Tuesday, February 15, 1994

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 February 15, 1994 11 3:25 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 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: The 3 Senate will come to order. If you will - 4 Senators please find their seats, and stand with 5 me for the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT FARLEY: Today, 9 we're pleased to have with us Father Bruce Reed, 10 who was recently ordained, of the St. Vincent 11 DePaul Parish of the Diocese of Rockville 12 Centre, Long Island. 13 Father Reed. 14 FATHER REED: O Lord, we ask Your 15 special blessing and benediction upon this 16 session. We know that You call us to be Your 17 instruments in the world, to imitate Your mercy 18 and justice in the world, to provide legislation 19 which imitates Your mercy and forgiveness. 20 We ask You to strengthen and 21 empower us in our session, that we may be 22 productive and efficient instruments of Your 23 grace and kingdom in the world, and we ask this 1 in Your spirit. Amen. 2 ACTING PRESIDENT FARLEY: Thank 3 you, Father Bruce. Nice to meet you. 4 The Secretary will begin by 5 reading the Journal. 6 THE SECRETARY: In Senate, Monday, 7 February 14th. The Senate met pursuant to 8 adjournment, Senator Padavan in the Chair upon 9 designation of the Temporary President. The 10 Journal of Sunday, February 13th, was read and 11 approved. On motion, Senate adjourned. 12 ACTING PRESIDENT FARLEY: Hearing 13 no objection, the Journal will stand approved as 14 read. 15 Order of business. 16 Presentation of petitions. 17 Messages from the Assembly. 18 Messages from the Governor. 19 Reports of standing committees. 20 Reports of select -- we have a 21 report of a standing committee. The Secretary 22 will read. 23 THE SECRETARY: Senator Stafford, 1 from the Committee on Finance, reports the 2 following bills directly for third reading: 3 Senate Bill Number 1284, by 4 Senator Johnson, an act to amend the Vehicle and 5 Traffic Law. 6 1306, by Senator Levy, an act to 7 amend the Executive Law, the Estates, Powers and 8 Trusts Law. 9 4017, by Senator LaValle, an act 10 to amend the Executive Law, in relation to the 11 population requirements for municipalities 12 wishing to establish youth bureaus. 13 4519, by Senator Maltese and 14 others, an act to amend the Executive Law. 15 6001, by Senators Stafford and 16 Volker, an act to amend the State Finance Law 17 and the Public Authorities Law. 18 6307-A, by Senator Holland, fire 19 fighting equipment in the in the possession of 20 the Office of Mental Retardation. 21 6321, by Senator Stafford, in 22 relation to the creation of a fire district in 23 the town of Westport. 1 6345, by Senators Volker and 2 Present, Public Authorities Law, creating the 3 Livingston County Water and Sewer Authority. 4 6689, by Senator Stafford, State 5 Finance Law, in relation to the manner of 6 contracting, paying and refunding of state 7 debt. 8 Senator Cook, from the Committee 9 on Education, reports the following bills 10 directly for third reading: 11 Senate Bill Number 241, by 12 Senators LaValle and Trunzo, an act authorizing 13 the approval of certain building aid for the 14 William Floyd Union Free School District. 15 6113-A, by the Committee on 16 Rules, Education Law, in relation to employment 17 education preparation apportionments. 18 6589, by Senator Present, 19 apportionment of certain education aid to the 20 Portville Central School District. 21 Senator Holland, from the 22 Committee on Social Services, reports the 23 following bills directly for third reading: 1 Senate Bill Number 565, by 2 Senator Skelos and others, Social Services Law, 3 in relation to certain conviction records. 4 1106-A, by Senators Daly and 5 others, Social Services Law, direct payment of 6 shelter allowance. 7 1775-A, by Senator Holland and 8 others, Social Services Law. 9 2839-B, by Senator Holland and 10 others, Social Services Law. 11 And 5626-B, by Senators Holland 12 and others, Social Services Law. 13 Senator DeFrancisco, from the 14 Committee on Veterans, reports the following 15 bills directly for third reading: 16 Senate Bill Number 368-A, by 17 Senator Maltese and others, Real Property Tax 18 Law. 19 1053-A, by Senator Maltese and 20 others, Real Property Tax Law. 21 1396, by Senator Lack and others, 22 Civil Service Law. 23 4354, by Senator Larkin and 1 others, Education Law. 2 6370, by Senator Levy and others, 3 an act to amend the Highway Law. 4 And 6513, by Senator Farley, an 5 act to amend the Highway Law, in relation to the 6 Schenectady County Veterans Memorial Highway. 7 All bills reported directly for 8 third reading. 9 ACTING PRESIDENT FARLEY: All 10 bills directly to third reading. 11 Reports of select committees. 12 Motion and resolutions. 13 Senator Velella. 14 SENATOR VELELLA: Mr. President, 15 my bill on page 10, I offer the following 16 amendments to Calendar Number 211, Senate Bill 17 5518, and ask that the bill retain in -- its 18 place on the Third Reading Calendar. 19 ACTING PRESIDENT FARLEY: 20 Amendments are received. The bill will retain 21 its place on the Third Reading Calendar. 22 Senator Kuhl. 23 SENATOR KUHL: Yes, Mr. 1 President, I wish to call up my bill, Senate 2 Print 6215-A, recalled from the Assembly which 3 is now at the desk. 4 ACTING PRESIDENT FARLEY: 5 Secretary will read Senator Kuhl's bill. 6 THE SECRETARY: By Senator Kuhl, 7 Senate Bill 6215-A, an act to amend the 8 Education Law, in relation to school building 9 aid. 10 ACTING PRESIDENT FARLEY: Senator 11 Kuhl. 12 SENATOR KUHL: I move to 13 reconsider the vote by which this bill was 14 passed. 15 ACTING PRESIDENT FARLEY: Call 16 the roll on reconsideration. 17 (The Secretary called the roll on 18 reconsideration.) 19 THE SECRETARY: Ayes 35. 20 ACTING PRESIDENT FARLEY: The 21 bill is before the house. 22 SENATOR KUHL: Offer up the 23 following amendments. 1 ACTING PRESIDENT FARLEY: 2 Amendments received. Bill will retain its 3 place. 4 SENATOR KUHL: Also, Mr. 5 President, I wish to call up my bill, Senate 6 Print Number 3945, recalled from the Assembly 7 which is now at the desk. 8 ACTING PRESIDENT FARLEY: 9 Secretary will read it. 10 THE SECRETARY: By Senator Bruno, 11 Senate Bill Number 3945, an act to amend the 12 Vehicle and Traffic Law. 13 SENATOR KUHL: Move to reconsider 14 the vote by which the bill was passed. 15 ACTING PRESIDENT FARLEY: Call 16 the roll on reconsideration. 17 (The Secretary called the roll on 18 reconsideration.) 19 THE SECRETARY: Ayes 35. 20 ACTING PRESIDENT FARLEY: Senator 21 Kuhl. 22 SENATOR KUHL: Offer up the 23 following amendments. 1 ACTING PRESIDENT FARLEY: 2 Amendments received. The bill will retain its 3 place. 4 Senator Johnson. 5 SENATOR JOHNSON: Mr. President, 6 as long as I'm standing and we are open for this 7 type of activity, I would like to request that 8 on page 9, Calendar Number 195 be laid aside for 9 the day. 10 ACTING PRESIDENT FARLEY: Lay 11 that bill aside for the day, Senator Johnson's 12 bill. Any other motions? 13 We have some substitutions, 14 Senator Present. Secretary will read them. 15 THE SECRETARY: On page 11, 16 Senator Volker moves to discharge the Committee 17 on Corporations, Authorities and Commissions 18 from Assembly Bill Number 9035 and substitute it 19 for the identical Third Reading 216. 20 Also on page 11, Senator Larkin 21 moves to discharge the Committee on Mental 22 Health and Developmental Disabilities from 23 Assembly Bill Number 8924 and substitute it for 1 the identical Third Reading 217. 2 ACTING PRESIDENT FARLEY: 3 Substitution is ordered. 4 Senator Present. 5 SENATOR PRESENT: Mr. President, I 6 move that we adopt the Resolution Calendar, 7 copies of which are on our desk. 8 ACTING PRESIDENT FARLEY: All in 9 favor of adopting the resolution calendar say 10 aye. 11 (Response of "Aye.") 12 Those opposed, nay. 13 (There was no response.) 14 The Resolution Calendar is 15 adopted. 16 Senator Present. 17 SENATOR PRESENT: Mr. President, 18 I believe we can take up the non-controversial 19 calendar. 20 ACTING PRESIDENT FARLEY: The 21 Secretary will read the non-controversial 22 calendar. 23 THE SECRETARY: On page 4, 1 Calendar Number 27, by Senator Wright, Senate 2 Bill Number 4106-A - 3 SENATOR PRESENT: Lay it aside 4 for the day. 5 ACTING PRESIDENT FARLEY: Lay 6 that bill aside for the day. 7 THE SECRETARY: Calendar Number 8 623, by Senator Velella, Senate Bill Number 9 6398, Insurance Law, in relation to dental risk 10 management programs. 11 SENATOR PRESENT: Lay that bill 12 aside. 13 ACTING PRESIDENT FARLEY: Lay 14 that bill aside for the entire day. 15 THE SECRETARY: Calendar Number 16 88, by Senator Levy, Senate Bill Number 191, an 17 act to amend the Vehicle and Traffic - 18 SENATOR GOLD: Lay it aside. 19 ACTING PRESIDENT FARLEY: Lay it 20 aside. 21 SENATOR PRESENT: Lay it aside 22 for the day. 23 ACTING PRESIDENT FARLEY: Lay it 1 aside for the day. 2 THE SECRETARY: Calendar Number 3 103, by Senator Stafford, Senate Bill Number 4 6384, an act to amend - 5 SENATOR GOLD: Lay that aside for 6 Senator Dollinger, please. 7 ACTING PRESIDENT FARLEY: Lay it 8 aside temporarily. 9 THE SECRETARY: Calendar Number 10 126, by Senator Hannon, Senate Bill Number 11 281-A, authorizing the County of Nassau to 12 accept an application for real property tax 13 exemption. 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 38. 22 ACTING PRESIDENT FARLEY: The 23 bill is passed. 1 THE SECRETARY: Calendar Number 2 130, by Senator Stafford, Senate Bill Number 3 438, an act to amend the Real Property Tax Law. 4 ACTING PRESIDENT FARLEY: Read 5 the last section. 6 SENATOR GOLD: Lay that aside 7 temporarily. 8 ACTING PRESIDENT FARLEY: Lay it 9 aside. 10 THE SECRETARY: Calendar Number 11 158, by Senator Saland, Senate Bill Number 2583, 12 Education Law, in relation to making certain 13 incarcerated persons ineligible for certain 14 general tuition awards. 15 ACTING PRESIDENT FARLEY: Okay. 16 I thought you said 158. It's 153, calendar - 17 read the last section. 