Tuesday, May 31, 1994

4021 1 2 3 4 5 6 7 8 9 10 ALBANY, NEW YORK 11 May 31, 1994 12 12:31 p.m. 13 14 15 REGULAR SESSION 16 17 18 19 SENATOR HUGH T. FARLEY, Acting President 20 STEPHEN F. SLOAN, Secretary 21 22 23 4022 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: The 3 Senate will come to order. 4 If you will please rise with me 5 for the Pledge of Allegiance to the Flag. 6 (Whereupon, the Senate joined in 7 the Pledge of Allegiance to the Flag.) 8 Today, in the absence of visiting 9 clergy, we will bow our heads for a moment of 10 silent prayer. 11 Secretary will begin by reading 12 the Journal. 13 THE SECRETARY: In Senate, 14 Monday, May 30. The Senate met pursuant to 15 adjournment. Senator Bruno in the chair upon 16 designation of the Temporary President. The 17 Journal of Sunday, May 29, was read and 18 approved. On motion, Senate adjourned. 19 ACTING PRESIDENT FARLEY: Hearing 20 no objection, the Journal will stand approved as 21 read. 22 The order of business: 23 Senator Present. 4023 1 SENATOR PRESENT: Mr. President. 2 On behalf of Senator Stafford, I would like to 3 announce an immediate meeting of the Finance 4 Committee in Room 332. 5 ACTING PRESIDENT FARLEY: There 6 will being an immediate meeting of the Finance 7 Committee in Room 332. 8 SENATOR PRESENT: Mr. President. 9 I ask that the Senate stand at ease. 10 ACTING PRESIDENT FARLEY: The 11 Senate will stand at ease pending the report of 12 the Finance Committee. 13 (Whereupon, at 12:15 p.m., the 14 Senate was at ease.) 15 (Whereupon, at 12:30 p.m., the 16 Senate reconvened.) 17 SENATOR PRESENT: I would like to 18 request all members of the Senate to report to 19 the Senate chamber. We have some urgent 20 business we would like to take care of as soon 21 as possible. Please, all members of the Senate 22 report to the Senate chamber. 23 (Whereupon, the Senate continued 4024 1 at ease.) 2 (Whereupon, at 1:07 p.m., the 3 Senate reconvened.) 4 ACTING PRESIDENT FARLEY: Senate 5 will come to order. 6 The order of business: 7 Presentation of petitions. 8 Messages from the Assembly. 9 Messages from the Governor. 10 Reports of standing committees. 11 We have a report of a standing 12 committee. Secretary will read it. 13 THE SECRETARY: Senator Stafford 14 from the Committee on Finance reports the 15 following two bills directly for third reading: 16 Senate Bill Number 8532, by the 17 Committee on Rules, an act on provide for 18 payments to municipalities. 19 Senate Bill Number 8533, by the 20 Committee on Rules, an act making appropriations 21 for the support of government. 22 Both bills reported directly for 23 third reading. 4025 1 ACTING PRESIDENT FARLEY: Both 2 bills reported directly to third reading. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Present. 8 SENATOR PRESENT: Mr. President. 9 I move to recommit Senate 8502, Calendar 1080. 10 ACTING PRESIDENT FARLEY: The 11 bill is recommitted. 12 SENATOR PRESENT: And, Mr. 13 President, I move to recommit Senate 8504, 14 Calendar 1081. 15 ACTING PRESIDENT FARLEY: The 16 bill is recommitted. 17 SENATOR PRESENT: And strike the 18 enacting clauses on both. 19 ACTING PRESIDENT FARLEY: The 20 enacting clauses will be struck on both bills. 21 Senator Cook. 22 SENATOR COOK: Mr. President. 23 Will you please star Calendar Number 922, Senate 4026 1 Bill 3034A. 2 ACTING PRESIDENT FARLEY: The 3 bill is starred at the request of the sponsor. 4 Senator DiCarlo. 5 SENATOR DiCARLO: Mr. President. 6 On behalf of Senator Sears, on page 20, I offer 7 the following amendments to Calendar Number 797, 8 Print Number 7495, and ask that said bill retain 9 its place on Third Reading Calendar. 10 ACTING PRESIDENT FARLEY: Without 11 objection. 12 SENATOR DiCARLO: Mr. President. 13 On behalf of Senator Volker, on page 28, I offer 14 the following amendments to Calendar 929, Print 15 Number 6672, and ask that said bill retain its 16 place on Third Reading Calendar. 17 ACTING PRESIDENT FARLEY: 18 Amendments received. The bill will retain its 19 place. 20 SENATOR DiCARLO: On page 27, on 21 behalf of Senator Cook, I offer the following 22 amendments to Calendar 922, Print 3034A, ask 23 that said bill retain its place on Third Reading 4027 1 Calendar. 2 ACTING PRESIDENT FARLEY: Without 3 objection, the bill will retain its place. 4 SENATOR DiCARLO: On page 38, I 5 offer the following amendments to Calendar 6 Number 199, Print 6552, for Senator Skelos, and 7 ask that the bill retain its place on third 8 reading on the calendar. 9 ACTING PRESIDENT FARLEY: Without 10 objection, the bill will retain its place. 11 Senator Cook, then Senator 12 Wright. Senator Cook, do you have a motion? 13 SENATOR COOK: No. 14 ACTING PRESIDENT FARLEY: Senator 15 Wright. 16 SENATOR WRIGHT: Mr. President. 17 On behalf of Senator Trunzo, I wish to call up 18 bill Print Number 7057A, recalled from the 19 Assembly, which is now at the desk. 20 ACTING PRESIDENT FARLEY: 21 Secretary will read the bill. 22 THE SECRETARY: By Senator 23 Trunzo, Senate Bill 7057A, an act to amend the 4028 1 Administrative Code of the City of New York. 2 ACTING PRESIDENT FARLEY: Senator 3 Wright. 4 SENATOR WRIGHT: Mr. President. 5 I now move to reconsider the vote by which this 6 bill was passed. 7 ACTING PRESIDENT FARLEY: The 8 Secretary will call the roll on reconsideration. 9 (The Secretary called the roll on 10 reconsideration.) 11 THE SECRETARY: Ayes 31. 12 ACTING PRESIDENT FARLEY: The 13 bill is before the house. 14 Senator Wright. 15 SENATOR WRIGHT: Mr. President. 16 I now offer the following amendments. 17 ACTING PRESIDENT FARLEY: 18 Amendments received, and the bill will retain 19 its place. 20 SENATOR WRIGHT: Mr. President. 21 On behalf of Senator Hannon, I wish to call up 22 bill Print Number 281A, recalled from the 23 Assembly, which is now at the desk. 4029 1 ACTING PRESIDENT FARLEY: 2 Secretary will read it. 3 THE SECRETARY: By Senator 4 Hannon, Senate Bill Number 281A, an act 5 authorizing the County of Nassau to accept an 6 application for real property tax exemption. 7 SENATOR WRIGHT: I now move to 8 reconsider the vote by which this bill was 9 passed. 10 ACTING PRESIDENT FARLEY: The 11 Secretary will call the roll on reconsideration. 12 (The Secretary called the roll on 13 reconsideration.) 14 THE SECRETARY: Ayes 31. 15 ACTING PRESIDENT FARLEY: The 16 bill is before the house. 17 Senator Wright. 18 SENATOR WRIGHT: Mr. President. 19 I now offer the following amendments. 20 ACTING PRESIDENT FARLEY: 21 Amendments received. The bill will retain its 22 place. 23 Are there any other motions on 4030 1 the floor. 2 (There was no response.) 3 Seeing none, Senator Present. 4 SENATOR PRESENT: Call up 5 Calendar 1089 at this time. 6 ACTING PRESIDENT FARLEY: 7 Secretary will call up 1089. 8 Senator Present, they are going 9 to check with the Assembly. We don't want it to 10 cross. It's all set. 11 THE SECRETARY: Calendar Number 12 1089, by the Senate Committee on Rules, Senate 13 Bill Number 8532, an act to provide for payment 14 to municipalities and to providers of medical 15 services. 16 SENATOR PRESENT: Mr. President. 17 Is there a message of necessity and a message of 18 appropriation at the desk? 19 ACTING PRESIDENT FARLEY: The 20 messages are here at the desk. 21 SENATOR PRESENT: Mr. President. 22 I move we accept the messages. 23 ACTING PRESIDENT FARLEY: All in 4031 1 favor of accepting the messages, please say aye. 2 (Response of "Aye.") 3 Those opposed, nay. 4 (There was no response.) 5 The messages are accepted. You 6 can read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 35. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 SENATOR PRESENT: Mr. President. 16 Can we take up Calendar 1090. 17 ACTING PRESIDENT FARLEY: 1090. 18 The Secretary will call it up. 19 THE SECRETARY: Calendar Number 20 1090, by the Senate Committee on Rules, Senate 21 Bill Number 8533, an act making an appropriation 22 for the support of government. 23 ACTING PRESIDENT FARLEY: Senator 4032 1 Present. 