cannot change by 7 interpreting this death penalty to require 8 certainly additional protections or minimal 9 protections for the accused, by interpreting the 10 sections that deal with criminal procedure. 11 All of those can be interpreted 12 in a fashion in which the majority of both 13 houses disagree with and the Governor of this 14 state disagrees with, and yet we will no longer 15 have the ability to change the underlying 16 Constitution without an approval vote from the 17 people, a process that even the sponsor agrees 18 will take many, many years. 19 I would just point to another 20 time in history. My colleague, Senator Galiber, 21 talked about the constitutional convention. I 22 just ask you all to recall in the early 1960s 23 when you saw the signs throughout the United 4260 1 States that said impeach Earl Warren, and why, 2 because there was a perception in this country 3 that the judiciary had too much power through 4 the power of interpretation of the 5 Constitution. They had created rights. They 6 had created liberties. They had rewritten the 7 standards, in my view properly so, but there was 8 an entire body in this country that felt that 9 the judiciary had too much power through 10 interpretation. 11 My fear is that by enacting a 12 Constitutional Amendment on the death penalty, 13 we will shift from this body the legislative 14 power to decide what is appropriate in the 15 context of the state imposition of death for 16 criminal activity, and we will shift it instead 17 to the judiciary, and we may never be able to 18 get it back. 19 So, in my view, this amendment is 20 not a solution to the underlying problem that 21 Senator Volker finds. It is not a 22 constitutional problem. It is at best a 23 political problem. It is one that can have a 4261 1 political solution. The voters have the ability 2 to do that. They have decided for the last 3 eighteen years to elect two candidates who 4 happen to be strongly against the death penalty, 5 who repeatedly vetoed the death penalty, and yet 6 the people of this state have continued to vest 7 them with the power to veto death penalty 8 legislation which is passed by the majority of 9 both houses. 10 It seems to me that that's the 11 political solution that Senator Volker seeks. 12 It's not to set a dangerous precedent by taking 13 a Constitutional Amendment to the people that 14 would give away the power of this body, that 15 would run the risk that we would never be able 16 to change the legislation, underlying 17 legislation in the event that there were an 18 unfavorable determination from the Court of 19 Appeals. 20 We may give away the very 21 legislative power that the people originally in 22 the Constitution gave to us. Before we give 23 away that constitutional power, I think we have 4262 1 to examine this extremely carefully, realize 2 that in fact there is nothing broken in this 3 state, that the political solution can be had 4 through the voters through the ballot box, and 5 we should retain the legislative power to 6 ourselves. 7 Although I disagree with the 8 exercise of that power on the death penalty, I 9 do believe that that power ought to continue to 10 reside in this body and should not be 11 frivolously given away through a Constitutional 12 Amendment that is wrong-headed. 13 For those reasons, Mr. President, 14 I am opposed. I would ask that my colleagues 15 vote no on this proposal. 16 ACTING PRESIDENT SEWARD: Senator 17 Espada. 18 SENATOR ESPADA: Yeah, Mr. 19 President. My people, Senators and staff on both 20 sides of this question, I thank you for 21 preparing the questions and the statements that 22 by the time my turn comes around they've been 23 asked and commented upon, and, quite frankly, I 4263 1 will admit that we all have respect for that, 2 but there were many that I think Senator Volker 3 had answered about whether or not in the 4 Constitution of this state, something so 5 inappropriate as the whole issue of death, a 6 document that speaks to this whole issue of 7 liberty, freedom, hopes and promises now will 8 speak to death after two votes of this body, a 9 couple of votes of the other body or the other 10 house, and it will then go to the voters. 11 So the question of whether we 12 abdicate, abrogate, surrender our powers as a 13 Legislature don't become so important any more. 14 They have been covered by eloquent testimony 15 already. I want to skip and go back to my home 16 turf where I come from in the South Bronx 17 because these are some of the rare occasions I 18 get to speak about life and death in the South 19 Bronx. 20 But this time around I get to 21 speak about -- when I go back home Thursday, I 22 get to speak about Volker and Graber. I get to 23 speak about what they have to say about it, life 4264 1 and death and the people in my district when we 2 talk about -- talk to them about issues of death 3 and how an eye for an eye is good for the soul; 4 it's only just, you know. They took your 5 brother or your sister or they shot a cop or 6 corrections officer, Miss Guana or Miss Smith. 7 Is it fair to take somebody's death after they 8 did that? You know what their answer would be? 9 We don't need no fancy Constitutional 10 Conventions or amendments. They say yes. 11 They're colder and harder than anybody here. 12 They're tougher than anybody here. They say 13 yes, fry 'em once, fry 'em twice. All because, 14 you know, that's the free will of the people. 15 If I go to some of the other 16 counties in this state, they may have some free 17 exercise of their will too. They may not allow 18 me and my kind to live in their area, free 19 exercise of the will of the people. 20 That's wrong. Miss Guana, Miss 21 Smith in my district may be wrong too. But we 22 have to be consistent. We're elected up here 23 because we've convinced a whole lot of people 4265 1 that we know a little bit about governance, a 2 little bit about public policy setting. Let's 3 talk about some of that free will of the people 4 then, and how it affects social policy. 5 This will pass, not because your 6 side has won or some virtuous side has won over 7 a less virtuous or less side or less right 8 side. The fact of the matter is it's a question 9 of power. And what does that have to do with 10 the free exercise of the will of the people? 11 Senator Gold has already said that there's a 12 bunch of amendments that speak to all kinds of 13 rights and all kinds of things that people would 14 like to see exercised as a matter of right in 15 their daily lives that won't see the light of 16 day here. Why? Question of power. It's a 17 question of an imbalance of power. 18 This time around, this time in 19 history you got it, enjoy it. Should that 20 affect our Constitution? Should that affect a 21 document that has lived for so long, untampered 22 by the practicalities of politics, the 23 frustrations of 17, 18 years of not getting 4266 1 one's way? 2 Go back to this issue of the free 3 will of the people. Volker and Graber had their 4 way, once, twice, and now it's your say, we tell 5 the people in the South Bronx. But two years 6 from now, what about the housing that they come 7 to my district office for? Have we built any of 8 that? What about fixing up some of those school 9 roofs that are leaking and some of those 10 classrooms that are in disrepair? And what 11 about that health care system and that municipal 12 hospital and no primary care? What about that 13 other stuff that you guys voted on for no 14 abortion for women on Medicaid? How can they 15 spend on the one hand for life and fight so hard 16 for life, and on the other hand fight so hard to 17 take it away and put it all in one document? 