Wednesday, January 19, 1994

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 19, 1994 11 4:30 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NICHOLAS A. SPANO, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT SPANO: Senate 3 will come to order. 4 All please rise for the Pledge of 5 Allegiance to the Flag. 6 (Whereupon, the Senate joined in 7 the Pledge of Allegiance to the Flag.) 8 In the absence of clergy, please 9 bow our heads for a moment of silence. 10 Reading of the Journal. 11 THE SECRETARY: In Senate, 12 Tuesday, January the 18th. The Senate met 13 pursuant to adjournment. Senator Spano in the 14 chair upon designation of the Temporary 15 President. The Journal of Monday, January 17, 16 was read and approved. On motion, Senate 17 adjourned. 18 ACTING PRESIDENT SPANO: Hearing 19 no objection, the Journal stands approved as 20 read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 1 Reports of standing committees. 2 The Secretary will read. 3 THE SECRETARY: Senator Volker 4 from the Committee on Codes reports the 5 following bills directly for third reading: 6 Senate Bill Number 233, by 7 Senator Tully and others, Criminal Procedure 8 Law. 9 234, by Senator Tully, an act to 10 amend the Penal Law. 11 888, by Senator Saland, an act to 12 amend the Penal Law. 13 1243A, by Senator Tully, an act 14 to amend the Penal Law. 15 1554, by Senator Saland, an act 16 to amend the Criminal Procedure Law. 17 2123, by Senator Lack, an act to 18 amend the Penal Law. 19 2372, by Senator Johnson, an act 20 to amend the Penal Law. 21 3059, by Senator Johnson, an act 22 to amend the Penal Law. 23 3237A, by Senator Marino and 1 others, Criminal Procedure Law. 2 3866, by Senator Volker, an act 3 to amend the Criminal Procedure Law. 4 4091, by Senator Volker, an act 5 to amend the Penal Law. 6 4891, by Senator Libous, an act 7 to amend the Penal Law. 8 6380, by Senator DiCarlo, an act 9 to amend the Criminal Procedure Law and the 10 Penal Law. 11 And also, 4944, by Senator 12 Volker, an act to amend the Civil Rights Law, 13 reported with amendments. 14 ACTING PRESIDENT SPANO: Without 15 objection. 16 THE SECRETARY: Senator Levy from 17 the Committee on Transportation reports the 18 following bills directly for third reading: 19 Senate Bill Number 67, by Senator 20 Levy, in relation to requiring Department of 21 Motor Vehicles to inform the public with 22 problems associated with night-time driving. 23 Senate Bill Number 68, by Senator 1 Levy, an act to amend the Vehicle and Traffic 2 Law. 3 Senate Bill Number 70, by Senator 4 Levy, an act to amend the Vehicle and Traffic 5 Law. 6 610, by Senator LaValle, an act 7 to amend the Vehicle and Traffic Law. 8 2507, by Senator Nozzolio, an act 9 to amend the Vehicle and Traffic Law. 10 2640, by Senator Cook and others, 11 an act to amend the Transportation Law. 12 4434, by Senator Skelos, an act 13 to amend the Vehicle and Traffic Law. 14 4489, by Senator Libous, an act 15 to amend the Vehicle and Traffic Law. 16 Senate Bill Number 6300, by 17 Senator Bruno, an act to amend the Highway Law. 18 Senator Maltese from the 19 Committee on Crime Victims, Crime and 20 Correction, reports the following bills directly 21 for third reading: 22 Senate Bill Number 1156, by 23 Senator Skelos, an act to amend the Executive 1 Law and the Penal Law. 2 3799, by Senator Maltese, an act 3 to amend the Executive Law. 4 5321, by Senator Skelos, an act 5 to amend the Correction Law and the County Law. 6 All bills reported directly for 7 third reading. 8 ACTING PRESIDENT SPANO: Without 9 objection, third reading. 10 Senator Present. 11 SENATOR PRESENT: Would you 12 recognize Senator Daly, please. 13 ACTING PRESIDENT SPANO: Senator 14 Daly. 15 SENATOR DALY: Excuse me, Mr. 16 President, would you just give me a minute to 17 find out what I'm being recognized for. 18 ACTING PRESIDENT SPANO: Senator 19 Daly, you have offered two resolutions at the 20 desk. 21 SENATOR DALY: I'd like to offer 22 the following resolutions and ask their 23 adoption. 