2 SENATOR PRESENT: Mr. President. 3 Is there a message of necessity and a message of 4 appropriation at the desk for this bill. 5 ACTING PRESIDENT FARLEY: Both 6 messages are here, Senator Present. 7 SENATOR PRESENT: I move we 8 accept the messages. 9 ACTING PRESIDENT FARLEY: All in 10 favor of accepting the messages, say aye. 11 (Response of "Aye.") 12 Those opposed, nay. 13 (There was no response.) 14 The messages are accepted. 15 You can read 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 33. Nays 22 2. Senators Dollinger and Jones recorded in the 23 negative. 4033 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 SENATOR PRESENT: Mr. President. 4 Let's take up the noncontroversial calendar, 5 please. 6 ACTING PRESIDENT FARLEY: 7 Secretary will read noncontroversial. 8 THE SECRETARY: On page 5, 9 Calendar Number 301, by Senator Holland, Senate 10 Bill Number 6309C. 11 SENATOR PRESENT: Lay it aside 12 for the day please. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside for today. 15 THE SECRETARY: Calendar Number 16 302, by Senator Saland, Senate Bill Number 17 6338A, an act to amend the Penal Law. 18 SENATOR GOLD: Lay it aside. 19 ACTING PRESIDENT FARLEY: Lay it 20 aside. 21 THE SECRETARY: Calendar Number 22 307, by Senator Saland, Senate Bill Number 2244, 23 an act to amend the Social Services Law, in 4034 1 relation to severely and repeatedly abused 2 children. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 35. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 333, by Senator Libous, Senate Bill Number 6666, 15 an act to amend the Tax Law. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 35. 4035 1 ACTING PRESIDENT FARLEY: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 334, by Senator Libous, Senate Bill Number 6667, 5 an act to amend the Tax 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 35. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 474, by the Assembly Committee on Rules, 18 Assembly Bill Number 8570A, with a Senate 19 reprint number of 21007A, an act to amend the 20 Public Authorities Law. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 4036 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 35. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 478, by Senator Saland, Senate Bill Number 10 5881B. 11 SENATOR PRESENT: Lay it aside 12 for the day. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside for today. 15 THE SECRETARY: Calendar Number 16 485, by Senator Levy, Senate Bill Number 193C, 17 an act to amend the Public Authorities Law. 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. 4037 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 35. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 502, by Senator Volker. 7 SENATOR GOLD: Lay it aside. 8 ACTING PRESIDENT FARLEY: Lay it 9 aside. 10 THE SECRETARY: Calendar Number 11 587, by Senator Trunzo, Senate Bill Number 7429, 12 an act to amend the Retirement and Social 13 Security Law. 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 35. 22 ACTING PRESIDENT FARLEY: The 23 bill is passed. 4038 1 THE SECRETARY: Calendar Number 2 597, by Senator Larkin, Senate Bill Number 3 7042A, an act to amend the Insurance 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 35. 12 ACTING PRESIDENT FARLEY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 602, by Senator Sears, Senate Bill Number 3836A, 16 an act to amend the General Business 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.) 4039 1 THE SECRETARY: Ayes 32. Nays 2 3. Senators DeFrancisco, DiCarlo and Rath 3 recorded in the negative, also Senator Farley 4 recorded in the negative. 5 SENATOR PRESENT: Lay it aside. 6 ACTING PRESIDENT FARLEY: The 7 Secretary will call the roll on reconsideration. 8 (The Secretary called the roll on 9 reconsideration.) 10 THE SECRETARY: Ayes 35. 11 ACTING PRESIDENT FARLEY: The 12 bill is before the house. 602 is laid aside. 13 THE SECRETARY: Calendar Number 14 719, by Senator Johnson, Senate Bill Number 15 7248A, to establish the mercury task force. 16 SENATOR GOLD: Lay it aside. 17 ACTING PRESIDENT FARLEY: Lay it 18 aside. 19 THE SECRETARY: Calendar Number 20 730, by Member of the Assembly Pordum, Assembly 21 Bill Number 10684, an act to amend the Banking 22 Law, in relation to receipts of deposits. 23 ACTING PRESIDENT FARLEY: Read 4040 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 35. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 734, by Senator Spano, Senate Bill Number 5622C. 12 SENATOR PRESENT: Lay it aside 13 for the day. 14 ACTING PRESIDENT FARLEY: Lay it 15 aside for the day. 16 THE SECRETARY: Calendar Number 17 747, by Senator Pataki, Senate Bill Number 6611, 18 an act to amend Chapter 672 of the Laws of 993, 19 amending the Public Authorities Law. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 4041 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 35. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 749, by Member of the Assembly Rivera, Assembly 9 Bill Number 10631A, an act to amend Chapter 383 10 of the Laws of 1991. 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 35. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 751, by Senator Volker. 23 SENATOR PRESENT: Lay it aside 4042 1 for the day. 2 ACTING PRESIDENT FARLEY: Lay it 3 aside for today. 4 THE SECRETARY: Calendar Number 5 768, by Senator Goodman, Senate Bill Number 6 2403, an act to amend the General Business Law, 7 in relation to the civil penalty for certain 8 unlawful acts. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 34. Nays 17 1. Senator DeFrancisco recorded in the 18 negative. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 770, by Senator Skelos, Senate Bill Number 23 7204A, an act to amend the Executive Law, in 4043 1 relation to volunteer programs for the aging. 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 35. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 798, by Senator Holland, Senate Bill Number 14 461A, an act to amend the Social Services 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 35. 23 ACTING PRESIDENT FARLEY: The 4044 1 bill is passed. 2 THE SECRETARY: Calendar number 3 800, by Senator Holland. 4 SENATOR PRESENT: Lay it aside 5 for the day. 6 ACTING PRESIDENT FARLEY: Lay it 7 aside for the day. 8 THE SECRETARY: Calendar Number 9 811, by Member of the Assembly Keane, Assembly 10 Bill Number 6710, General Municipal Law, in 11 relation to the operation of games of bingo. 12 SENATOR PRESENT: Lay it aside. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside. 15 THE SECRETARY: Calendar Number 16 812, by Senator Larkin. 17 SENATOR GOLD: Lay it aside. 18 ACTING PRESIDENT FARLEY: Lay it 19 aside. 20 SENATOR PRESENT: Lay it aside 21 for the day. 22 ACTING PRESIDENT FARLEY: Lay 23 that bill aside for today. 4045 1 THE SECRETARY: Calendar Number 2 814, by the Assembly Committee on Rules, 3 Assembly Bill Number 7984A, an act to amend the 4 General Municipal Law. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 31. Nays 4. 13 Senators DiCarlo, Hannon, Pataki and Tully, 14 recorded in the negative. 15 SENATOR PADAVAN: Lay it aside. 16 ACTING PRESIDENT FARLEY: 17 Withdraw the roll call. Lay it aside. 18 THE SECRETARY: Calendar Number 19 817, by the Assembly Committee on Rules, 20 Assembly Bill Number 8460A, an act to amend the 21 Public Health Law, in relation to requiring the 22 presence of certified lifeguards on ocean 23 beaches. 4046 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 SENATOR HANNON: Lay it aside. 8 ACTING PRESIDENT FARLEY: Lay it 9 aside. 10 THE SECRETARY: Calendar Number 11 829, by Senator Johnson. 12 SENATOR GOLD: Lay it aside. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside. 15 THE SECRETARY: Calendar Number 16 839, by Senator Maltese, Senate Bill Number 17 5149, Correction Law, in relation to appointment 18 of correction officers. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 4047 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 35. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 841, by Senator Maltese, Senate Bill Number 8 7566, an act to amend the Correction Law. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 35. 17 ACTING PRESIDENT FARLEY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 846, by Senator Kuhl. 21 SENATOR MARKOWITZ: Explanation. 22 ACTING PRESIDENT FARLEY: Lay it 23 aside. 4048 1 THE SECRETARY: Calendar Number 2 849, by Senator Libous, Senate Bill Number 3 6930B, an act to amend the Mental Hygiene 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 35. 12 ACTING PRESIDENT FARLEY: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 873, by Senator Trunzo, Senate Bill Number 7528, 16 an act to amend the Education Law, in relation 17 to payments by the New York State Teachers 18 Retirement System. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 4049 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 35. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 875, by Senator Trunzo, Senate Bill Number 8 7726A, an act to amend the Administrative Code 9 of the City of New York. 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 35. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 883, by Senator DeFrancisco, Senate Bill Number 22 7865, Insurance Law, in relation to life 23 insurance contracts. 4050 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 35. 9 ACTING PRESIDENT FARLEY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 917, by Senator Wright, Senate Bill Number 7960, 13 an act to amend the Alcoholic Beverage Control 14 Law. 15 SENATOR PRESENT: Lay it aside 16 for the day. 17 ACTING PRESIDENT FARLEY: Lay it 18 aside for the day. 19 THE SECRETARY: Calendar Number 20 925, by Senator Cook, Senate Bill Number 5169B, 21 create a temporary state coordinating council on 22 geographic information. 23 ACTING PRESIDENT FARLEY: Read 4051 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 35. 8 ACTING PRESIDENT FARLEY: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 945, by Senator Daly. 12 SENATOR DALY: Lay it aside for 13 the day, please. 14 ACTING PRESIDENT FARLEY: Lay it 15 aside. For the day? 16 SENATOR DALY: Yes. 17 ACTING PRESIDENT FARLEY: Lay it 18 aside for the day. 19 THE SECRETARY: Calendar Number 20 956, by Senator Skelos, Senate Bill 1240A, an 21 act to amend the General Obligations Law. 22 SENATOR GOLD: Lay it aside. 23 ACTING PRESIDENT FARLEY: Lay it 4052 1 aside. 2 THE SECRETARY: Calendar Number 3 963, by the Assembly Committee on Rules, 4 Assembly Bill Number 11673, an act to amend 5 Chapter 342 of the Laws of 1992, amending the 6 Uniform Justice Court Act. 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 35. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 969, by Senator Tully, Senate Bill Number 7794, 19 an act to amend the Alcoholic Beverage Control 20 Law. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 4053 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 35. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 971, by Senator Maltese, Senate Bill Number 10 3284A, an act to amend the Executive Law. 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 35. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 972, by Senator Maltese. 23 SENATOR GOLD: Lay it aside. 4054 1 ACTING PRESIDENT FARLEY: Lay the 2 bill aside. 3 THE SECRETARY: Calendar Number 4 977, by Senator Maltese, Senate Bill Number 5 7447, an act to amend the Correction 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 35. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 978, by Senator Maltese, Senate Bill Number 18 7567, Correction Law, in relation to inmates' 19 possession of unauthorized money. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 4055 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 36. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 982, by member of the Assembly Tocci, Assembly 9 Bill Number 9826, an act to amend the Highway 10 Law. 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 SENATOR SPANO: Mr. President. 19 What calendar are we on? 20 ACTING PRESIDENT FARLEY: 982. 21 SENATOR SPANO: Lay it aside. 22 ACTING PRESIDENT FARLEY: Lay 23 that bill aside. Withdraw the roll call. 4056 1 THE SECRETARY: Calendar Number 2 983, by Senator Libous, Senate Bill Number 3 7182A, an act to amend the Highway Law, in 4 relation to designating a portion of the state 5 highway system as the 27th Division Memorial 6 Highway. 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 36. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 984, by Senator Wright, Senate Bill Number 7418, 19 an act to amend the Highway Law. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 4057 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 36. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 989, by Senator Libous, Senate Bill Number 7723, 9 amends Chapter 113 of the Laws of 1992. 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 36. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 1004, by Senator Maltese. 22 SENATOR GOLD: Lay it aside. 23 ACTING PRESIDENT FARLEY: Lay it 4058 1 aside. 2 THE SECRETARY: Calendar Number 3 1014, by Senator Skelos, Senate Bill Number 4 6401C, an act to amend the Public Authorities 5 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 37. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 1034, by Senator Farley, Senate Bill 8209, an 18 act to amend the Banking Law. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 4059 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 39. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1044, by Senator Cook. 8 SENATOR GOLD: Can we get one day 9 on this? 10 ACTING PRESIDENT FARLEY: Senator 11 Cook, do you want to lay it aside for the day. 12 SENATOR COOK: For the day. 13 SENATOR PRESENT: Lay it aside. 14 ACTING PRESIDENT FARLEY: For the 15 day. 16 THE SECRETARY: Calendar Number 17 1052, by Senator Saland, Senate Bill Number 18 2885A, an act to amend the Education Law. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 4060 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 39. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 1053. 8 SENATOR GOLD: Lay it aside. 9 ACTING PRESIDENT FARLEY: Lay it 10 aside. 11 Senator Present, that's the first 12 time through. 13 SENATOR PRESENT: Mr. President. 14 I would ask that the Senate stand at ease for a 15 few moments. 16 ACTING PRESIDENT FARLEY: The 17 Senate will stand at ease for a few moments. 18 (Whereupon, at 1:34 p.m., the 19 Senate was at ease.) 20 (Whereupon, at 2:10 p.m., the 21 Senate reconvened.) 22 ACTING PRESIDENT FARLEY: Senator 23 Present. 4061 1 SENATOR PRESENT: Mr. President. 2 Let's take up the controversial calendar. 3 ACTING PRESIDENT FARLEY: 4 Secretary will read the controversial calendar. 5 THE SECRETARY: On page 5, 6 Calendar Number 302, by Senator Saland, Senate 7 Bill Number 6338A, an act to amend the Penal 8 Law, in relation to authorized sentences and to 9 repeal certain provisions thereof. 10 SENATOR GOLD: Explanation. 11 ACTING PRESIDENT FARLEY: 12 Explanation has been asked for. 13 Senator Saland. 14 SENATOR SALAND: Mr. President. 15 This is the bill which would be known to most 16 people as the so-called "Three strikes you're 17 out" bill or if the Governor -- as he would 18 prefer, "Three strikes and you're in" bill. 19 This bill basically says if 20 you've committed two prior violent felonies and 21 are unwise enough to commit a third, you're 22 going to be sentenced to life without parole. 23 It creates a life without parole mechanism in 4062 1 the State of New York for people who, in effect, 2 are if not habitual violent felons then people 3 who are given to committing violent felonies. 