18 SENATOR GOLD: Lay aside 153. 19 ACTING PRESIDENT FARLEY: 153, 20 lay it aside. Lay 153 aside. 21 THE SECRETARY: Calendar Number 22 154, by Senator LaValle, Senate Bill Number 23 3970-A, Education Law in relation to membership 1 on the - 2 SENATOR GOLD: Lay it aside. 3 ACTING PRESIDENT FARLEY: Lay 4 that bill aside. 5 THE SECRETARY: Calendar Number 6 157, by - 7 SENATOR GOLD: Lay it aside for 8 the day. 9 ACTING PRESIDENT FARLEY: Lay it 10 aside for today. 11 THE SECRETARY: Calendar Number 12 158, by Senator Maltese, Senate Bill Number 13 3304, an act to amend the Education Law. 14 SENATOR DOLLINGER: Lay that 15 aside. 16 ACTING PRESIDENT FARLEY: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 162, by Senator Maltese, Senate Bill Number 20 6411, administrative code of the city of New 21 York. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 40. 7 ACTING PRESIDENT FARLEY: That 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 163, by Senator Stafford - 11 SENATOR GOLD: Lay it aside, 12 please. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside. 15 THE SECRETARY: Calendar Number 16 164, by Senator Larkin, Senate Bill Number 1942, 17 an act to amend the Vehicle - 18 SENATOR GOLD: Lay it aside. 19 ACTING PRESIDENT FARLEY: Lay it 20 aside. 21 THE SECRETARY: Calendar Number 22 165 - 23 SENATOR GOLD: Lay it aside. 1 ACTING PRESIDENT FARLEY: Lay it 2 aside. 3 THE SECRETARY: Calendar Number 4 168 - 5 SENATOR GOLD: Lay it aside. 6 ACTING PRESIDENT FARLEY: Lay it 7 aside. 8 THE SECRETARY: Calendar Number 9 169 - 10 SENATOR GOLD: Lay it aside. 11 ACTING PRESIDENT FARLEY: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 171, by Senator Johnson, Senate Bill Number 15 6562, to provide for a study by the New York 16 State Thruway Authority. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FARLEY: Call 22 the roll. 23 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 41. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 176, by Senator Levy, Senate Bill Number 1002, 6 an act to amend the Vehicle and Traffic Law. 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 41. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 177, by Senator Velella - 19 SENATOR GOLD: Lay it aside. 20 ACTING PRESIDENT FARLEY: Lay it 21 aside. 22 THE SECRETARY: Calendar Number 23 180, by Senator Volker - 1 SENATOR GOLD: Lay it aside, 2 please. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside. 5 THE SECRETARY: Calendar Number 6 186, by Senator Cook - 7 SENATOR GOLD: Lay it aside, 8 please. 9 ACTING PRESIDENT FARLEY: Lay it 10 aside. 11 THE SECRETARY: Calendar Number 12 187, by Senator Lack, Senate Bill Number 348, an 13 act to amend the Penal Law. 14 SENATOR GOLD: Lay it aside for 15 Senator Dollinger. 16 ACTING PRESIDENT FARLEY: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 189, by Senator Skelos, Senate Bill Number 3612, 20 an act to amend the Criminal Procedure Law. 21 SENATOR GOLD: Lay it aside. 22 ACTING PRESIDENT FARLEY: Lay it 23 aside. 1 THE SECRETARY: Calendar Number 2 192, by Senator Johnson, Senate Bill Number 3 783-A, Environmental Conservation Law. 4 ACTING PRESIDENT FARLEY: Read 5 the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT FARLEY: Call 9 the roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 41. 12 ACTING PRESIDENT FARLEY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 197, by Senator LaValle, Senate Bill Number 577, 16 an act to amend the Correction Law. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FARLEY: Call 22 the roll. 23 (The Secretary called the roll.) 1 THE SECRETARY: Ayes - 2 SENATOR SMITH: Lay it aside, 3 please. 4 ACTING PRESIDENT FARLEY: 5 Withdraw the roll call. Lay it aside. 6 THE SECRETARY: Calendar Number 7 200, by Senator Skelos, Senate Bill Number 6569, 8 an act to amendment the Executive Law, in 9 relation to the powers and duties of the Crime 10 Victims Board. 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 Number 22 203, by Senator Hannon, Senate Bill Number 3169, 23 Real Property Law, in relation to the sale of 1 mobile homes. 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 42. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 204, by Senator Hannon, Senate Bill Number 3170, 14 an act to amend the Real Property Law. 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 42. 23 ACTING PRESIDENT FARLEY: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 205, by Senator Hannon, Senate Bill Number 3173, 4 Real Property Law and the Private Housing 5 Finance Law. 6 ACTING PRESIDENT FARLEY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 42. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 208, by the Senate Committee on Rules, Senate 18 Bill Number 6084, an act to amend the Private 19 Housing Finance Law. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 42. 5 ACTING PRESIDENT FARLEY: That 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 209, by Senator Velella, Senate Bill Number 9 2230, an act to amend the Insurance Law. 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 42. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 210, by Senator Velella, Senate Bill Number 22 2595, an act to amend Chapter 24 of the Laws of 23 1992 amending the Insurance Law. 1 ACTING PRESIDENT FARLEY: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT FARLEY: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 43. 9 ACTING PRESIDENT FARLEY: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 214, by Senator Farley, Senate Bill Number 13 2756-A, an act to amend the Not-for-Profit 14 Corporation Law. 15 ACTING PRESIDENT FARLEY: Read the 16 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 43. 23 ACTING PRESIDENT FARLEY: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 215, by Senator Trunzo, Senate Bill Number 3473, 4 an act to amend the Public Authorities Law and 5 the General Municipal Law. 6 ACTING PRESIDENT FARLEY: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 43. 14 ACTING PRESIDENT FARLEY: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 216, substituted earlier today, by member of the 18 Assembly Hoyt, Assembly Bill Number 9035, an act 19 to amend the Public Authorities Law, in relation 20 to making a technical correction regarding the 21 Buffalo Sewer District -- Sewer Authority. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 43. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 217, substituted earlier today by the Assembly 11 Committee on Rules, Assembly Bill Number 8924, 12 an act to amend Chapter 591 of the Laws of 1993, 13 relating to authorizing the lease of certain 14 facilities in the Middletown Psychiatric Center. 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 43. 23 ACTING PRESIDENT FARLEY: The 1 bill is passed. 2 Senator Hannon. 3 SENATOR HANNON: Mr. President, I 4 would like to request permission to star a bill. 5 ACTING PRESIDENT FARLEY: All 6 right. 7 SENATOR HANNON: Page 10, 8 Calendar Number 207, Print 5190. 9 ACTING PRESIDENT FARLEY: 207 is 10 starred at the request of the sponsor. 11 Senator Present, that concludes 12 the non-controversial. 13 SENATOR PRESENT: Make we take up 14 the controversial, please. 15 ACTING PRESIDENT FARLEY: 16 Controversial. The Secretary will read. 17 THE SECRETARY: On page 4, 18 Calendar Number 103, by Senator Stafford - 19 SENATOR PRESENT: Lay it aside. 20 ACTING PRESIDENT FARLEY: Lay 21 that bill aside. 22 THE SECRETARY: Calendar Number 23 130, by Senator Stafford, Senate Bill Number 1 438, an act to amend the Real Property Tax Law. 2 SENATOR GOLD: Are you going to 3 do it? 4 SENATOR PRESENT: Lay it aside 5 temporarily. 6 ACTING PRESIDENT FARLEY: Lay 7 that bill aside temporarily. 8 THE SECRETARY: Calendar Number 9 153, by Senator Saland - 10 SENATOR PRESENT: Lay it aside 11 temporarily. 12 ACTING PRESIDENT FARLEY: Lay 13 that bill aside temporarily. 14 THE SECRETARY: Calendar Number 15 154, by Senator LaValle, Senate Bill Number 16 3970-A, an act to amend the Education Law. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 Explanation has been asked for. 20 Lay it aside temporarily. 21 THE SECRETARY: Calendar Number 22 158, by Senator Maltese, Senate Bill Number 23 3304, Education Law, in relation to instruction 1 in the display, use and proper respect for the 2 Flag. 3 SENATOR PRESENT: May we lay that 4 bill aside temporarily and call up 165. 5 ACTING PRESIDENT FARLEY: Call up 6 165. Lay aside 158 temporarily. 7 THE SECRETARY: Calendar Number 8 165, by Senator Goodman, Senate Bill Number 9 2706, an act to amend the Vehicle and Traffic 10 Law, in relation to allowing parking violation 11 bureaus to increase the fine for illegal 12 parking. 13 SENATOR GOLD: Mr. President, 14 would Senator Goodman yield to a question? 15 ACTING PRESIDENT FARLEY: Senator 16 Goodman, would you yield to a question. 17 SENATOR GOODMAN: Yes, Mr. 18 President. 19 SENATOR GOLD: Senator Goodman, I 20 have absolutely no sympathy at all for anyone 21 who parks in handicapped parking spaces but 22 I'm - 23 SENATOR GOODMAN: Except the 1 handicapped, Senator. 2 SENATOR GOLD: Except the 3 handicapped. That's a good point. Thank you. 4 That's a wonderful point. 5 At any rate, Senator Goodman, 6 assuming that somebody is now doing it and 7 they're paying $150, I don't see where 200 stops 8 them. I assume the purpose of the bill is to 9 stop them in some way. I mean, isn't there 10 something else we can do? Towing them automatic 11 or whatever, but do you think that adding $50 12 when it's already $150 really accomplishes the 13 purpose, and I'm not going to vote no on the 14 bill because anything we can do is fine, but do 15 you think that just adding $50 does it? 16 SENATOR GOODMAN: First, let me 17 say I appreciate your support for this humble 18 offering. Second, let me say we've contemplated 19 several other options: One would be the 20 guillotine. Second would be the stock. The 21 third might be the gallows, but all of these 22 seem to be unavailable and so we just decided to 23 resort to that age-old technique known as 1 monetary penalties and hitting the pocketbook 2 nerve. 