Wednesday, May 4, 1994

3195 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 May 4, 1994 11 10:00 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOHN R. KUHL, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 3196 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Senators take your 4 places. Let's all rise and join with me in 5 saying the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT KUHL: We have 9 the very distinguished honor of being joined by 10 Chaplain Richard Camp, who is the chaplain at 11 the military establishment at West Point, and 12 for the invocation. Chaplain Camp. 13 CHAPLAIN CAMP: Let us pray 14 together. 15 We stand tall in these moments to 16 applaud you, O God. You are the creator and 17 sustainer of the universe. In a world uncertain 18 about many things, we pause in this hushed 19 moment of prayer sure of You and Your goodness. 20 We turn to You in our anxiety 21 about the future, about the welfare of our state 22 and our nation and our legacy to our children. 23 Give us wisdom that with Your 3197 1 counsel, we will chart the course in accordance 2 with Your word. And we ask Your guidance upon 3 the men and women who serve here in the affairs 4 of New York State. We remember too before You 5 all those who lead and guide the colleges and 6 the universities of and in New York, and today 7 we pray for the United States Military Academy. 8 May our purpose remain clear, our 9 mission noble and our product standing tall for 10 what's right and good. In Your faithful name we 11 pray. Amen. 12 ACTING PRESIDENT KUHL: Reading 13 of the Journal. 14 THE SECRETARY: In Senate, 15 Tuesday, May 3rd. The Senate pursuant to 16 adjournment, Senator Spano in the Chair upon 17 designation of the Temporary President. Prayer 18 by Bishop Muriel Grant of Brooklyn. The Journal 19 of Monday, May 2nd, was read and approved. On 20 motion, Senate adjourned. 21 THE SECRETARY: Hearing no 22 objection, the Journal stands approved as read. 23 Presentation of petitions. 3198 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Johnson. 9 SENATOR JOHNSON: Mr. President, 10 I've got a motion to make. I don't have the 11 page number right before me, unfortunately, but 12 it is Calendar Number 285, please remove the 13 sponsor's star. 14 ACTING PRESIDENT KUHL: Sponsor's 15 star is removed on Calendar Number 285. 16 Senator Velella. 17 SENATOR VELELLA: Calendar 472, 18 Senate Print 6859-A, would you place a sponsor's 19 star on that bill, please? 20 ACTING PRESIDENT KUHL: Sponsor's 21 star is placed on Calendar Number 482. 22 The Secretary will read some 23 substitutions. 3199 1 THE SECRETARY: On page 5 of 2 today's calendar, Senator Smith moves to 3 discharge the Committee on Cities from Assembly 4 Bill Number 8067-A and substitute it for the 5 Identical Calendar Number 755. 6 THE SECRETARY: Substitution is 7 ordered. 8 THE SECRETARY: On page 6, 9 Senator Levy moves to discharge the Committee on 10 transportation from Assembly Bill Number 9611 11 and substitute it for the Identical Calendar 12 Number 762. 13 ACTING PRESIDENT KUHL: 14 Substitution is ordered. 15 THE SECRETARY: On page 10, 16 Senator Sears moves to discharge the Committee 17 on Consumer Protection from Assembly Bill Number 18 8832-B and substitute it for identical Calendar 19 Number 795. 20 THE SECRETARY: Substitution is 21 ordered. 22 THE SECRETARY: On page 12, 23 Senator Farley moves to discharge the Committee 3200 1 on Local Government from Assembly Bill Number 2 6710 and substitute it for the identical 3 Calendar Number 811. 4 ACTING PRESIDENT KUHL: 5 Substitution is ordered. 6 THE SECRETARY: On page 12, 7 Senator Skelos moves to discharge the Committee 8 on Local Government from Assembly Bill Number 9 8460-A and substitute it for the identical 10 Calendar Number 817. 11 THE SECRETARY: Substitution is 12 ordered. 13 THE SECRETARY: On page 15, 14 Senator Maltese moves to discharge the Committee 15 on Crime Victims, Crime and Correction from 16 Assembly Bill Number 7960 substitute it for the 17 identical Calendar Number 834. 18 ACTING PRESIDENT KUHL: 19 Substitution is ordered. 20 Senator Present. 21 SENATOR PRESENT: Mr. President, 22 would you recognize Senator Larkin, please? 23 ACTING PRESIDENT KUHL: Senator 3201 1 Larkin. 2 SENATOR LARKIN: Mr. President, I 3 believe we have a privileged resolution at the 4 desk. I wish it to be read in its entirety. 5 ACTING PRESIDENT KUHL: The clerk 6 will read. 7 THE SECRETARY: Legislative 8 Resolution, by Senators Larkin, Marino and all 9 members of the Senate, celebrating the 10 establishment of the United States Military 11 Academy at West Point and calling upon Governor 12 Mario M. Cuomo to declare May 4th, 1994 as "West 13 Point Day" in New York State; 14 WHEREAS this legislative body is 15 justly proud to celebrate the establishment of 16 the United States Military Academy at West Point 17 and to call upon Governor Mario M. Cuomo to 18 declare May 4th, 1994 as "West Point Day" in New 19 York State; 20 By an act of Congress on March 21 16th, 1802, the United States Military Academy 22 was established within the borders of New York 23 State on the banks of the Hudson River. 3202 1 The Academy and its graduates are 2 an integral part of the proud history of this 3 state and nation. 4 The leadership and sacrifices of 5 the members of "the Long Grey Line" have helped 6 this country withstand countless threats to our 7 cherished democratic way of life. 8 The alumni has -- have excelled 9 not only on the battle field but in many fields 10 of endeavor. 11 The Academy continues to provide 12 our country with able and dedicated future 13 leaders. 14 Its scenic campus is a mecca each 15 year for thousands of visitors from across our 16 state, continent and other countries. 17 The United States Military 18 Academy is in the forefront of our state's 19 outstanding institutions of higher learning. 20 Forty-five years ago, the late 21 James T. McNamara, then a member of the New York 22 State Assembly and a member of the Academy's 23 class of 1939, was the author of the state 3203 1 Legislature's first West Point Day resolution. 2 For decades, our nation has 3 enjoyed the legacy of freedom, and the United 4 States Military Academy at West Point has played 5 a vitally significant role in the maintenance of 6 peace and freedom. 7 These members of the august 8 chambers are equally as proud to commemorate 9 this event marking "West Point Day" in New York 10 State; now, therefore, be it 11 RESOLVED, that this legislative 12 body pause in its deliberations to celebrate the 13 establishment of the United States Military 14 Academy at West Point and to call upon Governor 15 Mario M. Cuomo to declare May 4th, 1994 as "West 16 Point Day" in New York State; and be it further 17 RESOLVED, that a copy of this 18 resolution, suitably engrossed, be transmitted 19 to Governor Mario M. Cuomo. 20 ACTING PRESIDENT KUHL: Senator 21 Larkin on the resolution. 22 SENATOR LARKIN: Mr. President, 23 on the resolution. It is an honor and privilege 3204 1 to offer this resolution on behalf of the United 2 States Military Academy at West Point. 3 This is a tradition, its 45th 4 year, that we paid the respect and homage that 5 is due to the Academy, its faculty, its staff 6 and most important, its cadets. I want to 7 welcome General Graves, the Superintendent of 8 the United States Military Academy. I'm very 9 proud that you have been able to join with us 10 today, General Graves. 11 General Graves, ladies and 12 gentlemen, is a graduate of the United States 13 Military Academy. He's had a distinguished 14 military career, serving in such famed combat 15 units as the 82nd All American Airborne Division 16 and also the 1st Infantry Division commonly 17 referred to as the "Big Red 1". 18 General Graves has also served in 19 many distinguished posts in the United States as 20 well as abroad, and before assuming his position 21 as Superintendent of the Military Academy, he 22 was the number two man in the Joint Chiefs of 23 Staff working closely with General Powell. In 3205 1 1991, he became the superintendent of the 2 academy. General Graves, it's an honor to 3 welcome you here today. 4 You know, as we look at these 5 young cadets, all of us should take a step back 6 and reflect on their lives, not only of today 7 but what their lives will be in the future. 8 Will it be in Bosnia, will it be in Korea, will 9 it be in Haiti, will it be back to Somalia or 10 where it might be. These are the young people 11 who have taken and will put four years in as a 12 cadet and have a commitment for five years to 13 their country. They will be the individuals, 14 men and women on the front line, whether it is 15 maintaining peace, humanitarian duties and some 16 will eventually leave and lead private 17 corporations and lead segments of government. 18 If you think about the Academy, 19 you think about some of the great leaders that 20 we've had. Just look, Pershing, Eisenhower, 21 Patton, MacArthur, and when you look at the 22 Desert, you think of General Norman 23 Schwartzkopf. 3206 1 These cadets, quite honestly, 2 don't know what the future is, nor do we, but 3 they have accepted the challenge and are willing 4 to do it. We're truly proud of you, not just 5 for being here. What we really want to say to 6 you, is that we're proud that there are men and 7 women and especially those of you, except for 8 the first captain, who happens to come from 9 Texas like the sup', of those of you from New 10 York who thought enough about your life in the 11 future and the fact that you wanted to be a part 12 of something. You are a part of something that 13 stands out. You're a visible sight. You are a 14 sight for America. Two and a half million 15 visitors come to the Point each year and they 16 see you, and when they see you, they see 17 America's finest. 18 Mr. President, I would like to 19 acknowledge those who are here with us today. 20 First, the Superintendent of the United States 21 Military Academy, that is distinguished 22 Superintendent Lieutenant General Howard Graves; 23 the director of public affairs, Lieutenant 3207 1 Colonel Don McGrath from the great county of 2 Nassau; our cadet chaplain who you just heard 3 from, Chaplain Camp; the aide to general Graves, 4 Major Thomas Kassner, and a tactical officer - 5 and for those of you who don't know what a 6 tactical officer is, he's like your father, he 7 runs you day and night -- Captain Woods; and 8 from the public affairs office, Ms. Gascon right 9 here. 10 The cadets that are with us 11 today: Cadet Kristina Sinacori from Pomona, New 12 York, Rockland County. Please stand up as I 13 call your name. Cadet Wang John Hwang from 14 Flushing, New York; Cadet Katharyn Kilbride from 15 Garden City; Cadet Kyle Jette from Amsterdam; 16 Cadet Deidre Spence from Liverpool; Cadet 17 Tiffany Havasy from Scotia; Cadet Bradley 18 Harrison from Briarcliff Manor; Cadet Gregory 19 Yatarola from Dolgeville; Cadet Kristen Carlson 20 from Staten Island; Cadet Adrian Rodriguez from 21 the Bronx, and the leader of the corps of 22 cadets, the first captain, Howard Hoege of 23 Kingwood, Texas. 