18 What brilliant people they are! But how in 19 consistent they really, truly can be. 20 And so the Constitution was meant 21 for many things but it wasn't meant for 22 practical politics. It wasn't meant for 23 inconsistencies. It wasn't meant to have the 4267 1 free will of the people exercised sometimes when 2 the power swings your way. 3 So for all those reasons, Mr. 4 President, we have to vote no for this. The 5 exercise of power and the balance of power in 6 this issue and in this house will dictate 7 otherwise, I'm sure. But in the end we'll pay a 8 heavy price for it. 9 Thank you so much. 10 ACTING PRESIDENT SEWARD: Senator 11 Volker to close. 12 SENATOR VOLKER: Mr. President, 13 very briefly. 14 Let me just say that certainly 15 there are many in this chamber who have a -- I 16 don't want to say I have as high regard for the 17 Constitution as many people in this chamber 18 because I don't want to presume to do that. I 19 will say, though, that let me point out that 20 truly there was not one substantive argument as 21 such against this Constitutional Amendment. A 22 lot of procedural arguments and, Senator 23 Dollinger, as we discussed it -- discussed in 4268 1 the committee, the issue of whether this 2 Constitutional Amendment goes in Article III or 3 Article IV is certainly a debatable one, but, as 4 I asked you at the time, whether it's in Article 5 III or Article IV does not make it invalid nor 6 constitutionally shaky. I suppose it depends on 7 your perspective of how it should be, but it 8 certainly does not mean that it is improper. 9 I have an immensely high regard 10 for the Constitution. Let me point out also, 11 though, that I don't know if I agree that the 12 Constitution was meant as a static document. In 13 fact, I don't agree. 14 Now, you can argue that the 15 reason we are doing this is because of events 16 that have occurred, but let me point out to you 17 that there was nothing that I know of that says 18 that anyone in framing the Constitution or since 19 then has said that this sort of action couldn't 20 or shouldn't be taken. 21 Let me point out that the 22 Governor of this state is proposing a 23 Constitutional Amendment, or Constitutional 4269 1 Convention, I'm sorry because I -- Senator 2 Galiber reminded me, I was there not as a 3 delegate or anything of that nature; I was there 4 with my father, who was a counsel to the 5 Constitutional Convention in 1967. I remember 6 it very well. 7 I can remember that there was an 8 awful lot of debate and unfortunately very 9 little came out of it, but as my father said, 10 that was just as well considering the 11 situation. But I guess that depends on your 12 perspective. 13 But the point I'm trying to make 14 is and I've told some people this and my good 15 friend, Governor Cuomo, and I have had a few 16 discussions, it's arguable that the main reason 17 that the Governor wants the Constitutional 18 Convention is because there are several bills in 19 my committee that he has not been able to get 20 accomplished in this house, and I could name 21 them, but I think I would be better not to. 22 The point I'm trying to make is 23 that, whether you do it by Constitutional 4270 1 Convention or Constitutional Amendment, we are 2 part of a process here that attempts to 3 accomplish certain things. Let's face facts. 4 The real argument here is the people who oppose 5 this Constitutional Amendment are saying to me, 6 We don't like it because you may accomplish it 7 and we don't really like the way you 8 accomplished it and we would prefer you didn't 9 accomplish it. 10 I understand that. But I say to 11 you this: If I agreed with you, Senator Galiber, 12 that this was doing some sort of severe damage 13 to the Constitution, I would be the first one to 14 withdraw this and to say I would not do it. In 15 fact, the proposal that was made by some people 16 in the past that would eliminate the Governor 17 totally from the process and would say, in 18 effect, that you would have -- you would not 19 need any implementing legislation, was something 20 to me that, first of all, as a practical matter 21 I think constitutionally would have been 22 questionable. That is, that when you completely 23 change the process in one case, I think you are 4271 1 in a situation where you are asking, in fact, 2 for interminable litigation. Certainly in the 3 death penalty area, the one thing that we don't 4 need is interminable litigation. 5 As I have pointed out in the 6 past, when I hear about people who are retried 7 after ten years, it's no secret that if you can 8 get a new trial for a person in a death penalty 9 issue, the chances of reconvicting him are very, 10 very slim whether they committed the crime or 11 not because witnesses are gone and in death 12 penalty cases are much more difficult to convict 13 people. Rightfully so. 14 That's why, as I pointed out to a 15 number of these people who run around the 16 country desperately trying to get people out of 17 jail who are tried on death -- in death penalty 18 situations, the one problem is, as I pointed out 19 to a fellow from Harvard, how does it feel to be 20 somebody who has let a number of people out of 21 jail who have killed people and are now out 22 there in our society with the possibility of 23 killing again because a number of those people 4272 1 clearly did the crime. 2 And that I think is the problem 3 here. The problem here is that, yes, this is 4 not the normal processes, but there is nothing 5 here that violates the Constitution, in fact, it 6 seems to me, or the spirit of the Constitution. 7 I think that, if I had my druthers, obviously I 8 would do it in the normal way. But the 9 arguments that I think everybody made against 10 this Constitutional Amendment basically say, 11 Hey, we would prefer that it not be done this 12 way, one reason being you may be able to do it 13 and we don't want you to do it. 14 I understand that. I think that 15 what we should do is move on this. If the 16 Assembly does it, then, we'll deal with it in 17 the next Legislature and then the people can 18 deal with it because, remember, there is an 19 argument that the people are the final 20 arbitrators on this, and that maybe democracy in 21 certain cases has to make that decision where 22 there was a close case such as this, where the 23 people at least on the surface are so 4273 1 overwhelmingly in favor and for various reasons 2 have not been able to do it. But I think under 3 the circumstances, as I said, that this is the 4 best way to proceed at this time, and I think we 5 should pass this amendment, and I would hope 6 that the Assembly would do it also. 7 SENATOR GOLD: Slow roll call. 8 ACTING PRESIDENT FARLEY: Slow 9 roll call. Slow roll call has been asked for. 10 Ring the bell. The acting Majority Leader asked 11 that Senator Gold's name be called out of 12 order. 