3 I am not certain that by going to 4 the higher level of fine that you've just men 5 tioned, $250, rather than 100, that we will - 6 250 -- that we will deter all of those people 7 who selfishly put their cars in disabled parking 8 spaces but, Senator, quite seriously, we would 9 want to try to do this, because there is a 10 sufficient breach of this law to cause us real 11 concern that those who rely upon getting their 12 automobiles closer to places of commerce, so 13 that when they shop for groceries or other 14 essentials, that they not have a long way to go 15 to get those items into the trunks of their 16 cars. 17 SENATOR GOLD: Last section. 18 SENATOR GOODMAN: Thank you, 19 Senator. 20 ACTING PRESIDENT FARLEY: 21 Senator Smith. 22 SENATOR SMITH: Thank you, Mr. 23 President. 1 Would you sponsor yield to a 2 question? 3 SENATOR GOODMAN: Yes. 4 SENATOR SMITH: Thank you, 5 Senator Goodman. 6 The only concern that I have - 7 and I have been an advocate for the handicapped 8 for most of my life -- is that in some 9 instances, the signage is not properly placed or 10 that it is no| quite evident where the 11 handicapped space ends and other spaces then 12 start, and I would not wnt to subject other 13 people |o fines that aren't just because they 14 cannot read the signage properly. That's the 15 only problem. Do you know if your bill -- I 16 have not read it -- will take into consideration 17 that everything must be in order prior to us 18 issuing the summons? 19 SENATOR GOODMAN: Senator, I 20 understand your objection and it's certainly 21 legitimate. I think for the most part these 22 places tend to be plainly marked. In some 23 instances there are painted signs in the parking 1 place itself which may over time have become dim 2 or maybe totally obscured. This, I think occurs 3 only in a small number of cases, but in that 4 instance, I would assume that a magistrate would 5 use the same discretion that's used in the 6 matter of parking in a no parking zone from 7 which the sign has been detached or from which 8 the sign is otherwise obscured. 9 So there are, of course, remedies 10 in the court itself once one is hauled into 11 court, but here again, the failure to have 12 adequate marking in all instances does not 13 invalidate the basic purpose of the bill. 14 SENATOR SMITH: Thank you very 15 much. 16 SENATOR GOODMAN: Thank you, 17 Senator. 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. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 47. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 Senator Present. 6 SENATOR PRESENT: Mr. President, 7 can we call up Calendar 153? 8 ACTING PRESIDENT FARLEY: 153. 9 The Secretary will read Senator Saland's bill. 10 THE SECRETARY: Calendar Number 11 153, by Senator Saland, Senate Bill Number 2583, 12 an act to amend the Education Law, in relation 13 to making certain incarcerated persons 14 ineligible for certain general tuition awards. 15 SENATOR GOLD: Explanation. 16 ACTING PRESIDENT FARLEY: 17 Explanation has been asked for. 18 Senator Saland. 19 SENATOR SALAND: Thank you, Mr. 20 President. 21 Mr. President, what this bill 22 would do would be to say that the approximate $5 23 million a year that's currently being spent on 1 some 5,000 inmates to provide them with the 2 ability to take college courses would be 3 eliminated and those monies would effectively be 4 used for the non-inmate -- for people who are 5 struggling to try and obtain funds for college 6 education, for people on the other side of the 7 walls. 8 It's a bill which I think 9 recognizes certainly the current difficult times 10 that much of New York State is enduring, 11 particularly those who are trying to find the 12 wherewithal to put themselves through college or 13 get assistance from families. I think perhaps 14 it also recognizes, although this was in long - 15 long before the event, it also recognizes that 16 perhaps it's bad enough that the state of New 17 York, through the Governor and the Commissioner, 18 sought to bring Thomas Grasso back so he could 19 serve his life sentence before being sent back 20 to Oklahoma to be executed, but we need not also 21 provide him with a college education while he's 22 waiting here. 23 SENATOR GOLD: Mr. President. 1 ACTING PRESIDENT FARLEY: Senator 2 Gold. 3 SENATOR GOLD: Would the sponsor 4 yield to a question? 5 ACTING PRESIDENT FARLEY: Senator 6 Larkin, will you yield? 7 SENATOR SALAND: Senator Larkin? 8 ACTING PRESIDENT FARLEY: I'm 9 sorry, Senator Saland. 10 SENATOR GOLD: I want to deal 11 with Senator Saland directly. 12 Senator, I just want to 13 understand how the program works. We've had a 14 bill that we debated, I think it was sponsored 15 by Senator Cook, which dealt with the issue of 16 higher education of people in the prison 17 system. Now, how does this work in terms of 18 these financial programs when someone is 19 incarcerated? 20 SENATOR SALAND: TAP is asset or 21 income driven and it's basically driven by your 22 ability financially, and there are very few 23 people that I'm aware of who are serving in our 1 corrections facilities who have the kinds of 2 incomes that take them out of the realm of being 3 TAP eligible, and this is saying we don't -- we 4 don't think that you should be TAP eligible. 5 This is not saying that you can't be provided an 6 education or a secondary education or can't 7 receive some type of job training, and it 8 certainly doesn't prevent those who might have 9 the means either by way of family assistance or 10 by way of loans, if they can obtain them or if 11 their family can obtain them, from receiving 12 some college work. 13 SENATOR GOLD: If the Senator 14 would yield to another question. 15 ACTING PRESIDENT FARLEY: Senator 16 Saland. 17 SENATOR GOLD: What I'm trying to 18 get out on the table, Senator, and I assume you 19 can describe this better than I can, Senator 20 Cook had a bill which was concerned about this 21 and whether or not we should be spending money 22 to educate these people. Now we're talking 23 about these people getting -- applying for 1 student aid and student loans. How do these - 2 how does this - 3 SENATOR SALAND: Let me see if I 4 can -- as best as I can recollect, present the 5 distinction between Senator Cook's bill and my 6 bill, and I can recall standing up at that time 7 and explaining my vote and commending Senator 8 Cook for his efforts, and I said perhaps my 9 approach would be even less appealing to those 10 who opposed Senator Cook's bill than with 11 Senator Cook's bill. His bill, as I recall it, 12 basically said if, in fact, you have received 13 some type of college tuition assistance while 14 you were serving as an inmate, you would be 15 required, upon your graduation, to basically 16 make good those funds. It was a loan by the 17 taxpayers of the people of the state of New York 18 and we would like to you repay it. 19 My bill, I guess sort of says I 20 don't want to go as far as Senator Cook. I 21 don't necessarily want it as a pay-back option. 22 I think that there are other people who could 23 use those funds and make better use of those 1 funds, probably several thousand students, 2 prospective students who would be well served by 3 having these monies, people from disadvantaged 4 communities, people from communities throughout 5 our state, regardless of whether its urban, 6 suburban or rural. 7 SENATOR GOLD: Senator - 8 ACTING PRESIDENT FARLEY: Senator 9 Gold -- would you yield? 10 SENATOR GOLD: Senator, let me 11 put on the table what is troubling me because I 12 obviously am not as well versed as perhaps you 13 and Senator Cook are. 14 SENATOR SALAND: You're very 15 kind, Senator. I am sure you're very well 16 versed. I've always found you to be. 17 SENATOR GOLD: I'm being very 18 serious. I'm not trying to be ingratiating. 19 You have somebody who's incarcerated and there 20 is a program of higher education available to an 21 inmate. Now, I was under the impression that if 22 they were qualified for this program, they could 23 get into the program, and that Senator Cook and 1 others, as a matter of philosophy, believed that 2 these people should not be getting what amounts 3 to, quote "free education". That's what I 4 believed as I -- as we discussed this bill. 5 This bill is leading me to believe other things, 6 and that is that if they're incarcerated and 7 they are eligible for the program, they have to 8 in some way pay for that program now, but that 9 they pay for it either through TAP or student or 10 other kinds of loans, which is a different 11 philosophy, I think, than what I thought I 12 understood on Senator Cook's bill. That's why I 13 want to know what that mechanism is. 14 If someone is an inmate today and 15 they want to participate in a college program, 16 do they have to pay for it? Do they have to 17 apply for TAP or a student loan or come up with 18 the money or, in fact, are we giving these 19 people a free education? 20 SENATOR SALAND: The monies, as I 21 understand it, that some 2500 inmates receive 22 per semester are monies that come primarily from 23 TAP. That amounts to about 2.57 -- $2.57 1 million per semester, annualized we're talking, 2 as I said earlier, some 5,000 inmates, some 3 $5-plus million. 4 As I mentioned earlier, my 5 approach is a bit different than Senator Cook's, 6 and I think in part the types of economic times 7 that we have to contend with currently certainly 8 justifies the approach that I've taken. I'm not 9 saying get rid of the money. What I'm saying is 10 let the money stay in the pool but there are 11 disadvantaged people who are not incarcerated, 12 are not on the wrong side of the walls, who 13 could be well served by getting these monies and 14 using that to further their education by going 15 to college. 16 SENATOR GOLD: Thank you. 17 Mr. President. 18 ACTING PRESIDENT FARLEY: Senator 19 Gold. 20 SENATOR GOLD: I am still a 21 little confused as to exactly how this works, 22 and it obviously works a little differently than 23 I thought. 