3208 1 Ladies and gentlemen, the 2 Military Academy at West Point. 3 (Applause.) 4 SENATOR MONTGOMERY: Mr. 5 President. 6 ACTING PRESIDENT KUHL: Senator 7 Montgomery, Senator Larkin still has the floor. 8 SENATOR MONTGOMERY: Oh, I'm 9 sorry. I thought you sat down, Senator. 10 ACTING PRESIDENT KUHL: Senator 11 Marchi indicated a desire to speak. Did you 12 want to speak also on the resolution, Senator 13 Montgomery? 14 SENATOR MONTGOMERY: Yes. 15 ACTING PRESIDENT KUHL: Senator 16 Marchi. 17 SENATOR MARCHI: I'll yield to 18 you first. 19 SENATOR MONTGOMERY: Thank you, 20 Senator Marchi. 21 I'll be very brief. I just 22 wanted to especially compliment this group of 23 cadets because I see there are a number of 3209 1 women, and I think that more than ever, we're 2 going to need those women in the military 3 because the kinds of conflicts that we are 4 experiencing across the world, I think are going 5 to -- it's going to make a difference that we 6 have women there. We saw how important and how 7 significant it was that women were in the most 8 recent -- in our most recent involvement as a 9 military conflict situation, and so I just want 10 to welcome you as a woman who sometimes I feel 11 that I'm also in the military here in the Senate 12 in many ways. We have our own battles to wage 13 as women here, and so I want to reach out to you 14 and say, welcome, congratulations, not to 15 diminish the men but certainly to lift up the 16 fact that we have women there, and I would also 17 like to especially welcome the cadet from 18 Texas. In my other life, I was a Texan, so I'm 19 a New Yorker now, but I love -- I still love 20 Texas. Welcome. Welcome. Welcome. 21 ACTING PRESIDENT KUHL: Senator 22 Marchi. 23 SENATOR MARCHI: Mr. President, 3210 1 Senator Montgomery called our attention to the 2 fact that we now have a term that we can't use 3 anymore, I guess the distaff side in rich 4 measure and, of course, one of them is from the 5 county of Richmond. 6 I was reminded -- I was reminded 7 in observing the Senator's remarks that we have 8 a comparable experience here on this floor with 9 our own bases of operation and our own tactical 10 maneuvers and battles hopefully coming out with 11 products that in some way reflect basic needs 12 and goals and objectives. 13 I remember Senator Brydges who 14 was the Majority Leader of this house many years 15 ago, said that -- quoted Oscar Wilde in 16 describing our own life and is somewhat 17 descriptive of your own, that "He who lives more 18 lives than one more lives then one must die", 19 because you are engaged in a total experience 20 that becomes so much a part of you, that when 21 you leave it or you separate yourself from it, 22 it -- it's a kind of death. On the other hand, 23 it's redeemed completely and given total 3211 1 vindication in the prayer that the chaplain gave 2 us, and that is the moral, the moral and 3 spiritual element that is central to your 4 purpose, central to your motivation, and your 5 role in defending freedom and defending world 6 peace. 7 This is a tremendous responsi 8 bility that you are carrying, and if you keep 9 alive that flame of faith, that spiritual faith 10 that has sustained great leaders and great 11 people that have ever come out of the Academy, 12 whatever their roles, whether they exercised the 13 highest levels of responsibility or intermediate 14 levels, all of them had a profound effect, not 15 only on results which we hope furthered the 16 cause of freedom and peace, but also in 17 regenerating the spirit of mankind, the humanity 18 itself that we are dedicated to this principle 19 and you are active agents in protecting it, 20 shielding it, and ensuring that it remains 21 central to our purpose as a nation and as a 22 people. 23 I'd just like to have my remarks 3212 1 joined with the others that have been made 2 because they certainly -- I address you as a 3 grandfather, not even a father would -- each and 4 every one of you, and in you I see so much hope 5 of what is good and best for this country in the 6 future. 7 ACTING PRESIDENT KUHL: Senator 8 DeFrancisco. 9 SENATOR DeFRANCISCO: I'm very 10 proud to rise and greet Deidre Spence from my 11 district, and I want to speak in a little 12 different vein than what's been said before. 13 You know, unfortunately, what we 14 see and hear most in the media and even on the 15 Senate floor or anywhere you go is all the 16 problems of this world and all the dim future 17 that we had because people don't have 18 responsibility anymore. They don't act 19 responsibly. They don't act with character. 20 They don't act with dignity or just plain 21 sensitivity, and I just met Deidre at 10:00 22 o'clock this morning, and unfortunately, I 23 didn't get a chance to speak with the other 3213 1 cadets, but I'm sure the same can be said for 2 them. 3 You get this great feeling being 4 around them that there is a future for this 5 country, there is a future, that we do have 6 people like this that are disciplined, that are 7 responsible human beings, that are going to help 8 make this country even greater than it is now, 9 so I welcome all of you and congratulate all of 10 you and thank you for coming, in a personal 11 sense that it makes me feel good that maybe we 12 do have the future that I hope we have for my 13 children who happen to be your ages as you sit 14 there today. 15 And thank you and congratu 16 lations. 17 ACTING PRESIDENT KUHL: Senator 18 Wright. 19 SENATOR WRIGHT: Mr. President, I 20 rise to join my colleagues in recognizing West 21 Point and the fine young men and women who have 22 joined us today as cadets. 23 I represent the city of 3214 1 Watertown, Jefferson County area in my district 2 that serves as home to Fort Drum and the 10th 3 Mountain Division, and I hope and know that many 4 of these young men and women will at some time 5 during their military career spend time at that 6 assignment and spend time in my community, and 7 I'm sure they will, as their predecessors have, 8 distinguished the uniform and the nation that 9 they serve and blend in with that community and 10 make it a strong integral part of New York 11 State, and I would remind my colleagues that 12 while we're recognizing West Point today, that 13 it too is not only a military installation in 14 this state that provides certainly our officer 15 corps and the leadership, but it also is an 16 important part of the economy of this state as 17 are the other military installations. 18 It's an important aspect that 19 when we're recognizing these young men and 20 women, we also recognize the Army itself, its 21 involvement in New York State and reinforce New 22 York State's commitment to support the United 23 States Army, the other military services and the 3215 1 important role that they play in this state. 2 Thank you, Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Rath. 5 SENATOR RATH: Thank you. 6 I rise also to say how happy I am 7 to participate in the day with the young cadets 8 from West Point and the former cadets who are 9 now our military leaders at the Point. I'm part 10 of their generation. 11 Quote, "A man who has never lost 12 himself in a cause bigger than himself has 13 missed one of life's mountaintop experiences." 14 I had my staff send that quote to me last week 15 because I thought I might have occasion to use 16 it. I was late and I didn't get a chance to use 17 their quote, but a week ago today we read our 18 resolution in this chamber and adopted it, went 19 to the steps of the Capitol and participated in 20 a 21-gun salute honoring Richard Milhous Nixon. 21 The quote I just read to you is from Former 22 President Nixon. 23 That brings me to something that 3216 1 happened this morning, a memorial for deceased 2 members of the Legislature. All of this is new 3 to me. You have to understand I'm a freshman 4 and so as a freshman, everything I do is a new 5 experience and I'm putting it all together with 6 what I hope will be a mountaintop experience for 7 me some day here in this chamber. The rabbi in 8 that memorial service reminded us of the 9 Thornton Wilder play, "Our Town" and the 10 character Emily. If you haven't read it lately 11 or if you haven't read it at all, I would 12 recommend that you read it because the message 13 from Emily is to remember to live life while you 14 are living it, and you're at the beginning of 15 some very interesting lives, and that play will 16 be -- will speak to you at age 21 or 22. It 17 will speak to you at age 50 because the message 18 is clear. Remember to live life while you are 19 living it. 20 My staff person who sent these 21 quotes to me didn't know what I was going to 22 want and offered me two quotes to use last week 23 had I needed or been able to use those quotes, 3217 1 and I would like to close with the following 2 which was a second quote that was sent to me, 3 and I think that message is also very clear. 4 Quote, "There is something 5 better, if possible, that a man can give than 6 his life; that is his living spirit to a service 7 that is not easy." President Woodrow Wilson. I 8 believe sometimes your service will not be easy, 9 but the spirit in which you live that service 10 will be an honor to all of us and to you all who 11 are doing it so gracefully and with so much good 12 heart and with such high hopes. 13 Thank you for being what you are. 14 ACTING PRESIDENT KUHL: The Chair 15 recognizes Senator Gold. 16 SENATOR GOLD: Thank you, Mr. 17 President. 18 Mr. President, I'm not ashamed to 19 say that I'm old enough to remember some of 20 those great old movies, the "West Point Story" 21 and all of those which were at a time when you 22 see a movie and you didn't have to worry about 23 crazy endings but they were just wonderful 3218 1 stories and you felt great to be an American 2 when you saw these -- these movies. 3 And this is always a good day for 4 us in Albany. I look at these fine young people 5 and understand that with what we are giving 6 them, they unquestionably have an obligation to 7 us. On the other hand, what is really more 8 important is that we in government have a great 9 obligation to you. If you do well, what you are 10 being taught, the skills you are learning turn 11 out to be one of our greatest weapons, if not 12 our greatest weapon. 