Monday, February 23, 1998

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 February 23, 1998 11 3:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEPHEN M. BOGGESS, Secretary 20 21 22 23 24 25 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would you please rise and join 4 me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 The invocation today will be 8 given by Pastor Selwyn Wilkinson from Our Lady 9 of Lourdes Spiritual Baptist Church in 10 Brooklyn. 11 Pastor Wilkinson. 12 PASTOR SELWYN WILKINSON: On 13 behalf of the Spiritual Baptists, the islands 14 of Trinidad and Tobago, my prayers of 15 invocation to you: Our Father which art in 16 heaven, hallowed be Thy name. Thy kingdom 17 come; Thy will be done on earth as it is in 18 heaven. Give us this day our daily bread and 19 forgive us our trespasses as we forgive those 20 that trespass against us and lead us not into 21 temptation, but deliver us from all evil, for 22 Thine is the kingdom and the power and the 23 glory forever and ever. Amen. 24 Almighty God, Who hast given us 25 grace at this time to make our supplications 1 unto You, that You have promised that where 2 two or three have gathered together, You are 3 in the midst, and that is to bless. Bless 4 this assembly, almighty God, our chairmen, the 5 decisions they have to make. Grant them, 6 almighty God, and guide them, O great Jehovah, 7 guide them that they will go in the right 8 direction that will be prosperous to all that 9 dwell within the state of New York. I ask 10 You, almighty God, to send Your blessings. 11 Come, O Spirit, come, Spirit divine, attend 12 our prayers and make them as Thine own. 13 Descend with all Thy gracious powers. O come, 14 sweet Spirit, come. Come to bless, almighty 15 God. Guide them, O great Jehovah. Guide us, 16 good almighty God, we thank Thee for Senator 17 Markowitz who have invited us, and may the 18 assembly, almighty God, Conservative, 19 Republican or Democrat, whatever they have to 20 do, let it be precious in your sight, almighty 21 God, for the benefit of this nation. Bless 22 our President, almighty God, and our 23 Governor. This, I ask in no other name but in 24 Jesus' almighty name. 25 The Lord is my shepherd. I 1 shall not want. He maketh me to lie down in 2 green pastures and beside the still waters and 3 restores my soul. He leads me in the paths of 4 righteousness for his name's sake. Yea, 5 though I walk through the valley of the shadow 6 of death, I shall fear no evil, for God gives 7 me Thy rod and Thy staff, they comfort me. 8 Thou preparest a table before me in the 9 presence of my enemies. Thou anointest my 10 head with oil, that goodness and mercy shall 11 follow us all the days of our life and we 12 shall dwell in the house of the Lord forever. 13 Thank you, dear Jesus. In 14 Jesus' almighty name, in Jesus almighty. 15 THE PRESIDENT: Amen. 16 The reading of the Journal, 17 please. 18 THE SECRETARY: In Senate, 19 Friday, February 20th. The Senate met pursuant 20 to adjournment. The Journal of Thursday, 21 February 19th, was read and approved. On 22 motion, Senate adjourned. 23 THE PRESIDENT: Without 24 objection, the Journal stands approved as 25 read. 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing 5 committees. 6 Secretary will read. 7 THE SECRETARY: Senator 8 Leibell, from the Committee on Housing, 9 Construction and Community Development, 10 reports: 11 Senate Print 6152, by Senator 12 Leibell, an act to amend the Private Housing 13 Finance Law; 14 6153, by Senator Leibell, an 15 act to amend the Private Housing Finance Law; 16 6154, by Senator Leibell, an 17 act to amend the Private Housing Finance Law. 18 Senator Velella, from the 19 Committee on Insurance, reports: 20 Senate Print 2550-B, by Senator 21 Johnson, an act to amend the Insurance Law and 22 the Vehicle and Traffic Law; 23 2684-B, by Senator Johnson, an 24 act to amend the Insurance Law; 25 3883, by Senator Velella, an 1 act to repeal Section 4227 of the Insurance 2 Law, and 3 4055, by Senator Saland, an act 4 to repeal Section 334 of the Insurance Law. 5 All bills directly for third 6 reading. 7 THE PRESIDENT: Without 8 objection, all bills directly to third 9 reading. 10 Reports of select committees. 11 Communications and reports from 12 state officers. 13 Motions and resolutions. 14 Senator Marcellino. 15 SENATOR MARCELLINO: Madam 16 President, I move the following bill be 17 discharged from the respective committee and 18 be recommitted with instructions to strike the 19 enacting clause: That would be Senate Print 20 Number 3279. 21 ACTING PRESIDENT HOLLAND: 22 Without objection, the enacting clause will be 23 stricken. 24 SENATOR MARCELLINO: Mr. 25 President, amendments are offered to the 1 following Third Reading Calendar bills: 2 Sponsored by Senator Volker, 3 page number 9, Calendar Number 143, Senate 4 Print Number 1467-A; 5 Sponsored by Senator Johnson, 6 page 12, Calendar Number 187, Senate Print 7 Number 4834-C; 8 By Senator Skelos, page number 9 12, Calendar Number 193, Senate Print Number 10 1983-A; 11 Sponsored by Senator Maziarz, 12 page number 13, Calendar Number 194, Senate 13 Print Number 5083; 14 By Senator Seward, page number 15 15, Calendar Number 218, Senate Print Number 16 3267; and finally 17 By Senator Kuhl, page number 18 14, Calendar Number 213, Senate Print Number 19 3157- A, and, Mr. President, I now move that 20 these bills retain their place on the order of 21 third reading. 22 ACTING PRESIDENT HOLLAND: 23 Amendments are received. The bills will 24 retain their place on the Third Reading 25 Calendar. 1 SENATOR SKELOS: Mr. 2 President. 3 ACTING PRESIDENT HOLLAND: 4 Senator Skelos. 5 SENATOR SKELOS: Before we go 6 on with the resolutions, I just want to point 7 out to the members that there are new mikes on 8 the desks that are extremely sensitive, and 9 you probably received a memo from the 10 Secretary of the Senate, Steve Boggess, that 11 mentions this, but I also want to point out 12 that one of the mikes which happens to be on 13 Senator Stachowski's desk right now is on, on 14 a permanent basis, until it can be fixed. So, 15 for example, you could be sitting in the 16 fireplace discussing something with Senator 17 Dollinger and it may be heard over the squawk 18 boxes, so again, these mikes are very 19 sensitive, and we should just recognize that. 20 ACTING PRESIDENT HOLLAND: 21 Watch what you say. 22 SENATOR SKELOS: If we could 23 take up at this time a resolution by - 24 privileged resolution by Senator Johnson. I'd 25 ask that it be read in its entirety and move 1 for its immediate adoption. 2 ACTING PRESIDENT HOLLAND: 3 Secretary will read. 4 THE SECRETARY: By Senator 5 Johnson, Legislative Resolution, recognizing 6 the F.E.G.S. Suffolk Vocational Center, Bailey 7 House West-South Oaks, upon the occasion of 8 commemorating the 20th Anniversary of New York 9 State's Displaced Homemaker Program. 10 ACTING PRESIDENT HOLLAND: The 11 question is on the resolution. 12 THE SECRETARY: WHEREAS - 13 ACTING PRESIDENT HOLLAND: I'm 14 sorry. 15 THE SECRETARY: WHEREAS, 16 organizations which serve the interests of the 17 people of this Empire State merit the 18 commendation of this legislative body; 19 New York State's Displaced 20 Homemaker Program has served the interests of 21 the people of New York State for 20 years; 22 This legislative body is justly 23 proud to recognize F.E.G.S. Suffolk Vocational 24 Center, Bailey House, West-South Oaks of 25 Amityville, New York, upon the occasion of 1 commemorating the 20th Anniversary of New York 2 State's Displaced Homemaker Program, a program 3 that has been recognized across the United 4 States for its innovative services for 5 individuals into permanent paid employment; 6 F.E.G.S. Suffolk Vocational is 7 under the competent guidance of Fay 8 Sutherland, a skilled and inspirational 9 director whose illustrious reputation is 10 renowned throughout Suffolk County; 11 Established in 1978, the New 12 York State Department of Labor's Displaced 13 Homemaker Program is one of the oldest, most 14 successful state funded resources of its kind. 15 The 24 multi-purpose centers offer a caring 16 holistic approach, multiple services and a 17 community of support aimed at addressing the 18 complex problems faced by displaced homemakers 19 entering or re-entering the paid job market; 20 The multi-purpose Displaced 21 Homemaker Centers provide a wide range of 22 services designed to help a displaced 23 homemaker overcome multiple barriers and reach 24 economic and personal self-sufficiency. The 25 centers provide "job readiness" services that 1 give displaced homemakers the opportunity to 2 make informed job and career decisions and 3 learn life planning skills. In addition, it 4 builds strong relationships with employers and 5 educational institutions that result in 6 training programs that aid economic 7 development efforts in local communities; 8 Since 1978, over 140,000 9 individuals have received employment-related 10 services. Over 28,000 homemakers have entered 11 the labor force while another almost 26,000 12 went on for further education or training; 13 It is estimated that 1,962 14 homemakers who entered employment in the 15 1995-96 program year contributed some $16 16 million to the state's economy through their 17 wages alone. Since wages generate spending in 18 a community, the total economic impact on the 19 state is estimated at over $42 million; 20 Through its sustained 21 commitment to the preservation and enhancement 22 of human dignity New York State's Displaced 23 Homemaker Program has so unselfishly advanced 24 that spirit of united purpose and shared 25 concern which is the unalterable manifestation 1 of our American experience; 2 NOW, THEREFORE BE IT RESOLVED 3 that this legislative body pause in its 4 deliberations to commemorate the 20th 5 Anniversary of New York State's Displaced 6 Homemaker Program, fully confident that such 7 procedure mirrors our shared commitment to 8 preserve, to enhance and to yet effect that 9 patrimony of freedom which is our American 10 heritage; and 11 BE IT FURTHER RESOLVED that a 12 copy of this resolution, suitably engrossed, 13 be transmitted to Fay Sutherland, Director 14 F.E.G.S., Suffolk Vocational Center, Bailey 15 House West-South Oaks. 16 SENATOR JOHNSON: Mr. 17 President. 