1 I want to point out there is a 2 memorandum in opposition from the New York State 3 Independent Colleges and Universities, and we 4 have had this before. In the past, Senator 5 Connor and Espada and myself, Leichter, 6 Markowitz, Montgomery, Ohrenstein, Paterson, 7 Smith, Stavisky and Waldon have voted in the 8 negative. 9 I would just say this, though, 10 Senator Saland, I think I'm missing something 11 and I'm not trying to miss it, I really am not. 12 Someone is incarcerated and we give them a 13 training program, for example, how to repair 14 eyeglasses and whatever. These training 15 programs exist at the prison. I don't believe 16 -- and I may be wrong, but I don't believe we 17 charge the inmates money to participate in those 18 programs, the auto repair shops and whatever. I 19 thought, as we have debated Senator Cook's bill 20 over the years, that if certain other inmates 21 would apply for higher education, they would get 22 it, and that that was offensive to many people 23 who felt that if their children couldn't get a 1 higher education for nothing, you shouldn't have 2 to go to prison to get one. 3 Your bill is telling me something 4 different, and while you're right, I don't agree 5 with your bill even more than I don't agree with 6 Senator Cook's bill, it's because as I'm 7 explaining it, if I'm explaining it right, your 8 philosophy does offend me more, because if you 9 now have a situation where someone is 10 incarcerated but they are eligible for the TAP 11 program or the student loan which gets repaid or 12 whatever and they are, in fact, paying for their 13 education, I don't know why we're mixing up the 14 apples and oranges. 15 The youngsters who are not 16 incarcerated are entitled to apply for TAP or 17 for student loans. We're not affecting them at 18 all and then these people who are incarcerated 19 are making the applications, so I don't see that 20 as anywhere near as offensive, if I can use that 21 word, as the concept spelled out by Senator Cook 22 where he was implying that people in prison were 23 getting this all for free, they are on vacation 1 while these poor other kids were out on the 2 street and couldn't get the education. 3 So I'm going to continue to vote 4 in the negative, and as I pointed out, the New 5 York State Independent Colleges and Universities 6 have filed in opposition on the bill once again. 7 SENATOR SALAND: Thank you, Mr. 8 President. 9 ACTING PRESIDENT FARLEY: Senator 10 Saland. 11 SENATOR SALAND: Thank you. 12 I certainly don't mean to 13 denigrate Senator Gold's arguments. Obviously, 14 we have a very strong difference of opinion. I 15 believe that these taxpayer monies should 16 basically go where they will be best served and 17 help those who, I believe, are in far greater 18 need. 19 Thank you. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 44, nays 4. 5 Senators Gold, Markowitz, Ohrenstein and Smith 6 recorded in the negative. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 Senator DeFrancisco. 10 SENATOR DeFRANCISCO: I would 11 request unanimous consent to be recorded in the 12 negative on Calendar Bill Number 176. 13 ACTING PRESIDENT FARLEY: 176, 14 Senator DeFrancisco will be in the negative. 15 Senator Present. 16 SENATOR PRESENT: Take up 17 Calendar Number 158 and then follow regular 18 order. 19 ACTING PRESIDENT FARLEY: 158. 20 THE SECRETARY: Calendar Number 21 158, by Senator Maltese, Senate Bill Number 22 3304, an act to amend the Education Law, in 23 relation to the instruction in the display, use 1 and proper respect for the Flag. 2 SENATOR DOLLINGER: Explanation. 3 ACTING PRESIDENT FARLEY: 4 Explanation has been asked for. 5 Senator Maltese. 6 SENATOR MALTESE: Mr. President, 7 this bill would amend Section 802, Subdivision 1 8 of the Education Law in order to require the 9 instruction of proper respect toward the Flag. 10 Presently, according to the Board 11 of Education, the city has no mandate requiring 12 such instruction and the Department of Education 13 has indicated that while there is a requirement 14 to instruct in the areas of patriotism and 15 citizenship, there is no specific instruction 16 provided for in this area. 17 This bill would incorporate into 18 the Education Law the provisions of Section 170 19 to 177 of Title 36 of the United States Code as 20 a minimum for instruction. This is, of course, 21 supported by many veterans' groups and the 22 American Legion specifically, and while it would 23 be mandated in Section 802 and would cover the 1 sections enumerated in the United States Code, 2 which I'll read this heading, would be the 3 National Anthem, the Star Spangled Banner, 4 conduct during playing, Pledge of Allegiance to 5 the Flag, manner of delivery, display and use of 6 the Flag by civilians, codification of rules and 7 customs, definition, time and occasions for 8 display, position and manner of display and 9 respect for the Flag. 10 Mr. President, the -- the times 11 when respect seems to be in short supply for any 12 of the traditions of not only our country but 13 the traditions and morality espoused by the 14 veterans' groups that are supporting this 15 legislation and many of the groups that have 16 assisted in making this country great seem to 17 mandate some clarification here as to what 18 instructions should be given. 19 We have checked with, as I say, 20 the Board of Education, and apparently no 21 instruction is required specifically to these 22 areas that are enumerated in the United States 23 Code, so it would seem that this serves a 1 purpose. 2 This legislation has been debated 3 three prior years, so the various reasons and 4 rationale for this legislation have been covered 5 in a prior debate. 6 ACTING PRESIDENT FARLEY: Senator 7 Dollinger. 8 SENATOR DOLLINGER: Will Senator 9 Maltese yield to one -- to a couple questions? 10 ACTING PRESIDENT FARLEY: Will 11 you yield? 12 SENATOR MALTESE: Yes. 13 SENATOR DOLLINGER: First of all, 14 I note in the sponsor's memorandum accompanying 15 the bill, it talks about elementary and 16 secondary schools. Do you know whether any 17 secondary schools in New York State do a Flag 18 curriculum? Do we do it in high school? 19 SENATOR MALTESE: Well, we - 20 Senator Dollinger, we -- Mr. President, we 21 checked with the Board of Education based on 22 prior debate, and perhaps even in response to 23 Senator Dollinger's question last year, and what 1 we were told then was that -- that these areas 2 were not specifically required either in 3 elementary or secondary education. 4 SENATOR DOLLINGER: Okay. Again, 5 through you, Mr. President. 6 ACTING PRESIDENT FARLEY: Senator 7 Dollinger. 8 SENATOR DOLLINGER: Do you know 9 whether there's actually a Flag curriculum for 10 high school students? 11 SENATOR MALTESE: I don't know 12 for a fact, but I imagine if there had been one, 13 they would have responded in the affirmative to 14 our questions. 15 SENATOR DOLLINGER: Okay. Again, 16 through you, Mr. President if Senator Maltese 17 would continue to yield. You referred to the 18 Board of Education. Is that the Board of 19 Education of the city of New York, Senator? 20 SENATOR MALTESE: The -- Mr. 21 President, I would even give the name. I don't 22 know the title, but according to somebody named 23 Bob Terte of the New York City Board of 1 Education, the city has no curriculum, and as 2 far as the Department of Education here in 3 Albany, the person that responded was a Joanne 4 Larson and indicated -- and this is the quote I 5 have -- "While there is a requirement to 6 instruct in the areas of patriotism and 7 citizenship, there is no specific Flag 8 instruction provided for". 9 SENATOR DOLLINGER: Okay. I 10 guess my question, again through you, Mr. 11 President, if Senator Maltese would continue to 12 yield. 13 ACTING PRESIDENT FARLEY: I'm 14 sure he will. 15 SENATOR DOLLINGER: Do you know, 16 even though whether -- even though it's not 17 required, is it actually going on? 18 SENATOR MALTESE: Mr. President, 19 I don't know for a fact but I imagine given the 20 dedication and experience of any of the teachers 21 in the public school system, that it is, in 22 fact, probably going on in many of the public 23 and private schools in our state, but the 1 problem is that with the demands of time and 2 other subjects intervening and intruding, 3 undoubtedly there are many teachers who might be 4 fine teachers but are choosing to skip it. This 5 would mandate that instruction, rather than 6 leave it up to an individual teacher. 7 SENATOR DOLLINGER: Just one 8 other question, again through you, Mr. 9 President. Senator, you mentioned that this 10 sense of patriotism for the Flag and the 11 tradition for the Flag was somehow in short 12 supply in this state. Just so I understand, 13 what's your proof for that, that this is in 14 short supply? 15 SENATOR MALTESE: Mr. President, 16 I don't mean to call the fair name of our state 17 into disrepute. I think that what that is a 18 commentary on is our times, perhaps some of the 19 TV programs, radio programs, media, manifested 20 by some of the things occurring in our society, 21 perhaps even lawless acts, crime, which would 22 seem to indicate that respect for any of the - 23 the moral traditions of our city and state and 1 country are in short supply. It's kind of a 2 lament, hoping that things get better. 3 ACTING PRESIDENT FARLEY: Senator 4 Dollinger. 5 SENATOR DOLLINGER: Mr. 6 President, I note that the fiscal implication on 7 the sponsor's memo indicates that there's no 8 implication, no cost associated with this 9 mandate, is that correct? 10 SENATOR MALTESE: Mr. President, 11 it would seem that this would simply take the 12 place of other instruction -- other instruction 13 and mandate a more formal, if you will, 14 curriculum and, therefore, there should be no 15 additional time spent in the specific classes or 16 curriculum. 17 SENATOR DOLLINGER: And again, 18 just through you, Mr. President. Who do you 19 anticipate will write this curriculum? 