13 Senator Larkin referred to your 14 accepting the challenge, and obviously by 15 accepting that challenge, it challenges us to 16 keep the world free so that the ultimate 17 sacrifice is not called for by any of you 18 wonderful people, for any American citizen or, 19 indeed, anybody. But your skill and your 20 dedication and your acceptance of that challenge 21 used properly by the citizens in government, 22 keep all of us safe, my family, my children, God 23 willing, some day my grandchildren. 3219 1 So it is with the deepest respect 2 and honor that we have you here today and that 3 you grace our chamber, and I wish the Academy 4 well, and particularly the people who have 5 joined us today. May we all wish you Godspeed. 6 ACTING PRESIDENT KUHL: The Chair 7 recognizes Senator Sears. 8 SENATOR SEARS: Thank you very 9 much, Mr. President. 10 I rise to also greet the 11 contingent of cadets and the General up here 12 today on "West Point Day" and, especially, I 13 would like to recognize Gregory P. Yatarola from 14 Dolgeville which is in my Senatorial District in 15 the 47th Senate District. 16 Many, many great men have come 17 before you, and I'm sure many more will come 18 after your term in the military. I was very 19 fortunate in having served under one of the 20 great generals of the United States of all time 21 in my opinion. I went in with Governor - 22 General MacArthur at Inchon, and I know of his 23 capabilities because I was there to serve with 3220 1 him, and maybe I didn't agree with the final 2 decision on his coming back to the States 3 because I believed as he did that you were in 4 the war to win, and that was the only reason you 5 were there. 6 But I certainly want to commend 7 all of you, General, and all of your cadets and 8 all of the people that you work with because if 9 there's one thing that this country needs today 10 perhaps more than any other time, it's certainly 11 not down-sizing our military. We must maintain 12 a strong military if we're going to be the 13 leader of the world, and for all the work that 14 you do along those lines, I commend you and I 15 welcome you. Godspeed. 16 ACTING PRESIDENT KUHL: The Chair 17 recognizes Senator DiCarlo. 18 SENATOR DiCARLO: Thank you, Mr. 19 President. 20 As chairman of the Veterans 21 Committee, I would like to welcome you here 22 today and say how very proud we are of you. I 23 would also like to make a point to you that I'm 3221 1 sure that it's much easier to get into this 2 body, into the Senate, than it is to get into 3 the Point. So, you've all probably excelled and 4 far surpassed anything that anyone here probably 5 could have attained, so you should be proud of 6 that. 7 I'd also take this opportunity to 8 remind everybody in this chamber, we talk about 9 how proud we are of you now, but I would remind 10 everybody that we should also remember you as 11 you're here today when we deal with affairs of 12 veterans. You've got many years to serve and 13 many years before you to get to that point, but 14 I would remind everybody that we're proud of you 15 now, but we should also be proud of you when you 16 are retired and when you are veterans, and we 17 should always keep that in our minds, and I 18 assure you that many of us here feel that way, 19 that in your active life and when you retire and 20 you're veterans, that we will be here to support 21 you and congratulations. 22 ACTING PRESIDENT KUHL: The Chair 23 recognizes Senator Larkin to close on the 3222 1 resolution. 2 SENATOR LARKIN: Sir -- Mr. 3 President, before I close, I would like to 4 apologize. Cadet Eric McAllister from 5 Cobleskill, please. Senator Cook will give me 6 heck. Thank you very much. 7 Mr. President, my colleagues, 8 again on behalf of all of us, we're honored that 9 you would be here today. We wish you Godspeed. 10 We wish you good luck. We wish you a career as 11 you pursue the finishing of your studies at the 12 Academy and your ensuing five years of commit 13 ment, and we wish that you, as you enter that 14 phase, will look at peace, the symbol that 15 you're working for, because you as strong 16 leaders will help us preserve peace, not only 17 for us here in America but for the world. You 18 are America's finest and we salute you. 19 Thank you, Mr. President. 20 ACTING PRESIDENT KUHL: The 21 question is on the resolution. All those in 22 favor, signify by saying aye. 23 (Response of "Aye".) 3223 1 Opposed? 2 (There was no response.) 3 The resolution is adopted 4 unanimously. 5 General Graves, on behalf of 6 Ralph Marino, the President Pro Tem of the 7 Senate, Senator Larkin and all of the members of 8 the house, we congratulate you on what you do. 9 You do it so well. 10 And thank you for bringing the 11 cadets and your faculty members to share just a 12 bit of yours lives with us. You can see from 13 the outpouring of the members that it's - 14 you're very, very inspirational to us. Thank 15 you for sharing the intellect of the Corps, and 16 certainly their enthusiasm that reassures us for 17 the brightness of America. 18 Thank you for being here. 19 (Applause.) 20 ACTING PRESIDENT KUHL: 21 Senator Present. 22 SENATOR PRESENT: Mr. President, 23 would you recognize Senator Libous? 3224 1 ACTING PRESIDENT KUHL: Senator 2 Libous. 3 SENATOR LIBOUS: Thank you, Mr. 4 President. 5 I have a privileged resolution at 6 the desk, and I waive its reading and ask that 7 just its title be read and be adopted, please. 8 ACTING PRESIDENT KUHL: The clerk 9 will read the title of the special resolution. 10 THE SECRETARY: Legislative 11 Resolution, by Senators Libous and Cook, 12 commending Colchester Holdings, Incorporated 13 upon the occasion of its designation as "New 14 York State's Small Business of the Year". 15 ACTING PRESIDENT KUHL: The 16 question is on the resolution. All those in 17 favor signify by saying aye. 18 (Response of "Aye".) 19 Opposed nay. 20 (There was no response.) 21 The resolution is adopted. 22 Senator Wright. 23 SENATOR WRIGHT: Mr. President, 3225 1 on behalf of Senator Lack, I wish to call up 2 Bill Print Number 6694, recalled from the 3 Assembly which is now at the desk. 4 THE SECRETARY: By Senator Lack, 5 Senate Bill Number 6694, an act to amend the 6 Penal Law, in relation to conditional 7 sentencing. 8 SENATOR WRIGHT: I now move to 9 reconsider the vote by which this bill was 10 passed. 11 ACTING PRESIDENT KUHL: Call the 12 roll on reconsideration. 13 (The Secretary called the roll on 14 reconsideration.) 15 THE SECRETARY: Ayes 45. 16 ACTING PRESIDENT KUHL: The bill 17 is before the house, Senator Wright. 18 SENATOR WRIGHT: Mr. President, I 19 now offer the following amendments. 20 ACTING PRESIDENT KUHL: The 21 amendments are received and adopted. 22 Senator Present. 23 SENATOR PRESENT: Would you 3226 1 recognize Senator Kruger, please? 2 ACTING PRESIDENT KUHL: Senator 3 Kruger. 4 SENATOR KRUGER: Mr. President, I 5 ask for a privileged resolution to be adopted 6 unanimously, Number 3488. I waive its reading. 7 ACTING PRESIDENT KUHL: The 8 resolution is at the desk. The clerk will read 9 the title. 10 THE SECRETARY: Legislative 11 Resolution, paying tribute to Sister Jane 12 Talbot, R.S.M., Adele Millstein, Anthony 13 Giordano, the late John F. Carroll and the 14 Bensonhurst Council of Jewish Organizations. 15 ACTING PRESIDENT KUHL: The 16 question is on the resolution. All those in 17 favor, signify by saying aye. 18 (Response of "Aye".) 19 Opposed nay. 20 (There was no response.) 21 The resolution is adopted. 22 Senator Present. 23 SENATOR PRESENT: Mr. President, 3227 1 let's take up the non-controversial calendar, 2 please. 3 ACTING PRESIDENT KUHL: The clerk 4 will read the non-controversial calendar. 5 THE SECRETARY: On page 27 of 6 today's calendar, Calendar Number 501, by member 7 of the Assembly Lentol, Assembly Bill Number 8 6875-A, Civil Practice Law and Rules and the 9 General Construction Law. 10 ACTING PRESIDENT KUHL: Last 11 section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 47. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 640, by Senator Volker, Senate Bill Number 22 3825-C, an act to amend the Criminal Procedure 23 Law, the Family Court Act and the Penal Law. 3228 1 ACTING PRESIDENT KUHL: Last 2 section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 48. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 659, by Senator Seward, Senate Bill Number 7410, 13 authorizing the State University of New York to 14 lease certain lands. 15 ACTING PRESIDENT KUHL: Last 16 section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 48. 23 ACTING PRESIDENT KUHL: The bill 3229 1 is passed. 2 THE SECRETARY: Calendar Number 3 663, by member of the Assembly Pheffer, Assembly 4 Bill Number 825. 5 SENATOR PRESENT: Lay it aside 6 for the day. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside for the day. 9 THE SECRETARY: Calendar Number 10 670, by Senator DiCarlo, Senate Bill Number 11 6378 - 12 SENATOR DiCARLO: Lay it aside. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 674, by Senator Stafford, Senate Bill Number 17 7538, proposing an amendment to the 18 Constitution, in relation to exchange of certain 19 forest preserve lands. 20 ACTING PRESIDENT KUHL: Last 21 section. Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT KUHL: Senator 3230 1 Gold. 2 SENATOR GOLD: Yeah, I asked 3 Senator Stafford to lay this bill aside 4 yesterday because we have been told that there 5 was a group who wanted to file a memo on it. We 6 have nothing, and I just wanted to thank Senator 7 Stafford again for his courtesy. I vote aye. 8 THE SECRETARY: Ayes 48. 9 ACTING PRESIDENT KUHL: The 10 resolution is adopted. 11 THE SECRETARY: Calendar Number 12 685, by Senator Volker, Senate Bill Number 13 3907-C, an act to amend the Criminal Procedure 14 Law, the Penal Law and the Civil Practice Law 15 and Rules. 16 ACTING PRESIDENT KUHL: Last 17 section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 SENATOR DeFRANCISCO: Explain my 3231 1 vote. 2 ACTING PRESIDENT KUHL: Senator 3 DeFrancisco to explain his vote. 4 SENATOR DeFRANCISCO: On calendar 5 685. 6 ACTING PRESIDENT KUHL: We're on 7 Calendar 685, that's correct, Senator. 8 SENATOR DeFRANCISCO: This is a 9 very extensive bill and it has many, many more 10 good qualities than bad, but I would just like 11 to state for the record, there is a bad quality 12 that I hope gets corrected in the final process 13 in the negotiations and before it becomes law, 14 and that concerns the statute of limitations for 15 civil actions. 