13 THE SECRETARY: Senator Gold. 14 SENATOR GOLD: No. 15 SENATOR GALIBER: Mr. President, 16 would it quicken the process if I asked that my 17 name be called to explain my vote, or do you 18 want to wait. 19 ACTING PRESIDENT FARLEY: That's 20 up to -- Senator Present says certainly. 21 Senator Galiber to explain his 22 vote and to have his name called. 23 Senator Galiber, your name has 4274 1 been called. 2 SENATOR GALIBER: Yes. 3 Mr. President, I listened very 4 carefully to my good colleague and friend, 5 Senator Volker, suggest that there was nothing 6 substantive about some of the objections that we 7 had, and those of you who can recall the 8 embarrassment when this was attempted, this sort 9 of legislation was attempted and put into the 10 federal Constitution under the 18th Amendment 11 called "Prohibition," they were so embarrassed 12 about that that it took us years and years to 13 repeal the 18th Amendment. 14 ACTING PRESIDENT FARLEY: Senator 15 Galiber, excuse me just a moment. 16 The Senators are coming in for a 17 slow roll call. I'm going to ask that the noise 18 please be kept down so we can hear Senator 19 Galiber explain his vote. 20 SENATOR GALIBER: -- where we, in 21 reality, Mr. President, were so embarrassed on a 22 federal level that we had to repeal the 18th 23 Amendment. So we have some history, some sub 4275 1 stantive history, on this kind of transaction. 2 Senator Volker, if this bill 3 passes today, this first go-round, if this 4 resolution passes, New York will be -- New York 5 will be the first state that has in their 6 Constitution a death penalty, the first one. 7 You are right about the various amendments, but 8 not -- we will be -- have the dubious distinc 9 tion of being the first state. 10 In addition thereto, that if this 11 bill passes, for all practical purposes, the 12 Governor is out of the loop. But never mind 13 this business about the enacting piece of 14 legislation. He is out of the hoop, and the 15 sponsor of this legislation knows that, and your 16 amendment, Senator Volker, is highly technical 17 and it's complicated, and the real purpose of 18 any Constitutional Amendment should be based on 19 broad principles and constitutional simplicity 20 which doesn't have the same effect that -- if 21 this piece of legislation passes. 22 The Constitution should be a 23 framework as was mentioned before. It is not a 4276 1 place of detailed legislation. That should be 2 left up to us and, Senator, those who were not 3 at the Convention I'm proud that I was there and 4 you were there with your father. 5 Let me give you an idea of what 6 this simplistic instrument with its flexibility, 7 the kinds of issues that they were talking 8 about, the committees that were formed, and the 9 Committee on Economic Development, Committee on 10 Education, Committee on the Executive Branch, 11 the Committee on Health, Housing and Social 12 Services, Committee on Inter-Government 13 Relations, Committee on the Judiciary, Committee 14 on State Finance and Taxation Expenditure, 15 Committee on the Rules, Natural Resources and 16 Agriculture. 17 These are the kinds of things 18 that are in our Constitution, not this what you 19 wish to put in. There is no -- absolutely no 20 place in the Constitution for this. 21 So to suggest that this merely 22 has been a procedural process is misleading us, 23 and I know in your heart you don't wish to do 4277 1 that, but we have the strength of some 2 substantive changes in this instrument, and I 3 close, Mr. President, as I did before, we had an 4 experience on a federal level with Prohibition. 5 We will be the first state to have in its 6 constitution a death penalty. We will take the 7 Governor out of the loop. We will do away with 8 checks and balances. 9 This is a disgrace that we have 10 this piece of legislation before us, merely 11 because of frustration, merely because we can't 12 go through the process. You got to deal the 13 hand; the hand that you're dealt, that's the one 14 you play, Senator, and if you can't win fair and 15 square, why do we have to circumvent and go into 16 the Constitution which has held us in good stead 17 for so very long? 18 There's plenty of substantive 19 matters here, and I say again a vote in favor is 20 not in favor of the death penalty. A vote for 21 this resolution is against the Constitution of 22 this great state of ours. 23 ACTING PRESIDENT FARLEY: How do 4278 1 you vote? 2 SENATOR GALIBER: I vote no. 3 ACTING PRESIDENT FARLEY: Senator 4 Galiber in the negative. 5 Start the roll call. 6 THE SECRETARY: Senator Babbush. 7 (There was no response. ) 8 Senator Bruno. 9 SENATOR BRUNO: Yes. 10 THE SECRETARY: Senator Connor. 11 (There was no response. ) 12 Senator Cook. 13 SENATOR COOK: Yes. 14 THE SECRETARY: Senator Daly. 15 SENATOR DALY: Yes. 16 THE SECRETARY: Senator 17 DeFrancisco. 18 SENATOR DeFRANCISCO: Yes. 19 THE SECRETARY: Senator 20 Dollinger. 21 SENATOR DOLLINGER: No. 22 THE SECRETARY: Senator Espada. 23 (Negative indication. ) 4279 1 THE SECRETARY: No. 2 Senator Farley. 3 SENATOR FARLEY: Aye. 4 THE SECRETARY: Senator Galiber 5 voting in the negative earlier. 6 Senator Gold voting in the 7 negative earlier. 8 Senator Gonzalez. 9 SENATOR GONZALEZ: No. 10 THE SECRETARY: Senator Goodman. 11 SENATOR GOODMAN: Aye. 12 THE SECRETARY: Senator 13 Halperin. 14 (There was no response. ) 15 Senator Hannon. 16 SENATOR HANNON: Yes. 17 THE SECRETARY: Senator 18 Hoffmann. 19 SENATOR HOFFMANN: Aye. 20 THE SECRETARY: Senator Holland. 21 SENATOR HOLLAND: No. 22 THE SECRETARY: Senator Johnson. 23 (There was no response. ) 4280 1 Senator Jones. 2 SENATOR JONES: Explain my vote. 3 ACTING PRESIDENT FARLEY: Senator 4 Jones to explain her vote. 5 SENATOR JONES: I find this a 6 very difficult vote to make, and I have listened 7 as have all of you, and read all the material on 8 this. I personally am opposed to the death 9 penalty. I will continue to be opposed to it. 10 I will speak against it. All the reasons have 11 already been given. It is not a deterrent to 12 crime. There's a minority issue and the chance 13 of even one innocent person being sent to the 14 death chamber are all valid reasons, I think, 15 that the death penalty should not be in this 16 state. If it is on the ballot, I will 17 personally go to the poles and exercise my right 18 as a voter and vote no. 19 In this case, however, I agree 20 with my colleague who said a vote on this issue 21 is not a vote in favor of the death penalty. It 22 is a vote in favor of the people also having the 23 same rights that I do to vote. I'm sorry to say 4281 1 that life without parole is combined with this. 2 I think it should be a separate issue, because I 3 believe if it were, the people in this state 4 would choose life without parole. I also think 5 initiative and referendum would have been the 6 correct way to go about this, but since none of 7 these choices are here in this case, I feel as 8 though I must cast my vote in favor of the 9 people of the state having a right to vote on 10 this, just as I do. 11 So I vote yes. 12 ACTING PRESIDENT FARLEY: Senator 13 Jones in the affirmative. 