4 Basically, data will show you that probably 5 somewhere in the area of 70 percent of violent 6 crimes, according to national statistics, are 7 committed by as few as 6 percent of people. And 8 I have seen figures -- I don't know if they are 9 reflective of New York or not but attributed to 10 the Governor saying that some 80 percent of 11 crimes of violent crimes are committed by 20 12 percent of the felons, and this bill basically 13 is an endeavor to take those people out of the 14 mainstream, to take those people and place them 15 behind bars, where their violent ways can no 16 longer harm people in the streets, people in 17 their homes. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. Hold on. 20 SENATOR GALIBER: If Senator 21 would yield for a question? 22 SENATOR SALAND: Certainly, 23 Senator Galiber. 4063 1 SENATOR GALIBER: Senator, do you 2 have any guesstimate as to how many persons are 3 involved in this. There are some -- let me 4 preface the question by saying there are some 5 who believe that this is the kind of a bill that 6 we, you know, hang out on election day, you 7 know, when things are pretty bad in some 8 instances; that the present law as we have it 9 between the predicate and the persistent, which 10 came into effect in 1967, I believe, when we 11 reorganized the whole sentencing structure, is 12 adequate; that by the time someone in this 13 category reaches three strikes and you're "in" 14 or "out," depending on which jurisdiction you're 15 in, Washington or Albany, but amounts to the 16 same thing, that we're talking about 200 people 17 maybe, a few hundred people that are involved, 18 if that many. 19 SENATOR SALAND: The numbers 20 available, the ones that I have seen for the 21 most recent year, which would be 1992, would say 22 that there were some 286 persistent violent 23 felons who were incarcerated in that year. The 4064 1 Governor has used a number, and to be perfectly 2 honest with you, I don't know where he gets it 3 from, of some 30 to 50. I'm not quite sure how 4 we get down from 286 to 30 to 50. 5 SENATOR GALIBER: You had 6 indicated in your explanation how this would 7 work. Now, we have a person who, one, has a 8 first felony violent offense. He is sent to 9 jail. And the second one, same category; third 10 one, he now goes 25 to life. 11 As I said before, by the time 12 that person reaches that category, isn't he off 13 the streets in the first instance or the last 14 instance? 15 SENATOR SALAND: I would beg to 16 differ with you to the extent that you would 17 categorize it as 25 to life, because, as you are 18 aware, we're talking an indeterminant sentencing 19 scheme, which basically says the Court shall fix 20 the minimum which will be anywhere from 15 to 25 21 to life. 22 What this bill basically says is 23 that amount of discretion is being taken out of 4065 1 your hands because these people have engaged in 2 a course of conduct or, perhaps more 3 appropriately, such grossly heinous conduct or 4 persistent conduct as to single them out for 5 special treatment, particularly onerous 6 treatment by reason of the nature of their past 7 deeds and their then current deed. And they're 8 saying, "No 15 to 25. Straight out life, and 9 life without parole." 10 SENATOR GALIBER: Senator, will 11 you yield for another question? 12 SENATOR SALAND: Certainly, 13 Senator Galiber. 14 SENATOR GALIBER: There are some 15 of us who have taken a position just relatively 16 recently. You may or may not have heard it. We 17 had a press conference on the POP's, which means 18 Project Older Persons. 19 SENATOR SALAND: I'm sorry, would 20 you - 21 SENATOR GALIBER: Project Older 22 Persons. It's a concept from another 23 jurisdiction which we're trying to engulf here 4066 1 in Albany. And what it really amounted to, the 2 foundation for it was, one, we have some older 3 folks there in jail, some 64, 65, 66, some who 4 can't even jump over -- walk over barbed wire 5 fence, as I use the expression. 6 This piece of legislation by the 7 time the person has gone through the 8 prerequisite of "1, 2, 3, and you're out," 9 wouldn't we in fact be in a category of age and 10 we -- when I say that, just one other point - 11 age, and at the same time when you consider the 12 fact of age, the basis for this POP program as 13 we have mentioned, is that the cost of keeping 14 the older prisoners is a lot more than the 15 $24,000. Some have suggested it's $68,000 16 because after you reach a certain age, and I'm 17 almost at that age, a number of things happen to 18 you which calls for serious medical care. 19 In fact in that category, we have 20 suggested that there be some alternatives to 21 incarceration. So if we're moving in that 22 direction, I guess I go back to my basic premise 23 that this is a piece of legislation that comes 4067 1 about as a result of an election year. 2 Regardless of where we come from, we both use 3 those tactics from time to time. But it just 4 sounds good; but, in reality, we're going to 5 overburden our prison system again. We're going 6 to be dealing with persons who are in an age 7 category who create no harm to society, and 8 we're punishing them for past conduct. And, 9 statistically, we have found out with some at 10 the age of 35 or 40 a recidivism. People who 11 then participate -- goes back to another 12 question I asked -- won't commit that last 13 felony. 14 So aren't we really building up, 15 if we pass this piece of legislation, a group of 16 prisoners who are going to be just old folks who 17 are sitting there, and we're caring for them, 18 creating no problem to society except that we 19 have a piece of legislation because we can't 20 solve some other problems, saying this is the 21 way we should go? Long question, but it's a - 22 SENATOR SALAND: Yes. Let me 23 again take issue with you. If, in fact, it has 4068 1 the effect of saying that people in their 30s or 2 40s will not commit another felony, then I think 3 you have helped me make my argument because this 4 is supposed to serve not only as a deterrent by 5 removing people from the mainstream, people who 6 are into hard core crime, but also sending a 7 message to people that we're not going to 8 tolerate it any more. 9 And I also would take issue - 10 also would take issue with you on your 11 characterization that this is somehow or other 12 being electioneering. 13 I'm sure you are familiar with 14 the history. This movement came out of -- out 15 of the State of Washington where it was 16 accomplished by way of a referendum, if I 17 remember correctly. There will probably be 18 similar referendums in other states, including 19 the State of California. 20 Right now, were this bill to be 21 enacted tomorrow, there would be no appreciable 22 affect for a number of years on the cost of 23 operating prisons in the State of New York. 4069 1 People serving life sentences in the State of 2 New York average out, for some strange reason, 3 to nine years. That's the numbers that the 4 Governor's office has used. I don't know how 5 they get to the number. That number supposedly 6 has been given to them by DCJS, and I would 7 think that it would be, at the least, fifteen 8 years. 9 SENATOR GALIBER: All right. 10 Thank you, Senator. 11 SENATOR GOLD: Mr. President. 12 ACTING PRESIDENT FARLEY: Senator 13 Gold. 14 SENATOR GOLD: Will Senator 15 Saland yield to a question? 16 SENATOR SALAND: Certainly, 17 Senator Gold. 18 SENATOR GOLD: Senator, I know 19 how seriously you take legislation, and I admire 20 your intellect. Something very strange, and 21 maybe you can give me some reasoning for it. 22 We had a bill earlier this 23 session which dealt with this so-called three 4070 1 strikes you're in you're out or whatever; and at 2 that point, I had asked the sponsor whether or 3 not there had been any hearings, public hearings 4 on this issue, and I was told no. 5 And at that time, I voted against 6 the bill, and I said I thought it was premature 7 and if nobody else would hold hearings, I would 8 hold hearings. Pursuant to that, I did in fact 9 schedule a hearing down in the City of New York, 10 and I sent notices around, invited people from 11 district attorneys, et cetera, et cetera. 