16 Basically, the language of the 17 statute of limitations for civil actions is that 18 you can commence a civil action under this 19 statute up to three years from the time of 20 discovery by the injured party of both the 21 injury and the causal relationship between the 22 injury and the childhood sexual abuse, whichever 23 expires later, so it's conceivable that someone 3232 1 who realizes after seeking some treatment or 2 realizes from whatever method or means when 3 they're in their advanced age that something may 4 have happened and they just discovered the 5 causal relationship and then the three years 6 begins to run. I think this is a very bad 7 section, that it's a section that is not needed, 8 and it extends the statute of limitations really 9 to the point of making -- there are no statutes 10 of limitation in these cases, so I would hope 11 that that would be corrected and the statute of 12 limitations with respect to civil actions would 13 be modified in the negotiation process. 14 ACTING PRESIDENT KUHL: How do 15 you vote, Senator DeFrancisco? 16 SENATOR DeFRANCISCO: I vote aye. 17 SENATOR GOLD: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Gold to explain his vote. 20 SENATOR GOLD: With my apologies 21 to everyone, I understand that Senator Galiber 22 may have had a question on this bill. I'm 23 trying to check it out now, and I understand the 3233 1 circumstances -- what? On the other hand, 2 what's the vote? We just took care of the - 3 ACTING PRESIDENT KUHL: Announce 4 the results. 5 THE SECRETARY: Ayes 48. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 689, by Senator Sears, Senate Bill Number 5740, 10 an act to amend the Penal Law. 11 ACTING PRESIDENT KUHL: Last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 48. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 690, by Senator Velella, Senate Bill Number 23 6541-A, an act to amend the Penal Law and the 3234 1 Criminal Procedure Law, in relation to forgery. 2 ACTING PRESIDENT KUHL: Last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 48. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 692, by Senator Maltese, Senate Bill Number 7 - 14 SENATOR GOLD: Lay it aside, 15 please. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside. 18 THE SECRETARY: Calendar Number 19 695, by Senator Volker, Senate Bill Number 7483, 20 an act to amend the Civil Practice Law and 21 Rules, in relation to notice to defaulting 22 party. 23 ACTING PRESIDENT KUHL: Last 3235 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 48. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 697, by Senator Padavan, Senate Bill Number 12 7496, an act to amend the Penal Law and the 13 Administrative Code of the city of New York. 14 SENATOR GOLD: Lay it aside. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 THE SECRETARY: Calendar Number 18 699, by Senator Volker, Senate Bill Number 7574, 19 Crim... 20 SENATOR GOLD: Lay it aside. 21 ACTING PRESIDENT KUHL: Lay the 22 bill aside. 23 THE SECRETARY: Calendar Number 3236 1 706, by Senator Holland, Senate Bill Number 2 6500 - 3 SENATOR GOLD: Lay it aside. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside for the day. 6 THE SECRETARY: Calendar Number 7 708, by Senator Daly, Senate Bill Number 7477 - 8 SENATOR GOLD: Lay it aside, 9 please. 10 SENATOR PRESENT: For the day. 11 PRESIDENT KUHL: Lay the bill 12 aside for the day. 13 THE SECRETARY: Calendar Number 14 711 by Senator Padavan, Senate Bill Number 6784, 15 authorize the commissioner of General Services 16 to sell or lease certain land in Queens County. 17 ACTING PRESIDENT KUHL: Last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 3237 1 THE SECRETARY: Ayes 48. 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 715, by Senator Daly, Senate Bill Number - 6 SENATOR GOLD: Lay it aside. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 717, by Senator Daly, Senate Bill Number 5200 - 11 SENATOR GOLD: Lay it aside. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside. 14 THE SECRETARY: Calendar Number 15 721, by Senator Johnson, Senate Bill Number 16 73... 17 SENATOR JOHNSON: Lay it aside 18 for the day. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside for the day. 21 SENATOR JOHNSON: Also Calendar 22 Number 722. 23 ACTING PRESIDENT KUHL: Calendar 3238 1 Number 722 is laid aside for the day. 2 THE SECRETARY: Calendar Number 3 726, by Senator Seward, Senate Bill Number 5135, 4 an act to amend the Executive Law. 5 ACTING PRESIDENT KUHL: Last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 48. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 727 by - 17 SENATOR GOLD: Lay it aside. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 729, by Senator Farley, Senate Bill Number 1594, 22 an act to amend the Banking Law. 23 ACTING PRESIDENT KUHL: Last 3239 1 section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 SENATOR LEICHTER: Mr. President. 7 ACTING PRESIDENT KUHL: Senator 8 Leichter to explain his vote. 9 SENATOR LEICHTER: I would like 10 to ask to be excused from voting on this bill. 11 ACTING PRESIDENT KUHL: Without 12 objection, so ordered. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 47. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 Senator Present, that completes 22 the non-controversial calendar. 23 SENATOR PRESENT: Mr. President, 3240 1 can we take up the controversial calendar? 2 ACTING PRESIDENT KUHL: The clerk 3 will read the controversial calendar. 4 THE SECRETARY: On page 33, 5 Calendar Number 670, by Senator DiCarlo, Senate 6 Bill Number 6378, an act to amend the General 7 Obligations Law. 8 SENATOR DOLLINGER: Explanation. 9 ACTING PRESIDENT KUHL: Senator 10 DiCarlo, an explanation has been asked for by 11 Senator Dollinger. 12 SENATOR DiCARLO: Yes, Mr. 13 President. 14 Last year there was a highly 15 publicized case which saw a convicted mugger 16 receive a $4.3 million judgment in a civil 17 action against the Transit Authority in New York 18 City and a police officer. It isn't often that 19 such an outcry is heard about such happenings. 20 In the Penal Law there is 21 something called a justification, and when a 22 police officer, while doing his duty, causes 23 injury, justification can be made and criminal 3241 1 liability is put aside. 2 This bill basically says that 3 there is an assumption of risk in a tort action 4 against the police officer or peace officer 5 while doing their job. If they live up to the 6 three elements that are also found in the Penal 7 Law, the elements being that the injury occurred 8 during the course of an arrest or preventing 9 escape from an arrest, the defendant reasonably 10 believed the plaintiff committed an offense and 11 the justification defense would have applied in 12 a criminal prosecution against the defendant for 13 the same conduct. 14 Now, I might like this bill to 15 have reversed what happened last year in the 16 award. The Court of Appeals has spoken to that, 17 and this bill honestly probably would not have 18 changed that verdict, but what this bill says is 19 if a police officer can show that he was 20 justified and followed all three elements, then 21 that that would be an assumption of risk by the 22 plaintiff in a tort action, and that the 23 defendant in a tort liability could use that as 3242 1 he would use it in a criminal case. 2 SENATOR GOLD: Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Gold. 5 SENATOR GOLD: Can I just ask 6 Senator DiCarlo one or two short questions? 7 ACTING PRESIDENT KUHL: Senator 8 DiCarlo, do you yield? 9 SENATOR DiCARLO: Yes. 10 ACTING PRESIDENT KUHL: Senator 11 DiCarlo yields. 12 SENATOR GOLD: Senator, I'm not 13 sure if I misunderstood you. Did you say that 14 if your bill were the law, it would have or may 15 not have changed the result in the Court of 16 Appeals case? 17 SENATOR DiCARLO: Yes, it would 18 still be left up to the jury to decide whether 19 the defendant in this case, the police or peace 20 officer was justified under the same guidelines 21 where we have in the Penal Law, so under the 22 McCummings case if you read the fact pattern in 23 the McCummings case, clearly or not so clearly 3243 1 the police officer shot the mugger, did not see 2 the actual crime take place. The mugger was 3 shot down at the bottom of some steps, and this 4 would be up to the jury to decide whether the 5 assumption existed or not, so would it have 6 applied to the McCummings case? It might have, 7 it might not have, but that would still be up to 8 the jury to decide. This basically just gives 9 the defense, the police officer, something to 10 look at and his attorneys to show a jury and 11 say, "Under criminal law, this is the case. You 12 can use this now under a civil tort action." 13 SENATOR GOLD: If the Senator 14 would yield to one more question. 15 SENATOR DiCARLO: Yes. 16 ACTING PRESIDENT KUHL: The 17 Senator does. 18 SENATOR GOLD: When I started to 19 look at your bill and, of course, I know the 20 case you are talking about, but many of us are 21 very upset with a -- with an investigation going 22 on in Staten Island right now, and the mayor of 23 the city of New York was very clear that no one 3244 1 should pre-judge that situation, and I think 2 people don't want to, but with the advent of the 3 Camcorder, we find now that there are more and 4 more amateur people taking pictures, and we're 5 finding out some things which maybe we don't 6 even want to know but, at any rate, your bill 7 says that the items are (1) the injury sustained 8 by the plaintiff arose in the course of 9 attempting to effectuate the arrest, okay, or in 10 attempting to prevent the escape, that now we 11 get to the second part. The defendant 12 reasonably believed the plaintiff to have 13 committed an offense. 14 Now, that doesn't say, as I read 15 it, that he had to see that the defendant 16 committed any offense, that he just had 17 reasonable cause to believe, which I think is a 18 basis under the law today for a police officer 19 making an arrest, isn't that true, sir? 20 SENATOR DiCARLO: Yes, that is 21 correct. 22 SENATOR GOLD: Yeah, so that is 23 -- that is just -- I want to be clear what 3245 1 we're doing. That merely restates the law. 2 We're saying, if you got a police officer and 3 he's trying to make an arrest which that's what 4 we have them there for, and he's making it 5 because he has reasonable belief that the 6 defendant committed an offense, and again, that 7 is the law. Then we get "and", and this is 8 where we are. "The actions of the defendant --" 9 meaning the police officer "-- were such that in 10 any criminal prosecution against that police 11 officer, the defense of justification would have 12 applied", am I right? 