14 Continue the roll call. 15 THE SECRETARY: Senator Kuhl. 16 SENATOR KUHL: Aye. 17 THE SECRETARY: Senator Lack. 18 SENATOR LACK: On the resolution 19 aye. 20 THE SECRETARY: Senator Larkin. 21 SENATOR LARKIN: Aye. 22 THE SECRETARY: Senator LaValle. 23 SENATOR LAVALLE: Aye. 4282 1 THE SECRETARY: Senator Leichter 2 voting in the negative earlier today. 3 Senator Levy. 4 SENATOR LEVY: Aye. 5 THE SECRETARY: Senator Libous. 6 SENATOR LIBOUS: Aye. 7 THE SECRETARY: Senator Maltese. 8 SENATOR MALTESE: Aye. 9 THE SECRETARY: Senator Marchi. 10 SENATOR MARCHI: No. 11 THE SECRETARY: Senator Marino. 12 (Affirmative indication.) 13 THE SECRETARY: Aye. 14 Senator Markowitz. 15 SENATOR MARKOWITZ: No. 16 THE SECRETARY: Senator 17 Masiello. 18 (There was no response. ) 19 Senator Mega. 20 SENATOR MEGA: Yes. 21 THE SECRETARY: Senator Mendez. 22 SENATOR MENDEZ: No. 23 THE SECRETARY: Senator 4283 1 Montgomery. 2 SENATOR MONTGOMERY: No. 3 THE SECRETARY: Senator Nolan 4 voting in the negative earlier today. 5 Senator Nozzolio. 6 SENATOR NOZZOLIO: Mr. President. 7 ACTING PRESIDENT FARLEY: Senator 8 Nozzolio to explain his vote. 9 SENATOR NOZZOLIO: Thank you, Mr. 10 President. 11 My colleagues, I support this 12 measure. I support this measure because it puts 13 the people into the loop of decision-making. To 14 whether or not our state should have a death 15 penalty, this house has been clear. Time and 16 time again, the Legislature has decided it to be 17 in the best interests of justice and of the 18 people of this state to have a death penalty. 19 I've supported a death penalty 20 for 11 years and support this measure, this 21 measure to put the people into the loop of 22 decision-making. The Governor, for too long, 23 has kept this behind closed doors in the sense 4284 1 of not allowing the will of the people to 2 prevail. We're asking that will to prevail 3 through this measure, and that's why I urge its 4 passage. 5 Thank you, Mr. President. 6 ACTING PRESIDENT FARLEY: Senator 7 Nozzolio in the affirmative. 8 Continue the roll call. 9 THE SECRETARY: Senator 10 Ohrenstein. 11 (Negative indication.) 12 THE SECRETARY: No. 13 Senator Onorato. 14 SENATOR ONORATO: No. 15 THE SECRETARY: Senator 16 Oppenheimer. 17 SENATOR OPPENHEIMER: No, and I'd 18 like to explain my vote. 19 ACTING PRESIDENT FARLEY: Senator 20 Oppenheimer to explain her vote. 21 SENATOR OPPENHEIMER: Well, 22 actually, I don't want to so much explain as to 23 -- to question what was just said a moment ago 4285 1 by Senator Nozzolio, which is that we ought to 2 be letting people of the state make decisions on 3 -- on -- make their decision on this issue. 4 I think it would be interesting 5 to put the question to the other side of the 6 aisle and to Senator Nozzolio about permitting 7 this kind of an issue, at least an emotional 8 issue, the Pro-Choice issue, to also come up to 9 the people of this state. The people of this 10 state in large numbers have said that they 11 support Pro-Choice. 12 I personally don't think that 13 it's the right way to go, to put major issues or 14 the majority of issues or, for that matter, any 15 issue up to the people willy-nilly because the 16 facts are, we have been voted into office to do 17 a job and, if our job isn't appreciated, then we 18 are voted out of office, and I think it is 19 simply a way to diffuse and blunt criticism of 20 ourselves to put major burning issues back on 21 the public. 22 We are here to do a job. We 23 should be doing it. I vote no. 4286 1 ACTING PRESIDENT FARLEY: Senator 2 Oppenheimer is in the negative. 3 Continue the roll call. 4 THE SECRETARY: Senator Padavan. 5 SENATOR PADAVAN: Yes. 6 THE SECRETARY: Senator Pataki. 7 SENATOR PATAKI: Yes. 8 THE SECRETARY: Senator Paterson 9 excused. 10 Senator Present. 11 SENATOR PRESENT: Yes. 12 THE SECRETARY: Senator Saland. 13 SENATOR SALAND: Yes. 14 THE SECRETARY: Senator 15 Santiago. 16 SENATOR SANTIAGO: No. 17 THE SECRETARY: Senator Sears 18 voting in the affirmative earlier today. 19 Senator Seward. 20 SENATOR SEWARD: Yes. 21 THE SECRETARY: Senator Sheffer. 22 SENATOR SHEFFER: Yes. 23 THE SECRETARY: Senator Skelos. 4287 1 SENATOR SKELOS: Yes. 2 THE SECRETARY: Senator Smith. 3 SENATOR SMITH: No. 4 THE SECRETARY: Senator Solomon. 5 SENATOR SOLOMON: No. 6 THE SECRETARY: Senator Spano. 7 SENATOR SPANO: Yes. 8 THE SECRETARY: Senator 9 Stachowski. 10 SENATOR STACHOWSKI: Yes. 11 THE SECRETARY: Senator 12 Stafford. 13 SENATOR STAFFORD: Aye. 14 THE SECRETARY: Senator 15 Stavisky. 16 SENATOR STAVISKY: Mr. President, 17 I rise for the purpose of explaining my vote. 18 ACTING PRESIDENT FARLEY: Senator 19 Stavisky to explain his vote. 20 SENATOR STAVISKY: In the course 21 of the debate, some members have cited the 22 experience of Constitutional Conventions and the 23 wisdom of other legislators who have spoken on 4288 1 this issue. 2 This may be an appropriate time 3 to recall the service of a previous member of 4 the state Senate. He was middle of the road; on 5 some issues he was conservative, on other issues 6 he was considered more liberal, but he served 7 with great distinction here. His name was 8 Senator Frank O'Connor, and in the course of his 9 service here he did as other members of the 10 Legislature have done, he maintained a law 11 practice. 12 There came to Senator Frank 13 O'Connor's office one day long before he became 14 district attorney of Queens County or President 15 of the New York City Council or a state Supreme 16 Court justice, while he was a state Senator 17 sitting in one of these seats, there came a man 18 by the name of Belistrato, a musician who was 19 unemployed, who went to a lending institution 20 and sought a loan, which was turned down. 21 Desperate, this man had no idea 22 of where to turn. By a twist of fate, hours 23 after this man, a resident of Jackson Heights in 4289 1 Queens, had appeared at this lending institution 2 and was turned down, somebody appeared who rob 3 bed that institution, and there were witnesses 4 who said that it was Mr. Belistrato who did 5 this. 6 He was indicted; he was tried; he 7 was convicted. He was imprisoned. His family 8 life was destroyed. His wife went insane and 9 committed suicide. Years later someone came 10 forward, was arrested and tried for this crime. 11 A major motion picture was made of this case. 12 It was called THE WRONG MAN, and some of you may 13 recall Henry Fonda portraying the role of Mr. 14 Belistrato, and some may recall that the 15 distinguished Irish actor, Anthony Quayle, 16 portrayed Frank O'Connor. 17 Belistrato was subsequently re 18 leased because they truly had the wrong man. 19 But who in this chamber, whether by Constitu 20 tional Amendment or by ordinary legislation, 21 would wish to sentence the wrong person to the 22 death penalty and then discover at a later date 23 that we truly had the wrong man. In the 4290 1 Belistrato case, it was possible for him to be 2 released, although his life had been shattered, 3 but in the case of capital punishment, there is 4 no turning back when you have convicted and 5 sentenced the wrong man. 6 I vote in the negative. 