20 SENATOR MALTESE: It's called for 21 in the bill, it will be left up to the 22 Commissioner of Education. 23 SENATOR DOLLINGER: On the bill, 1 Mr. President. 2 ACTING PRESIDENT FARLEY: On the 3 bill, Senator Dollinger. 4 SENATOR DOLLINGER: I appreciate 5 Senator Maltese's intent in this piece of 6 legislation. I'm going to vote for this piece 7 of legislation. I guess, if there is a good 8 mandate, this is a good mandate, but don't 9 mistake the fact that it's a mandate. 10 What does it take to write a 11 curriculum? My guess is -- and I've talked 12 about this frankly in public meetings that I've 13 had about this particular bill and what it means 14 as far as a mandate goes. My guess is this is 15 bill going to be sent to the Commissioner of 16 Education, if it passes the other house and gets 17 sent over there by the Governor. The 18 Commissioner of Education is going to do what 19 every good curriculum writer would do. He's 20 going to have a deputy assistant, subordinate 21 commissioner, put together all of the material 22 on the Flag, find out whether it incorporates 23 those sections of the U.S. Code, then spend a 1 couple hundred dollars working a team to try to 2 come up with a draft curriculum, then they'll 3 publicize the draft curriculum for all of the 4 public in this state. They'll analyze the 5 comments. They'll publish the final regulation 6 -- the final suggested curriculum. That will 7 go out to all the school districts. They, in 8 turn, will find out what they're doing in their 9 curriculum and try and conform to it. 10 The answer is, there's going to 11 be thousands upon thousands upon thousands of 12 instructional and educational time that will go 13 into putting this mandate together. I don't 14 think it's -- the fiscal implication is none. I 15 think the fiscal implication is substantial, but 16 even with that, I'm prepared to vote for this 17 mandate, because I think this is something we 18 should do. 19 My guess is -- and I appreciate 20 Senator Maltese's point of view, but when I 21 found out about this bill, I talked about it in 22 both the Brighton and Greece School Districts 23 and they said, "We do all this stuff. We don't 1 need to be told do that," and then, of course, I 2 checked with my other expert about primary 3 education, Senator Jones, and she confirmed that 4 in the first grade class that she taught, they 5 did it as well. So we're telling them to do 6 something; we're not even sure whether they 7 currently do it. 8 My strong opinion is, because of 9 the reverence that this state holds the Flag in, 10 they're already doing all these things and we 11 don't need to tell them. But lest there be any 12 doubt, I'm prepared to vote for this very good 13 mandate, but I recognize it is a mandate 14 nonetheless and the cost of it is not none. It 15 is probably significant. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 180th day after it 20 shall have become a law. 21 ACTING PRESIDENT FARLEY: Call 22 the roll. 23 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 50. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 Regular order. 5 THE SECRETARY: Calendar Number 6 163, by Senator Stafford, Senate Bill - 7 SENATOR GOLD: Explanation. 8 ACTING PRESIDENT FARLEY: 9 Explanation. 10 SENATOR PRESENT: Lay it aside. 11 ACTING PRESIDENT FARLEY: Lay it 12 aside temporarily. 13 THE SECRETARY: Calendar Number 14 164, by Senator Larkin - 15 SENATOR GOLD: Explanation. 16 THE SECRETARY: -- Senate Bill 17 Number 1942, an act to amend the Vehicle and 18 Traffic Law. 19 SENATOR PRESENT: Lay it aside 20 temporarily. 21 ACTING PRESIDENT FARLEY: Lay it 22 aside temporarily. 23 THE SECRETARY: Calendar Number 1 168, by Senator Levy, Senate Bill Number 5435-B, 2 an act to direct the New York State Thruway 3 Authority to do a study on use and revenue of 4 the Thruway system. 5 SENATOR PRESENT: Lay it aside 6 for the day. 7 ACTING PRESIDENT FARLEY: Lay it 8 aside for the day. 9 THE SECRETARY: Calendar Number 10 169, by Senator Holland, Senate Bill Number 11 6312, an act to amend the Public Authorities 12 Law. 13 SENATOR GOLD: Explanation. 14 SENATOR PRESENT: Lay it aside 15 temporarily. 16 ACTING PRESIDENT FARLEY: Lay it 17 aside. 18 THE SECRETARY: Calendar Number 19 177, by Senator Velella, Senate Bill Number 20 1579, an act to amend the Vehicle and Traffic 21 Law and the Criminal Procedure Law. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 50. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 180, by Senator Volker, Senate Bill Number 11 919-A, an act to amend the Penal Law, in 12 relation to resisting arrest. 13 SENATOR GOLD: Explanation. 14 ACTING PRESIDENT FARLEY: Senator 15 Volker, for an explanation. 16 SENATOR VOLKER: Mr. President, 17 this bill pertains to raising the penalty for 18 the use of physical force in resisting arrest. 19 At the present time, any type of resisting 20 arrest the same penalty is provided, which is a 21 Class A misdemeanor. But we're providing in 22 this bill, and a number of law enforcement 23 agencies have asked for it, that there should be 1 separate grades of resisting arrest, depending 2 on whether physical force is used. 3 What we do in this bill is, if 4 physical force is used in the resisting arrest, 5 then the penalty would be a Class E felony, the 6 lowest grade of felony. The standard resisting 7 arrest which could be passive, a whole series of 8 things that could constitute as resisting 9 arrest, would continue to be a Class A 10 misdemeanor. 11 ACTING PRESIDENT FARLEY: Senator 12 Gold. 13 SENATOR GOLD: Senator Volker, 14 can I just ask you one question? 15 SENATOR VOLKER: Certainly. 16 SENATOR GOLD: If someone 17 resisted arrest and used physical force or 18 whatever, isn't that also definable as just a 19 straight assault on a police officer? What 20 degree of crime would that be? 21 SENATOR VOLKER: Generally 22 speaking, it is not because what happens is, if 23 there is a serious physical injury, yes, or even 1 a physical injury, what often happens in these 2 resisting arrest cases is the person is stopped 3 for speeding or something of this nature, and 4 the resisting arrest may, in fact, be refusing 5 to -- an order, falling to the ground, all sorts 6 of things, but if they actually push the police 7 officer, maybe even strike the police officer, 8 generally speaking, if there's no injury, you 9 really can't, unless you want to charge them 10 with attempted assault, which is almost 11 impossible. That's where the resisting arrest 12 comes in. 13 SENATOR GOLD: Thank you. 14 I just want to remind some of the 15 members we've had this before, and Senators 16 Connor, Espada, Galiber, Leichter, Markowitz, 17 Mendez, Montgomery and Senator Smith have voted 18 in the negative. 19 Last section. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 1st day of 1 November. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 48, nays 2. 6 Senators Markowitz and Smith recorded in the 7 negative. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 Senator Present. 11 SENATOR PRESENT: Can we call up 12 Calendar 164, please. 13 ACTING PRESIDENT FARLEY: 164, by 14 Senator Larkin. 15 THE SECRETARY: Calendar Number 16 164, by Senator Larkin, Senate Bill Number 1942, 17 an act to amend the Vehicle and Traffic Law, in 18 relation to authorizing the issuance of special 19 registration. 20 SENATOR GOLD: Explanation. 21 ACTING PRESIDENT FARLEY: 22 Explanation. Senator Larkin. 23 SENATOR LARKIN: What this bill 1 really does is it allows those disabled people 2 to use the state-owned lands. 3 You probably are going to ask 4 about the DEC's opposition. I recognize their 5 opposition, but if they would read the bill a 6 little carefully, they will find out that what 7 we're doing is consistent with what we have been 8 doing with the use of public lands. 9 The bill really reads in part 10 there that specifically registered ATVs may be 11 operated on state-owned waters or lands for 12 purposes of transporting a severely disabled 13 person to or from waters or land from which the 14 person intends to take fish or wildlife. 15 I think that this has been tried 16 in other countries. They do it now in Great 17 Britain and France and there hasn't been a 18 problem. 19 SENATOR GOLD: Would the Senator 20 yield - 21 ACTING PRESIDENT FARLEY: Senator 22 Larkin. 23 SENATOR LARKIN: Yes, Senator. 1 SENATOR GOLD: Senator, it seems 2 to me there's two separate parts to this bill 3 and I'm tying to get through it fast so as not 4 to hold you up. The second part deals with 5 registered ATVs may -- ATVs may be operated in 6 state-owned waters, et cetera, for the purpose 7 of transporting severely disabled persons, et 8 cetera. 9 But the first part of the bill 10 deals -- seems to be different and allows any 11 severely disabled person who would be entitled 12 to register a motor vehicle, et cetera -- are 13 those two separate - 14 SENATOR LARKIN: I don't think 15 they are, Senator. We've talked to the disabled 16 community and what we're saying here is that 17 somebody in this condition is going to have 18 access to the lands that the state owns. It's 19 going to be a vehicle. It's going to be 20 registered. It's going to indicate that it's a 21 handicap, and I just think we're just making 22 something more than is there. 23 SENATOR GOLD: Well, the -- what 1 I'm getting at, under the second part of the 2 bill, page 2, lines 38 to 43 - 3 SENATOR LARKIN: M-m h-m-m. 4 SENATOR GOLD: -- the language is 5 short. Provided further that a specifically 6 registered ATV may be operated on state 7 state-owned water or lands for the purpose of 8 transporting a severely disabled person to and 9 from waters or lands from which the person 10 intends to take fish, wildlife, et cetera. 11 This is a specific grant that 12 these people can use the ATV for specific kinds 13 of purposes. 