1 ACTING PRESIDENT SPANO: 2 Secretary will read the title of the resolution. 3 THE SECRETARY: Legislative 4 Resolution, by Senator Daly, paying tribute to 5 David L. Ulrich upon the occasion of his 6 designation for special honor by the Eastern 7 Niagara Chamber of Commerce. 8 Also, Legislative Resolution, by 9 Senator Daly, honoring Clinton J. Starke of 10 Lockport, New York, upon the occasion of his 11 designation as Citizen of the Year by the 12 Eastern Niagara Chamber of Commerce. 13 ACTING PRESIDENT SPANO: The 14 question is on the resolutions. On the adoption 15 of the aforementioned resolutions, all those in 16 favor, signify by saying aye. 17 (Response of "Aye.") 18 Those opposed, nay. 19 (There was no response.) 20 The resolutions are adopted. 21 Motions and resolutions. 22 Senator Present. 23 SENATOR PRESENT: Mr. President. 1 On behalf of Senator Larkin, I offer the 2 following privileged resolution and ask for its 3 adoption. 4 ACTING PRESIDENT SPANO: 5 Secretary will read the title of the resolution. 6 THE SECRETARY: Legislative 7 Resolution, by Senator Larkin, commemorating the 8 100th anniversary of the Kingston Hospital. 9 ACTING PRESIDENT SPANO: The 10 question occurs on the adoption of the 11 resolution. All those in favor, signify by 12 saying aye. 13 (Response of "Aye.") 14 Those opposed, nay. 15 (There was no response.) 16 The resolution is adopted. 17 Senator Cook. 18 SENATOR COOK: No, it's a 19 motion. Mr. President. Can I star a couple of 20 bills? 21 ACTING PRESIDENT SPANO: By all 22 means. 23 SENATOR COOK: Senate Print -- I 1 haven't got the calendar number, I'm sorry. 2 ACTING PRESIDENT SPANO: We will 3 be right back. Any other motions and 4 resolutions? 5 Senator Present. 6 SENATOR PRESENT: Let's take up 7 the noncontroversial calendar, please. 8 ACTING PRESIDENT SPANO: 9 Secretary will read noncontroversial calendar. 10 THE SECRETARY: On page 4, 11 Calendar Number 9, by Senator Volker, Senate 12 Bill Number 406A, an act to amend the Criminal 13 Procedure Law, in relation to administering the 14 oath to a grand jury witness. 15 SENATOR GOLD: Lay it aside. 16 ACTING PRESIDENT SPANO: Lay it 17 aside. 18 SENATOR GOLD: Wait a minute. 19 I'm sorry. I'm sorry. I'm sorry. Never mind. 20 ACTING PRESIDENT SPANO: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 1 ACTING PRESIDENT SPANO: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 49. 5 ACTING PRESIDENT SPANO: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 12, by Senator Volker, Senate Bill Number 1137A, 9 an act to amend the Civil Practice Law and 10 Rules. 11 ACTING PRESIDENT SPANO: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SPANO: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 49. 19 ACTING PRESIDENT SPANO: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 13, by Senator Levy, Senate Bill Number 1313, an 23 act to amend the Penal Law, in relation to 1 including the theft of dogs and cats. 2 SENATOR DOLLINGER: Lay it aside. 3 ACTING PRESIDENT SPANO: Lay it 4 aside. 5 THE SECRETARY: Calendar Number 6 19, by Senator Cook, Senate Bill Number 4787, an 7 act to amend the Education Law. 8 SENATOR SMITH: Lay it aside. 9 ACTING PRESIDENT SPANO: Lay it 10 aside. 11 THE SECRETARY: Calendar Number 12 24, by Senator Stafford, Senate Bill Number 13 441C, an act to amend the Tax Law. 14 ACTING PRESIDENT SPANO: Local 15 fiscal impact note is at the desk. 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT SPANO: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 49. 23 ACTING PRESIDENT SPANO: The bill 1 is passed. 2 THE SECRETARY: Calendar Number 3 26, by Senator Wright, Senate Bill Number 2389, 4 State Administrative Procedure Act. 5 ACTING PRESIDENT SPANO: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SPANO: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 49. 13 ACTING PRESIDENT SPANO: The bill 14 is passed. 15 Senator Present, that completes 16 the noncontroversial calendar. 17 SENATOR PRESENT: Mr. President. 18 Take up the controversial calendar, please. 19 ACTING PRESIDENT SPANO: 20 Secretary will read the controversial calendar. 