13 SENATOR DiCARLO: Correct. 14 SENATOR GOLD: Senator, what I 15 don't understand, I think -- I thought and I may 16 be wrong, that that is basically the law today. 17 SENATOR DiCARLO: That is the law 18 but that, as the law stands now, only applies in 19 criminal cases in the Penal Law. That does not 20 presently apply in a civil tort action. We're 21 basically saying that if this law can be applied 22 in a criminal case, that it should also be a 23 defense in a civil case. 3246 1 SENATOR GOLD: That's what I'm 2 getting at. 3 SENATOR DiCARLO: So we're taking 4 the law in the criminal case and we're making it 5 good in a civil action. 6 SENATOR GOLD: Senator, I must 7 say, so far I'm not offended by your language at 8 all. What I'm trying to find out is -- and 9 perhaps this would make it easier for us. The 10 court -- did the Court of Appeals say, Senator 11 DiCarlo, that if it was a police officer with 12 reasonable belief and if he used the proper 13 force and it was all reasonable, et cetera, that 14 that is not a civil defense today? 15 SENATOR DiCARLO: My under 16 standing in the Court of Appeals ruling that 17 this does not apply in a civil action, and that 18 is from the Court of Appeals decision. Thus, we 19 find it necessary to put it on the book so it 20 can be used as a legitimate defense. 21 SENATOR GOLD: Thank you, Senator 22 DiCarlo. 23 ACTING PRESIDENT KUHL: Senator 3247 1 Dollinger, on the bill. 2 SENATOR DOLLINGER: Mr. 3 President, on the bill. 4 I think Senator DiCarlo's 5 observation about whether the defense of 6 justification would apply in this instance is 7 correct. Based on the facts as I know them in 8 this case -- and I'm going to read just a 9 summary of those facts so everybody 10 understands. I think that the reaction in New 11 York State has been this has been an outrageous 12 verdict, but I think when you look at the facts 13 in a little greater detail, you understand why 14 the defense of justification, that at least in 15 my understanding in the trial court was 16 presented to the jury was nonetheless rejected 17 by the jury and the court found in favor of the 18 plaintiff. 19 The plaintiff in the civil action 20 against the Transit Authority, McCummings, 21 admitted that he was engaged in robbing and 22 beating a victim but claimed that after being 23 alerted by his lookout in this robbery, he broke 3248 1 off the assault and fled down the other 2 staircase in the opposite direction. He stated 3 that he was some 17 to 20 feet away from Officer 4 Rodriguez when he was shot in the back. The 5 plaintiff denied that he ever lunged at the 6 officer. McCummings denied that the claim made 7 by Rodriguez, the officer, was that McCummings 8 had lunged at him while he was trying to 9 effectuate an escape. The plaintiff denied 10 that. 11 The plaintiff's medical expert 12 testified that McCummings' spinal cord was 13 immediately transected by the bullet, and that 14 he instantly lost all weight-bearing capability, 15 and since he was found at the bottom of the 16 stairs, that's where he was shot. Now, it's 17 undisputed that he was shot in the back. The 18 defendant, the Transit Authority, offered no 19 credible medical evidence to the contrary. 20 Officer Rodriguez asserted that 21 despite the plaintiff's wounds, the plaintiff 22 was able to run down the staircase before 23 collapsing. The officer's version is that "He 3249 1 lunged at me, I shot him. He ran away and fell, 2 collapsed to the bottom of the stairs." 3 On the direct examination of 4 Officer Rodriguez, the jury heard him testify 5 about three prior incidents involving the use of 6 his firearm. The shootings were found to be 7 justified by the Transit Authority. Officer 8 Rodriguez twice before had shot at fleeing 9 suspects and missed, the first time firing 10 twice, the last time he emptied his entire 11 revolver. On another occasion, Officer 12 Rodriguez had shot and killed this stray dog 13 which apparently was rummaging through a garbage 14 can on the Transit Authority property. 15 The defense of justification was 16 presented to the jury. The jury rejected it and 17 bought the version of the plaintiff who had been 18 incarcerated for three years as a result of 19 having been convicted of the robbery and found 20 that excessive force had been used against him, 21 and consequently the Transit Authority was 22 responsible for $2.5 million in damages. 23 From my point of view, the facts 3250 1 of this case are such that even had the law that 2 we're about to pass been in effect, if the jury 3 had believed that the victim was 17 to 20 feet 4 away from the officer and running away when the 5 officer shot him in the back, this law would not 6 change that conclusion. It wouldn't change 7 McCummings. 8 So, as I see Senator DiCarlo's 9 proposal, it would enshrine the justification of 10 defense into law, but it wouldn't go quite far 11 enough to accomplish the goal of providing 12 victim -- the victim with some possibility of 13 relief because I think the key thing here is 14 that while McCummings is awarded $2.5 million in 15 damages from the Transit Authority for the 16 injuries he sustained because the officer used 17 executive force, the person who was involved in 18 the original mugging, Sandusky who's on the 19 floor having been beaten up and robbed, he 20 doesn't have the ability to get access to those 21 funds to what some people interrupt as a 22 windfall, other people would interpret as 23 compensation for damages. 3251 1 That's why, Mr. President, I have 2 at the table an amendment to this bill, an 3 amendment which would do two things if - 4 SENATOR GOLD: Mr. President. 5 SENATOR DOLLINGER: Okay, I'll 6 pause for a second. 7 ACTING PRESIDENT KUHL: Senator 8 Dollinger wishes to offer up an amendment? 9 SENATOR DOLLINGER: Yes, I 10 believe there's an amendment at the desk. 11 ACTING PRESIDENT KUHL: Do you 12 have two, I understand? Could you tell the desk 13 which one you wish to take up first? 14 SENATOR DOLLINGER: Well, in the 15 interest of time -- if I can pause one moment, 16 Mr. President? 17 ACTING PRESIDENT KUHL: 18 Certainly. 19 SENATOR DOLLINGER: Number 2. 20 ACTING PRESIDENT KUHL: We're 21 going to proceed with amendment number 2? 22 SENATOR DOLLINGER: Yes. 23 ACTING PRESIDENT KUHL: All 3252 1 right. There's an amendment at the desk. The 2 clerk will read -- you're going to waive the 3 reading? 4 SENATOR DOLLINGER: Waive the 5 reading of the amendment, Mr. President. I'll 6 explain the amendment briefly. 7 ACTING PRESIDENT KUHL: Fine. 8 SENATOR DOLLINGER: This is an 9 idea -- this amendment incorporates two items. 10 ACTING PRESIDENT KUHL: Senator 11 Present. Excuse me, Senator Dollinger. 12 Senator Present - 13 SENATOR PRESENT: Mr. President. 14 ACTING PRESIDENT KUHL: -- why do 15 you rise? 16 SENATOR PRESENT: We have 17 reviewed Senator Dollinger's proposed 18 amendment. I would like to make a point of 19 order. Senator Dollinger's amendment to Senator 20 DiCarlo's bill is out of order since it violates 21 Rule VI, Section 4(b) in that it is not germane 22 to the original object or purpose of Senator 23 DiCarlo's bill. Senator Dollinger's amendment 3253 1 consists of proposed changes to provisions of 2 the Executive Law which are not consistent or 3 germane with Senator DiCarlo's bill. 4 Therefore, I'd ask that you rule 5 Senator Dollinger's proposed amendment being out 6 of order. 7 ACTING PRESIDENT KUHL: Senator 8 Dollinger, I have -- knowing that your amend 9 ments were being prepared and were going to be 10 offered up -- reviewed it. I'm aware of Senator 11 Present's objection. Having reviewed the rules 12 of this chamber would suggest that Senator 13 Present's objection is well taken and would rule 14 your amendment not germane and out of order. 15 SENATOR DOLLINGER: Mr. Presi 16 dent, can I appeal the ruling of the Chair and 17 be heard on the issue? 18 ACTING PRESIDENT KUHL: That you 19 can. 20 Senator Dollinger, on the appeal 21 of the ruling of the Chair. 22 SENATOR DOLLINGER: The amendment 23 that's before the house currently does, in my 3254 1 judgment, the one thing that Senator DiCarlo's 2 bill -- and I am prepared to vote in favor of 3 that bill -- in enshrining into the statutory 4 law of this state, a principle that says munici 5 palities can be insulated from liability, civil 6 liability, in instances in which the justi 7 fication of defense is proven to the 8 satisfaction of the jury. That would immunize 9 the municipalities, the agencies and authorities 10 that are acting in the function of the police 11 power, would immunize them from tort liability. 12 But it seems to me that the other 13 step that Senator DiCarlo's bill doesn't take is 14 a step that's been advocated by Senator Jones in 15 Monroe County, by many of us for crime victims, 16 and that's to do two things. One is to open up 17 the door and expand the definition of the 18 profits of a crime in the Son of Sam Law, which 19 is Senator Jones' bill, to include compensation, 20 compensatory damages or punitive damages that 21 are obtained by a perpetrator of a crime during 22 the course of a crime or an attempted escape. 23 That would expand the definition of profits of a 3255 1 crime to include another category which would be 2 available for the crime victim to recover 3 against. 4 The other thing that this 5 amendment does which is again, I think, germane 6 to the issue of crime victims and what tort 7 liability flows from crime victims either 8 immunizing municipalities or extending tort 9 liability so that there would be available funds 10 for the victim of the crime, Mr. Sandusky, the 11 man who's left on the floor, who's been robbed 12 and beaten in this case, would be to extend the 13 statute of limitations, and it relates directly 14 to the McCummings issue because under 15 McCummings, it appears as though Mr. Sandusky, 16 who now may have the ability to have a claim 17 against Mr. Cummings because he's now received a 18 substantial amount of money for his compensatory 19 damages, the statute of limitations may have 20 expired and cut off his ability to recover. 21 So, what the amendment does in 22 respect to the statute of limitations is it 23 extends it three years, not only from the period 3256 1 of time that the funds are supposedly available, 2 which is the current ruling under the Son of Sam 3 Law, but extends it three years from the time 4 that either a judgment is entered in favor of 5 the perpetrator of the crime or three years 6 after a final appealable order -- non-appealable 7 order is issued by a court on appeal. 