12 And a strange, strange thing 13 happened. Not one district attorney, not one 14 person for an organization involved with the 15 criminal justice system from a prosecutorial 16 point of view, wanted to come to the hearing. 17 Not only that, I pressured one particular 18 district attorney, and I won't mention my own by 19 name, to at least submit something; and I was 20 promised I would have written testimony, and 21 that never came. 22 Now, at the hearing, the 23 testimony that was actually given, and I would 4071 1 be glad to make it available to you, I thought 2 was really pretty scholarly, and it come from 3 some defender organizations and those types, but 4 their basic argument was to shrug their 5 shoulders and say, "What are we doing?" We 6 basically have that kind of a law today. And 7 aside from the politics -- and I'm not accusing 8 you, believe me, Senator, of politics -- but 9 aside from the politics of this session, passing 10 something that people say, "Three strikes, 11 you're in" "Three strikes, you're out," you got 12 people shrugging their shoulders. 13 Now, my question -- having said 14 all this, my question is am I missing 15 something? Are there prosecutorial groups that 16 have affirmatively come out and filed anything 17 on either your bill or any of these bills, or is 18 it a situation where apparently none of them 19 want to be out in public because for some reason 20 they don't see the merit of this whole concept? 21 SENATOR SALAND: I have received 22 no memos either in favor or in opposition. 23 SENATOR GOLD: Senator, I have a 4072 1 memo in opposition. Is this on your bill or 2 another one? I want to make sure. 3 Is this on this bill? 4 I have one from the New York 5 State Defenders Association which recommends 6 disapproval, and it does in fact -- it is on 7 your bill. And let me say this to you, 8 Senator. The gist, I think, of what they are 9 saying -- I will read the you last sentence, 10 "New York already has a workable 'three strikes 11 and you're out' law. In time the current rush 12 to appeal established predicate felony offender 13 sentencing laws will be recognized as the 14 disaster it surely is." 15 They basically are saying we've 16 got these laws in place. 17 SENATOR SALAND: I'm sorry, did 18 they say that the persistent violent felony law 19 was disaster? 20 SENATOR GALIBER: No. They said 21 that this one could become a disaster if given 22 an opportunity. 23 In other words, what I'm 4073 1 concerned about is the same thing you are, and I 2 think that, you know, the vote on these issues, 3 certainly from a political point of view, is to 4 vote yes. It sounds terrific. Put away the 5 bums. 6 But I don't understand why with 7 the Governor coming forward with this idea, with 8 the New York State Senate having your bill and 9 other bills, we find nobody in the prosecutorial 10 community who jumps on this wagon and says, 11 "That's exactly right. We're prosecuting these 12 people, and they get before these darn judges 13 and the next thing you know they are let loose 14 on the street, and nothing's happened." 15 None of that rhetoric is has come 16 out, Senator. 17 SENATOR SALAND: Let me suggest 18 to you that nobody likes to have their ability 19 to control the way in which they dispose of 20 cases, whether it's a district attorney or a 21 judge, imposed upon; and I would suggest to you 22 that the position, in effect, reflects one of 23 territoriality. 4074 1 The people on the streets, the 2 people who have been victimized, those people 3 have basically had their fill. They are tired 4 of plea bargains. They are tired of judges 5 providing sentences which they consider to be 6 inadequate. 7 And I can speak first-hand from 8 personal experience where I had to listen to a 9 prosecutor suggest that due to the fact that the 10 victim of a rather heinous crime who happened to 11 be a child of mine was going to be subjected to 12 a withering cross-examination and in effect be 13 put on trial recommended that we, in effect, not 14 go to trial, something which stuck in my craw, 15 something which stuck in the craw of my family, 16 and which we rejected. 17 Now, that's why prosecutors like 18 to have that kind of prosecutorial discretion. 19 I think when you've done it three times, when 20 you've terrorized, when you've brutalized, when 21 you've maimed, when you've victimized with carte 22 blanche total abandon, that society has the 23 right to say, "Enough is enough." 4075 1 We're not going to inundate our 2 prisons. We're not going to overwhelm them. In 3 in response to Senator Galiber's comments, 4 280-some-odd persistent violent felons. And are 5 we to assume that each and every one of them is 6 somehow or other a geriatric case? You and I 7 know that that's far from the truth. 8 Take a trip up to Coxsackie some 9 time. Lots of young people who are violent 10 felons. Go to some of our other facilities. 11 Lots of young people who are violent young 12 felons. 13 ACTING PRESIDENT FARLEY: Read 14 the last section. 15 SENATOR GOLD: Mr. President. 16 ACTING PRESIDENT FARLEY: I'm 17 sorry. Senator Gold. 18 SENATOR GOLD: Will the Senator 19 yield to just one more question? 20 SENATOR SALAND: Always, Senator 21 Gold. 22 SENATOR GOLD: Senator, at the 23 hearing I held, somebody came up with the copy 4076 1 of the Morganthau Commission Report. I think it 2 was '79. I forget the exact date, but I served 3 on that commission. And our report, as was 4 another commission report that I served on for 5 sentencing, recommended that New York in fact go 6 to some kind of a grid system. 7 Don't you think, Senator, that if 8 there is a problem with the sentencing structure 9 that we should deal with it starting with the 10 first arrest? 11 In other words, we had a 12 situation -- it was a couple weeks ago, and it 13 was not an exact analogy, but it was a situation 14 where somebody drunk driving had their license 15 revoked 80 times or whatever, this kind of 16 business. We've seen the drunk driving 17 situation a number of times recently in the 18 papers. 19 But that's the same argument, 20 Senator, that you've heard and I've heard over 21 and over again. And I do some court work from 22 time to time, and you sit in the courtroom and 23 you hear a judge give out a sentence and you 4077 1 scratch your head and say, "That's not what we 2 authorized." 3 I mean maybe, Senator, it's time 4 now. Maybe the Morganthau Commission was ahead 5 of its time. Maybe some of the other 6 commissions were ahead of the times. Maybe what 7 we ought to be doing now is take another look. 8 The federal government has now gone to a grid 9 system, and I don't think the federal courts 10 have fallen apart. Maybe it's time to look at 11 that first structure. 12 Because if we're saying, Senator, 13 that's something is wrong, you got a 20- or 21 14 year-old, and you are waiting now for three 15 violent felonies, by the time the third, if they 16 to go jail properly the first time -- now, 17 Senator you do the addition. If they're doing a 18 violent felony and he goes away for a year and 19 he does another one and he goes away for a year, 20 and we're talking now about putting 22-year-olds 21 for a third violent felony, I think something is 22 wrong with that. I want to know why the first 23 time there wasn't a real sentence. 4078 1 Maybe the answer, Senator, is to 2 take a look at the structure from the beginning 3 so that maybe when they do the first one, we 4 don't get to the second one and the third one. 5 SENATOR SALAND: Let me suggest 6 to you, Senator Gold, a couple of things. 7 Number 1, this is a rather targeted measure. 8 We're not talking about being particularly 9 arbitrary or indiscriminate here we're talking a 10 very narrow range of folks, and I use the term 11 loosely, some very, very bad, bad people who 12 have not committed one violent felony, not two, 13 but have now committed a third violent felony. 