7 ACTING PRESIDENT FARLEY: Senator 8 Stavisky in the negative. 9 Continue the roll. 10 THE SECRETARY: Senator Trunzo. 11 SENATOR TRUNZO: Yes. 12 THE SECRETARY: Senator Tully. 13 SENATOR TULLY: Aye. 14 THE SECRETARY: Senator Velella. 15 SENATOR VELELLA: Yes. 16 THE SECRETARY: Senator Volker. 17 SENATOR VOLKER: Mr. President, 18 to explain my vote. 19 Very quickly, and you know, 20 Senator Stavisky, I've heard those stories on a 21 regular basis and certainly many of them are 22 certainly valid. But, Senator, 2500 people-plus 23 last year, innocent people, were killed in this 4291 1 state. 2 What I'm trying to point out to 3 you, Senator, is that innocent people are 4 executed every day in this state. In the 5 history of this state, by the way, there has 6 been no case verified of a person who has been 7 executed who was later found to be innocent. 8 Three professors from California came in here 9 and tried to do an interesting study which we've 10 pretty well shown -- we were able to show that 11 the cases that they dealt with were cases where 12 there was ample evidence of the guilt of the 13 people, but mainly what happened is that they 14 were cases where the person, as he was being 15 executed, said, "I wasn't guilty" or somebody 16 else said they weren't guilty, and so forth. 17 Yes, there is, I suppose, the 18 possibility and there certainly is. I would 19 point out to you one thing about death penalty 20 cases, though. Many people who have been 21 convicted in non-death penalty cases, had there 22 been a death penalty available, the likelihood 23 of their conviction would have been much less 4292 1 because, clearly, in death penalty cases there 2 is a much, much greater impetus to check the 3 evidence and make sure that everything in the 4 case is absolutely proper. 5 It's one reason why, 13 years 6 later, Senator Gold pointed out today that a 7 person was released, simply, or not released but 8 was given a new trial simply because of the 9 charge to the jury. Those of us who are lawyers 10 know what that is. They didn't like the way 11 things went; there was some risk involved there, 12 so they decided to find a reason to do a new 13 trial. 14 Senator, the only thing I'm 15 saying is this, and I understand that there are 16 bad cases. Senator, I say once again the bad 17 cases out there, several thousand of them every 18 year, and they cry out for some sort of legisla 19 tion, and I believe that the Constitutional 20 Amendment that we're talkin' of today is the 21 thing that needs to be done to deal with those 22 kinds of innocent people. 23 I vote aye. 4293 1 ACTING PRESIDENT FARLEY: Senator 2 Volker in the affirmative. 3 Continue the roll call. 4 THE SECRETARY: Senator Waldon. 5 ACTING PRESIDENT FARLEY: Senator 6 Waldon to explain his vote. 7 SENATOR WALDON: Mr. President, 8 briefly to explain my vote. 9 I've listened to my colleagues 10 here today, and I've heard the arguments not 11 only today but in previous years about the death 12 penalty but never in the context of a Constitu 13 tional Amendment process via referendum or 14 otherwise, and I find it very interesting that 15 we're going to tamper with the very foundation 16 of what government is all about in this state in 17 order to express the will of certain of our 18 colleagues. 19 The argument was made that we are 20 here to represent the people and that the reason 21 that such a referendum is necessary is that the 22 Governor sitting today and the Governor who 23 preceded him would always veto when the death 4294 1 penalty was passed as legislation. And perhaps 2 in the human experience of going to the ballot 3 box, the population of the state of New York, 4 eighteen and a half million people make a 5 mistake in terms of choosing the leader, but 6 when you break the state down into its smaller 7 compartments, the 150 Assembly Districts and the 8 61 Senatorial Districts, certainly all of the 9 people all of the time have not made a mistake. 10 The greatest right that we have 11 perhaps in America, the greatest rights I should 12 say, are freedom of speech, freedom of religion 13 and the freedom to go to the ballot box and 14 express ourselves. If the will of the people is 15 truly to be done, could they not go to the 16 ballot box next time around and, in each 17 Assembly District and in each Senatorial 18 District, express themselves in such a way that 19 the Governor's veto would be overridden? Then 20 we wouldn't have to tamper with the 21 Constitution. We would not have to attack the 22 foundation of our governance in this state of 23 New York. 4295 1 I think that would be the better 2 way. Let all of us who are political animals 3 rally around the flag that is our particular 4 will in terms of this penalty, this death 5 penalty, this thing that we argue today. I 6 would hope that that would be the better route 7 to follow than the route that's being expressed 8 in terms of this constitutional recommendation 9 which, in my opinion, is the worst thing that we 10 can do in terms of changing the way we do 11 business as a government in the state of New 12 York, and I vote negatively, in the no. 13 ACTING PRESIDENT FARLEY: Senator 14 Waldon is in the negative. 15 Continue the roll call. 16 THE SECRETARY: Senator Wright. 17 SENATOR WRIGHT: Aye. 18 ACTING PRESIDENT FARLEY: 19 Absentees. 20 THE SECRETARY: Senator Connor. 21 SENATOR CONNOR: No. 22 THE SECRETARY: Senator 23 Halperin. 4296 1 (There was no response. ) 2 Senator Johnson. 3 SENATOR JOHNSON: Aye. 4 THE SECRETARY: Senator 5 Masiello. 6 (There was no response. ) 7 ACTING PRESIDENT FARLEY: That's 8 it. Results. 9 THE SECRETARY: Ayes 37, nays 10 20. 11 ACTING PRESIDENT FARLEY: The 12 resolution is adopted. 13 SENATOR WALDON: Such gusto, Mr. 14 President! 15 ACTING PRESIDENT FARLEY: Where 16 are we at? Senator Present, is that - 17 SENATOR PRESENT: Regular order. 18 ACTING PRESIDENT FARLEY: Regular 19 order. 20 THE SECRETARY: Calendar Number 21 434, by Senator LaValle, Senate Bill Number 22 3722-A, an act to amend the Education Law. 23 ACTING PRESIDENT FARLEY: O.K. 4297 1 SENATOR JONES: Explanation. 2 ACTING PRESIDENT FARLEY: 3 Explanation. 4 SENATOR PRESENT: Lay it aside. 5 ACTING PRESIDENT FARLEY: Laid 6 aside. 7 THE SECRETARY: Calendar Number 8 465, by Senator Hannon, Senate Bill Number 643 9 A, Emergency Housing Rent Control Law. 10 SENATOR STAVISKY: Explanation. 11 ACTING PRESIDENT FARLEY: 12 Explanation. Senator Hannon. 13 Senator Mega? 14 SENATOR HANNON: Yes, Mr. 15 President. 16 This bill requires landlords be 17 given a written notice before -- in 21 days 18 prior to the filing of a service reduction 19 complaint. Because there is so much of an 20 enormous backlog of these cases at the Division 21 of Housing and Community Renewal, many times the 22 people who run the buildings are not informed of 23 the problems until months and months later when 4298 1 all the facts are very much hazy and not able to 2 be totally ascertained. 3 So the idea would be to cut down 4 on the backlog, allow people to make corrections 5 by knowing immediately as to what the complaints 6 would be, and to discourage the administrative 7 costs that are attendant upon the current 8 system. 