18 ACTING PRESIDENT HOLLAND: 19 Senator Johnson. 20 SENATOR JOHNSON: Mr. 21 President, I'm proud to say that 20 years ago 22 I played a role in establishing this first 23 Displaced Homemaker Program. 24 We are honored today to have 25 the resolution read on this anniversary and 1 have Miss Fay Sutherland, who serves many 2 people in my district, here today to represent 3 the group. Thank you, Miss Sutherland, for 4 being here. 5 ACTING PRESIDENT HOLLAND: 6 Senator Johnson, would you like to open up the 7 resolution for co-sponsorship? 8 SENATOR JOHNSON: Yes, of 9 course, Mr. President, and I'd like 10 recognition of Miss Sutherland, who was 11 standing as everyone noticed that she was here 12 and we welcome her on this occasion. 13 Thank you. 14 ACTING PRESIDENT HOLLAND: The 15 Senate recognizes Mrs. Sutherland and 16 congratulates you on your activities here. 17 (Applause) 18 The question -- let me do the 19 resolution, Senator Skelos. 20 The question is on the 21 resolution. All in favor say aye. 22 (Response of "Aye.") 23 Opposed say no. 24 (There was no response. ) 25 The resolution is carried. 1 Everyone will appear on the resolution unless 2 they so signify. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 I believe there is a privileged resolution at 6 the desk sponsored by Senator Holland. 7 ACTING PRESIDENT HOLLAND: Good 8 resolution. 9 The Secretary will read. 10 SENATOR SKELOS: I think we're 11 just going to ask that the title be read on 12 this one - 13 ACTING PRESIDENT HOLLAND: 14 Please. 15 SENATOR SKELOS: -- and move for 16 its immediate adoption. 17 THE SECRETARY: By Senator 18 Holland, Legislative Resolution paying tribute 19 to the Rockland County citizens who 20 volunteered their time and effort to help the 21 storm victims in the North Country, to 22 recognize on February 24th, 1998. 23 ACTING PRESIDENT HOLLAND: The 24 question is on the resolution. All in favor 25 signify by saying aye. 1 (Response of "Aye.") 2 Opposed say no. 3 (There was no response. ) 4 The resolution is adopted. 5 Senator Kuhl. 6 SENATOR KUHL: Mr. President, 7 could we take up the non-controversial 8 calendar, please. 9 ACTING PRESIDENT HOLLAND: The 10 Secretary will read the non-controversial 11 calendar, please. 12 THE SECRETARY: Calendar Number 13 5, by Senator Libous, Senate Print 5053, an 14 act to repeal paragraph 3 of subdivision (a) 15 of Section 9.05 of the Mental Hygiene Law. 16 SENATOR PATERSON: Lay aside. 17 ACTING PRESIDENT HOLLAND: Lay 18 aside. 19 THE SECRETARY: Calendar Number 20 32, by Senator Alesi, Senate Print 4012-A, an 21 act to amend the Insurance Law. 22 ACTING PRESIDENT HOLLAND: Read 23 the last section. 24 THE SECRETARY: Section 14. 25 This act shall take effect immediately. 1 ACTING PRESIDENT HOLLAND: Call 2 the roll. 3 (The Secretary called the 4 roll. ) 5 THE SECRETARY: Ayes 50. 6 ACTING PRESIDENT HOLLAND: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 95, by Senator Volker, Senate Print 1708, an 10 act to amend the Criminal Procedure Law, in 11 relation to the preclusion of evidence. 12 ACTING PRESIDENT HOLLAND: Read 13 the last section. 14 THE SECRETARY: Section 3. 15 This act shall take effect immediately. 16 ACTING PRESIDENT HOLLAND: Call 17 the roll. 18 (The Secretary called the 19 roll. ) 20 THE SECRETARY: Ayes 50. 21 ACTING PRESIDENT HOLLAND: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 99, by Senator Skelos, Senate Print 3503, an 25 act to amend the Criminal Procedure Law. 1 ACTING PRESIDENT HOLLAND: Read 2 the last section. 3 THE SECRETARY: Section 5. 4 This act shall take effect on the first day of 5 November. 6 ACTING PRESIDENT HOLLAND: Call 7 the roll. 8 (The Secretary called the 9 roll. ) 10 THE SECRETARY: Ayes 51. 11 ACTING PRESIDENT HOLLAND: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 123, by Senator Holland, Senate Print 5918, an 15 act to amend the Vehicle and Traffic Law, in 16 relation to exempting vehicles. 17 ACTING PRESIDENT HOLLAND: Read 18 the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT HOLLAND: Call 22 the roll. 23 (The Secretary called the 24 roll.) 25 THE SECRETARY: Ayes 51. 1 ACTING PRESIDENT HOLLAND: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 124, by Senator Present, Senate Print 2536, an 5 act to amend the Economic Development Law, in 6 relation to directing a rural agribusiness. 7 ACTING PRESIDENT HOLLAND: Read 8 the last section. 9 THE SECRETARY: Section 2. 10 This act shall take effect immediately. 11 ACTING PRESIDENT HOLLAND: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 51. 16 ACTING PRESIDENT HOLLAND: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 128, by Senator Seward, Senate Print 1182, an 20 act to amend the County Law, in relation to 21 establishing county communications. 22 ACTING PRESIDENT HOLLAND: Read 23 the last section. 24 THE SECRETARY: Section 2. 25 This act shall take effect on the first day of 1 January. 2 ACTING PRESIDENT HOLLAND: Call 3 the roll. 4 (The Secretary called the 5 roll.) 6 THE SECRETARY: Ayes 51. 7 ACTING PRESIDENT HOLLAND: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 129, by Senator Cook, Senate Print 1419, an 11 act to amend the Real Property Tax Law, in 12 relation to statements of taxes by school 13 districts. 14 ACTING PRESIDENT HOLLAND: Read 15 the last section. 16 THE SECRETARY: Section 2. 17 This act shall take effect immediately. 18 ACTING PRESIDENT HOLLAND: Call 19 the roll. 20 (The Secretary called the 21 roll.) 22 THE SECRETARY: Ayes 51. 23 ACTING PRESIDENT HOLLAND: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 173, by Senator Trunzo, Senate Print 4277, an 2 act to amend the Civil Service Law. 3 ACTING PRESIDENT HOLLAND: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT HOLLAND: Call 8 the roll. 9 (The Secretary called the 10 roll.) 11 THE SECRETARY: Ayes 51. 12 ACTING PRESIDENT HOLLAND: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 184, by Senator Kuhl, Senate Print 546, an act 16 to amend the Agriculture and Markets Law, in 17 relation to producer referendum. 18 ACTING PRESIDENT HOLLAND: Read 19 the last section. 20 THE SECRETARY: Section 4. 21 This act shall take effect immediately. 22 ACTING PRESIDENT HOLLAND: Call 23 the roll. 24 (The Secretary called the 25 roll.) 1 THE SECRETARY: Ayes 51. 2 ACTING PRESIDENT HOLLAND: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 208, by Senator Stafford, Senate Print 121, an 6 act to amend the Environmental Conservation 7 Law, in relation to non-hazardous municipal 8 landfill. 9 ACTING PRESIDENT HOLLAND: Read 10 the last section. 11 THE SECRETARY: Section 2. 12 This act shall take effect immediately. 13 ACTING PRESIDENT HOLLAND: Call 14 the roll. 15 (The Secretary called the 16 roll.) 17 THE SECRETARY: Ayes 51. 18 ACTING PRESIDENT HOLLAND: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 211, by Senator Marcellino, Senate Print 1388, 22 an act to amend the Environmental Conservation 23 Law, in relation to exemptions. 24 ACTING PRESIDENT HOLLAND: Lay 25 the bill aside. 1 THE SECRETARY: Calendar Number 2 222, by Senator Larkin, Senate Print 6001, an 3 act to amend the Town Law, in relation to 4 exempting the Good Will Fire District in 5 Orange County. 6 ACTING PRESIDENT HOLLAND: Read 7 the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT HOLLAND: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 51. 15 ACTING PRESIDENT HOLLAND: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 223, by Senator Volker, Senate Print 222, an 19 act to amend the Penal Law and the Criminal 20 Procedure Law. 21 ACTING PRESIDENT HOLLAND: Lay 22 the bill aside. 23 THE SECRETARY: Calendar Number 24 224, by Senator Goodman, Senate Print 424, an 25 act to amend the Penal Law, in relation to 1 consecutive terms. 2 ACTING PRESIDENT HOLLAND: Read 3 the last section. 4 THE SECRETARY: Section 2. 5 ACTING PRESIDENT HOLLAND: Call 6 the roll. Last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect on the first day of 9 November. 10 ACTING PRESIDENT HOLLAND: Call 11 the roll. 12 (The Secretary called the 13 roll.) 14 THE SECRETARY: Ayes 51. 15 ACTING PRESIDENT HOLLAND: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 235, by Senator Balboni, Senate Print 5950, an 19 act to amend the Penal Law, in relation to 20 consecutive sentences. 21 SENATOR KUHL: Lay the bill 22 aside for the day, please. 23 ACTING PRESIDENT HOLLAND: Lay 24 the bill aside for the day. 25 SENATOR KUHL: At the request 1 of the sponsor. 2 ACTING PRESIDENT HOLLAND: At 3 the request of the sponsor. 