14 And I, too, can recall -- I'm 15 assuming it was the product of the Morganthau 16 Commission -- the sentencing commission proposal 17 that came up in both houses of this 18 Legislature. I was in the Assembly at the time, 19 and I can recall a bill which -- as originally 20 drafted, which to me, in part, reflected perhaps 21 some of the criminal justice ethos of our 22 state. Because that bill, as you may recall, in 23 its initial form basically said that the charge 4079 1 of the sentencing commission was to set up a 2 grid that provided for the least restrictive 3 sentence something which was galling to a goodly 4 number of us, something which was being debated 5 on the floor of the Assembly I recall rather 6 well, because I was the ranking member of the 7 Codes Committee at the time, when Assemblyman 8 Miller, then chairman of the Codes Committee, 9 pulled the bill. It was subsequently amended to 10 remove that least restrictive language and just 11 to talk about imposing an appropriate sentence. 12 Now, if you want to get back into 13 the sentencing commission, that's fine. That's 14 an entirely separate issue. We're dealing with 15 people here who have very little redeeming 16 value. We're dealing with people here who have 17 committed the most outrageous and heinous of 18 crimes and done it on multiple occasions. We're 19 dealing with people here who, in all likelihood, 20 have committed for each crime for which they 21 have been tried and convicted probably numerous 22 other felonies, as well. 23 I can find little or no reason 4080 1 other than some sense of knee-jerk reaction to 2 this type of bill for opposing it. I think it 3 makes sense. I think it will continue to make 4 sense and I think it's an appropriate vehicle to 5 do away with a small number of people committing 6 the most violent and heinous of crimes, 7 disproportionate in numbers in the victimization 8 that they're causing. It's a relatively simple 9 piece. We ought to do it, and we ought to do it 10 unanimously. 11 SENATOR GALIBER: Senator, just a 12 bit longer. 13 ACTING PRESIDENT FARLEY: Senator 14 Galiber. 15 SENATOR GALIBER: Senator, will 16 you yield to another question or two. 17 SENATOR SALAND: Yes. 18 SENATOR GALIBER: Senator, you 19 know, as you related your personal tragedy, I 20 just found out for the first time this year. I 21 can understand that. I've had some personal 22 things happen in my life, and kind of stick with 23 those things. They never really leave us. 4081 1 But those of us who are concerned 2 about it, we were not talking about the rape 3 categories and the real serious categories which 4 you talk about. They should. Somewhere along 5 the line, I think they are done away with with 6 the persistent category where the judge has no 7 flexibility. 8 But what some of us are talking 9 about is -- I don't practice too often. I'm not 10 sure about you. 11 SENATOR SALAND: I've forgotten 12 more than I remember, Senator Galiber. 13 SENATOR GALIBER: Okay. But in 14 the City of New York, it's a lot different, I 15 guess, than in your jurisdiction. You know, if 16 someone bumps into someone, a pick pocket, which 17 has happened in the City of New York on three 18 occasions, pick pocketing, this person is going 19 to be eligible for this piece of legislation. 20 If someone breaks in, in the 21 category if I remember my law school days in a 22 certain burglary category, where you're in that 23 category, you are also eligible, small minor 4082 1 things. Police officers who, unfortunately, in 2 the City of New York who are in uniform, if you 3 bump them the wrong way, it's a felony instead 4 of a misdemeanor. And all of those three 5 categories come into this situation. 6 So there is a flip side to it, 7 and those of us who are concerned about the flip 8 side voice our opinion here with a vote but not 9 enough votes. 10 Very frankly, Senator, if that 11 bill under a different system had come on this 12 side of the aisle, as it used to from time to 13 time -- we used to swap program bills -- it 14 would be over here. And there are quite a few 15 folks here on this side of the aisle who would 16 have carried that bill with some amendments, and 17 I might have carried it myself, as harsh as I 18 feel about it. 19 But there is a category of 20 persons, those of us who are trying to get rid 21 of a persistent felony category for the reasons 22 I set forth that any felony that you commit, and 23 the second one could be policy -- you know, 4083 1 number games in the City of New York, which was 2 illegal in our state. We made it legal you 3 could find yourself in the persistent category 4 for collecting numbers, or being a banker as far 5 as the number are concerned. 6 So it's not the emotional part 7 that we hear about the rapes and the crimes that 8 I think we could come together on and agree that 9 some of us should be incarcerated never, never 10 to return to society. 11 And there is a bill coming up 12 today on a jury, wanting to give the jury some 13 additional information. I think Senator Maltese 14 has a bill, and I have an amendment which is 15 called jury nullification. That's what it 16 really amounts to. 17 Juries are not going to convict 18 -- I'm only mentioning this for the record. 19 They are not going to convict in those 20 categories where someone has bumped up against 21 someone in the city on a subway, picked a pocket 22 on two or three occasions, stole a bicycle as 23 one of the memos indicates at night and being a 4084 1 burglary two category which would make them 2 eligible under this violent felony category. 3 So, Senator, I want the record to 4 reflect that there are those of us who are not 5 in disagreement on the violent ones. We're 6 saying there should be another way of doing it, 7 and there is another way of doing it. 8 And when you measure out the cost 9 of this, I think there is a projected cost in 10 one of our local newspapers. I believe it was 11 the New York Times. California has this, and 12 they have estimated $21 million in costs -- or 13 billion, was it? $21 million or $21 billion, a 14 humongous amount of money. 15 So if we take the age factor, 16 which you play down a bit but you recognize that 17 it's a category and, secondly, if we take into 18 consideration that there are minor felonies that 19 would fit into this category, if in addition we 20 take into consideration the cost factor, then 21 those of us who are opposed in the spirit of the 22 bill -- not in the spirit, but opposed because 23 of these other possibilities mentioned, and 4085 1 those are the reasons why we object. Not for 2 the rape cases, not for the serious felon. 3 Those persons should be taken out of society 4 never to return. 5 SENATOR SALAND: Thank you, 6 Senator. I certainly have nothing but high 7 regard for you. I appreciate your comments and 8 the only thing I would not want to leave as a 9 final impression with regard to my comments is 10 that this bill deals with anything but violent 11 felonies. Each of the predicates would have to 12 be a violent felony and not merely a felony. 13 Thank you. 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 PRESIDENT FARLEY: Senator 22 Galiber to explain his vote. 23 SENATOR GALIBER: No, no. I've 4086 1 explained it. 2 ACTING PRESIDENT FARLEY: And 3 he's voting in the negative. 4 SENATOR LEICHTER: Mr. President. 