14 SENATOR LARKIN: Only on those 15 state lands. They can't use it any place else 16 in this connection right here, sir. 17 SENATOR GOLD: They can't use it 18 on your front lawn. We're not talking about 19 your front lawn. We're talking about state 20 land. 21 SENATOR LARKIN: Yes, sir. 22 SENATOR GOLD: What I'm saying, 23 this is a specific direction. They can use the 1 vehicle for them to be able to get to fishing 2 spots and water spots and things of those - 3 that sort, isn't that correct? 4 SENATOR LARKIN: Yes, sir. What 5 it says is that they're going to -- go ahead. 6 SENATOR GOLD: Now, what I'm 7 concerned about or I gather that the memo is 8 concerned about is the first part of the bill. 9 The first part of the bill allows the 10 registration, and my question is, under the 11 first part of the bill, does that entitle them 12 to any other uses on state land other than what 13 is specifically set forth on the second page? 14 SENATOR LARKIN: No. It's very 15 clear. In the memo is the same thing. The memo 16 allows the Commissioner of Motor Vehicles to 17 promulgate enabling rules, issue registration 18 for the ATV itself and a certificate to the 19 disabled person. 20 SENATOR GOLD: Okay. 21 SENATOR LARKIN: And this was 22 discussed with them also, and now their DEC memo 23 says that we're registering the vehicle and 1 we're not doing anything to the disabled 2 person. 3 SENATOR GOLD: I just want to 4 read. You made reference to the memo and while 5 we have made comments in the past about the 6 Department of Environmental Conservation and its 7 failure to provide memos, this time they have 8 done that. 9 One -- third paragraph. "ATV use 10 is not without impact on natural resources. 11 Some lands are not suitable for motorized 12 vehicles and have been classified to exclude 13 them in order to protect delicate resources." 14 Now, the purpose of your bill I 15 find very unoffensive. If you want to make it 16 possible for people who are disabled to be able 17 to get around and use natural resources, I think 18 that's a reasonable purpose of a bill. They are 19 apparently concerned, though, that there are 20 some areas where they believe no motor vehicles 21 should be able to go. 22 Under your bill, are they able to 23 make those kinds of regulations? In other 1 words, let's say for the sake of argument, that 2 you are in a location where you are -- where 3 there is fishing and I'm at the road and a 4 disabled person could go with this vehicle 5 directly to you or if there were delicate lands 6 there, does the Department have the right to 7 say, "No, you have to go past the sergeant over 8 here and then go around?" 9 Do they have any right under your 10 bill that would provide that they could take 11 care of the disabled people but still protect 12 some of the lands that if they felt this was a 13 problem. 14 SENATOR LARKIN: If you look at 15 their own rules and regulations now, they have 16 severely imposed restrictions on the use and the 17 accessibility for all of these people. 18 What we're saying now is we're 19 opening this up to disabled people for their 20 ATV. We're also allowing in there that these 21 people -- and the Department is aware of it in 22 the discussions -- that they can promote rules 23 and regulations but they cannot deny the direct 1 access and their language here, in my opinion, 2 is that they, as before, are trying to just 3 directly control the access. This is the same 4 department that is saying, "We want to open up 5 our lands for use". 6 SENATOR GOLD: Will the Senator 7 yield to a question? 8 ACTING PRESIDENT FARLEY: Senator 9 Larkin, would you continue to yield? 10 SENATOR GOLD: Are you saying, 11 Senator, that there -- where is the provision in 12 the bill, if you can just point out to me, which 13 gives the Department the ability to provide the 14 rules and regulations for the use once we do the 15 license? 16 SENATOR LARKIN: Senator, we - 17 in the discussions -- in the memorandum, we're 18 very clear about allowing the Commissioner of 19 Motor Vehicles to promulgate enabling 20 regulations, issue registrations for the ATV 21 itself and a certificate to the disabled person. 22 SENATOR GOLD: All right. 23 Senator -- Senator, if I most respectfully can 1 say this. You are bright enough to know that 2 the memo is not law. 3 SENATOR LARKIN: I understand 4 that. 5 SENATOR GOLD: And your side of 6 the aisle, as well as many people on my side of 7 the aisle, are concerned about administration - 8 administrative agencies and their rule-making 9 authority going past what is given statutorily. 10 I know Senator Present, when he was involved 11 with ARRC felt that way and I'm sure your 12 present chairman feels the same. My only 13 question is, would it perhaps be better to amend 14 the bill, to merely give them, in the bill, the 15 right to make rules and regulations so that once 16 these people are licensed, that they not be 17 denied access, but that the Department have some 18 way of protecting some of the routes they may 19 take. Maybe route A, B and C is available, but 20 they should take route A, which is just as good 21 for them but would protect the lands involved in 22 route B and C. They would wind up in the same 23 place. 1 If you're saying this in your 2 memo, I think we ought to have that in your law. 3 SENATOR LARKIN: Well, I read the 4 memo as you have. All I see is a negative 5 answer to a piece of legislation that addresses 6 an issue that was brought to our attention and I 7 don't believe that if we amend this in that way, 8 we will be doing anything but giving more 9 control to DEC who, in their memorandum, does 10 not make any indication of what they want to 11 do. All they're saying is that it will have an 12 impact on the environment. 13 I don't see a number of 14 individuals with an ATV who are disabled having 15 a rally like they have with motorcycles or 16 that. I just think, in my honest opinion, if 17 the DEC thought there was something wrong, 18 really wrong, I think they should have come in 19 and said, "Could we negotiate or could we do 20 this?" They've done none of that except to put 21 a memorandum in, and I think that this is just 22 the stop gap for them to say they don't want 23 disabled people in state park lands. 1 SENATOR GOLD: Mr. President. 2 ACTING PRESIDENT FARLEY: Senator 3 Gold. 4 SENATOR GOLD: Senator Larkin, I 5 have a philosophical difference with you. You 6 propose a piece of legislation. The Department, 7 which is headed by someone appointed by the 8 Governor, and I assume has some power with the 9 Governor, says to you and I in a memo, that they 10 have a concern, it would seem to me, Senator, 11 that the best way to handle the disabled who you 12 are trying to help and who I am very sympathetic 13 to, is to try to make the legislation in such a 14 manner that it is uncomfortable for even the 15 Governor to even want to veto it and certainly 16 uncomfortable for many of us to oppose it, 17 because we don't want to oppose it, and I think 18 that the concept of your bill has an awful lot 19 of merit. I mean, it really does. 20 On the other hand, Senator, it's 21 one sentence that could be added to the bill 22 which says that the Department has the right to 23 make rules and regulations concerning this, 1 provided that their rules and regulations do not 2 restrict access. You could do these kinds of 3 things and put that in there. I'm not 4 suggesting that you put in rule making authority 5 that negates what you're trying to do with the 6 bill but, as I said to you, if you're now in 7 this park land and you had to get from where you 8 are to Senator Farley, you could take perhaps 9 three routes which are -- each one is easy but 10 two of them or one of them might affect the 11 environment, and the Department might want to 12 suggest that disabled people take the others. 13 They would still be getting access to the state 14 lands. Only it's a reasonable compromise, and I 15 don't know why you don't want to do it, unless 16 maybe, Senator, you don't want it to become a 17 law and you want us to have to vote on this 18 issue year after year, and believe me, there are 19 plenty of bills with great legislative history 20 to pass year after year and it's a great 21 newsletter year after year, and instead of 22 having to think of new ideas, you've got a 23 legislative program good for five years. 1 Now, I know you don't practice as 2 a Senator that way but, Senator, I'm just 3 suggesting to you, I would be glad to help you, 4 not only pass the bill here, but in the other 5 house and with the Governor, but what's the 6 sense of not reacting if a department has a 7 suggestion? It's a long question, if you want 8 to answer it or not, it's up to you. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect on the 120th day. 13 SENATOR GOLD: Slow roll call. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. Ring the bell. 16 THE SECRETARY: Senator Babbush. 17 (There was no response.) 18 Senator Bruno. 19 (There was no response.) 20 Senator Connor excused. 21 Senator Cook. 22 SENATOR COOK: Yes. 23 THE SECRETARY: Senator Daly. 1 SENATOR DALY: Aye. 2 Senator DeFrancisco. 3 SENATOR DeFRANCISCO: Yes. 4 THE SECRETARY: Senator DiCarlo. 5 SENATOR DiCARLO: Aye. 6 THE SECRETARY: Senator 7 Dollinger. 8 SENATOR DOLLINGER: Explain my 9 vote briefly. 10 ACTING PRESIDENT FARLEY: Senator 11 Dollinger to explain his vote. 12 SENATOR DOLLINGER: Senator Gold 13 has raised an interesting and important issue 14 with respect to this bill and, frankly, with a 15 whole lot of bills that we do that seem to get 16 one-house status, and I think it should be taken 17 into account by the Majority on this bill, and I 18 will vote, however, in the affirmative. 19 ACTING PRESIDENT FARLEY: How do 20 you vote? 21 SENATOR DOLLINGER: Aye. 22 THE SECRETARY: Senator Espada. 23 (There was no response.) 1 Senator Farley. 2 SENATOR FARLEY: Aye. 3 THE SECRETARY: Senator Galiber. 4 (There was no response.) 5 Senator Gold. 6 SENATOR GOLD: Mr. President. 