21 THE SECRETARY: On page 4, 22 Calendar Number 13, by Senator Levy. 23 SENATOR PRESENT: Lay it aside. 1 ACTING PRESIDENT SPANO: Lay it 2 aside. 3 THE SECRETARY: Calendar Number 4 19, by Senator Cook, Senate Bill Number 4787, an 5 act to amend the Education Law, in relation to 6 procedures for the submission of propositions. 7 SENATOR SMITH: Explanation, 8 please. 9 ACTING PRESIDENT SPANO: Senator 10 Cook, an explanation has been asked for. 11 SENATOR COOK: Mr. President. 12 This bill basically clarifies the law relative 13 to the manner in which voters may present 14 propositions to be considered at the district 15 election. It really wouldn't apply, I don't 16 believe, to the City of New York. It applies to 17 Upstate, to Central School Districts, et cetera. 18 ACTING PRESIDENT SPANO: Read the 19 last section. 20 SENATOR DOLLINGER: This is the 21 proposition bill, just so I'm correct? This is 22 Number 19? 23 SENATOR COOK: That's correct. 1 SENATOR DOLLINGER: Just so I 2 understand -- Mr. President. Does this provide 3 for the use of an initiative process for the 4 propositions that go on the ballot? 5 And just so I understand it, Mr. 6 President, if the speaker would yield to another 7 question? Does this increase the scope of 8 propositions and initiatives that could be made 9 by residents of the school district to their 10 school board? 11 SENATOR COOK: Mr. President. 12 Essentially, it clarifies. It possibly does 13 expand to some degree, but it's more a matter of 14 trying to make the law clear because, right now, 15 it's rather nebulous as to whether certain 16 things can be considered and what the procedure 17 is for doing it. It's a matter more of 18 clarifying the law than it is expanding it. 19 ACTING PRESIDENT SPANO: Excuse 20 me, Senator Cook. 21 Senator Dollinger, I would like 22 to please ask you to remove the sign from your 23 desk. 1 SENATOR DOLLINGER: Mr. 2 President. I'd ask for an explanation as to why 3 I need to do that. 4 ACTING PRESIDENT SPANO: Senator 5 Dollinger, according to Rule 3 of the Senate 6 Rules, the presiding officer shall preserve the 7 decorum and the order of the Senate chamber. In 8 the opinion of the presiding officer that sign 9 violates that rule. 10 SENATOR DOLLINGER: For purposes 11 so I understand it, Mr. President, could you 12 explain to me how that sign affects the decorum 13 of this chamber so I know and, therefore, can 14 make a judgment as to the chair's ruling with 15 respect to decorum? 16 I'm simply inquiring of the 17 President to tell me how this sign affects the 18 decorum of this chamber. 19 ACTING PRESIDENT SPANO: Senator 20 Dollinger, it's not the intention of the 21 presiding officer to get into a debate with you, 22 just to point out the fact that the rules do 23 require me to preserve the order and the decorum 1 of the chamber. We have ruled that that sign 2 does not fall in line with the rules of this 3 house and that it is the power of the presiding 4 officer to cause that sign to be removed; and if 5 you are not going to be remove it, we have to 6 cause it to be removed, sir. 7 SENATOR DOLLINGER: Mr. 8 President. Again, may I just inquire about the 9 ruling of the chair. Is it the chair's ruling 10 that it's Article 3, Section 1, that the 11 presiding officer of the Senate shall preserve 12 order and decorum in the chamber? Is that the 13 section that the presiding officer - 14 ACTING PRESIDENT SPANO: That is 15 correct, Senator Dollinger. 16 SENATOR DOLLINGER: Is there any 17 other portion of the Senate rules in which the 18 chair is relying on in making this ruling? 19 ACTING PRESIDENT SPANO: At this 20 point, Rule 3 seems pretty clear, Senator 21 Dollinger, and it's not necessary for us to go 22 through the rest of the rules of this house to 23 make this ruling. I have made the ruling. 1 You can if you wish appeal the 2 ruling of the chair, but that is your decision. 3 SENATOR DOLLINGER: I understand, 4 Mr. President. I would appeal the ruling of the 5 chair. 6 SENATOR GOLD: Mr. President. 