4 Senator Kuhl, we'd like to read 5 a couple of substitutions, if it's O.K. with 6 you. 7 SENATOR KUHL: If you'd like to 8 do that, fine, let's do that. 9 ACTING PRESIDENT HOLLAND: 10 Secretary will read. 11 THE SECRETARY: Senator Leibell 12 moves to discharge from the Committee on 13 Housing, Construction and Community 14 Development Assembly Print 8870, and 15 substitute it for the identical Senate Print 16 6042. 17 Senator Leibell moves to 18 discharge from the Committee on Housing, 19 Construction and Community Development 20 Assembly Print 8869 and substitute it for the 21 identical Senate Bill 6043. 22 And Senator Leibell moves to 23 discharge from the Committee on Housing, 24 Construction and Community Development 25 Assembly Bill 8871 and substitute it for the 1 identical Senate Bill 6044. 2 ACTING PRESIDENT HOLLAND: 3 Without objection, the substitutions are 4 ordered. 5 Senator Kuhl. 6 SENATOR KUHL: Yes, Mr. 7 President. Can we now take up the 8 controversial calendar, commencing with 9 Calendar Number 5, by Senator Libous. 10 ACTING PRESIDENT HOLLAND: 11 Secretary will read the controversial 12 calendar, Calendar Number 5. 13 THE SECRETARY: Calendar Number 14 5, by Senator Libous, Senate Print 5053, an 15 act to repeal paragraph 3 of subdivision (a) 16 of Section 9.05 of the Mental Hygiene Law. 17 SENATOR PATERSON: Explanation. 18 ACTING PRESIDENT HOLLAND: 19 Explanation has been requested. 20 SENATOR LIBOUS: Thank you, Mr. 21 President. 22 Currently the Mental Hygiene 23 Law, Section 9.05, prohibits physicians on the 24 staff of a private hospital from authorizing 25 the admission of a mentally ill patient to 1 that hospital. 2 What this would do is remove 3 that provision and allow a physician on staff 4 to make such an examination of a mentally ill 5 individual, and it would indeed provide 6 admission for that patient. 7 ACTING PRESIDENT HOLLAND: Read 8 the last section. 9 Senator. 10 SENATOR MONTGOMERY: Yes, thank 11 you, Mr. President. 12 I would like to know if Senator 13 Libous would yield for a couple of questions. 14 ACTING PRESIDENT HOLLAND: 15 Senator Libous, would you yield? 16 SENATOR LIBOUS: Certainly, Mr. 17 President. 18 ACTING PRESIDENT HOLLAND: 19 Senator yields, Senator Montgomery. 20 SENATOR MONTGOMERY: Senator, 21 you indicate that the existing law may serve 22 as an obstacle to the timely admission of a 23 mentally ill person. Can you provide us any 24 evidence of this happening; is there some 25 indication that this is a real problem? 1 SENATOR LIBOUS: Yes. We've 2 had a number of physicians who are presently 3 at these institutions through their 4 association over the years that have come to 5 us and discussed the problem with admission 6 because presently if they're on staff they 7 have a patient who needs to be involuntarily 8 admitted that they can't get them in and 9 there's some problems that exist because 10 they're on staff. 11 SENATOR MONTGOMERY: If you 12 would continue to yield, Senator Libous. 13 In what instances are the 14 services to mentally ill patients being 15 delayed and how long are these delays, do you 16 -- is there an indication of how long the 17 delays may be? 18 SENATOR LIBOUS: I don't know 19 how long the delays are. I don't have that 20 information, but what we're -- what we try to 21 do here, Mr. President, is to make sure that 22 someone who is in need of these services can 23 get them as soon as possible, but I don't have 24 any -- I'm sure that I could dig up those 25 stories. 1 SENATOR MONTGOMERY: Just a 2 couple of other questions. The -- you 3 indicate that there is some difficulty or at 4 least the physicians have indicated. Do you 5 think that we need to take some more time to 6 study this issue before or is this -- there an 7 urgency that you think we need to move ahead 8 with this particular legislation? 9 SENATOR LIBOUS: Thank you. 10 Mr. President, I do believe we need to move 11 ahead. I believe it did pass this body last 12 year and, as I said, it has been something 13 that we've discussed for a number of years and 14 presently I know that on the books this 15 provision doesn't apply to physicians who are 16 staff members of a general hospital or a 17 state-operated facility at the present time, 18 so we feel that if it's something that doesn't 19 pertain to those particular hospitals, it 20 doesn't -- it shouldn't also pertain to some 21 of the private hospitals. 22 SENATOR MONTGOMERY: All 23 right. Thank you, Mr. President. Briefly on 24 the bill. 25 ACTING PRESIDENT HOLLAND: 1 Senator Montgomery, on the bill. 2 SENATOR MONTGOMERY: There are 3 a couple of concerns that have been expressed 4 by some of the -- the Mental Health 5 Association and mental health advocates and 6 they relate to the issue of the concern for an 7 impartial designation of people who are being 8 admitted and particularly in those instances 9 where it might be possible for an institution 10 to seek admission or to agree to having an 11 admission because it helps to fill the beds of 12 that particular facility, and it's -- this is 13 the same problem that we have experienced with 14 pre-school handicapped children or children 15 with handicapping conditions. Because many of 16 the evaluating -- evaluators have a particular 17 connection with a specific institution, we've 18 found that in too many instances children were 19 evaluated and placed in the same institutions 20 that these evaluators were connected with and 21 so that same problem is -- I'm afraid might be 22 happening vis-a-vis relaxing this particular 23 provision. 24 So I just wanted to raise this 25 with you, Senator, that there is a concern and 1 we certainly would not want to find ourselves 2 in a situation where we're having people 3 placed possibly inappropriately based on the 4 interest of an institution rather than the 5 interest of an individual. 6 Thank you. 7 ACTING PRESIDENT HOLLAND: 8 Senator Paterson. 9 SENATOR PATERSON: Thank you 10 very much, Mr. President. 11 If Senator Libous would yield 12 for a question. 13 ACTING PRESIDENT HOLLAND: 14 Senator, do you yield? 15 SENATOR LIBOUS: I would be 16 honored. 17 ACTING PRESIDENT HOLLAND: 18 Senator yields. 19 SENATOR PATERSON: Senator 20 Libous, last year I came to this chamber 21 opposed to this legislation and was persuaded 22 by the argument that you offered at that 23 particular time and since the legislation has 24 actually not passed, I just wanted to offer a 25 suggestion to you, something I thought perhaps 1 might alleviate some of the concerns of the 2 Mental Health Association and some of the 3 advocates who have voiced their concerns to 4 us, well articulated by Senator Montgomery. 5 This is simply a civil 6 commitment case under Section 9 of the Mental 7 Health -- I believe it's Section 9.43 in which 8 two physicians sign the certificate enabling 9 the institution to take control over the 10 individual who's unable to distinguish to the 11 extent that they could care for themselves. 12 The concern that Senator Montgomery raised is 13 that, if the particular physician has a strong 14 fiduciary responsibility or proprietary 15 relationship with the institution, that even 16 if the physician is trying to be fair that 17 there is certainly an implicit understanding 18 that the physician might, because of other 19 factors, be persuaded to feel that the patient 20 should be committed. 21 What I'm thinking is rather 22 than attack the problem as the law does now by 23 saying that no physician can sign the 24 statement unless they are not -- they don't 25 have a financial relationship with the 1 hospital, would it be better for two 2 physicians to sign the statement anyway, to 3 draft the legislation so that, as long as one 4 of the two physicians, provides a certificate 5 that he has no interested, financial or 6 otherwise in the hospital, then it would be 7 understood that this would be an adequate 8 commitment. 9 So my question is, would you 10 consider rather than just waiving what is 11 right now the obligation under the law, simply 12 turning it around and stating that as long as 13 one of the two physicians is unrelated 14 financially to the institution that the 15 certificate with both signatures would be 16 valid? 17 SENATOR LIBOUS: Mr. President, 18 Senator Paterson raises a good point and I'd 19 like to address that. 20 I believe, Senator, that if you 21 look at what we're asking for in the 22 legislation, this would simply allow a 23 physician to admit a patient for a 15-day 24 period so that they can make that 25 determination and get help from someone or 1 force someone who has a mental illness and we 2 have presently in place organizations such as 3 the state Mental Hygiene Legal Services or the 4 state Commission on Quality Care which exists 5 to make sure that the safeguards that are in 6 place, and we also have the Patient's Bill of 7 Rights, which guarantees that such patients 8 will be fully informed about their treatment 9 and their options that are open and available 10 to them. 11 The other point that I'd also 12 like to make that I think answers Senator 13 Paterson's concern, Mr. President, is finally 14 insurance companies pay close attention, 15 particularly nowadays and won't authorize 16 coverage of in-patient care if it isn't 17 warranted, so I believe, Mr. President, that 18 there are a number of safeguards in place and 19 particularly with, as I mentioned, the 20 Commission on Quality Care which is something 21 that we have some jurisdiction and control 22 over, and that if there was a situation that 23 did exist, where you know, people were being 24 placed arbitrarily into hospitals and that one 25 of those, that physician might have some 1 interest in the hospital, that would have come 2 to our attention quite quickly, and I think 3 that would be addressed. 