7 ACTING PRESIDENT FARLEY: Senator 8 Gold to explain his vote. 9 SENATOR GOLD: Thank you. 10 There's no doubt in my mind that 11 we have the capacity to be stubborn and we have 12 the capacity to pass with 31 votes, anything we 13 have in the confines of this room. What we 14 don't have is the capacity to take a piece of 15 paper and just because 31 of us like the idea, 16 make it into a law. 17 Now, I would love to help these 18 disabled people. This piece of paper in its 19 present form probably helps no one. I shouldn't 20 say no one. I guess if it's a good press story, 21 politically, it might help somebody, but the 22 people that I want to help, I don't think are 23 running for office. They happen to be people 1 who are disabled and who would like better 2 access to our state lands, and the way they get 3 that is perhaps by something being passed that 4 allows ATVs to be used in a proper manner that's 5 safe for them and safe for the environment and I 6 don't know why we wouldn't do that. I really 7 don't know why we wouldn't do that. 8 It seems to me this building gets 9 more and more run by ego instead of intellect. 10 I don't know when we're going to stop it. I 11 congratulate Senator Larkin for a good idea. 12 I'm not so thrilled that we come to this floor 13 day after day with the concept that we can't 14 amend anything once we start it to date because 15 it's perfect, and we all know what happens. If 16 this bill is going to see the light of day as a 17 law, it's going to come back when -- in the 18 middle of the night when somebody might forget 19 that the suggestions came from a Democratic 20 commissioner or from Democratic Senators. If 21 that isn't the most childish nonsense, I don't 22 know what is. 23 There are wonderful ideas that 1 can come out of a debate process that can make 2 good ideas into laws, and I think it degrades 3 this body when we, day after day, take these 4 really silly, silly political, egotistical 5 positions. I think it's a shame, but I'm glad, 6 Senator Larkin, that you brought it to the floor 7 and gave us the opportunity to spend this time 8 discussing it. I mean, I feel this is such a 9 wonderful idea, it would be tragic to just vote 10 on it and let it go away and, therefore, I 11 wanted the slow roll call so we could give it 12 the proper time and energy that it deserves 13 because, Senator Larkin, if it's so great that 14 it can't be amended, then it certainly deserves 15 more than just a passing conversation from all 16 of us. 17 I really hope that before this 18 session ends, we can see something amended or 19 something that has a chance to become a law. As 20 a matter of fact, I see that Assemblyman 21 Seminerio's name is also on this and I intend to 22 talk to him, because I know that Tony Seminerio 23 is a very sincere fellow who would like to see a 1 law, and perhaps Tony Seminerio wants to see a 2 law more than Senator Larkin does and maybe we 3 can get it resolved that way. 4 I vote aye. 5 ACTING PRESIDENT FARLEY: 6 Continue the roll. 7 THE SECRETARY: Senator Gonzalez. 8 (There was no response.) 9 Senator Goodman. 10 SENATOR GOODMAN: Yes. 11 THE SECRETARY: Senator Hannon. 12 (There was no response.) 13 Senator Hoffmann. 14 SENATOR HOFFMANN: Yes. 15 THE SECRETARY: Senator Holland. 16 (There was no response.) 17 Senator Johnson. 18 SENATOR JOHNSON: Aye. 19 THE SECRETARY: Senator Jones. 20 (There was no response.) 21 Senator Kuhl. 22 SENATOR KUHL: Aye. 23 THE SECRETARY: Senator Lack. 1 SENATOR LACK: Aye. 2 THE SECRETARY: Senator Larkin. 3 SENATOR LARKIN: Mr. President, 4 to explain my vote. 5 ACTING PRESIDENT FARLEY: Senator 6 Larkin to explain his vote. 7 SENATOR LARKIN: Last year in 8 this house, we passed a significant piece of 9 legislation that addressed an issue of 10 handicapped individuals who wanted to use a bow 11 and arrow with their ATVs in our state parks. 12 After much discussion, it was 13 passed. It provided individuals who used to 14 hunt and fish, an access to use their bow and 15 arrow which had never been allowed before. We 16 didn't put any restrictions on it. The DEC 17 didn't want it because they were afraid of 18 people with a disability to be in a park and 19 using a bow and arrow. 20 The individual who brought that 21 matter to our attention said, quote "My ATV is 22 my legs. Luther was paralyzed from the chest 23 down in a construction accident. This is 1 important to me. I'm doing everything to make 2 my life the way it was before, to do what I used 3 to do." What he used to do is hunt and fish 4 with his buddies and his friends, and what our 5 legislation was to enable him to do it. 6 With regard to Senator Gold's 7 comments about egos or that -- this isn't an ego 8 trip for me. I'm blessed. I don't have a 9 child, a member of my family or associate who's 10 paralyzed and who owns an ATV. What we're 11 trying to do is provide access. Last year when 12 the Governor's office was talking about this 13 bill, a member of the Governor's office said, 14 "Remember, the Governor has consistently 15 supported measures that increase access for the 16 disabled and assist them in their ability to 17 lead full lives." 18 Mr. President, this is not an ego 19 trip. This is reality for those less fortunate 20 than ourselves. 21 I vote aye. 22 ACTING PRESIDENT FARLEY: Senator 23 Larkin votes aye. 1 Continue the roll. 2 THE SECRETARY: Senator LaValle. 3 (There was no response.) 4 Senator Leichter. 5 (There was no response.) 6 Senator Levy. 7 (There was no response.) 8 Senator Libous. 9 SENATOR LIBOUS: Aye. 10 THE SECRETARY: Senator Maltese. 11 SENATOR MALTESE: Aye. 12 THE SECRETARY: Senator Marchi. 13 SENATOR MARCHI: Aye. 14 THE SECRETARY: Senator Marino, 15 aye. 16 Senator Markowitz. 17 SENATOR MARKOWITZ: Yes. 18 THE SECRETARY: Senator Mendez, 19 excused. 20 Senator Montgomery. 21 SENATOR MONTGOMERY: Aye. 22 THE SECRETARY: Senator Nolan. 23 (There was no response.) 1 Senator Nozzolio. 2 (There was no response.) 3 Senator Ohrenstein, aye. 4 Senator Onorato. 5 SENATOR ONORATO: Aye. 6 THE SECRETARY: Senator 7 Oppenheimer. 8 SENATOR OPPENHEIMER: Aye. 9 THE SECRETARY: Senator Padavan. 10 SENATOR PADAVAN: Yes. 11 THE SECRETARY: Senator Pataki. 12 (There was no response.) 13 Senator Paterson. 14 (There was no response.) 15 Senator Present. 16 SENATOR PRESENT: Aye. 17 THE SECRETARY: Senator Rath. 18 SENATOR RATH: Aye. 19 THE SECRETARY: Senator Saland. 20 (There was no response.) 21 Senator Santiago. 22 SENATOR SANTIAGO: Yes. 23 THE SECRETARY: Senator Sears. 1 (There was no response.) 2 Senator Seward. 3 SENATOR SEWARD: Aye. 4 THE SECRETARY: Senator Skelos. 5 SENATOR SKELOS: Yes. 6 THE SECRETARY: Senator Smith. 7 SENATOR SMITH: Aye. 8 THE SECRETARY: Senator Solomon. 9 (There was no response.) 10 THE SECRETARY: Senator Spano. 11 SENATOR SPANO: Aye. 12 THE SECRETARY: Senator 13 Stachowski. 14 SENATOR STACHOWSKI: Yes. 15 THE SECRETARY: Senator Stafford. 16 (There was no response.) 17 Senator Stavisky. 18 (There was no response.) 19 Senator Trunzo, excused. 20 Senator Tully. 21 (There was no response.) 22 Senator Velella. 23 (There was no response.) 1 Senator Volker. 2 ACTING PRESIDENT FARLEY: Senator 3 Volker, how do you vote? 4 SENATOR VOLKER: Yes. 5 THE SECRETARY: Senator Waldon, 6 excused. 7 Senator Wright. 8 SENATOR WRIGHT: Aye. 9 ACTING PRESIDENT FARLEY: 10 Absentees. 11 THE SECRETARY: Senator Babbush. 12 (There was no response.) 13 Senator Bruno. 14 SENATOR BRUNO: Yes. 15 THE SECRETARY: Senator Espada, 16 excused. 17 Senator Galiber. 18 (There was no response.) 19 Senator Gonzalez. 20 (There was no response.) 21 Senator Hannon. 22 SENATOR HANNON: Yes. 23 THE SECRETARY: Senator LaValle. 1 (There was no response.) 2 Senator Leichter. 3 (There was no response.) 4 Senator Levy. 5 (There was no response.) 6 Senator Nolan. 7 (There was no response.) 8 Senator Nozzolio. 9 SENATOR NOZZOLIO: Aye. 10 THE SECRETARY: Senator Pataki. 11 (There was no response.) 12 Senator Paterson. 13 (There was no response.) 14 Senator Saland. 15 SENATOR SALAND: Aye. 16 THE SECRETARY: Senator Sears. 17 SENATOR SEARS: Aye. 18 THE SECRETARY: Senator Solomon. 19 (There was no response.) 20 Senator Stafford. 21 (There was no response.) 22 Senator Stavisky. 23 (There was no response.) 1 Senator Tully. 2 (There was no response.) 3 ACTING PRESIDENT FARLEY: 4 Results. 5 THE SECRETARY: Ayes 41, nays 0. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 186, by Senator Cook, Senate Bill Number 2990, 10 an act to amend the Criminal Procedure Law. 11 SENATOR GOLD: Explanation. 12 ACTING PRESIDENT FARLEY: 13 Explanation. Senator Cook. 14 SENATOR COOK: Mr. President, 15 this bill provides that in cases where 16 individuals are charged with certain enumerated 17 crimes and cases where those individuals have 18 previously been incarcerated, convicted on such 19 crime or awaiting trial on another charge for 20 one of the enumerated crimes, that the judge is 21 not permitted to grant bail. 22 A couple of references. I have 23 one statement here. It's noted that 80 percent 1 of all persons convicted of robbery have at 2 least one prior felony arrest, and that more 3 than 2,000 persons arrested in New York City in 4 1976 for new crimes are already wanted under 5 bench warrants issued for absconding from 6 recognizance or bail granted on a prior felony 7 charge. This does not include the number 8 arrested for new crimes before absconder 9 warrants were issued on previous pending cases 10 for the number not yet -- who are not yet 11 apprehended. 12 That statement comes from a 13 report issued February 13th, 1978, by Senator 14 Ohrenstein's office, citing the situation that 15 this attempts to remedy. Another similar type 16 of statement: "Several academic studies on the 17 continuing criminal habits of persons granted 18 pre-trial release revealed startling 19 conclusions. 20 "The Institute for Law and 21 Social Research found that 26 percent of all 22 felonies committed in the District of Columbia 23 were committed by persons on some form of 1 conditional release. Another study by the U.S. 2 Attorney's Office of over 500 indicted robbery 3 defendants, reported a 70 percent re-arrest rate 4 while on pre-trial release. 