7 ACTING PRESIDENT SPANO: Senator 8 Gold. 9 SENATOR GOLD: Mr. President. 10 First of all, I have the greatest respect for 11 you. I don't always envy the job that you have, 12 and I certainly don't envy it now. We waited a 13 long time today to start session, and it was 14 explained to me why, and I have some sensitivity 15 to the reason why we were delayed, but I always 16 wonder why we take a situation and always find a 17 way to make it bigger than it is. 18 Senator Dollinger, as everybody 19 knows, has a certain commitment to a certain 20 issue, and that issue, assault weapons and 21 controls, is an important issue he believes; 22 and, as a matter of fact, if I read Senator 23 Marino properly a few days ago, I think he 1 thinks it's an important issue. Senator 2 Dollinger is committed to try to get us to deal 3 with that. 4 Now, I'm looking at something 5 which -- I'm not that good, but I would say 6 maybe 12 inches by 14 inches or something along 7 those lines. It's on Senator Dollinger's desk. 8 It's not hanging from the chandeliers. There 9 are no balloons attached to it. Most 10 respectfully, if I were the presiding officer, I 11 would take a yawn and go about my business and 12 let things go, but now it's as if Senator 13 Dollinger had paid off everybody to make an 14 issue out of it. It is silly. He has freedom 15 of speech in this country to be able to draw 16 attention to this very significant issue. 17 To start now to take a rule, 18 which gives you important power, Mr. President, 19 the power to maintain decorum in this chamber, 20 and to force my very respected colleagues on the 21 Republican side to vote that a 12 by 14 or 16 22 inch sign which says "Day 3" on it destroys the 23 order and decorum of this chamber and we're 1 going to now take our sergeant at arms and put 2 him through the degradation of removing a piece 3 of paper, I mean really belittles -- belittles 4 the dignity of the chamber. I mean it really 5 does. 6 And I would urge upon you, Mr. 7 President, that Senator Dollinger is going to 8 remain committed to this issue no matter what we 9 do, and Senator Dollinger is going to talk about 10 it, and the presence of that sign is nothing. 11 The issue is important. Gun control, assault 12 weapons. 13 Let's not get sidetracked and 14 have appeals and have slow roll calls and have a 15 war over a sign. Let's have negotiation and 16 deal with an issue, the banning of assault 17 weapons. 18 So I would urge, Mr. President, 19 that you rethink what we're doing with your 20 authority. God forbid there were a problem with 21 decorum or order in this chamber, I expect that 22 in your worthy hands this rule would be applied 23 and we will all feel protected, but let's not 1 diminish your role by forcing you and our 2 sergeant at arms to take war against a piece of 3 paper that's maybe 12 by 14 or 15 inches big. 4 That's not going to destroy the political 5 careers of anybody here. It's not going to 6 impede the processes of our chamber. I really 7 would ask you to reconsider so that we don't 8 have to appeal. 9 ACTING PRESIDENT SPANO: Senator 10 Cook. 11 SENATOR COOK: Mr. President. We 12 have a couple of choices, one which would be 13 that the sergeant at arms would be at his own 14 volition forced to make a decision relative to 15 that sign being removed, in which case he would 16 have a confrontation with a member or we would 17 have the house in its official capacity give an 18 instruction to the sergeant at arms which 19 clearly delineates what his responsibility and 20 authority is in a given case. 21 And I think you can understand 22 that the sergeant at arms is not in a position 23 to get into a debate with a member; that the 1 house, of necessity, needs to make an 2 instruction so that the sergeant at arms clearly 3 knows what his responsibility is. 4 The first year I was in this 5 house, we celebrated the reopening of this 6 chamber after it had been renovated and 7 redecorated and restored to something very close 8 to its original architecture, and it has been 9 incumbent upon us as members and individuals and 10 presiding officers to maintain the decorum and 11 the decor of this chamber so that each one of us 12 doesn't put up signs that are slogans for our 13 favorite political issue. Presumably, we could 14 have 61 signs around this room saying protect 15 the rights of gun owners, down with guns. We 16 could end up with this place looking like a 17 shopping mall with all kinds of things stuck all 18 over the walls. And, clearly, it is in the 19 interest of the decorum of this chamber that 20 that not happen. 