4 But it's a good question. 5 Those safeguards have to be watched for. We 6 need to make sure that, as we pass a number of 7 pieces of legislation in this house, that we 8 are cautious in providing proper treatment to 9 individuals who need it on a basis that is 10 expedient but at the same time we have to make 11 sure that we are not helping others to 12 profit. 13 ACTING PRESIDENT HOLLAND: Read 14 the last section. 15 THE SECRETARY: Section 2. 16 This act shall take effect immediately. 17 ACTING PRESIDENT HOLLAND: Call 18 the roll. 19 (The Secretary called the 20 roll. ) 21 THE SECRETARY: Those recorded 22 in the negative on Calendar Number 5 are 23 Senators Abate, Leichter, Montgomery and 24 Paterson. Ayes 50, nays 4. 25 ACTING PRESIDENT HOLLAND: The 1 bill is passed. 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 211, by Senator Marcellino, Senate Print 1388, 5 an act to amend the Environmental Conservation 6 Law, in relation to exemption for hazardous 7 packaging. 8 ACTING PRESIDENT HOLLAND: 9 Senator Oppenheimer. 10 SENATOR OPPENHEIMER: I'm 11 sorry. Were we up to Calendar Number 211? 12 ACTING PRESIDENT HOLLAND: 13 That's correct. 14 SENATOR OPPENHEIMER: Could I 15 have an explanation, please, Senator 16 Marcellino? 17 ACTING PRESIDENT HOLLAND: 18 Explanation has been requested. 19 SENATOR MARCELLINO: 20 Certainly. Mr. President, thank you. 21 Mr. President, the idea of 22 recycling and packaging of products that are 23 used for the prevention of tampering or damage 24 until the product reaches the consumer is a 25 poor industry. Packaging also presents many 1 problems because, after the product reaches 2 the consumer most packaging ends up in the 3 solid waste stream. Therefore, we must have 4 effective programs in place to deal with 5 packaging the waste. 6 We also must have a means of 7 encouraging the recycling industry, which this 8 bill seeks to do. What this bill seeks to do 9 is to allow certain exemptions to occur to the 10 law which is in response to the -- an 11 organization called CONEG, which is an acronym 12 for the Coalition of Northeastern Governors. 13 These people have requested that these 14 exemptions be permitted and that they be 15 extended. 16 They exist in law now except 17 there is some confusion in the law as to how 18 many times these exemptions can be granted. 19 Certain federal legislation that exists 20 requires certain exemptions. Certain 21 packaging rules, these exemptions were made in 22 compliance with -- in accordance with the 23 federal legislation. The federal legislation 24 still exists, no change there. 25 It would seem logical to allow 1 these exemptions to move on and to still 2 continue to exist. This bill has been 3 introduced twice. In 1996 it passed 56 to 4 nothing; in 1997 it passed 58 to nothing. 5 ACTING PRESIDENT HOLLAND: 6 Senator Oppenheimer. 7 SENATOR OPPENHEIMER: Would 8 Senator Marcellino yield for a couple of 9 questions, please? 10 SENATOR MARCELLINO: Sure. 11 ACTING PRESIDENT HOLLAND: He 12 does. 13 SENATOR OPPENHEIMER: I have a 14 couple of questions on this, because I don't 15 understand how the law would pass in 1990 and 16 here we are seven, eight years later, and I 17 can't understand why -- why we haven't found 18 alternatives to this packaging because we're 19 many years later, and it was supposed to be 20 found by now; so could you explain that. 21 SENATOR MARCELLINO: Senator, 22 the alternatives that you're talking about. I 23 know what you're dealing with. You're dealing 24 with substances that are put into the 25 packaging as a result of their being 1 recycled. Any toxic substance, any heavy 2 metals that might be present in this packaging 3 comes from the fact that it is a recycled 4 substance. This is not newly added material. 5 This is not something that would be put on 6 brand new packaging or brand new stuff. This 7 is stuff that would enter as a part of it 8 being recycled perfectly. For example, this 9 piece of paper has ink on it. The ink may 10 have some substances present in it that may 11 add to the waste stream. 12 We're concerned -- that's what 13 the exemption deals with. We're trying to 14 force the recycling industry, that is a 15 marketplace-driven industry, and it is a very 16 difficult one. There are days and there are 17 months when you get paid to take certain 18 material, and they'll buy it from you. There 19 are times when a municipality or an agent 20 would have to pay to get it taken away from - 21 get it removed. It is not a simple 22 situation. It is not an easy industry to move 23 ahead. The technology is not moving as 24 quickly as anyone would like. 25 However, the problem still 1 exists. We need recycling. We want them to be 2 recycled. We're trying to encourage 3 recycling. 4 SENATOR OPPENHEIMER: I cannot 5 hear. There is an awful lot of conversation 6 going on, and I'm trying very hard to focus, 7 but it's -- it's just impossible. 8 ACTING PRESIDENT HOLLAND: 9 Could we have some quiet in the chamber, 10 please. I don't know whether it's the new 11 mikes or not, because it's more difficult to 12 hear. 13 SENATOR OPPENHEIMER: It may be 14 the new mikes, but I think I got about half of 15 what you said, Senator Marcellino. 16 SENATOR MARCELLINO: You've 17 heard more than I said then. 18 SENATOR OPPENHEIMER: What? 19 SENATOR MARCELLINO: You've 20 heard more than I said. 21 SENATOR OPPENHEIMER: Well, if 22 these exemptions, these two-year exemptions 23 are necessary because the technology hasn't 24 come along sufficiently, I mean I understand 25 we don't want this in our -- in our sites 1 because we certainly want to try and protect 2 our earth and water, but I have trouble 3 understanding why they are being recycled 4 anyway if they have contain lead, cadmium, 5 mercury, chromium, but the question I have at 6 this point is, we've been -- we've been giving 7 two-year exemptions. You come in each year for 8 a single two-year exemption. 9 This permits multiple two-year 10 exemptions. I don't understand why we have to 11 increase the time. Why are they coming back 12 every two years for the exemption? 13 SENATOR MARCELLINO: We're not 14 increasing the time, Senator. We're keeping 15 the same exemption with the change in the 16 language which says up to two years, so it 17 could be shorter if necessary, if the 18 situation changes. 19 New York State's representative 20 to CONEG has assured us that participating 21 states will -- all believe that this general 22 exemption to aid recycling will end in the 23 year 2000. 24 You seem to be having a 25 problem. I don't know whether I'm talking loud 1 enough or what. 2 SENATOR OPPENHEIMER: I'm 3 trying to hear as best I can, but these new 4 mikes don't seem to be doing much of a job 5 here. 6 I thought that the applicant - 7 through you, Mr. President, I thought the 8 applicant would come in for more than a single 9 two-year exemption; they could come in for a 10 multiple of two-year exemptions. 11 SENATOR MARCELLINO: The 12 current law, Senator, we believe is somewhat 13 ambiguous on that situation. As I said 14 earlier, the federal law requires the changes 15 that we have recycling and all of that to go 16 on. It requires it. That law still exists. 17 Those problems still exist. We see no reason 18 and there's nothing relative to changing in 19 the system or in the recycling industry to 20 warrant us to just do away with that without 21 effectively or negatively impacting the whole 22 recycling industry as well. 23 It is, as I said earlier, a 24 difficult industry at best. It is market 25 driven; it is not being driven very well 1 because the marketplace is, quite frankly, 2 saturated with an awful lot of material, so 3 we're trying to help this industry, by 4 encouraging them and encouraging business to 5 use recycled materials rather than to go and 6 say, We won't use recycled materials at all. 7 We will seek new materials. That means virgin 8 wood. That means cutting down more forests. 9 That means generating new paper products. 10 We're trying to allow them to use the recycled 11 products as much as we possibly can. 12 Nothing in this legislation 13 would provide a health hazard to any user of 14 the packaged material, so that if you picked 15 up an object that -- that contains this 16 material, there is no health hazard to you as 17 an individual consumer or anyone else. We're 18 trying to again deal with what we consider to 19 be ambiguities in the federal law and in the 20 state law. If the federal law still exists, 21 then the state law should allow for some 22 standard as long as that federal law is 23 unchanged, as long as conditions are 24 unchanged. 25 SENATOR OPPENHEIMER: O.K. If 1 the Senator would yield for another question? 2 SENATOR MARCELLINO: Sure. 3 ACTING PRESIDENT HOLLAND: 4 Senator yields. 5 SENATOR OPPENHEIMER: I can 6 understand your point and I'm willing to 7 accept the recycling aspect of it, but I don't 8 understand why a new exception was added at 9 this time and that new exception which wasn't 10 in the law for the last seven, eight years is 11 for radioactivity -- radioactive packaging. 12 That I don't understand, if it wasn't there 13 for the last seven, eight years, why is it now 14 in the law, in this act proposed? 