8 We would extend the statute of 9 limitations so we don't put Mr. Sandusky in a 10 position where he's got to make that judgment 11 immediately upon when the funds are, quote, 12 "available". It would extend the period of 13 time. It would open up the possibility for 14 victims of crimes to be able to recover when 15 their perpetrators have recovered tort damages. 16 I look at this as an outgrowth of 17 the exact same issues present in the McCummings 18 case. It's something that I know Senator Jones 19 and others have worked on. It's an issue that I 20 think is ripe for a complete resolution, not a 21 partial resolution by simply immunizing the 22 municipalities, but by making available to crime 23 victims in what I believe is a germane approach 3257 1 to the whole issue, the series of issues raised 2 in the McCummings case is to make greater 3 opportunities available for crime victims, the 4 people who are injured by the perpetrator to be 5 able to recover damages. 6 So, I'm disappointed that the 7 majority doesn't see the linkage in what I 8 believe is the -- not only the relevancy but the 9 direct germaneness of providing crime victims 10 with recovery while we're immunizing munici 11 palities from tort liability, so I dispute the 12 determination that it's germane. 13 I would ask my colleagues to vote 14 in favor of overturning the ruling of the Chair 15 on the issue with respect to germaneness. 16 ACTING PRESIDENT KUHL: Senator 17 Leichter, you have a question on the - 18 SENATOR LEICHTER: Yes, yeah, Mr. 19 President. On the issue of your ruling, and 20 what I really want to do is to try to clarify it 21 in my own mind, get an understanding. I would 22 like to ask Senator DiCarlo if he would be so 23 good as to yield, and I want to preface it by 3258 1 saying that I have very fond memories, Senator, 2 of debating your father and, as you know, people 3 who served here with him. He was one of the 4 most able debaters that this Legislature has 5 seen, at least in modern times. It was a great 6 pleasure to serve with him. The other thing I 7 remember was his openmindedness and his 8 fairness. 9 SENATOR DiCARLO: You didn't know 10 him. 11 SENATOR LEICHTER: And I know the 12 -- I know the fruit never falls far from the 13 tree, so we'll expect that same sort of approach 14 from you but, Senator, if you would be so kind 15 as to yield to a question. 16 ACTING PRESIDENT KUHL: Senator 17 DiCarlo, do you yield to Senator Leichter? The 18 Senator yields. 19 SENATOR LEICHTER: Yeah, I 20 supported your bill in committee, but it does 21 seem to me that the good Senator from Monroe 22 County, Senator Dollinger, really raised a very 23 good point and one that I think would make your 3259 1 bill an even better bill, which is that in those 2 instances where the jury should reject the 3 defense of justification, and we find that 4 someone who had broken the law nevertheless now 5 finds himself the beneficiary, if you will, of a 6 jury's largesse, why shouldn't the crime victim 7 at least have an opportunity to share in that? 8 The example in this case is that Mr. Sandusky, 9 the victim who was left bleeding on the subway 10 platform, shouldn't he now recover from Mr. 11 Cummings? 12 I guess we can't make this 13 retroactive, but if such a situation arises in 14 the future, my question to you is, why not 15 accept the amendment and amend your bill, bring 16 it back in three, four days, have it pass 17 unanimously. It will be a better bill, and 18 that's really my question to you. We can forget 19 all of the parliamentary debates, and so on. 20 SENATOR DiCARLO: Senator -- Mr. 21 President. First let me thank you for the kind 22 words about my father. 23 SENATOR LEICHTER: And you. 3260 1 SENATOR DiCARLO: Thank you. And 2 let me just assure you that I am no match for my 3 father in debating skills as will probably be 4 seen during the course of the session. 5 I happen to -- I'm pleased that 6 you support my legislation, and I like the bill 7 as it is presently. I think it's such an 8 important issue that we pass this in both houses 9 right now and it becomes law, that I think that 10 the form that my bill is in is the way I want to 11 see it go through. 12 I listened to Senator Dollinger 13 and I can understand his position, and his 14 position seems to make sense but not as pertains 15 to my legislation. I would be very happy to 16 look at Senator Dollinger's bill or Senator 17 Jones' bill as pertains to this, and I could see 18 myself being supportive of such legislation, but 19 for today, and for my legislation and for what I 20 want my legislation to do, I think that the 21 Senator's amendment doesn't fit what I'm looking 22 to do at this point, but again, it has merit, as 23 far as I'm concerned, as a bill and I would look 3261 1 at it. 2 SENATOR LEICHTER: Well -- Mr. - 3 ACTING PRESIDENT KUHL: Senator 4 Leichter, are you asking Senator DiCarlo to 5 continue to yield? 6 SENATOR LEICHTER: No, I - 7 ACTING PRESIDENT KUHL: Senator 8 Leichter, on the bill. 9 SENATOR LEICHTER: I just wanted 10 -- I think on the ruling. 11 ACTING PRESIDENT KUHL: On the 12 ruling, right. It's hard to tell from your 13 question, Senator, but continue, please. 14 SENATOR LEICHTER: Thank you, Mr. 15 President. 16 I'm disappointed that, you know, 17 once again we find, even by a new member and one 18 with such an illustrious name, this same ap 19 proach that anything that the Majority brings to 20 the floor is so perfect, it cannot be improved 21 upon, and as we saw yesterday, even when it 22 appears not to be perfect, it never needs to be 23 justified. I think that's unfortunate, but I 3262 1 have difficulty in understanding your ruling, 2 Mr. President, and I know how fair and 3 openminded you are, sir, and -- but why can we 4 not -- taking a bill that addresses itself to 5 the issue of municipal liability where an 6 officer of that municipality takes an action 7 which that officer may consider justified, or 8 the issue is presented to the jury, why can we 9 not also deal with the -- one of the 10 consequences of where the jury finds the justi 11 fication doesn't exist? We got a crime victim, 12 a crime victim that should be compensated. Why 13 rely on the super technicality, which I don't 14 think is correctly applied in this instance? I 15 have difficulty in understanding why the 16 Majority would try to keep this bill or this 17 amendment from coming up. 18 Mr. President, I suggest to you 19 that if you take a look at the purpose of the 20 amendment, it certainly fits into the purpose of 21 the bill to the overall structure of the bill 22 and should be -- should be properly before us. 23 As I -- as I further said, it should be accepted 3263 1 by the Majority but certainly to keep us from 2 even considering it on, I think, a misplaced 3 techni- cality, I think is unfortunate. 4 ACTING PRESIDENT KUHL: Senator 5 Jones. 6 SENATOR JONES: Yes, I would like 7 to speak on the ruling. I guess -- I certainly 8 understand that perhaps mace and assault rifles 9 are stretching it a bit, but I guess I'm really 10 confused as to why these do not relate. 11 I'm very, you know, supportive of 12 Senator DiCarlo's bill. I myself am not a 13 lawyer so I really did not approach the same 14 situation, although I was greatly outraged as 15 you were. I definitely looked just at the 16 victim and the victim's rights, and the victim 17 basically ending up with no rights in this 18 outrageous settlement that left the victim as 19 Senator Dollinger described him. 20 I did submit a bill that would 21 help the victim gain something, add a clause to 22 the Son of Sam Law that would have helped the 23 victim recover perhaps some of these damages. 3264 1 I did hear Senator DiCarlo, I 2 believe, say that he's not sure that his bill 3 would enable the jury to decide against the 4 person, actually the criminal in this case, so I 5 guess I think what Senator Dollinger is 6 proposing to amend this -- I certainly feel it's 7 germane. We're all talking about the same issue 8 here and I think if we combine these two, and 9 I'm pleased to hear Senator DiCarlo say that he 10 is willing to look at them, but I think we have 11 them here now and I think it makes sense that it 12 is germane, and we should be dealing with it as 13 a package that will perhaps help both the victim 14 and solve all of the problems that we're trying 15 to address here. 16 ACTING PRESIDENT KUHL: Senator 17 Gold, on the appeal of the ruling of the Chair. 18 SENATOR GOLD: Mr. President, the 19 subject very dear and near my heart since I 20 offered the original Son of Sam Law and carried 21 the amendment that we passed to redo the law 22 just a couple of years ago, and I would like to 23 remind the members, particularly on the other 3265 1 side of the aisle, that when we put in our new 2 Son of Sam Law, which was done the same way I 3 did the first one, with bipartisan sponsorship 4 in this house, we had a larger statute of 5 limitations than the final bill. It was the 6 Assembly that whittled it down. As a matter of 7 fact, the individual responsible for that was 8 nominated for a judgeship and I was one of the 9 few people that voted no, I was so incensed, but 10 the point is we wanted to go a longer way, "we" 11 meaning the Senate, to make sure that a victim 12 was taken care of before a criminal. 13 Now, with the Governor's help, we 14 wound up with a law, the new Son of Sam Law, 15 which I think is still a great model for the 16 nation, but there are many of us, including 17 Senator Jones and Senator Dollinger and people 18 on your side of the aisle, who want to, on a 19 continuing basis, make sure as we find out about 20 loopholes that we cut into those loopholes. 