21 And I think that rather than make 22 an issue over something like a sign that, 23 clearly, within the understanding of every 1 member in this house has been something we have 2 just not done through the years, that we ought 3 not to make an issue of starting a practice now 4 that will degrade the appearance of the house, 5 destroy the decorum of our proceeding; and if it 6 is necessary for us to support the ruling of the 7 chair, we'll certainly do so; but I would think 8 that perhaps out of courtesy and out of 9 understanding of the tradition of the house in 10 which he serves, Senator Dollinger might desire 11 to voluntarily remove the sign. 12 SENATOR GOLD: Mr. President, may 13 I? 14 ACTING PRESIDENT SPANO: Senator 15 Gold. 16 SENATOR GOLD: Senator Cook, I 17 respect very much what you said and I listened 18 very much to what you said; and the fact of the 19 matter is that, unfortunately, we have waffled 20 in this chamber from time to time. There have 21 been times when somebody can hold up a chart. 22 There are times if it happens to be the wrong 23 member of a wrong party where you shouldn't hold 1 up a chart. There have been times when, as a 2 matter of fact, you have allowed Senator Velella 3 or myself to bring guns to the floor of this 4 chamber, and we've demonstrated -- Senator 5 Padavan once gave what was a very effective 6 demonstration on drug paraphernalia right on the 7 floor of this chamber. There was a historic 8 debate between the late Senator Thaler and the 9 late Senator Knorr where we had an art show 10 right on the floor of this chamber. 11 Now, Senator Cook, if it is the 12 desire of the Majority to make some rule about 13 this kind of thing, that's one thing; but I 14 would suggest that maybe you want to think about 15 that for a few days, and maybe by Monday you 16 will have another rule, but to say that under 17 the auspices of order and decorum -- the same 18 sentence, by the way, which talks about 19 disturbance and disorderly conduct and causing 20 the chamber to be cleared. I don't suggest that 21 anybody feels threatened by the sign and we're 22 going to ask the chamber to be cleared. I think 23 we're just getting this thing out of 1 proportion. 2 It is one sign. It is one day. 3 Senator Cook, I don't see the rafters filled 4 with signs. I have not been approached by other 5 members who say that they have instigated 6 Senator Dollinger to do this because they've got 7 to print the printing of their signs for 8 Monday. I don't see any of that as a threat. 9 And my suggestion, Mr. President, 10 is that at this point, if you believe it is 11 proper, withdraw the request. Why don't we 12 think about it? If you want to have a rule on 13 Monday that deals with any kind of 14 presentations, we can deal with it. But, right 15 now, it is a haphazard situation, and I think 16 Senator Dollinger -- whether I would have done 17 it, anybody else would have done it, is not an 18 issue. Senator Dollinger has a right to have 19 that small sign just as Senator Padavan had a 20 right to have his drug paraphernalia, other 21 people have had a right, when it's been judged 22 appropriate, to bring on this floor any number 23 of things. 1 ACTING PRESIDENT SPANO: Senator 2 Dollinger. 3 SENATOR DOLLINGER: Mr. 4 President. I am mindful of the comments of 5 Senator Cook, and I am mindful of the tradition. 6 SENATOR PADAVAN: Point of 7 order. 8 ACTING PRESIDENT SPANO: Senator 9 Padavan. 10 SENATOR PADAVAN: Did not Senator 11 Dollinger challenge the ruling of the chair? 