15 SENATOR MARCELLINO: You're 16 absolutely right, Senator. That's a new 17 exemption, but those things don't end up in 18 any waste stream. We don't dump them into 19 municipal landfills. They don't go into 20 anything like that. They're very carefully 21 dealt with and they're carefully removed and 22 packaged in their own methodology. They're not 23 put into your typical waste stream. They 24 don't hit municipal landfills and the like. 25 SENATOR OPPENHEIMER: Can you 1 tell me -- through you, Mr. President, can you 2 tell me why that wasn't -- why that is now 3 necessary in this law when it wasn't in the 4 last law, the one from 1990? 5 SENATOR MARCELLINO: This had 6 been -- this particular exemption, Senator, 7 I'm sure -- I just wanted to check with 8 counsel, but this particular exemption has 9 been in the last two bills that passed both 10 the last two years. This is not new, 11 Senator. This has been in the bill for the 12 last two years. 13 SENATOR OPPENHEIMER: So, not 14 new. 15 SENATOR MARCELLINO: That's why 16 I wanted to check, Senator. 17 SENATOR OPPENHEIMER: Also, it 18 was pointed out to me that in paragraph 4, as 19 opposed to paragraph 3, these are not 20 recyclables. Paragraph 4 is not recyclable 21 material, so the - 22 SENATOR MARCELLINO: I'm sorry, 23 I did not -- I didn't think you asked a 24 question, quite frankly. 25 SENATOR OPPENHEIMER: The 1 items, the new paragraph 4, these are not 2 recyclables that are mentioned in paragraph 3 4. 4 SENATOR MARCELLINO: The new 5 exemptions in paragraph 4 are not in paragraph 6 4; that's what I heard. 7 SENATOR OPPENHEIMER: The new 8 exemptions in paragraph 4 are not 9 recyclables. 10 SENATOR MARCELLINO: Is that my 11 understanding? 12 SENATOR OPPENHEIMER: They are 13 not part of our recycling, paragraph 4. 14 SENATOR MARCELLINO: You're 15 saying those things are not recyclables, but 16 they relate to a different exemption. 17 SENATOR OPPENHEIMER: Well, I 18 can -- through you, Mr. President, I can buy 19 into your recycling argument, but now here I 20 have a full paragraph which has nothing to do 21 with recycling, so now I'm back to confusion. 22 SENATOR MARCELLINO: What are 23 you referring to? 24 SENATOR OPPENHEIMER: Referring 25 to paragraph -- section 4. 1 SENATOR MARCELLINO: We've 2 taken some language from section 2, deleted it 3 from 2 and put it into 4. That's basically 4 what's happened, just a rearrangement of the 5 language. 6 SENATOR OPPENHEIMER: But, if I 7 may, through you, Mr. President. If this is 8 not part of recycling, then why are we doing 9 it? The packaging was considered hazardous 10 packaging with implications for children's 11 health, mental incapacities, potential cancer, 12 and -- and if this is not part of the 13 recycling stream, then why are we doing it? 14 SENATOR MARCELLINO: Senator, 15 as I said earlier, this is part of existing 16 law now. We're not adding any new law here. 17 This is existing law. What has been done is 18 the language has been, for the technocrats' 19 purposes, cleaned up a little bit by moving it 20 from one section to another, but it is in 21 existing law. You can go back to it and look 22 at it again; it's there. 23 SENATOR OPPENHEIMER: Well, 24 through you then, Mr. President, I question 25 why we are doing it, if one can believe that 1 the recycling would be in diminishing amounts 2 in the new product because part would be 3 eventually through recycling, it would get to 4 be smaller and smaller amounts that are used 5 in the new process, in the new packaging. If 6 I can buy into that, I can't buy into that 7 there's no recycling involved at all. 8 SENATOR MARCELLINO: Up to a 9 point, it would diminish because you can only 10 reuse and reuse, but after a while you can't 11 recycle everything over again forever. 12 Recycled materials becomes a problem. You 13 have to sometimes go back, because of the 14 strength of the packaging and the consistency 15 of the packaging you need to go back and bring 16 in new stuff to a certain extent so you can 17 not just keep on recycling. 18 It's a nice idea but we 19 ultimately end up with nothing new. We'll 20 just keep on reusing the same old material. 21 That would be fine if you got it all back, 22 which you don't, because some of it becomes 23 contaminated, you can't get it all back; and 24 it would be also fine if the consistency was 25 there, the strength and the durability was 1 there. The recycled materials do not hold up 2 necessarily when they're reused more than a 3 few times, so that you have to weigh the 4 content. 5 All of these things caused to 6 make the industry what it is and that is an 7 evolving industry and it's still changing and 8 will continue that way for a long time. We 9 need to encourage that. Federal legislation 10 has set a certain standard that we see the 11 need for certain exemptions. They do too, but 12 the way the bill was written originally, it 13 didn't allow for more than or at least 14 apparently doesn't allow for more than one 15 exemption or one sequence. 16 We believe the intent was to 17 allow for these exemptions to continue as long 18 as the need continues. The need is still 19 there. The federal legislation is still 20 there. We're cleaning up the language; that's 21 all we're doing here, Senator. 22 SENATOR OPPENHEIMER: Thank you 23 very much, Senator. 24 On the bill. 25 ACTING PRESIDENT HOLLAND: 1 Senator Oppenheimer, on the bill. 2 SENATOR OPPENHEIMER: I have in 3 the past supported this bill, and I did feel 4 that we have to give time to -- to industry to 5 come up with viable alternatives to -- to the 6 hazardous packaging and I -- I do understand 7 the recycling aspect of it and, you know, 8 eventually have smaller and smaller amounts of 9 the recycled material that will be utilized in 10 the new packaging. 11 I can buy into that, but I'm 12 going to be voting no on the bill because it 13 seems to me that it's simply enough is 14 enough. We have been waiting seven to eight 15 years to get a reduction in the hazardous 16 packaging, and there's a large portion of this 17 bill which is devoted to hazardous packaging 18 that is not in the waste stream, that is not 19 being recycled. 20 So I feel that we have waited 21 long enough for viable alternatives to this 22 packaging which we believe -- many of us 23 believe that these substances -- these 24 substances can cause considerable damage to 25 the nervous system and to learning 1 disabilities and cancer, and I just think 2 enough is enough. We've waited long enough 3 for an alternative. 4 I'll be voting no. 5 ACTING PRESIDENT HOLLAND: Read 6 the last section. 7 THE SECRETARY: Section 7. 8 This act shall take effect on the 120th day. 9 ACTING PRESIDENT HOLLAND: Call 10 the roll. 11 (The Secretary called the 12 roll. ) 13 THE SECRETARY: Those recorded 14 in the negative on Calendar Number 211 are 15 Senators Leichter, Montgomery, Oppenheimer, 16 Paterson and Smith. Ayes 51, nays 5. 17 ACTING PRESIDENT HOLLAND: The 18 bill is passed. 19 Senator Kuhl, with your 20 permission, we'd like to step away from the 21 controversial calendar. 22 Negative. Secretary will 23 read. 24 THE SECRETARY: Calendar Number 25 223, by Senator Volker, Senate Print Number 1 222, an act to amend the Penal Law and the 2 Criminal Procedure Law, in relation to term of 3 imprisonment. 4 SENATOR VOLKER: Mr. President, 5 this bill, I think the best term for it was 6 coined last year, is called "three times and 7 you're out". The bill, by the way, passed 8 last year 49 to 7 and the year before passed 9 46 to 8. I guess we're doing a little better, 10 sort of; but at any rate -- anyways, what the 11 bill says basically is -- and keep in mind 12 that there's a very limited number of people 13 that are involved in this because we always - 14 already have the persistent violent felony 15 bill which sends people away for a 16 considerable piece of time. 17 What this would -- this is a 18 third offense for a violent felony offense and 19 we have specifically listed, these are the 20 most -- the heaviest of crimes, would say that 21 the minimum penalty would be 25 years to 22 life. 23 Now, frankly, in most cases on 24 the second offense, depending on -- obviously 25 on the two violent felonies, that person will 1 have spent a lot of time in jail already, so 2 you're really talking about what we call here 3 professional violent felons in a sense. These 4 are heavy people. These are not people who 5 are ordinary violent offenders. These are 6 people who have gone through the mill on 7 several occasions, and now this is the third 8 time that they're arrested and convicted of a 9 violent felony offense. 10 It also has certain limitations 11 in it relating to plea bargaining and pleading 12 in the violent felony offense area. One of 13 the things I think everyone should understand 14 is that, despite comments to the contrary, in 15 a lot of these -- in legislation, we can say 16 that there is never any particular plea 17 bargaining in these areas but, of course, 18 there's always the possibility for plea 19 bargaining. What this bill would do would set 20 certain limitations for people who are in the 21 violent felony offense category. 22 As I say, this bill has passed 23 for the last several years, and that's 24 basically the bill. 25 ACTING PRESIDENT HOLLAND: 1 Senator Montgomery. 2 SENATOR MONTGOMERY: Yes, thank 3 you, Mr. President. 4 I would just like to ask 5 Senator Volker if he would yield for a couple 6 of questions. 7 SENATOR VOLKER: Sure. 8 ACTING PRESIDENT HOLLAND: 9 Senator yields. 