5 ACTING PRESIDENT FARLEY: Senator 6 Leichter to explain his vote. 7 SENATOR LEICHTER: If I may 8 explain my vote. Mr. President. I'm sorry I 9 was delayed and couldn't hear all of the 10 debate. There were some points I wanted to 11 make, so I will just limit myself to explaining 12 my vote. 13 It seems to me that the large 14 increase of the inmates that we've seen in the 15 prison system, tripling in the last fifteen 16 years, reflecting more severe and even harsher 17 penalties that we have imposed have not only not 18 made a dent in the high rate of crime, but we've 19 actually seen crime increase, and I think there 20 comes a point where you've got to ask yourself, 21 "Well, is punishment as we now apply it and 22 more lengthier sentences the way to go?" It 23 would seem to me that somebody would say, "Well, 4087 1 wait a second. This isn't working. Maybe we 2 ought to try something else." 3 Instead, we not only keep 4 repeating the same thing, but we go even 5 further. We make it harsher and harsher. And 6 you also have to ask yourself how much of that 7 is really just pandoring to the public. We've 8 seen the charts. We show how few people under 9 this law would actually be sentenced to life 10 imprisonment without parole. 11 We also know that, right now, 12 somebody who commits a third violent felony can 13 be put away whether it's 20 years or sometimes 14 even longer. So what are we really trying to 15 achieve? Are we satisfying the public's desire 16 for punishment. I don't think that's what the 17 public wants. I think the public wants us to 18 deal effectively with the lack of security that 19 exists in our society, the high rate of 20 violence. 21 I submit that this doesn't do 22 anything to make any citizen of the state 23 safer. Maybe we'll fool the public for a little 4088 1 while into thinking we have done something, but 2 I submit that we haven't. I don't think this is 3 the way to go. 4 I vote in the negative. 5 ACTING PRESIDENT FARLEY: 6 Results. 7 THE SECRETARY: Ayes 41. Nays 2. 8 Senators Galiber and Leichter recorded in the 9 negative. 10 ACTING PRESIDENT FARLEY: Bill is 11 passed. 12 SENATOR PRESENT: Mr. President. 13 ACTING PRESIDENT FARLEY: Senator 14 Present. 15 SENATOR PRESENT: Can we return 16 to report of standing committees. 17 ACTING PRESIDENT FARLEY: 18 Secretary will read a report of a standing 19 committee. 20 THE SECRETARY: Senator Stafford 21 from the Committee on Finance reports the 22 following bill directly for third reading: 23 Senate Bill Number 8534, by the 4089 1 Senate Committee on Rules, an act to provide for 2 payments to school districts and Boards of 3 Cooperative Educational Services. 4 ACTING PRESIDENT FARLEY: Without 5 objection, right to third reading. 6 Senator Present. 7 SENATOR PRESENT: Mr. President. 8 I offer the following amendments to Calendar 9 1091, Senate Print 8534, and ask that the bill 10 retain its place on the Third Reading Calendar. 11 ACTING PRESIDENT FARLEY: Without 12 objection, the bill will retain its place. 13 Regular order, Senator. 14 SENATOR PRESENT: Regular order, 15 Mr. President. 16 ACTING PRESIDENT FARLEY: Regular 17 order. 18 THE SECRETARY: Calendar Number 19 502, on page 10, by Senator Volker. 20 SENATOR PRESENT: Lay it aside 21 for the day. 22 ACTING PRESIDENT FARLEY: Lay it 23 aside for the day. 4090 1 THE SECRETARY: Calendar Number 2 602, by Senator Sears, Senate Bill Number 3836A, 3 an act to amend the General Business 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 40. Nays 12 3. Senators DiCarlo, Farley and Rath recorded 13 in the negative. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 719, by Senator Johnson, Senate Bill Number 18 7248A, establish the mercury task force. 19 SENATOR GOLD: Can we get one day 20 on this? 21 SENATOR JOHNSON: Lay it aside. 22 SENATOR PRESENT: Lay it aside. 23 ACTING PRESIDENT FARLEY: Lay 4091 1 that bill aside for today. 2 THE SECRETARY: Calendar Number 3 811, by Member of the Assembly Keane, Assembly 4 Bill Number 6710, General Municipal Law, in 5 relation to the operation of games of bingo. 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 43. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 814, by the Assembly Committee on Rules, 18 Assembly Bill Number 7984A, an act to amend the 19 General Municipal Law. 20 SENATOR PADAVAN: Explanation. 21 ACTING PRESIDENT FARLEY: 22 Explanation has been asked for. 23 ACTING PRESIDENT FARLEY: Senator 4092 1 Nozzolio -- just a moment. 2 SENATOR PRESENT: Lay it aside 3 temporarily. 4 ACTING PRESIDENT FARLEY: Lay it 5 aside temporarily. 6 THE SECRETARY: Calendar Number 7 817, by the Assembly Committee on Rules, 8 Assembly Bill Number 8460A, an act to amend the 9 Public Health Law. 10 SENATOR DOLLINGER: May I have an 11 explanation on this bill. 12 SENATOR PRESENT: Lay it aside. 13 ACTING PRESIDENT FARLEY: Lay 14 this bill aside, temporarily. 15 THE SECRETARY: Calendar Number 16 829, by Senator Johnson, Senate Bill Number 17 4084A, an act to amend the Environmental 18 Conservation Law, establishing an environmental 19 audit record search program. 20 SENATOR GOLD: Can we have a day 21 on this one? 22 SENATOR JOHNSON: Lay it aside. 23 ACTING PRESIDENT FARLEY: Lay it 4093 1 aside for the day. 2 THE SECRETARY: Calendar Number 3 956, by Senator Skelos, Senate Bill Number 1240A 4 an act to amend the General Obligations Law. 5 SENATOR PRESENT: Lay it aside, 6 temporarily. 7 ACTING PRESIDENT FARLEY: Lay it 8 aside, temporarily. 9 THE SECRETARY: Calendar Number 10 972, by Senator Maltese, Senate Bill Number 11 4403, Executive Law, in relation to eligibility 12 for crime victim compensation. 13 ACTING PRESIDENT FARLEY: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 43. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 4094 1 982, by Member of the Assembly Tocci, Assembly 2 Bill Number 9826, an act to amend the Highway 3 Law, designating a portion of the state highway 4 system as the Westchester County Veterans 5 Memorial Highway. 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 43. 14 ACTING PRESIDENT FARLEY: That 15 bill is passed. 16 Senator Sears. 17 SENATOR SEARS: Yes, Mr. 18 President. I'd like unanimous consent to 19 reconsider the vote on Calendar 602. 20 ACTING PRESIDENT FARLEY: The 21 Secretary will call the roll on reconsideration. 22 (The Secretary called the roll on 23 reconsideration.) 4095 1 THE SECRETARY: Ayes 43. 2 ACTING PRESIDENT FARLEY: The 3 bill is before the house. 4 SENATOR SEARS: Star the bill. 5 ACTING PRESIDENT FARLEY: Star 6 the bill. 7 THE SECRETARY: Calendar Number 8 1004, by Senator Maltese, Senate Bill Number 9 3302A, an act to amend the Vehicle and Traffic 10 Law. 11 SENATOR PRESENT: Lay it aside, 12 temporarily. 13 ACTING PRESIDENT FARLEY: Lay it 14 aside, temporarily. 15 THE SECRETARY: Calendar Number 16 1053, by Senator Daly. 17 SENATOR DALY: Lay it aside for 18 the day. 19 ACTING PRESIDENT FARLEY: Lay 20 that aside for the day. 21 Senator Present, we have a little 22 housekeeping. 23 SENATOR PRESENT: Let's do it. 4096 1 ACTING PRESIDENT FARLEY: Senator 2 Galiber, before the housekeeping, what would you 3 like? 4 SENATOR GALIBER: Mr. President. 5 May I have unanimous consent to be recorded in 6 the negative on 972. 7 ACTING PRESIDENT FARLEY: 972, 8 Senator Galiber will be in the negative, without 9 objection. 10 Senator Rath. 11 SENATOR RATH: Mr. Chairman, I 12 would like to star my bill, 1064. 13 Thank you. 14 ACTING PRESIDENT FARLEY: 1064 is 15 starred at the request of the sponsor. 16 Senator Libous. 17 SENATOR LIBOUS: Mr. President. 18 On behalf of Senator Holland, Mr. President, I 19 would like to call up his bill, Print Number 20 6633A, recalled from the Assembly, which is now 21 at the desk. 22 ACTING PRESIDENT FARLEY: 23 Secretary will read it. 4097 1 THE SECRETARY: By Senator 2 Holland, Senate Bill Number 6633A, an act to 3 amend the Public Health Law. 4 SENATOR LIBOUS: Thank you, Mr. 5 President. I now move to reconsider the vote by 6 which this bill was passed. 7 ACTING PRESIDENT FARLEY: The 8 Secretary will call the roll on reconsideration. 9 (The Secretary called the roll on 10 reconsideration.) 11 THE SECRETARY: Ayes 43. 12 ACTING PRESIDENT FARLEY: The 13 bill is before the house. 14 SENATOR LIBOUS: Mr. President. 15 I now offer up the following amendments. 16 ACTING PRESIDENT FARLEY: 17 Amendments received. The bill will retain its 18 place. 19 Secretary will read some 20 substitutions. 