9 ACTING PRESIDENT MEGA: Senator 10 Espada. 11 SENATOR ESPADA: Yes, Mr. 12 President. I rise to speak to a better way 13 there. Senator Goodman's Senate Bill 1330 14 speaks to providing notice, speaks to an 15 administrative process that certainly can be 16 enacted, remedies could be enacted within 14 17 days. Inasmuch as a remedy, a better way, is in 18 place available to us, I would argue and I would 19 suggest that we not vote in favor of this 20 particular bill but await the introduction, the 21 debate, the hopeful approval of Senate Bill 22 1330, a true bipartisan remedy to this problem. 23 ACTING PRESIDENT MEGA: Read the 4299 1 last section. 2 SENATOR SOLOMON: Oh, no, no. 3 SENATOR STACHOWSKI: Slow roll 4 call. 5 SENATOR SOLOMON: Mr. President. 6 ACTING PRESIDENT MEGA: Senator 7 Solomon. 8 SENATOR SOLOMON: Senator Hannon, 9 will you yield, please? 10 SENATOR HANNON: Yes. 11 ACTING PRESIDENT MEGA: Senator 12 Hannon yields. 13 SENATOR SOLOMON: Senator, let me 14 ask you a question. Let's say the New York City 15 agency comes in, housing inspector comes in and 16 they issue a violation to the landlord, and the 17 landlord gets a copy of the violation. 18 Under this legislation, if the - 19 after that violation was issued to the landlord 20 and the tenant subsequently puts in a decrease 21 or an application for a decrease in rent as a 22 result of the violation, would that tenant still 23 have to inform the landlord in writing of the 4300 1 decrease, for the repair? 2 SENATOR HANNON: Yes. Yes. 3 SENATOR SOLOMON: So, if this - 4 Senator, just one step. So official notice from 5 an agency of the city of New York is not 6 sufficient notice to the landlord? 7 SENATOR HANNON: No. Your 8 premise is wrong because there are two separate 9 systems. We haven't even attempted to address 10 that inequity. There is currently systems in 11 regard to rent levels, and there's a whole 12 separate building code inspection system. 13 SENATOR SOLOMON: Right. 14 SENATOR HANNON: So that those 15 cannot be mixed up. One is not dealt with at 16 all in this legislation. 17 SENATOR SOLOMON: Senator, let - 18 let me ask you another question. Senator, an 19 inspector comes in, and the ceiling has fallen 20 down, and the inspector writes a violation and 21 the landlord receives the violation and, under 22 the rent stabilization code, the tenant would be 23 entitled to reduction of rent for that 4301 1 violation. 2 That notice is not sufficient 3 unless the tenant sends written -- additional 4 written notice to the landlord. 5 SENATOR HANNON: Currently that 6 -- your premise is wrong and it doesn't happen 7 that way. If the building code came in and 8 found a violation, that results in absolutely 9 nothing happening to the rent. 10 SENATOR SOLOMON: That's 11 correct. The tenant subsequently files for a 12 rent decrease. 13 SENATOR HANNON: Excuse me. I 14 don't think I've yielded again. 15 ACTING PRESIDENT MEGA: Senator 16 Solomon, before - 17 SENATOR HANNON: The current 18 system. 19 ACTING PRESIDENT MEGA: Senator 20 Solomon, would you please address the chair. 21 Senator Hannon's point is well taken. Do you 22 wish him to yield? 23 SENATOR SOLOMON: Senator 4302 1 Hannon? 2 ACTING PRESIDENT MEGA: Yes, to 3 additional questions? 4 SENATOR SOLOMON: No, I want to 5 speak on the bill. 6 ACTING PRESIDENT MEGA: Senator 7 Solomon on the bill. 8 SENATOR SOLOMON: On this bill, 9 despite twists and turns that I just heard, the 10 fact of the matter is that there is a long list 11 of housing code violations, housing code items 12 for which violations are issued in the city of 13 New York. 14 The fact of the matter is that, 15 if a violation is issued, in many instances a 16 tenant can subsequently file for a decrease in 17 rent as a result of a decrease in services, 18 i.e., a bell buzzer system that does not work 19 for security reasons that a tenant may have been 20 paying an increased rent level for over a number 21 of years, or if he hasn't can still apply for a 22 reduction in rent services, reduction in rent as 23 a result of decrease in services. 4303 1 Now, those violations in many 2 instances, many times before the tenants apply 3 for them, are issued by an official agency of 4 the city of New York. The landlord receives a 5 copy of that violation. What this bill is doing 6 is taking every tenant and saying, even though 7 you receive the notice, even though the landlord 8 received the notice from an official agency of 9 the city of New York that there was a violation, 10 that tenant still has to write to that landlord 11 before the tenant can subsequently apply for a 12 decrease in rent under the rent stabilization 13 code, and that's what's wrong with this bill. 14 If this bill was reworded and 15 drafted properly and said "or", that's a 16 different consideration. However, to require 17 the tenant, after a violation has been issued, 18 to still notify the landlord and then still get 19 into the issues of whether or not notice was 20 received, et cetera, et cetera, I think we're 21 having duplicity implemented here, and the fact 22 of the matter is that we're not making the 23 system simpler; we're making the system much 4304 1 more complicated because we're going to have 2 constant arguments as to whether or not there 3 was sufficient notice and, in fact, I think we 4 would even have a court case as to whether or 5 not there was a sufficient notice. 6 This is a bad piece of 7 legislation which wasn't thought through, in my 8 opinion, and I think this legislation is going 9 to make the situation worse, create additional 10 problems, and the fact of the matter is, in many 11 instances that my office has dealt with this 12 situation, that tenants are only applying for 13 decreases in services after violations have been 14 issued by the housing agencies within the city 15 of New York, and I think this bill just 16 complicates the system. As I said, it's going 17 to make it much worse for a lot of the people 18 that are involved in the system. 19 ACTING PRESIDENT MEGA: Is there 20 any further debate on Senator Hannon's bill? 21 SENATOR STACHOWSKI: Slow roll 22 call. 23 ACTING PRESIDENT MEGA: Read the 4305 1 last section. 2 Slow roll call asked for, five 3 members please. 4 THE SECRETARY: Section 9. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MEGA: Call the 7 roll. Slow roll call. 8 THE SECRETARY: Senator Babbush 9 excused. 10 Senator Bruno. 11 SENATOR BRUNO: Yes. 12 THE SECRETARY: Senator Connor. 13 SENATOR CONNOR: No. 14 THE SECRETARY: Senator Cook. 15 SENATOR COOK: Yes. 16 THE SECRETARY: Senator Daly. 17 SENATOR DALY: Yes. 18 THE SECRETARY: Senator 19 DeFrancisco. 20 SENATOR DeFRANCISCO: Yes. 21 THE SECRETARY: Senator 22 Dollinger. 23 SENATOR DOLLINGER: No. 4306 1 THE SECRETARY: I didn't hear 2 what he said. 3 SENATOR DOLLINGER: No. 4 THE SECRETARY: Senator Espada. 5 (Negative indication. ) 6 THE SECRETARY: Senator Farley. 7 (There was no response. ) 8 Senator Galiber. 9 (There was no response. ) 10 Senator Gold. 11 (There was no response. ) 12 Senator Gonzalez. 13 (There was no response. ) 14 Senator Goodman. 15 SENATOR GOODMAN: No. 16 THE SECRETARY: Senator 17 Halperin. 