10 SENATOR MONTGOMERY: Senator, 11 it's my understanding that, in fact, the 12 incidence of violent crime has been 13 decreasing, if you will, so that we're 14 experiencing a very large drop in the violent 15 crime that you're talking about. Is that not 16 the case, or is that a misunderstanding? 17 SENATOR VOLKER: Let me just 18 say, actually you're actually right and let me 19 just say the memo -- I realize just looking at 20 the memo here, and I apologize. This memo was 21 given to us some years ago and it's 22 fascinating that it talks about the incredible 23 rate and rise in violent crime. 24 Let me point out to you that 25 that incredible rate in violent crime has 1 declined dramatically since we have been 2 locking people up, especially violent 3 criminals over the last three to four years in 4 particular. You can make an argument, I think 5 it's a very good argument, that we have really 6 clamped down on people and beginning to make 7 sure that the really violent people are going 8 to jail, that the rate of violent crime has 9 begun to drop dramatically. 10 That doesn't mean that we still 11 don't have a high violent crime rate but what 12 it means is that it has dropped off 13 dramatically and you are absolutely right. 14 SENATOR MONTGOMERY: Now, as I 15 read the legislation, Senator Volker, through 16 the Chair, we -- you are changing the category 17 of persistent violent felony offender to 18 predicate; is that what the language change 19 is? 20 SENATOR VOLKER: No, actually 21 what we're doing is we're adding -- persistent 22 violent felony offender has been in the law 23 for some time. 24 SENATOR MONTGOMERY: Right. 25 SENATOR VOLKER: But what we're 1 doing here is we're adding that and actually, 2 the predicate, what we are doing here we are 3 taking -- you have a person who is already 4 subject to the Persistent Violent Felony 5 Offender Law which we passed here, by the way, 6 many years ago now comes out and now permits 7 another violent felony offense, so the 8 predicate becomes the violent -- the previous 9 violent felony offenses. 10 That person is the one we are 11 now subjecting to 25 years to life. 12 SENATOR MONTGOMERY: The - 13 just for information purposes, Senator. 14 SENATOR VOLKER: Sure. 15 SENATOR MONTGOMERY: Persistent 16 violent felony offenders likely to have been 17 incarcerated previously? 18 SENATOR VOLKER: They have - 19 well, they have to have been incarcerated 20 essentially previously, because these are, as 21 I say, these are not -- these are heavy 22 people. These are people who have -- the 23 violent felony offenders are people who are 24 limited categories of offenses in the law 25 involving, you know, personal crimes, man 1 slaughters, sodomy, rapes, those sort of 2 things, and murderers in certain cases, I 3 suppose, so we are talking about a limited 4 group of people who commit a lot of violent 5 crimes. 6 So this, by the way, so you 7 understand, we're not changing the Persistent 8 Violent Offender Law or anything like that. 9 We're just adding an additional category for 10 somebody who has been through the previous 11 cycle, has committed the two previous violent 12 felony offenses and now they do the third and 13 when they do the third now, we're putting in 14 what we call a "three times and you're out". 15 You know, "two times and you're out" has been 16 presented. We're calling this "three times 17 and you're out" and, as somebody said, three 18 times and you're really out. 19 SENATOR MONTGOMERY: Thank you, 20 Senator Volker. 21 On the bill, Mr. President. 22 ACTING PRESIDENT HOLLAND: 23 Senator Montgomery, on the bull. 24 SENATOR MONTGOMERY: Senator 25 Volker is proposing that the minimum sentence 1 for a violent felony offender in this 2 category, if I read the bill correctly, be 3 increased from a minimum of two to ten, ten 4 years to a minimum of 25 years, am I -- and. 5 If that is the case, I certainly understand 6 what Senator Volker is seeking to do and that 7 is to make sure that a person who continues to 8 commit violent offenses for certain is 9 incarcerated. 10 However, one of the main 11 problems that we have with -- as our system 12 now exists, is that we have basically stripped 13 away much of the support services that keep 14 people from, in fact, returning to crime and 15 thereby returning to -- back into the system. 16 So without -- without a strong 17 system of education, drug -- drug 18 rehabilitation, employhment, skills 19 development of people who are incarcerated, 20 this legislation will do nothing more, it 21 seems to me, than to force us to build more 22 prisons because we now have people who are 23 just going to be warehoused there for 25 years 24 perhaps, rather than 10 years. When they come 25 out, they will still be left with the same 1 problems that they had when they went in, and 2 so the -- the legislation, while certainly 3 it's going to increase the length of time the 4 people are going to be in minimally, it won't, 5 in fact, reduce the problem that we're trying 6 to address here because once they come out, 7 they just will have had 10 to 12 to 15 more 8 years in the same situation without having the 9 kind of remediation that would be required in 10 order for them to, in fact, change their 11 behavior. 12 So I will vote as I did last 13 year on this legislation, and I note that 14 there were several other of the members who 15 did vote against this legislation including 16 Senator Connor, Senator Leichter, Senator 17 Waldon, Senator Smith, Senator Sampson, 18 Senator Paterson, and myself. 19 Thank you, Mr. President. 20 ACTING PRESIDENT HOLLAND: 21 Senator Leichter. 22 SENATOR LEICHTER: Yes. Would 23 Senator Volker yield, please? 24 SENATOR VOLKER: Certainly. 25 ACTING PRESIDENT HOLLAND: 1 Senator yields. 2 SENATOR LEICHTER: Senator, I 3 appreciate your statement that you intend this 4 bill to apply to, as you call heavy people, 5 not -- I mean it still does apply to people 6 who weigh more than 200 pounds. What you're 7 intending is those who are a menace to 8 society; but, right now, if somebody commits 9 that third offense and it's a particularly 10 heinous offense, a judge could sentence that 11 particular defendant or criminal, if you will, 12 to a life term, can he not? 13 SENATOR VOLKER: He could. In 14 all honesty, Franz, what this really 15 effectively does is raise the minimum. I mean 16 for various reasons it raises the minimum from 17 20 to 25 years to life. In other words, you 18 know the complications here. We're talking 19 about violent felony offenders to start with 20 and, as I understand it, if you get into the 21 minimum situation and the predicate felony 22 situation, once you get past and into the 23 third offense, although it's arguable that 24 there's a way of getting away from the 20 25 years, but the general -- when we did the 1 mockup on this bill, so to speak, it 2 essentially increases the minimum sentence 3 from, I believe it's 20 to 25 to life or 4 something like that, but 25 to life. 5 We're not -- this isn't a 6 dramatic increase. What it's designed to do 7 is, in all honesty, it was a follow-up to the 8 death penalty. It's a follow-up in a sense to 9 the death penalty, because what we're doing, 10 we're using this as the next sentence down for 11 extreme violent felony offenders where the 12 death penalty statute, the second or second - 13 murder second, which used to be the top 14 penalty was 25 years to life, and we're saying 15 that these are the next people in line in a 16 sense when they are triplicate violent felony 17 offenders. 18 SENATOR LEICHTER: Mr. 19 President, if Senator Volker would continue to 20 yield. 21 SENATOR VOLKER: Sure. 22 SENATOR LEICHTER: What you're 23 really doing here is limiting very severely 24 the discretion that judges have. Wouldn't 25 that be a fair statement? 1 SENATOR VOLKER: Not very 2 severely but we're limiting it somewhat. 3 They're already limited to some extent because 4 of previous legislation that we passed. It 5 does tighten up, that's true, it does tighten 6 up for triplicate felony offenders, but 7 there's some limitations already in the law 8 relating to these people because they are such 9 severe violent felony offenders and we have to 10 keep in mind something here, that these are 11 people that obviously have spent a lot of time 12 in jail and, when you say that there are not 13 services or something for them, I'm not 14 exactly sure what services we can provide for 15 these people. 16 I mean these are not your 17 average ordinary criminals. These are people 18 who have been in the system probably for 25 or 19 30 years and are still committing very serious 20 crimes, and I think that's why this bill is - 21 is here, and that's why it is -- this is, 22 frankly, a middle ground between the second 23 so-called "two times and you're out" and - 24 and the -- and the more moderate, the more 25 moderate sentence. 1 SENATOR LEICHTER: Mr. 2 President, if Senator Volker would yield to 3 another question. 4 Senator, you know, right now, 5 we have somebody who has committed two serious 6 violent felonies and he commits another 7 serious violent felony. The judge can 8 sentence him to a life term. So we have a way 9 right now of dealing with that person who 10 really cannot be rehabilitated, who has had 11 already two chances, and with such a threat to 12 society that we could make the determination 13 that person either has to spend the rest of 14 his days in jail or should spend time in jail 15 for many, many years until he really will be 16 so old as not to be a threat. 