21 THE SECRETARY: On page 9 of 22 today's calendar, Senator Volker moves to 23 discharge the Committee on Rules from Assembly 4098 1 Bill Number 9074A and substitute it for the 2 identical Third Reading 475. 3 On page 13, Senator Volker moves 4 to discharge the Committee on Rules from 5 Assembly Bill Number 6438B and substitute it for 6 the identical Third Reading 635. 7 On page 37, Senator Bruno moves 8 to discharge the Committee on Rules from 9 Assembly Bill Number 10201 and substitute it for 10 the identical Third Reading 1069. 11 ACTING PRESIDENT FARLEY: The 12 substitutions are ordered without objection. 13 Senator Kuhl. 14 SENATOR KUHL: Yes, Mr. 15 President. On page 23, Calendar Number 846, 16 Senate 3410A, would you place a sponsor star on 17 that bill, please. 18 ACTING PRESIDENT FARLEY: The 19 bill is starred at the request of the sponsor. 20 SENATOR KUHL: Thank you. 21 ACTING PRESIDENT FARLEY: Senator 22 Present, that concludes the housekeeping. 23 SENATOR PRESENT: At this time, I 4099 1 ask the Senate to stand at ease. 2 ACTING PRESIDENT FARLEY: Senate 3 will stand at ease. 4 (Whereupon, the Senate was at 5 ease. 6 SENATOR PRESENT: Mr. President. 7 Would you recognize Senator Mendez. 8 ACTING PRESIDENT FARLEY: Senator 9 Mendez. 10 SENATOR MENDEZ: Thank you. May 11 I please have unanimous consent to be recorded 12 in the negative on Calendar 972. 13 ACTING PRESIDENT FARLEY: 972, 14 Senator Mendez will be in the negative, without 15 objection. 16 SENATOR MENDEZ: Thank you. 17 (Whereupon, at 2:50 p.m., Senate 18 was at ease.) 19 ACTING PRESIDENT FARLEY: Senator 20 Present. 21 SENATOR PRESENT: Mr. President. 22 I would like to call an immediate meeting of the 23 Rules Committee in Room 332. 4100 1 ACTING PRESIDENT FARLEY: There 2 will be an immediate meeting of the Rules 3 Committee in Room 332. 4 SENATOR PRESENT: The Senate will 5 stand at ease. 6 (Whereupon, at 3:35 p.m., the 7 Senate continued at ease.) 8 ACTING PRESIDENT FARLEY: Senate 9 will come to order. 10 Senator Present. 11 SENATOR PRESENT: Mr. President. 12 Can we return to report of standing committee. 13 ACTING PRESIDENT FARLEY: Yes, we 14 may. The Secretary will read the report of a 15 standing committee. 16 THE SECRETARY: Senator Marino 17 from the Committee on Rules reports the 18 following bills directly for third reading: 19 Senate Bill Number 1651, by 20 Senator Cook and others, creating an interagency 21 council to facilitate services for at-risk 22 children and families. 23 2547, by Senator Cook, Labor Law, 4101 1 in relation to safety and health standards. 2 2845, by Senator Cook, Real 3 Property Tax Law. 4 6699, by Senator Skelos, General 5 Municipal Law, in relation to bingo. 6 6937, by Senator Bruno, Racing, 7 Pari-Mutuel Wagering and Breeding Law. 8 6991, by Senator Libous, 9 Executive Law, Office of Advocate for Persons 10 with Disabilities. 11 7133, by Senator Bruno, Executive 12 Law. 13 7157B, by Senator Rath, an act to 14 amend the Tax Law. 15 7170A, by Senator Seward, an act 16 to amend the Tax Law. 17 7398A, by Senator Cook, 18 Commissioner of General Services to sell and 19 convey to the Greene County Community Action 20 Agency. 21 7407, by Senator Nozzolio, Real 22 Property Tax Law. 23 7638, by Senator Present, 4102 1 authorize the city of Jamestown use of certain 2 lands reported with amendments. 3 7837A, by Senator Johnson, 4 Executive Law. 5 7970, by Senator Stafford, 6 approaching an amendment to the Constitution. 7 8030, by Senator Stafford, 8 proposing an amendment to the Constitution. 9 8031, by Senator Stafford, 10 proposing an amendment to the Constitution. 11 8035, by Senator Bruno, 12 apportionment of state aid for certain capital 13 expenditures. 14 8058, by Senator Lack, Uniform 15 Justice Court Act. 16 8084, by Senator Lack, amends 17 Chapter 502 of the Laws of 1992. 18 8104, by Senator Padavan, amends 19 Chapter 890 of the Laws of 1982. 20 8262, by Senator Daly, Education 21 Law. 22 8471A, by Senator DeFrancisco, 23 Parks, Recreation and Historic Preservation Law. 4103 1 And Senate Bill Number 8497, by 2 Senator Seward, an act to amend the Military 3 Law. 4 All bills reported directly for 5 third reading. 6 ACTING PRESIDENT FARLEY: All 7 bills are reported directly to third reading. 8 Senator Present. 9 SENATOR PRESENT: Senator Rath. 10 SENATOR RATH: Yes, Mr. 11 President. I would like to amend a bill on the 12 Third Reading Calendar, on page number 27, an 13 amendment to Calendar Number 900, Print 8005, 14 and ask that it retain its place on the Third 15 Reading Calendar. 16 ACTING PRESIDENT FARLEY: The 17 bill is amended, and it will retain its place. 18 SENATOR PRESENT: Mr. President. 19 Can we call up Calendar 1091. 20 THE SECRETARY: Calendar Number 21 1091, by the Senate Committee on Rules, Senate 22 Bill Number 8534A, an act to provide for 23 payments to school districts and Board of 4104 1 Cooperative Educational Services. 2 SENATOR PRESENT: Mr. President. 3 Is there a message of necessity, a message of 4 appropriation at the desk? 5 ACTING PRESIDENT FARLEY: Yes, 6 they are. 7 SENATOR PRESENT: Mr. President. 8 I move that we accept the messages. 9 ACTING PRESIDENT FARLEY: In all 10 favor of accepting the messages, please say aye. 11 (Response of "Aye.") 12 Those opposed, nay. 13 (There was no response.) 14 The messages are accepted. 15 Senator Present, the substitution 16 will be here momentarily. 17 SENATOR PRESENT: Right. Let's 18 stand at ease, await the substitution. 19 ACTING PRESIDENT FARLEY: We will 20 read the title of the bill, and then wait for 21 the substitution. 22 THE SECRETARY: Senator Stafford 23 moves to discharge the Committee on Finance from 4105 1 Assembly Bill Number 11755A. 2 ACTING PRESIDENT FARLEY: Senator 3 Mendez. 4 SENATOR MENDEZ: Mr. President. 5 There will be an immediate conference with the 6 Democratic Senators. 7 SENATOR GOLD: As soon as we - 8 SENATOR MENDEZ: As we adjourn. 9 ACTING PRESIDENT FARLEY: There 10 will be a conference right after passing this 11 bill. 12 ACTING PRESIDENT FARLEY: 13 Continue the substitution. 14 THE SECRETARY: Senator Stafford 15 moves to discharge the Committee on Finance from 16 Assembly Bill Number 11755A and substitute it 17 for the identical Senate Bill 8534A. 18 ACTING PRESIDENT FARLEY: 19 Substitution is ordered. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 4106 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 44. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 SENATOR PRESENT: May we stand at 7 ease for a few moments. 8 ACTING PRESIDENT FARLEY: The 9 Senate will stand at ease. 10 (Whereupon, at 3:40 p.m., Senate 11 was at ease.) 12 ACTING PRESIDENT FARLEY: Senator 13 Present. 14 SENATOR PRESENT: Mr. President. 15 I move to recommit Senate Bill Print Number 16 8513, Calendar 1088, on the Third Reading 17 Calendar to the Committee on Finance with 18 instructions to the committee to strike the 19 enacting clause. 20 ACTING PRESIDENT FARLEY: The 21 bill is recommitted and the enacting clause is 22 struck. 23 Senator Marchi. 4107 1 SENATOR MARCHI: Mr. President. 2 On behalf of Senator Skelos, on page 43, I offer 3 the following amendments to Calendar Number 794, 4 Senate Print 5588A, and request that the bill 5 retain its place on the Third Reading Calendar. 6 ACTING PRESIDENT FARLEY: 7 Amendments received. The bill will retain its 8 place on the Third Reading Calendar. 9 ACTING PRESIDENT FARLEY: Senator 10 Maltese. 11 SENATOR MALTESE: Mr. President. 12 With reference to Senate Number 1089, I ask 13 unanimous consent to be recorded in the 14 negative. 15 ACTING PRESIDENT FARLEY: Without 16 objection, Senator Maltese will be in the 17 negative on 1089. 18 SENATOR MALTESE: Thank you. 19 ACTING PRESIDENT FARLEY: That 20 looks like it. 21 SENATOR PRESENT: There being no 22 further business, I move that we adjourn until 23 tomorrow at 3:00 p.m. 4108 1 ACTING PRESIDENT FARLEY: The 2 Senate stands adjourned until tomorrow at 3:00 3 p.m. 4 (Whereupon, at 3:53 p.m., Senate 5 adjourned.) 6 7 8 9 10