12 ACTING PRESIDENT SPANO: That is 13 correct. 14 SENATOR PADAVAN: Therefore, is 15 not a vote on that challenge appropriate? 16 SENATOR DOLLINGER: Mr. 17 President, if I can, I believe Senator Cook got 18 up to address the issue. 19 SENATOR PADAVAN: Excuse me. I'm 20 addressing the chair. 21 SENATOR DOLLINGER: Excuse me. 22 SENATOR PADAVAN: Did not a 23 challenge of the ruling of the chair eminate 1 from the Senator? 2 ACTING PRESIDENT SPANO: We have 3 been, Senator Padavan, somewhat lenient in 4 letting the members express their opinion. But 5 we would like to remind the members that this is 6 an issue that is not debatable. And, Senator 7 Dollinger, if you would like to make a very 8 quick statement and maybe bring this issue to 9 conclusion, we would like to do that. 10 SENATOR DOLLINGER: I will be 11 extremely brief, Mr. President. 12 I am respectful of Senator Cook's 13 comments. I'm respectful of this chamber. This 14 is an issue that I feel very strongly about. My 15 views are reflected in this sign. This is an 16 expression of my speech. Since I'm not going to 17 get the opportunity to debate the amendments 18 that I was going to tack onto the bill because 19 apparently the Senate Majority does not want 20 that debate to occur again, I did this in a very 21 restrained manner. I was simply going to put it 22 up when the issue was debated. I would take it 23 down when the issue was done. My intention is 1 to do it every day until there is an assault 2 weapon ban in this state. 3 With respect to timing, Mr. 4 President, I can appreciate that others may have 5 waived their constitutional rights when they 6 were elected to this body and came into this 7 chamber. I don't intend to do that. I intend 8 to assert them here. I believe this is not a 9 disruption of the decorum. I intend to take it 10 down when this debate is done, but I'm telling 11 you I will come back. It will be here. It is 12 carefully tailored to avoid disrespect for this 13 chamber, but this is an expression of my 14 constitutional rights, and I don't know about 15 the rest of you, but I didn't waive them when I 16 was elected in the 54th district and walked into 17 this chamber. 18 And my hope is that everyone over 19 there respects that rule that's higher than the 20 rules of this chamber, called the Constitution 21 of the United States, the Constitution of the 22 State of New York, will respect my right to do 23 this. 1 Thank you, Mr. President. 2 I appeal the ruling of the chair. 3 ACTING PRESIDENT SPANO: The 4 question is on the appeal of the ruling of the 5 chair. 6 SENATOR DOLLINGER: Point of 7 order. I understand the ruling is whether this 8 sign needs to be removed. Is that correct? Or 9 has it been ruled out of order, the sign has 10 been ruled out of order? 11 ACTING PRESIDENT SPANO: As the 12 presiding officer, Senator Dollinger, we have 13 ruled that the presence of that sign in the 14 chamber violates Section 1 of Rule 3, and we 15 have ruled. You have appealed that. 16 The question is on the appeal of 17 the ruling of the chair. A vote in the 18 affirmative upholds the ruling of the chair. A 19 vote in the negative does not. 20 All those in favor - 21 SENATOR DOLLINGER: Mr. 22 President. My point of order on the ruling. 23 ACTING PRESIDENT SPANO: Senator 1 Dollinger. 2 SENATOR DOLLINGER: Is the effect 3 of the ruling also to require the sergeant at 4 arms to remove the sign? 5 ACTING PRESIDENT SPANO: Yes, 6 sir. 7 SENATOR DOLLINGER: Mr. 8 President. I believe that's unconstitutional. 9 I intend to go to court, if necessary, to prove 10 that it's unconstitutional. 11 ACTING PRESIDENT SPANO: The 12 question is on the appeal of the decision of - 13 Senator Saland. 14 SENATOR SALAND: Thank you, Mr. 15 President. I will be very brief because I 16 really don't want to prolong this charade. 17 I listened very carefully to 18 Senator Dollinger's comments and listened to him 19 sanctimoniously decry the question of 20 constitutionality and watched carefully as the 21 Senate Minority photographer captured in 22 celluloid, for whatever purpose the Senator may 23 have, his every movement so that this can be 1 made into an event. 