17 What I'm concerned about, 18 Senator is there are differences in violent 19 felonies. You'll agree with me on that. Some 20 that are less heinous, there are some that are 21 very heinous. My concern is, and maybe you 22 can address that is, somebody who has had two 23 violent felony offenses and he's out and he 24 maybe gets into a brawl in a bar. Under some 25 circumstances the physical nature of that 1 could result in his being charged with a 2 violent felony. 3 My question is, do you want to 4 treat that person the same way as that person 5 who, I think I gave that example having been 6 in jail two times, now he's involved in an 7 armed robbery, and he shoots somebody; but 8 under your bill, the judge would not be able 9 to make any differentiation, isn't that true? 10 SENATOR VOLKER: Franz, I 11 assume if you mean he's in a brawl, he's in a 12 violent felony offense; he's either killed 13 somebody or almost killed somebody because 14 that would be the most likely violent felony 15 that I could think of that would constitute 16 the third. 17 Franz, let's keep this in mind 18 when you're talking about life imprisonment, 19 the life imprisonment might mean what is the 20 minimum for that life imprisonment. The judge 21 just doesn't sentence somebody to life 22 imprisonment. I believe the maximum would be 23 20 years to life if I'm not mistaken. 24 What this does, in effect, is 25 push up the minimum to 25 from 20 years to 1 life. It pushes it up to 25 years to life. 2 Now, the district attorney, by the way, and 3 you know very well if he's not really -- if 4 he's not charged with a violent felony 5 offense and the jury is not going to be 6 inclined to feel that it is a serious offense, 7 the D.A., of course, can plead it out if he 8 wants to; but the thing is once a person has 9 committed that third serious offense and 10 that's what this is all about, he's in a 11 position or she's in a position where they 12 have had two times before this to -- to make 13 decisions. 14 This is not, you know, a minor 15 offender. This is a very serious offender. 16 SENATOR LEICHTER: Mr. 17 President, on the bill. 18 ACTING PRESIDENT HOLLAND: 19 Senator Leichter, on the bill. 20 SENATOR LEICHTER: Let me first 21 thank my friend, Senator Volker, for his 22 answers. 23 Senator, I must say that I 24 consider this a harsh and an unnecessary 25 bill. I think you yourself in a sense stated 1 how unnecessary it was by pointing out that 2 we've had a significant decline in crime, 3 particularly in violent crime. 4 Now, whatever the reasons for 5 that is, and the criminologists and 6 penologists really are unable to come and 7 point to any of one thing, you point to the 8 highest sentences that have been imposed in 9 this state and I can't say that isn't a 10 factor. I think most people are more inclined 11 to think it's a matter of the demographics and 12 the fact that there are less younger people, 13 those who are inclined to commit crimes, who 14 are currently in our society and that crime 15 rate will probably go up as we get an increase 16 in that younger population; but whatever the 17 reason, the fact -- the point is that we've 18 had this decline in crime. We've had this 19 decline in violent crime absent this very 20 draconian bill. You yourself said, Well, it 21 was written many years ago and that's why your 22 memorandum, which I was going to question you 23 on, but you pointed it out, it starts off, and 24 it -- or the second paragraph says, 25 "unmistakably crimes of violence in this 1 state are on the rise." 2 Well, they're not on the rise. 3 They're on the decline. Maybe when you first 4 drafted this bill maybe there was some 5 justification for it. I would have argued 6 against it even at that time, but by your own 7 terms there's no justification for it now, and 8 I think Senator Montgomery made some very 9 valid points. We've increased the jail 10 population in this state from when I think I 11 came to the Legislature it was probably less 12 than 15,000. We're now approaching 70,000. 13 We're looking at a population and that may go 14 as high as $100,000 -- 100,000 people. 15 I don't think this is necessary 16 for the protection of society. I think we 17 have to take a look at really whether we're 18 not becoming a society where our only answer 19 is increased penalties; build more jail cells; 20 incarcerate people. I think there are other 21 answers. There are other approaches, and there 22 are other needs that this society has, and 23 looking at the current situation of crime in 24 this state, I don't find any reason or 25 justification for taking away from judges the 1 power that they now have to already impose 2 extremely severe sentences. 3 It's, as you said, well, they 4 can now sentence somebody to 20 years to 5 life. How much more do you want to do? You 6 say, Well, this is a natural corollary to the 7 death penalty. I don't know what that means 8 and, as you know, I'm a strong opponent of the 9 death penalty, but I don't think that just 10 because we now have the death penalty means 11 that we've now got to raise every other 12 penalty in this state, which seems to be the 13 argument you are making. 14 So I strongly urge us not to 15 adopt this measure, to have some balance, some 16 reason to have some other approach than just 17 say, Well, every day we're going to increase 18 some penalty and provide even more people for 19 jails. I think this bill is a mistake. 20 ACTING PRESIDENT HOLLAND: 21 Senator Gold. 22 SENATOR GOLD: Thank you, Mr. 23 President. 24 Will Senator Volker yield to a 25 question, please? 1 SENATOR VOLKER: Certainly. 2 ACTING PRESIDENT HOLLAND: 3 Senator yields. 4 SENATOR GOLD: Senator, I've 5 been hearing a lot in the -- and, by the way, 6 I'd like to face you, but the new rule is 7 we're supposed to look at the microphone. 8 Senator, I've been hearing a 9 lot lately about this business of terminating 10 parole and, while some people are under the 11 impression that everyone going to jail for 12 life, we all know that's not true and that if 13 there is an end to parole, we'll probably be 14 talking about some kind of a definite 15 sentencing system, and my question, Senator, 16 is with all of your good intentions in this 17 area -- and I know they are very sincere - 18 why would we do this bill today if, in fact, 19 we've got this proposal coming from the 20 Governor, and I think that people are going to 21 at least look at it -- whether we adopt it is 22 another issue -- but doesn't it make more 23 sense, and it's sort of I guess a combination 24 between you and Senator Leichter, and doesn't 25 it make more sense to, maybe once and for all, 1 take a look at the sentencing structure in one 2 piece rather than examining it in bills which 3 may conflict with something we may want to do 4 in a month from now? 5 SENATOR VOLKER: Senator, the 6 problem with that is -- and that would be 7 fine. We've been working at this, the issue 8 of sentencing obviously for years and years. 9 In fact, you might be interested to know that 10 we're just finishing a review that I did 11 because there's been so much talk about the 12 Rockefeller drug laws and sentencing. I had 13 my counsel do a review of all we've done since 14 -- since the late '60s in sentencing which 15 we're going to release fairly shortly, that 16 shows an enormous change over in sentencing 17 and in the way we handle not only drug laws 18 but violent offenders, and so forth. 19 I think that, yeah, I think the 20 Governor is about to come out with a bill 21 relating to limitations of parole. That bill, 22 as I understand it, and I haven't seen it yet 23 obviously, is talking about limitations of 24 parole for first offenders and, Senator, we 25 still have people who are already now in jail, 1 violent felony offenders, who in a first 2 offender bill will not have a -- necessarily 3 any impact on where this bill here that 4 relates to these people who are third time 5 offenders will directly relate to them. 6 Now, you -- I think you can 7 make an argument, I suppose, that we could 8 wait to see if the Assembly will accept the 9 Governor's proposal and, if we can come to an 10 agreement, but it's my position that this is a 11 proposal that has been around for a number of 12 years. I think it makes sense in the -- in 13 the area of sentencing for again third time 14 violent felony offenders, let me make that 15 very clear, and it just seems to me that this 16 makes a great deal of sense and it's something 17 that I think we should put out on the floor 18 and look at and talk with the Assembly on, as 19 we have and, in fact, if I'm not mistaken 20 several people in the Assembly have said that 21 they think this bill is something that should 22 be looked at. In fact, I think one very 23 prominent person in the Assembly said that 24 this is something that they want to look at. 25 SENATOR GOLD: Mr. President, 1 on the bill. 2 ACTING PRESIDENT HOLLAND: 3 Senator Gold, on the bill. 4 SENATOR GOLD: Senator, when 5 you say it's something that we should look at, 6 the fact is we have looked at it in '95; we 7 looked at it in '96, Senator Volker, and we 8 looked at it in '97, and here we are again and 9 the Assembly knows that this house, in spite 10 of the opposition from a number of people, 11 they know that this bill can pass. 12 One of the things -- one of the 13 thoughts I had when I was listening to Senator 14 Leichter, was a statement made by a doctor 15 years ago when he was asked by some very 16 nervous parents whether their child would 17 survive a certain piece of surgery, and the 18 doctor looked at the parents and said, 19 "Please, this is very, very, very difficult 20 surgery," and there was a pregnant pause and 21 then the doctor said, "We do it every day." 22 Senator, in sentencing, if we 23 are going to accomplish what Senator Leichter 24 suggested, which I think everybody understands 25 has a certain reasonable basis to it, it may 1 not be the easiest way to do it, but people do 2 it every day in the federal courts where they 3 work on a grid system, and I'm not saying that 4 that's the end all of all intelligence, but 5 they take a look at crimes and even within a 6 specific crime, they look at the criminal and 7 the crime is on one side of the grid and the 8 criminal is on the other side of the grid and 9 circumstances of the crime get worked in there 10 and you wind up with something like Senator 11 Leichter is talking about, where differences 12 in crimes perhaps are treated differently and 13 there's a more intelligent approach. 