18 (There was no response. ) 19 Senator Hannon. 20 SENATOR HANNON: Yes. 21 THE SECRETARY: Senator 22 Hoffmann. 23 SENATOR HOFFMANN: Yes. 4307 1 THE SECRETARY: Senator Holland. 2 SENATOR HOLLAND: Yes. 3 THE SECRETARY: Senator Johnson. 4 SENATOR JOHNSON: Aye. 5 THE SECRETARY: Senator Jones. 6 SENATOR JONES: No. 7 THE SECRETARY: Senator Kuhl. 8 SENATOR KUHL: Aye. 9 THE SECRETARY: Senator Lack. 10 (There was no response. ) 11 Senator Larkin. 12 SENATOR LARKIN: Aye. 13 THE SECRETARY: Senator LaValle. 14 SENATOR LAVALLE: Yes. 15 THE SECRETARY: Senator Leichter 16 voting in the negative earlier today. 17 Senator Levy. Senator Levy. 18 SENATOR LEVY: Aye. 19 THE SECRETARY: Senator Libous. 20 SENATOR LIBOUS: Aye. 21 THE SECRETARY: Senator Maltese. 22 SENATOR MALTESE: Aye. 23 THE SECRETARY: Senator Marchi. 4308 1 SENATOR MARCHI: Aye. 2 THE SECRETARY: Senator Marino. 3 (Affirmative indication. ) 4 THE SECRETARY: Aye. 5 Senator Markowitz. 6 SENATOR MARKOWITZ: No. 7 THE SECRETARY: Senator 8 Masiello. 9 (There was no response. ) 10 Senator Mega. 11 SENATOR MEGA: No. 12 THE SECRETARY: Senator Mendez. 13 SENATOR MENDEZ: No. 14 THE SECRETARY: Senator 15 Montgomery. 16 SENATOR MONTGOMERY: No. 17 THE SECRETARY: Senator Nolan 18 voting in the negative earlier today. 19 Senator Nozzolio. 20 SENATOR NOZZOLIO: Aye. 21 THE SECRETARY: Senator 22 Ohrenstein. No. 23 Senator Onorato. 4309 1 SENATOR ONORATO: No. 2 THE SECRETARY: Senator 3 Oppenheimer. 4 (There was no response. ) 5 Senator Padavan. 6 SENATOR PADAVAN: Mr. President, 7 I rise to explain my vote. 8 ACTING PRESIDENT MEGA: Senator 9 Padavan to explain his vote. 10 SENATOR PADAVAN: Mr. President, 11 the points made by Senator Solomon are very 12 much, very much to the point of what makes this 13 bill somewhat of a problem, with all due respect 14 to the sponsor. 15 The notion that we are providing 16 equity for the landlord by giving him notice so 17 that he could correct the violations and 18 thereupon -- thereby not have to incur a loss of 19 revenues in terms of rents - 20 ACTING PRESIDENT MEGA: Senator 21 Padavan, excuse me. 22 Can we have some order in the 23 house, please. Some order in the house, please, 4310 1 and take conversations outside. 2 Senator Padavan. 3 SENATOR PADAVAN: As I said, Mr. 4 President, the notion that we are providing for 5 equity between the tenant and the landlord, by 6 giving that landlord proper notice so that he 7 can make the repairs and not have to incur the 8 loss of rents is really specious because that 9 isn't the reality of the world we live in. 10 The fact of the matter is, prior 11 to this action ever being taken in every 12 instance that I've been aware of and there have 13 been many of them, there are violations after 14 violations imposed by city agencies, city 15 Department of Rent and Housing Maintenance or 16 the Building Department, for serious code 17 infractions, and landlords in some cases find it 18 to their economic benefit to simply ignore those 19 violations or pay a fine of a minimal 20 magnitude. 21 It isn't until they get faced, 22 they are faced with the reality of having rents 23 reduced or withheld, that appropriate remedial 4311 1 actions are taken. 2 It's undesirable that it ever has 3 to get to this point. The fact of the matter is 4 without it, these code violations simply are not 5 addressed in too many instances, and I don't 6 wish to categorize all landlords in that 7 statement, but there are enough of them which 8 makes it necessary for us not to change the one 9 tool, the only effective tool that many tenants 10 have to live in a decent house in a decent 11 building in a decent apartment. 12 I vote no. 13 ACTING PRESIDENT MEGA: Senator 14 Padavan in the negative. 15 Continue the roll call. 16 THE SECRETARY: Senator Pataki. 17 SENATOR PATAKI: Yes. 18 THE SECRETARY: Senator Paterson 19 excused. 20 Senator Present. 21 SENATOR PRESENT: Yes. Aye. 22 THE SECRETARY: Senator Saland. 23 SENATOR SALAND: Yes. 4312 1 THE SECRETARY: Senator 2 Santiago. 3 SENATOR SANTIAGO: No. 4 THE SECRETARY: Senator Sears 5 voting in the affirmative earlier today. 6 Senator Seward. 7 SENATOR SEWARD: Yes. 8 THE SECRETARY: Senator Sheffer. 9 SENATOR SHEFFER: Yes. 10 THE SECRETARY: Senator Skelos. 11 SENATOR SKELOS: Aye. 12 THE SECRETARY: Senator Smith. 13 SENATOR SMITH: Senator Smith 14 says no. 15 THE SECRETARY: Senator Solomon. 16 SENATOR SOLOMON: No. 17 THE SECRETARY: Senator Spano. 18 (Negative indication. ) 19 THE SECRETARY: No. 20 ACTING PRESIDENT MEGA: Senator 21 Spano in the negative. 22 THE SECRETARY: Senator 23 Stachowski. 4313 1 SENATOR STACHOWSKI: No. 2 THE SECRETARY: Senator 3 Stafford. 4 SENATOR STAFFORD: Aye. 5 THE SECRETARY: Senator 6 Stavisky. 7 SENATOR STAVISKY: No. 8 THE SECRETARY: Senator Trunzo. 9 SENATOR TRUNZO: Aye. 10 THE SECRETARY: Senator Tully. 11 SENATOR TULLY: Aye. 12 THE SECRETARY: Senator Velella. 13 SENATOR VELELLA: No. 14 THE SECRETARY: Senator Volker. 15 SENATOR VOLKER: Yes. 16 THE SECRETARY: Senator Waldon. 17 (Negative indication.) 18 THE SECRETARY: No. 19 Senator Wright. 20 SENATOR WRIGHT: Aye. 21 ACTING PRESIDENT MEGA: 22 Absentees, please. 23 THE SECRETARY: Senator Farley. 4314 1 SENATOR FARLEY: Aye. 2 THE SECRETARY: Senator Galiber. 3 (There was no response. ) 4 Senator Gold. 5 (There was no response. ) 6 Senator Galiber. 7 SENATOR GALIBER: No. 8 THE SECRETARY: Senator Gold. 9 (There was no response. ) 10 Senator Gonzalez. 11 (Negative indication. ) 12 THE SECRETARY: No. 13 Senator Halperin. 14 (There was no response. ) 15 Senator Lack. 16 (There was no response. ) 17 Senator Masiello. 18 (There was no response. ) 19 Senator Oppenheimer. 20 SENATOR OPPENHEIMER: Nay. 21 THE SECRETARY: Senator 22 Masiello. 23 (There was no response. ) 4315 1 ACTING PRESIDENT MEGA: We call 2 the absentees, please. Absentees. 3 THE SECRETARY: Senator Gold. 4 (There was no response. ) 5 Senator Halperin. 6 (There was no response. ) 7 Senator Lack. 8 SENATOR LACK: Aye. 9 THE SECRETARY: Senator 10 Masiello. 11 (There was no response. ) 12 ACTING PRESIDENT MEGA: Results, 13 please. 14 THE SECRETARY: Ayes 31, nays 15 25. 16 ACTING PRESIDENT MEGA: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 827, by Senator Libous, Senate Bill Number 4588, 20 an act to amend the Public Health Law, in 21 relation to requiring consent for visual 22 observation. 23 ACTING PRESIDENT MEGA: Last 4316 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MEGA: Call the 5 roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 55, nays 2, 8 Senators Kuhl and Maltese recorded in the 9 negative. 10 ACTING PRESIDENT MEGA: The bill 11 is passed. 12 ACTING PRESIDENT MEGA: Can we do 13 some house... Senator Present, there's several 14 motions that have to be - 15 SENATOR PRESENT: Mr. President, 16 let's take care of the housekeeping. 17 ACTING PRESIDENT MEGA: Senator 18 Marchi. 19 SENATOR MARCHI: Mr. President, 20 on page 37, I offer the following amendments to 21 Calendar Number 900. 22 ACTING PRESIDENT MEGA: 23 Amendments received and adopted. 4317 1 Senator Saland. 2 SENATOR MARCHI: And -- I haven't 3 finished yet. 4 ACTING PRESIDENT MEGA: Oh, 5 Senator Marchi, I'm sorry. 