2 We're not here to participate in 3 the bizarre. We're not here, basically, to set 4 up little displays on each and every one of our 5 desks. 6 If Senator Dollinger wishes to 7 pursue the issue, he has plenty of forums. Why 8 would he want to demean the house and really 9 demean everybody in this house? I understand 10 what party loyalty is all about. We engage in 11 it. You engage in it. And it's nice for you to 12 fall in ranks behind Senator Dollinger; but, 13 nonetheless, it's a travesty, and it's really a 14 cheap PR stunt. 15 Thank you. 16 SENATOR JOHNSON: Mr. President, 17 if I may. 18 ACTING PRESIDENT SPANO: Senator 19 Johnson. 20 SENATOR JOHNSON: Senator 21 Dollinger addressed the question to the chair 22 which I think may have been answered -- may be 23 answered either way. He said, "Is it required 1 that the sergeant at arms remove the sign?" And 2 I think you answered yes. That may be correct, 3 but I think it's also permissible for him to 4 remove it himself and avoid the confrontation if 5 he chooses to do that. Is that not correct? 6 ACTING PRESIDENT SPANO: If the 7 sign is removed, then he will no longer be in 8 violation of Rule 3 of the house, Senator 9 Johnson, Section 1. 10 SENATOR DOLLINGER: I decline to 11 do that. 12 ACTING PRESIDENT SPANO: Okay. 13 The question is on the appeal of the decision of 14 the chair. All those in favor, signify by 15 saying aye. 16 (Response of "Aye.") 17 Opposed, nay. 18 (Response of "Nay.") 19 The rule of the chair is that the 20 affirmatives have it, and we have upheld the 21 ruling of the chair. 22 We would then instruct the 23 sergeant at arms to please remove that sign from 1 Senator Dollinger's desk. 2 (Whereupon, the sign was 3 removed.) 4 Senator Present, we're ready to 5 continue the business of the house. 6 Senator Cook, you did have the 7 floor, sir. 8 SENATOR COOK: Mr. President. I 9 was asking for a couple of bills to be starred, 10 Bills Number 18 and 21. Oh, we never finished 11 the bill? 12 ACTING PRESIDENT SPANO: Excuse 13 me, Senator Cook. One second. Stand at ease 14 one second. 15 SENATOR COOK: Last section. 16 ACTING PRESIDENT SPANO: We are 17 currently debating Calendar 19, Bill 4787, which 18 is before the house. 19 Read the last section. 20 SENATOR DOLLINGER: Is this the 21 one on the proposition, since that issue was 22 raised in the middle of the - 23 ACTING PRESIDENT SPANO: Senator 1 Dollinger, we are on Calendar 19. 2 SENATOR DOLLINGER: Can I just 3 ask one other question to the - 4 ACTING PRESIDENT SPANO: Excuse 5 me, Senator Dollinger. Do you wish to be 6 recognized? 7 SENATOR DOLLINGER: Will Senator 8 Cook yield to a question? 9 ACTING PRESIDENT SPANO: Senator 10 Cook, will you yield? 11 SENATOR COOK: Yes. 12 ACTING PRESIDENT SPANO: Senator 13 Dollinger. 14 SENATOR DOLLINGER: My 15 understanding that this will create initiative 16 and referendum in school districts? 17 SENATOR COOK: It doesn't 18 generally create it. Mr. President. The bill 19 doesn't generally create anything. It basically 20 reorganizes a number of sections of law which 21 are in various places at the present time, puts 22 them all into a coherent -- one coherent section 23 so that anyone who wishes to make reference to 1 it will be able to find it and read it and 2 hopefully understand it and apply it uniformly. 3 There have been court cases and controversies 4 relative to various sections which don't seem to 5 conform to each other, and this is simply an 6 effort to make conformity. 7 ACTING PRESIDENT SPANO: Senator 8 Dollinger. 9 SENATOR DOLLINGER: Mr. 10 President. Again, will Senator Cook yield to a 11 question? 12 ACTING PRESIDENT SPANO: Senator 13 Cook, will you yield to another question? 14 SENATOR COOK: Yes. 15 ACTING PRESIDENT SPANO: Senator 16 Cook yields. 