21 Now, I can tell you, I know 22 something about the McCummings case, and I do 23 know that Mr. Sandusky has filed a suit. I'm 3266 1 not sure exactly where that is, but under one of 2 the provisions of Son of Sam, he may be able to 3 get in because the statute hasn't run, but the 4 Jones proposal and the Dollinger proposals are 5 just good proposals, that in the normal course 6 of business in the New York State Senate, should 7 be grabbed up. 8 Now, we really ought to cut it 9 out. I will pay for the phone call, if each 10 member of the Republican Party in this house 11 wants to call your colleagues in Washington and 12 find out whether or not Republican Congressmen 13 are allowed to offer amendments, and whether or 14 not they don't, in fact, do amendments and 15 whatever. This business just really has to 16 stop. 17 Senator DiCarlo, I read your bill 18 and I don't have any problems. I think you're 19 doing a good thing. I think that the way you've 20 structured it, officers who violate the law, 21 such as happened in California and may have 22 happened in Staten Island, I don't know, will 23 certainly be held accountable and your law won't 3267 1 touch that and I'm glad of that and I can 2 support it but, Senator DiCarlo, you have a 3 chance today to take a giant step. If this 4 amendment prevails, the way I understand it, 5 this bill will come back as 6378-A, introduced 6 by Senator DiCarlo. Nobody's taking away your 7 name off that bill as the major sponsor. 8 Senator Skelos and Bruno will still be -- have 9 their names on this bill, except that now you 10 can say we not only took care of the situation 11 with the police officer but we made sure that 12 the Son of Sam provisions are expanded or 13 clarified to help crime victims. 14 I know you don't take advice from 15 me, but if I were Senator DiCarlo, it's a win 16 win situation. When the Governor signs it into 17 law, the pen certificate will say "Senator 18 DiCarlo". It will hang in your office, not 19 mine, but we can do it better, and we really are 20 making such an error. I mean, there are a lot 21 of votes that happen around here that people 22 suggest are political and yesterday's absurd 23 bill to try to make it look like some people 3268 1 aren't ready to clamp down on welfare cheats. 2 That's so silly. 3 But, Senator DiCarlo, I mean, are 4 we now supposed to run around and say, "My God, 5 Republicans don't even care about crime 6 victims." Here's an opportunity to make sure 7 that this money stayed away from crime victims 8 and they wouldn't let it come at -- I mean, we 9 ought to -- we really ought to stop this 10 business. 11 I think, Senator DiCarlo, that 12 Senator Dollinger and Senator Jones have really 13 given you an opportunity and you ought to grab 14 it. When the bill comes out and we pass it and 15 it becomes a law, your newsletter will tell your 16 constituents that that pen certificate is not 17 only going to protect police officers where they 18 should be protected but helps crime victims. 19 What can be better than that? I think you 20 gentlemen and lady are making a big mistake. I 21 hope you would see the logic to this and vote 22 against the ruling of the Chair. 23 ACTING PRESIDENT KUHL: Senator 3269 1 DiCarlo. 2 SENATOR DiCARLO: Mr. President, 3 just in brief to answer somebody who I respect 4 very much, Senator Gold. I find it -- I agree 5 with the ruling of the Chair, that this is not 6 germane, but what I find most disturbing is an 7 accusation which I find very disingenuous about 8 not speaking to colleagues. I heard a debate 9 here yesterday where the opposition on the other 10 side was arguing against one of my colleagues 11 and saying how they were appalled by the fact 12 that they had -- didn't get answers to a bill 13 that was being voted on here, and there was 14 waving of arms and there was loud voices being 15 heard in this chamber. 16 I find it disingenuous now that 17 people come to me and say, "Well, we have a 18 great amendment and we would like you to tack it 19 on to your bill", when I never saw the 20 amendment. Not only have I never seen the 21 amendment, but I never got a call from the 22 Senators on the other side of the aisle saying 23 they have a great idea. Never asked me about it 3270 1 and now they come before this body and they say 2 that we're doing something that we should not be 3 doing, I find it to be, again disingenuous, and, 4 you know, I am always there for a phone call 5 from a colleague, but the Senators who spoke on 6 their amendment never bothered to call me, never 7 bothered to show me an amendment, and if they're 8 going to complain about not getting information 9 and they're being asked to vote on a bill 10 yesterday, I find it interesting they can come 11 here today asking me to support an amendment 12 that I've never even seen or received a phone 13 call on. 14 SENATOR GOLD: Would the Senator 15 yield to just one question? 16 ACTING PRESIDENT KUHL: Senator 17 Gold is asking Senator DiCarlo to yield. 18 Senator DiCarlo, would you yield? 19 SENATOR GOLD: Senator DiCarlo, 20 I'm told that the amendment was actually -- in 21 order to make an amendment, you know, it must be 22 served. I'm told that it was served upon your 23 office yesterday. Certainly the language is 3271 1 only about six lines. Is that true or not? 2 Just so that I know. I didn't do the serving. 3 SENATOR DiCARLO: I never saw it 4 and, as a matter of fact, this bill came before 5 the Senate yesterday, and at that point I was 6 told while the bill was being ready to be 7 debated, that an amendment was put up to the 8 desk, so I never saw it before the time of the 9 debate and I have yet to see it. No, nothing 10 has been served on my office and I never 11 received anything. 12 SENATOR GOLD: Well, if the 13 Senator would yield. 14 SENATOR DiCARLO: Yes. 15 ACTING PRESIDENT KUHL: Senator 16 DiCarlo? The Senator continues to yield, 17 Senator Gold. 18 SENATOR GOLD: Senator, while I 19 might have some sympathy with what you said, I 20 mean, if the amendment was filed yesterday, you 21 knew there was an amendment. It's a short one. 22 This isn't a 40-page, 80-page, 200-page budget 23 bill. I mean, it certainly is something that 3272 1 you were aware of in that sense but, Senator, 2 perhaps -- let me put it to you this way. This 3 bill will not become a law in the next four 4 minutes. Maybe what we should do -- and I'm not 5 making the motion, Senator. Maybe there is some 6 legitimacy to what you said, I don't know. 7 Maybe we should put the bill aside, and I'll buy 8 coffee for you and Senator Dollinger and Senator 9 Jones, and we'll take a look and see whether or 10 not, in fact, you can be the lead sponsor of 11 this bill in a better condition. If you haven't 12 had the chance to see it and if that is so, then 13 I think that's something that can be 14 accommodated. We are not going out of session 15 tonight for the year, and we have time to do it 16 right. 17 SENATOR DiCARLO: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 DiCarlo. 20 SENATOR DiCARLO: I've stated 21 before and I'll say it again, I happen to 22 believe that my bill is in the form that it 23 should be, and this is the bill that I want to 3273 1 see passed. I agree with the Chair on his 2 ruling on it being germane. 3 My point that I raised earlier 4 was that, again, I found it interesting after 5 what went on here yesterday with Senator 6 Nozzolio's bill, with the outrage that was heard 7 in this chamber where some people on that side 8 said they didn't get some answers to questions, 9 and how could they vote on a bill, but with my 10 legislation and my bill, for it to have happened 11 the way it happened and say that I'm not willing 12 to look at something that might be better for my 13 bill, I think is just an outright lie. 14 Now, I never saw the amendment. 15 I've read it since. I still believe that it's 16 not germane to my bill, and I would prefer to 17 pass my bill, but when people on the other side 18 of the aisle start talking about how we're not 19 being fair, I find it a little bit outrageous, 20 because I did not get prior warning or a chance 21 to see this -- this amendment before my bill 22 came forward, and that's the only thing I'm 23 saying. I don't want -- and I've said it 3274 1 before, my bill is the way I want it to be. I 2 agree with the ruling of the Chair, but I just 3 find it strange how one thing is outrageous, and 4 then when it's done on the other side of the 5 aisle, that's fine. 6 ACTING PRESIDENT KUHL: Senator 7 Dollinger. 8 SENATOR DOLLINGER: Mr. 9 President, I want to reiterate that I do think 10 this is germane, and I appreciate Senator 11 DiCarlo's comments but, quite frankly, one of my 12 great frustrations about working in this chamber 13 is that we have rules and regulations that are 14 made by the Chair. They're promulgated by the 15 35, 36 members -- 35 members sitting on the 16 other side of the table. There's nothing in the 17 rules that require that I serve those on you, 18 nothing. I'm playing by the rules. I don't 19 control the calendar. I don't decide when this 20 bill comes up. You do that. I play by the 21 rules that you've set. I haven't violated any 22 rules, and I apologize if I offended you from a 23 courtesy point of view. I apologize for that. 3275 1 I have submitted amendments on 2 bills when I was the ranking member of Senator 3 Wright's committee, when I was the ranking 4 member of Senator Libous' committee. I've 5 submitted amendments to committee. I haven't 6 seen those amendments come up. I haven't seen 7 those bills come up. But there's nothing in the 8 rules that you set that require that I do that. 9 If you want to change the rules that require 10 that I have to give you notice and serve them on 11 you, I will do that, Senator, but I think it's a 12 little bit disturbing to me to say, "Gee, 13 Senator Dollinger, you didn't play by the rules 14 when you submitted this amendment", when to the 15 best I can tell, I did, I certainly tried to. 16 I apologize, Senator. In the 17 future when I propose an amendment -- and I'm 18 going to propose lots of amendments because I 19 think there are lots of things we can do better 20 in this chamber, when I propose that amendment, 21 I will take it upon myself, although not 22 required as I understand it by the rules of this 23 chamber, I will attempt to serve it on the 3276 1 member and the sponsor of the bill. 2 One thing I do know -- and this I 3 agree with Senator Gold on. I know I'll never 4 have to serve anybody on this side of the 5 chamber, because the unwritten rule in this 6 chamber is that no matter what comes from this 7 side of the chamber, no matter how we try to 8 attend to the problem, not only in munici 9 palities but the Sanduskys who are left on the 10 floor, who are the victims of crime, obviously 11 that part of the chamber says "We're going to 12 deal with just the municipalities. We'll leave 13 Sandusky to a later day", but Senator Gold 14 points out one very good thing. He may not have 15 a later day because his lawsuit may be dismissed 16 by failure to comply with the statute of 17 limitations, and if you think there was an 18 outcry when the McCummings case came down 19 because there was a huge judgment rendered 20 against a municipality, think of the outcry when 21 he, Sandusky is thrown out of the court because 22 of a technicality called the statute of 23 limitations and the Senate wouldn't pass the 3277 1 bill because it was sponsored by Mary Ellen 2 Jones. Explain that to your constituents in 3 your newsletter. 