5 "While property crimes such as 6 burglary evidence the highest recurrence rate, 7 serious crimes against the person are repeated 8 at an alarming rate. Up to 28 percent of all 9 murders, 19 percent of all rapes are committed 10 by persons on conditional release. 11 "For example --" and this is 12 continuing with a quote -- "in my own state of 13 Massachusetts, former Chief Judge Justice Walter 14 McLoughlin, in a speech two and a half years 15 ago, pointed out that 50 percent of all crime in 16 certain Massachusetts committed -- counties were 17 committed by defendants awaiting trial." That 18 is from Senator Edward Kennedy. 19 I think that the case in support 20 of this type of measure is well made by persons 21 other than myself and with that, I would 22 recommend its passage. 23 SENATOR GOLD: Mr. President. 1 ACTING PRESIDENT FARLEY: Senator 2 Gold. 3 SENATOR GOLD: Yeah, this bill 4 which we've had a number of times before, on 5 preventive detention, has been opposed by 6 Senator Dollinger and Galiber and Connor and 7 myself and Leichter, Markowitz, Montgomery 8 Ohrenstein, Paterson, Santiago, Smith and 9 Waldon, and I guess that's it. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 11. This 13 act shall take effect on the 1st day of January. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Those recorded in 18 the negative on Calendar Number 186 are Senators 19 Dollinger, Gold, Markowitz, Montgomery, 20 Ohrenstein, Santiago, Smith and Stavisky. Ayes 21 46, nays 8. 22 ACTING PRESIDENT FARLEY: The 23 bill is passed. 1 Senator Stavisky. 2 SENATOR STAVISKY: Mr. President, 3 without objection, I would like to be recorded 4 in the negative on Calendar 153 previously 5 passed. 6 ACTING PRESIDENT FARLEY: Senator 7 Stavisky will be in the negative on 153, without 8 objection. 9 THE SECRETARY: Calendar Number 10 187, by Senator Lack, Senate Bill Number 3498, 11 an act to amend the Penal Law, in relation to 12 possession and sale of fireworks. 13 SENATOR DOLLINGER: Explanation. 14 ACTING PRESIDENT FARLEY: 15 Explanation. Senator Lack. 16 SENATOR LACK: Thank you, Mr. 17 President. 18 Mr. President, this bill repeals 19 the current provisions with respect to 20 possession of fireworks and would substitute in 21 their place, a multi-pronged amendment to the 22 Penal Law which would establish various 23 classifications of utilization of fireworks 1 which would range from a felony to a Class B 2 misdemeanor. 3 ACTING PRESIDENT FARLEY: Senator 4 Dollinger. 5 SENATOR DOLLINGER: Mr. 6 President, I believe there's an amendment to 7 this bill at the desk. 8 ACTING PRESIDENT FARLEY: We have 9 it here. 10 SENATOR DOLLINGER: Yes, could I 11 waive the reading of the amendment and be heard 12 on the amendment, Mr. President? 13 ACTING PRESIDENT FARLEY: Senator 14 Present, why do you rise? 15 SENATOR PRESENT: Mr. President, 16 on a point of order. 17 Senator Dollinger's amendments to 18 Senator Lack's bill are out of order since it 19 violates Rule 6, Section 4(b), in that it is not 20 germane to the original object of Senator Lack's 21 bill which relates to penalties for fireworks, 22 possession of. 23 SENATOR DOLLINGER: Mr. 1 President. 2 SENATOR PRESENT: Therefore, I 3 ask that you rule Senator Dollinger's amendment 4 out of order. 5 SENATOR DOLLINGER: Mr. 6 President, before the ruling - 7 ACTING PRESIDENT FARLEY: Just a 8 moment, Senator Dollinger. 9 SENATOR DOLLINGER: Point of 10 order then, Mr. President. May I just inquire 11 as to whether the issue of germaneness may be 12 debated prior to the ruling of the Chair? 13 SENATOR GOLD: Yes. 14 ACTING PRESIDENT FARLEY: Go 15 ahead. 16 SENATOR DOLLINGER: Prior to the 17 ruling of the Chair, Mr. President, it seems to 18 me that the amendment which I seek to have 19 appended to this bill, which I think is a good 20 bill by the way, and I'll talk about the bill in 21 general when the amendment has been dealt with 22 but the issue is germaneness, that is, is it 23 relevant? 1 And first of all, this deals with 2 the -- the bill as I understand it, involves a 3 category of what's termed "weapon" and that is a 4 firecracker, fireworks, it says in the sponsor's 5 memo accompanying this bill and I just read it. 6 Current law does little to deter 7 individuals from engaging in the potentially 8 lucrative business of illicit sales of 9 fireworks. The profits from the illegal sale of 10 fireworks can be substantial. Regardless of the 11 fireworks process -- possession, sold, the 12 maximum penalty is a Class B misdemeanor. 13 People are killed or maimed each 14 year by fireworks sold illegally in New York. 15 Under the proposed law, specific possession or 16 sale of fireworks would become more serious. 17 I would simply submit that the 18 amendment which seeks to append assault weapons 19 in the law of the state of New York, you can 20 take the term "assault weapons" and just tie it 21 right to the term "fireworks", just put a little 22 "and" and put the term "assault weapons" and 23 you would have the same exact rationale in 1 support of the assault weapon ban. 2 In addition, Mr. President, this 3 bill involves possession of certain weapons, 4 that is fireworks, penalizes that. It creates 5 new categories in increased penalties. 6 I submit, Mr. President, that all 7 of the provisions of the assault weapon bills 8 that Governor Cuomo has proposed that are 9 contained in this amendment do exactly the same 10 thing. Nothing could be more germane than to 11 amend the Penal Law to restrict access to 12 assault weapons, to permit assault weapons in 13 certain instances. 14 I submit, Mr. President, that 15 this is -- exactly what the firework prohibition 16 is trying to do we're trying to do for something 17 that is far more dangerous, far more deadly than 18 the ban on fireworks. 19 Mr. President, I believe it is 20 germane, and I would think that this -- the 21 order of the chair should be that it is germane 22 and the amendment should be sustained on that 23 basis. 1 ACTING PRESIDENT FARLEY: I thank 2 you, Senator Dollinger, for your persuasive 3 argument but I'm not quite convinced and I rule 4 it's not germane. 5 SENATOR DOLLINGER: I appeal the 6 ruling of the Chair, Mr. President. 7 ACTING PRESIDENT FARLEY: There's 8 a motion to appeal the ruling of the Chair. 9 All in favor of sustaining the 10 Chair will vote aye. 11 (Response of "Aye".) 12 Those in favor of overruling the 13 Chair will vote nay. 14 (Response of "Nay".) 15 ACTING PRESIDENT FARLEY: I think 16 the ayes have it. The chair is sustained. 17 SENATOR DOLLINGER: Mr. 18 President, on the bill. 19 ACTING PRESIDENT FARLEY: On the 20 bill, Senator Dollinger. 21 SENATOR DOLLINGER: I will 22 attempt to be germane. It seems to me, Mr. 23 President, this bill is a good bill. I commend 1 Senator Lack for the bill. I hope it passes. I 2 think it does some very, very good things, but I 3 would simply point out, Mr. President, I'm not 4 aware of anybody stepping on the Long Island 5 Rail Road. I'm not aware of anybody throwing 6 firecrackers at people in New York City or 7 throwing firecrackers at people in the city of 8 Rochester and killing them. 9 With all due respect, this is a 10 good bill. It takes an itty-bitty step in the 11 right direction. Let's get on and do the real 12 bill that moves us completely in the right 13 direction: Restrict access to assault weapons. 14 ACTING PRESIDENT FARLEY: Read 15 the last section. 16 THE SECRETARY: Section 4. This 17 act shall take effect on the 1st day of 18 November. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 54. 23 ACTING PRESIDENT FARLEY: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 180... 4 ACTING PRESIDENT FARLEY: Hold it 5 up for a minute. 6 Senator Montgomery, I'm sorry. 7 SENATOR GOLD: Negative on this 8 bill, on the Lack bill. 9 ACTING PRESIDENT FARLEY: Okay. 10 Senator Montgomery is in the negative on 187. 11 Senator Present. 12 SENATOR PRESENT: Mr. President, 13 there being no further business, I move that we 14 adjourn until -- somebody else going to say 15 something? 16 ACTING PRESIDENT FARLEY: Hold 17 on. 18 SENATOR MONTGOMERY: I have a 19 couple of no votes. 20 Thank you, Mr. President. I 21 would like unanimous consent to be recorded in 22 the negative on Calendars Number 163 -- 1 - 23 153. 1 ACTING PRESIDENT FARLEY: 153. 2 SENATOR MONTGOMERY: And 180. 3 ACTING PRESIDENT FARLEY: And 4 180. 5 Senator Volker? 6 SENATOR MONTGOMERY: Thank you. 7 ACTING PRESIDENT FARLEY: Did 180 8 pass? Yes, it did. 9 Senator Dollinger. 10 SENATOR DOLLINGER: Just on a 11 point of order, Mr. President. Did we do number 12 154? I didn't think we had done that. I just 13 want to make sure. 14 ACTING PRESIDENT FARLEY: No, it 15 did not pass, Senator Dollinger. 16 SENATOR DOLLINGER: Thank you, 17 Mr. President. 18 ACTING PRESIDENT FARLEY: Are 19 there any other motions? 20 (There was no response.) 21 Seeing none, Senator Present. 22 SENATOR PRESENT: Mr. President, 23 there being no further business, I move that we 1 adjourn until Monday, February 28th at 3:00 2 p.m., intervening days to be - 3 ACTING PRESIDENT FARLEY: Hold it 4 up. 5 Senator Present, we've just got a 6 little housekeeping. 7 SENATOR PRESENT: Let's do it. 8 THE SECRETARY: Senator Goodman, 9 from the Committee on Investigations, Taxation 10 and Government Operations, reports the following 11 two bills directly for third reading: 12 Senate Bill Number 6150, by 13 Senator Goodman, an act to amend the Tax Law. 14 And Senate Bill Number 6390, by 15 Senator Larkin, Public officers Law and the 16 Village Law. 17 ACTING PRESIDENT FARLEY: Without 18 objection, reported to third reading. 19 Senator Present. 20 SENATOR PRESENT: Now, Mr. 21 President, there being no further business, I 22 move that we adjourn until Monday, February 23 28th, 3:00 p.m., intervening days to be 1 legislative days. 2 ACTING PRESIDENT FARLEY: The 3 Senate stands adjourned until Monday, the 4 regular hour, 3:00 p.m., intervening legislative 5 days. 6 (Whereupon, at 4:55 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16