17 SENATOR DOLLINGER: Again, 18 Senator, I'm just trying to find out this. This 19 doesn't contain any limitation. As I read this 20 bill, it doesn't contain a limitation on the 21 propositions that could be raised through the 22 initiative process that's talked about here. 23 SENATOR COOK: Mr. President. I 1 believe that's the case. It doesn't make any - 2 it doesn't add or subtract anything from the 3 existing law. Anything that currently could be 4 initiated by a petition can continue to be, and 5 anything that was not previously able to be 6 presented by petition cannot be. So it doesn't 7 change anything except to make it clear when 8 somebody reads the law as to exactly what the 9 provisions are. 10 SENATOR DOLLINGER: Mr. 11 President. 12 ACTING PRESIDENT SPANO: Senator 13 Dollinger. 14 SENATOR DOLLINGER: If Senator 15 Cook will just yield - 16 ACTING PRESIDENT SPANO: Senator 17 Cook, will you continue to yield? 18 SENATOR COOK: Yes. 19 ACTING PRESIDENT SPANO: Senator 20 Cook yields. 21 SENATOR DOLLINGER: On page 4 of 22 the bill, line 33, 34 -- again, I apologize, 23 Senator Cook, because I didn't raise this before 1 with you. But it says, Section E, "That the 2 proposition has been defeated by the voters 3 during the current school years." 4 SENATOR COOK: M-m h-m-m. 5 SENATOR DOLLINGER: Tell me what 6 that means, why the term is "years" rather than 7 year? 8 SENATOR COOK: Simply because a 9 school year extends over two calendar years. 10 SENATOR DOLLINGER: Okay. So 11 it's during the current school - 12 Mr. President, on the bill. 13 ACTING PRESIDENT SPANO: Senator 14 Dollinger on the bill. 15 SENATOR DOLLINGER: Mr. 16 President. Let me first apologize to my 17 colleagues if I disrupted the decorum of this 18 house. I don't believe I did. I don't see any 19 disruption of the decorum of this house. I 20 think it was restored instantaneously whatever 21 disruption there was, and I can't understand, 22 frankly, why that sign was so disruptive. I 23 intend to pursue my own rights in that regard, 1 Mr. President. 2 But on this bill, I think this is 3 a good bill. I think it takes us a step closer 4 to the concept of initiative and referendum. I 5 have supported it in this state. There are 6 bills in this state. My hope is that the other 7 side of the aisle have recognized that 8 initiative and referendum is a good thing in 9 school districts would also recognize that it 10 would be a good thing for this state to have, 11 and my hope is that a number of bills that deal 12 with initiative and referendum in New York will 13 be produced during this session and that this 14 session will act in a substantive way to bring 15 initiative and referendum throughout the state 16 and not just in school districts. 17 ACTING PRESIDENT SPANO: Read the 18 last section. 19 THE SECRETARY: Section 8. This 20 act shall take effect on the first day of 21 September. 22 ACTING PRESIDENT SPANO: Call the 23 roll. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 53. 3 ACTING PRESIDENT SPANO: The bill 4 is passed. 5 Senator Present, that concludes 6 the controversial calendar. 7 SENATOR PRESENT: Mr. President. 8 In behalf of Senator Marino, I hand up the 9 following committee assignments and ask that be 10 filed at the desk. 11 ACTING PRESIDENT SPANO: They 12 will be filed in the Journal. Secretary has the 13 list. They will be filed in the Journal, 14 Senator Present. 15 THE SECRETARY: Also, by Senator 16 Marino, I hereby appoint Senator Galiber ranking 17 member of the Senate Finance Committee. 18 (Applause.) 19 ACTING PRESIDENT SPANO: That 20 will also be filed in the Journal. 21 Senator Cook. 22 SENATOR COOK: Mr. President. 23 Could I star Calendar Numbers -- yep, I lost 1 them again -- 18 and 21, please. 2 ACTING PRESIDENT SPANO: Calendar 3 Numbers 18 and 21 will be starred at the request 4 of the sponsor. 5 Senator Present. 6 SENATOR PRESENT: Mr. President. 7 There being no further business, I move that we 8 adjourn until Monday, January 24, at 3:00 p.m., 9 intervening days to be legislative days. 10 ACTING PRESIDENT SPANO: Senate 11 will stand adjourned until Monday. 12 (Whereupon, at 5:02 p.m., Senate 13 adjourned.) 14 15 16 17 18 19