4 ACTING PRESIDENT KUHL: Senator 5 Waldon. 6 SENATOR WALDON: Thank you, Mr. 7 President. 8 I didn't intend to speak on this 9 at all, but Senator Dollinger has inspired me to 10 take a little different tact, simply because 11 there are people represented on this side of the 12 aisle who are covered under the Voting Rights 13 Act of the federal government and who, because 14 we are not allowed to submit legislation to 15 protect the interests of our people as just 16 spoken to with McCummings, we are, in fact, 17 disenfranchised and, therefore, I as an African 18 American Senator, cannot come here and really 19 facilitate the interest of African-Americans, 20 Puerto Rican-Americans and other minority people 21 in our districts because the actions of the 22 other side have, in effect, disenfranchised us 23 in making the case and the argument and being 3278 1 advocates for our people. 2 I think this is dangerous 3 ground. It is quicksand. I think that the 4 disparity practiced by the other side of the 5 aisle is in violation of the Voting Rights Act 6 of this country. I think you ought to think 7 about that. I think you really ought to give 8 some attention to that, that you have, in 9 effect, by posturing in the manner that you 10 have, by not allowing legislation to protect the 11 interests of the African-American, 12 Caribbean-American, Puerto Rican community, 13 other Latinos in this state, to bring forth 14 legislation from this side of the aisle have, in 15 effect, disenfranchised all of these people, and 16 this house may every day operate in violation of 17 the Voting Rights Act of this country. 18 Think about it, because others on 19 this side of the aisle are thinking about it, 20 and I think that maybe the public should know 21 about it. I think that editors represented here 22 in the newspapers should know about it. I think 23 there should be some serious thought to what you 3279 1 are really doing with the manner in which this 2 house operates, and maybe we ought to focus on 3 that and clean it up ourselves before somebody 4 decides to clean it up outside of this house. 5 Thank you, Mr. President. 6 ACTING PRESIDENT KUHL: The 7 question is on the appeal of the ruling of the 8 Chair. An "aye" vote will be to sustain the 9 ruling of the Chair; a "nay" vote will be to 10 overturn the ruling of the Chair. 11 On the question, all those in 12 favor, signify by saying aye. 13 SENATOR GOLD: Party vote in the 14 negative. 15 ACTING PRESIDENT KUHL: The clerk 16 will record the party line vote. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 33, nays 20. 19 ACTING PRESIDENT KUHL: The 20 ruling of the Chair is sustained. On the bill. 21 Last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first day of 3280 1 November next succeeding the date on which it 2 shall have become a law. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 53. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 692, by Senator Maltese, Senate Bill Number 11 7444, an act to amend the Criminal Procedure 12 Law, in relation to the family of a deceased 13 crime victim. 14 SENATOR GOLD: Just one half 15 second. 16 ACTING PRESIDENT KUHL: The Chair 17 recognizes Senator Jones. 18 SENATOR JONES: Thank you. Yes. 19 I would like to speak to the bill that Senator 20 Maltese has here today. 21 First of all, I would like to 22 thank him for taking up the Monroe County 23 issue. As I'm sure the Senator knows, I'm very 3281 1 pleased that the bill is going to pass and to 2 help the victim in Monroe County which the bill 3 was written for and which I submitted on 4 February 28th. 5 I just -- you know, I'm very 6 happy the bill passes and I support Senator 7 Maltese, and I probably would have not made the 8 next statement I'm going to make had this last 9 debate not taken place, but I would just like to 10 make it very clear that in my situation, the 11 phone calls did take place, discussion was 12 attempted to be held and my efforts were not 13 accepted or recognized, so I do need to add 14 that, but I want to thank the Senator because it 15 was a situation where a victim in Monroe County 16 was denied the right. No one could speak to the 17 victim because it did not fit under the short 18 categories of the law that were there at the 19 time, so I'm glad it's going to be corrected, 20 but I do need to make the statement that I did 21 make the phone calls, and my bill or whatever 22 was not accepted, even though I'm reading the 23 same thing here today. 3282 1 ACTING PRESIDENT KUHL: The clerk 2 will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 53. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 697, by Senator Padavan, Senate Bill Number 13 7496, an act to amend the Penal Law and the 14 Administrative Code of the city of New York. 15 SENATOR GOLD: Explanation. 16 ACTING PRESIDENT KUHL: 17 Explanation has been asked for. Senator 18 Padavan, explanation has been asked for by 19 Senator Gold. 20 SENATOR PADAVAN: Mr. President, 21 this bill would include retired correction 22 officers within the existing provision exempting 23 police officers from the payment of firearms 3283 1 licensing fees. 2 This bill passed last year, 3 unfortunately, was vetoed by the Governor. In 4 the veto message, just to share that with 5 everyone, because I'm sure if I don't, someone 6 else will. The Governor indicated cost to New 7 York City localities, and that if we did this 8 bill, it might prompt others to request similar 9 consideration for other groups of individuals. 10 Certainly that's not my intention, but as far as 11 cost is concerned, the number of officers that 12 would be affected here is so minimal that I 13 couldn't quite understand the Governor having 14 mentioned that, but those were his two reasons 15 for vetoing it last year. 16 ACTING PRESIDENT KUHL: Senator 17 Gold. 18 SENATOR GOLD: Yes, Mr. 19 President, I just want to point out that the 20 Republican mayor of the city of New York that 21 has a memo in opposition to this bill indicates 22 that there are approximately 550 correction 23 officers who would be involved and his 3284 1 opposition is on budgetary grounds. 2 ACTING PRESIDENT KUHL: The clerk 3 will read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT KUHL: Announce 10 the results. 11 THE SECRETARY: Ayes 51, nays 2, 12 Senators Galiber and Leichter recorded in the 13 negative. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 699, by Senator Volker, Senate Bill Number 7574, 18 Criminal Procedure Law, in relation to 19 corrective remedies. 20 ACTING PRESIDENT KUHL: Last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 3285 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 SENATOR GOLD: Excuse me, Mr. 4 President. 5 ACTING PRESIDENT KUHL: Senator 6 Gold. 7 SENATOR GOLD: Yeah, I'm aware of 8 the circumstances of the sponsorship of the 9 bill, and I know everybody wishes Senator Volker 10 well, and we passed a number of his bills today, 11 but if I could just have one day on this. 12 Senator Maltese, I know you're 13 ready to stand up on it, but maybe we could just 14 put it over, and if we can cure our problems, we 15 won't have to debate it, okay? 16 SENATOR MALTESE: On behalf of 17 Senator Volker, lay it aside for one day. 18 ACTING PRESIDENT KUHL: The bill 19 is laid aside for the day. 20 THE SECRETARY: Calendar Number 21 715, by Senator Daly, Senate Bill Number 1093, 22 an act to amend the Environmental Conservation 23 Law, in relation to reporting the costs - 3286 1 inactive hazardous waste sites. 2 SENATOR GOLD: Explanation. 3 SENATOR PRESENT: Lay it aside 4 for the day. 5 ACTING PRESIDENT KUHL: The bill 6 is laid aside for the day. 7 THE SECRETARY: Calendar Number 8 717, by Senator Daly, Senate Bill Number 5200-C, 9 Environmental Conservation Law. 10 SENATOR GOLD: Last section. 11 ACTING PRESIDENT KUHL: The clerk 12 will read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 53. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 727, by Senator Hannon, Senate Bill Number 66... 23 6627, Administrative Code of city of New York, 3287 1 in relation to access to correct housing 2 maintenance code violation. 3 SENATOR PRESENT: Lay it aside. 4 ACTING PRESIDENT KUHL: Lay the 5 bill aside. 6 Senator Present, that completes 7 the controversial calendar for the day. 8 SENATOR PRESENT: Mr. President, 9 would you recognize Senator Wright, please. 10 ACTING PRESIDENT KUHL: Senator 11 Wright. 12 SENATOR WRIGHT: Mr. President, I 13 have a privileged resolution at the desk. I 14 request the clerk read the title. 15 ACTING PRESIDENT KUHL: The clerk 16 will read the title of the privileged reso 17 lution. 18 THE SECRETARY: Legislative 19 Resolution, by Senator Wright, expressing 20 sincerest sorrow upon the occasion of the death 21 of John L. MacFarland. 22 ACTING PRESIDENT KUHL: All those 23 in favor of the resolution signify by saying 3288 1 aye. 2 (Response of "Aye".) 3 Opposed nay. 4 (There was no response.) 5 The resolution is adopted 6 unanimously. 7 Senator Galiber. 8 SENATOR GALIBER: Would you open 9 up for - 10 ACTING PRESIDENT KUHL: Senator 11 Wright. 12 SENATOR WRIGHT: Yes. 13 ACTING PRESIDENT KUHL: Senator 14 Present, should we put all members of the 15 Legislature on that resolution - 16 SENATOR PRESENT: Yes. 17 ACTING PRESIDENT KUHL: -- except 18 -- those people who do not wish to be, if they 19 would indicate to the desk accordingly, that 20 will be done. 21 We have a motion, Senator 22 Present. If that's okay, we'll do it at this 23 time. 3289 1 SENATOR PRESENT: Sure. 2 ACTING PRESIDENT KUHL: Senator 3 Wright. 4 SENATOR WRIGHT: On behalf of 5 Senator Lack, Mr. President, on page 22, I offer 6 the following amendments to Calendar Number 346, 7 Senate Print Number 660, and ask that said bill 8 retain its place on the Third Reading Calendar. 9 ACTING PRESIDENT KUHL: The bill 10 is amended and will retain its place on the 11 Third Reading Calendar. 12 Senator Present. 13 SENATOR PRESENT: Mr. President, 14 there being no further business, I move that we 15 adjourn until Monday, May 9th at 1:00 p.m., 16 intervening days to be legislative days. The 17 members should also be advised that they are 18 subject to the call of the Majority Leader for a 19 session upon giving 24 hours notice. 20 ACTING PRESIDENT KUHL: The Sen 21 ate stands adjourned until Monday at 1:00 p.m. 22 (Whereupon, at 1:31 p.m., the 23 Senate adjourned.)