6 SENATOR MARCHI: I ask that the 7 bill retain its place on the Third Reading 8 Calendar, if you will remove the star. 9 ACTING PRESIDENT MEGA: Star 10 removed. 11 Senator Saland. 12 SENATOR SALAND: Mr. President, 13 on page 29, I offer the following amendments to 14 Calendar 923, Senate Print 5372, and ask that 15 the bill retain its place. 16 ACTING PRESIDENT MEGA: So 17 ordered. 18 Senator Libous. 19 SENATOR LIBOUS: Mr. President, on 20 behalf of Senator Skelos, who is senior to me, I 21 call up his Bill Number 4309 recalled from the 22 Assembly, which is now at the desk. 23 ACTING PRESIDENT MEGA: Secretary 4318 1 will read. 2 THE SECRETARY: By Senator 3 Skelos, Senate Bill Number 4309, an act to amend 4 the Judiciary Law, in relation to lawyer 5 assistance committees. 6 SENATOR LIBOUS: Mr. President, I 7 now move to reconsider the vote by which Senator 8 Skelos' bill was passed. 9 ACTING PRESIDENT MEGA: Call the 10 roll. 11 (The Secretary called the roll on 12 reconsideration.) 13 THE SECRETARY: Ayes 57. 14 SENATOR LIBOUS: Mr. President, I 15 offer up the following amendments. 16 ACTING PRESIDENT MEGA: 17 Amendments received and adopted. 18 Senator Libous. 19 SENATOR LIBOUS: And on behalf of 20 Senator Skelos, I wish to call up his bill Print 21 Number 4540-B, which is now at the desk. 22 ACTING PRESIDENT MEGA: Secretary 23 will read. 4319 1 THE SECRETARY: Calendar Number 2 747, by Senator Skelos, Senate Bill Number 4540 3 B, an act to amend the Executive Law. 4 SENATOR LIBOUS: Mr. President, 5 on behalf of Senator Skelos, who is standing 6 next to me, I now move to reconsider the bill 7 which was passed and ask that the bill be 8 restored to Third Reading Calendar. 9 ACTING PRESIDENT MEGA: So 10 ordered. Call the roll on reconsideration. 11 (The Secretary called the roll on 12 reconsideration.) 13 THE SECRETARY: Ayes 57. 14 SENATOR LIBOUS: Mr. President, I 15 now move to discharge the bill from the 16 Committee on Rules, Print Number 6706-A and 17 substitute it for Mr. Skelos' identical bill. 18 The Senate bill on first -- O.K.? The Senate 19 bill on first passage was voted unanimously. I 20 now move that the substituted Assembly bill have 21 its third reading at this time, Mr. President. 22 ACTING PRESIDENT MEGA: 23 Substitution ordered. Read the last section. 4320 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MEGA: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Unanimous. 7 SENATOR LIBOUS: Thank you, Mr. 8 President. 9 ACTING PRESIDENT MEGA: Senator 10 Kuhl. 11 Oh, the bill is passed. 12 Senator Kuhl. 13 SENATOR KUHL: Yes, Mr. 14 President. I wish to call up my bill, Senate 15 Print 4428, recalled from the Assembly which is 16 now at the desk. 17 ACTING PRESIDENT MEGA: Secretary 18 will read. 19 THE SECRETARY: By Senator Kuhl, 20 Senate Bill Number 4428, Agriculture and Markets 21 Law. 22 SENATOR KUHL: I now move to re 23 consider the vote by which this bill was 4321 1 passed. 2 ACTING PRESIDENT MEGA: Call the 3 roll. 4 (The Secretary called the roll on 5 reconsideration. ) 6 THE SECRETARY: Ayes 57. 7 SENATOR KUHL: Offer up the 8 following amendments. 9 ACTING PRESIDENT MEGA: 10 Amendments received. 11 SENATOR KUHL: Thank you. 12 ACTING PRESIDENT MEGA: Secretary 13 will read substitutions. 14 THE SECRETARY: On page 8 of 15 today's calendar, Senator Farley moves to 16 discharge the Committee on Rules from Assembly 17 Bill Number 6368 and substitute it for the 18 identical Calendar Number 321. 19 ACTING PRESIDENT MEGA: 20 Substitution ordered. 21 That it? Senator Present. 22 SENATOR PRESENT: Mr. President, 23 I'd like to announce an immediate meeting of the 4322 1 Rules Committee in Room 332. 2 ACTING PRESIDENT MEGA: Immediate 3 meeting of the Rules Committee in the usual 4 place. 5 SENATOR PRESENT: Right, and then 6 following that Rules Committee report, we will 7 be voting on all those actions to be taken 8 tomorrow or later. I'll adjourn following the 9 report of the Rules Committee. 10 ACTING PRESIDENT MEGA: There 11 will be a Rules Committee report after meeting 12 and you say adjourned until tomorrow. Stand in 13 recess for now. 14 (The Senate recessed from 5:56 15 p.m., to 6:35 p.m.) 16 ACTING PRESIDENT VOLKER: Senator 17 Present. 18 SENATOR PRESENT: Mr. President, 19 may we return to reports of standing committees 20 and have them read, please. 21 ACTING PRESIDENT VOLKER: Clerk 22 will read. 23 THE SECRETARY: Senator Marino, 4323 1 from the Committee on Rules, reports the 2 following bills directly for third reading: 3 Senate Bill Number 379, by 4 Senator Volker, General Municipal Law; 5 1548, by Senator Farley, 6 permitting the establishment of the town of Day 7 Fire Protection District; 8 1936, by Senator Maltese, Court 9 of Claims Act; 10 2281-A, by Senator Cook, 11 Education Law; 12 2523, by Senator Stafford, an act 13 to amend the County Law; 14 2683, by Senator Present, 15 conveyance of certain lands, purposes by the 16 county of Allegany; 17 2696, by Senator Volker, service 18 credit for time served in the Cadet Nurse Corps; 19 2961, by Senator Trunzo, amends 20 Chapter 736 of the Laws of 1975; 21 3009, by Senator Sheffer, an act 22 to amend the Tax Law; 23 3062, by Senator Johnson, State 4324 1 Finance Law and the Environmental Conservation 2 Law; 3 3101, by Senator Padavan, 4 Alcoholic Beverage Control Law; 5 3129, by Senator Volker, Local 6 Finance Law; 7 3130, by Senator Volker, Local 8 Finance Law; 9 3352, by Senator Sears, State 10 Finance Law and the General Municipal Law; 11 3787, by Senator Spano, service 12 credit in the New York State and local police; 13 3950-B, by Senator Volker, an act 14 to amend the Tax Law; 15 4176, by Senator Cook, exemption 16 from real property, certain property owned by 17 the county of Sullivan; 18 4180-A, by Senator Lack, amends 19 Chapter 994 of the Laws of 1984; 20 4402, by Senator Larkin, an act 21 to amend the County Law; 22 4474-A, by Senator Maltese, 23 Retirement and Social Security Law; 4325 1 4660, by Senator Saland, Family 2 Court Act; 3 4734, by Senator Saland, 4 Executive Law; 5 4795, by Senator Daly, Education 6 Law; 7 4849, by Senator Levy, Public 8 Authorities Law; 9 4872, by Senator Hannon, relation 10 to the duration of eligible lists for police 11 officer; 12 4963, by Senator Stafford, 13 conveyance of certain state lands to the Malone 14 Central School District; 15 5008, by Senator Nozzolio, 16 extension of the maximum maturity of certain 17 bond anticipation notes; 18 5289, by Senator Mega, an act to 19 amend the Judiciary Law; 20 5311, by Senator Cook, Education 21 Law; 22 5324, by Senator Bruno, Highway 23 Law; 4326 1 5479-A, by Senator Cook, Delaware 2 Valley Central School District; 3 5552-B, by Senator Levy, Election 4 Law; 5 5572, by Senator Padavan, General 6 City Law; and 7 5701, by the Committee on Rules, 8 certain police disability retirement benefits. 9 All bills reported directly for 10 third reading. 11 ACTING PRESIDENT VOLKER: Without 12 objection, third reading. 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 there being no further business, I move we 16 adjourn until tomorrow at 3:00 p.m. 17 ACTING PRESIDENT VOLKER: Senate 18 adjourns until tomorrow at 3:00 p.m., June 2nd. 19 (Whereupon at 6:39 p.m., the 20 Senate adjourned.) 21 22 23