14 I think that, if the public and 15 the political community believes that parole, 16 quotes/unquote, should be ended, then 17 everybody in this chamber knows you're going 18 to be talking about a new sentencing 19 structure, because under a parole system if 20 somebody is now spending four years in jail 21 let's say and then they get paroled, if we end 22 parole, we may change the sentence to be four 23 years, and then put the person on probation 24 because nobody is suggesting that all of a 25 sudden, something which the law says, somebody 1 goes up to eight years is going to do eight 2 years. That's not true because everybody 3 knows, when you get eight years everybody 4 knows you get three years, and you get this, 5 so everybody knows we are going to have to do 6 restructuring of this sentencing, and, Senator 7 Volker, from my point of view, I am glad that 8 you are one of the people that will be 9 involved because I think you bring a common 10 sense attitude towards it. 11 But I think while I've gone 12 back and forth on this bill in my mind, going 13 back over the years, this year I am going to 14 oppose it only because I think that I don't 15 want us jumping at these proposals so that the 16 Assembly knows we can do it. The Assembly 17 knows. The make-up of this house since 1995 18 has not changed that much, unfortunately for 19 my side, and the Assembly knows that we can 20 pass it, and I think that this year if we're 21 going to get a budget on time which I'm, very 22 hopeful maybe we'll do that, and if we're 23 going to get out of here on time, we ought to 24 perhaps, instead of spreading out the debate 25 to bring everything in. 1 I know that the leader of this 2 house doesn't want us to have inactivity, and 3 one of the ways we do that is by spending 4 January and February with old chestnuts 5 because his people can work on the budget 6 without thinking too hard because we've had 7 all of these bills before, but I don't really 8 know that that really makes too much sense, 9 and this is an area this year where perhaps we 10 can do something that is really meaningful in 11 the whole sentencing structure, and I'm not so 12 opposed to a definite system if it's worked on 13 a grid and it takes into consideration all 14 different kinds of aspects. 15 But I would just urge, Senator 16 Volker, that things like this ought to wait. 17 They ought to wait until we get all of the 18 proposals out there and see whether the 19 Legislature is going to move in that area. 20 So this year respectfully, I'm 21 going to vote not to pass it. 22 ACTING PRESIDENT HOLLAND: Read 23 the last section. 24 THE SECRETARY: Section 5. 25 This act shall take effect immediately. 1 ACTING PRESIDENT HOLLAND: Call 2 the roll. 3 (The Secretary called the 4 roll. ) 5 ACTING PRESIDENT HOLLAND: 6 Senator Paterson, why do you rise? 7 SENATOR PATERSON: Mr. 8 President, I'd like to explain my vote. 9 ACTING PRESIDENT HOLLAND: 10 Senator Paterson, to explain his vote. 11 SENATOR PATERSON: Mr. 12 President, I think Senator Volker made a point 13 that probably is important that we are talking 14 about people who are predicate felons; we are 15 talking about people who have now committed 16 their third violent felony. 17 My feeling, however, is that by 18 the time they commit their third violent 19 felony and when you factor in the period of 20 time that they would be spending behind bars 21 that we are actually turning our prisons into 22 geriatric wards, and we're also accruing a 23 tremendous cost to the state to house the 24 number of people who will probably age out in 25 terms of their capacity to further become 1 violent. 2 The reason I'm voting against 3 this legislation is that although we can take 4 into account previous acts when -- when 5 issuing a sentence for a third violent felony, 6 we can't take that into account when actually 7 conducting the trial, so in other words, in an 8 place like the Bronx which has an 84 percent 9 conviction rate -- I'm sorry, 84 percent of 10 cases pleaded out, Manhattan is 81 percent 11 pleaded out, the general average is about 81 12 percent of cases are pleaded out, the 13 conviction rates in these same areas are 14 generally 15 to 20 percent lower, so you're 15 going to get a conviction rate in the 60s for 16 these violent third felony cases because the 17 individuals, since the sentence is mandatory, 18 are going to opt for a trial, knowing full 19 well that they can't plead these cases out 20 since the legislation actually restricts plea 21 bargaining to a certain extent. 22 So I think that we're going to 23 be housing a number of people who -- in your 24 prisons who are no longer violent and we're 25 actually going to be losing perhaps 15 to 20 1 percent of the individuals who we try because 2 knowing that there's no judicial discretion 3 and that this will be a mandatory sentence for 4 the third violent felony offense, they're 5 going to opt to go to trial and many of them 6 are going to slip through the cracks. 7 So I just think that any judge 8 who can't understand that a third violent 9 felony should probably receive the kind of 10 sentence that Senator Volker is proposing in 11 the legislation maybe shouldn't be sitting on 12 the bench in the first place. 13 I think this is a case of 14 judicial discretion, and more so a lack of 15 faith in judicial discretion more so than what 16 would really be a mandatory sentence which I 17 suggest that if we execute a mandatory 18 sentence, we're going to have more trials and 19 more individuals who should be behind bars 20 going free to commit their fourth violent 21 felony offense. 22 ACTING PRESIDENT HOLLAND: How 23 do you vote, Senator? 24 SENATOR PATERSON: Oh, I'm 25 sorry, Mr. President. I vote no. 1 ACTING PRESIDENT HOLLAND: 2 Senator Paterson votes no. 3 THE SECRETARY: Those recorded 4 in the negative on Calendar Number 223 5 Senators Connor, Gold Leichter, Montgomery, 6 Paterson, Santiago, Seabrook and Smith. Ayes 7 48, nays 8. 8 ACTING PRESIDENT HOLLAND: The 9 bill is passed. 10 That completes the 11 controversial reading of the calendar. 12 Senator Kuhl. 13 SENATOR KUHL: May we return to 14 motions and resolutions. I believe there's a 15 privileged resolution at the desk by Senator 16 Bruno. I would move its adoption. Ask the 17 title be read and move its adoption. 18 THE SECRETARY: By Senator 19 Bruno, Legislative Resolution memorializing 20 Governor George E. Pataki to proclaim February 21 23rd as Permanent Rotary International Day in 22 the state of New York and designating the week 23 following as Rotary International Week in the 24 state of New York. 25 ACTING PRESIDENT HOLLAND: The 1 question is on the resolution. All in favor 2 say aye. 3 (Response of "Aye.") 4 Those opposed say no. 5 (There was no response.) 6 The resolution is adopted. 7 Senator Kuhl. 8 SENATOR KUHL: Also, Mr. 9 President could we have the title to a 10 resolution by Senator Montgomery, Senate 11 Resolution 2537, read. The resolution was 12 previously adopted by the house, and then 13 would you recognize Senator Montgomery. 14 ACTING PRESIDENT HOLLAND: The 15 Secretary will read. 16 THE SECRETARY: By Senator 17 Montgomery, Legislative Resolution 18 memorializing Governor George E. Pataki to 19 proclaim Monday, February 23rd, 1998 as Boys 20 and Girls High School Football Team Day in the 21 state of New York. 22 ACTING PRESIDENT HOLLAND: 23 Senator Montgomery. 24 SENATOR MONTGOMERY: Thank you, 25 Mr. President. 1 It gives me great pride and 2 pleasure to acknowledge a wonderful 3 accomplishment by one of the premier high 4 schools in my district, Boys and Girls High 5 School Football Team. The team is the Red 6 Swarm, and they are the 1997 Metro Division B 7 championship team. They won their game in a 8 very, very -- championship rather in a very, 9 very tight game against Erasmus High School, 10 another high school that happens to be in 11 Senator Marty Markowitz' district, so for 12 once, Bed-Stuy has beaten Senator Marty Marty 13 Markowitz' team. They won 20 to 18, so it was 14 a very close championship game. 15 The team members are here today 16 with us. We honored them earlier, by having 17 lunch with them. Assemblyman Vann has given 18 each of the team members a certificate, but 19 now in the Senate, I am very pleased to 20 welcome and salute them. They are accompanied 21 by their dedicated and hard working team 22 coaches. Three of the coaches are here on the 23 floor with us: Head coach Ron Adams, 24 assistant coach Steve Markham, and assistant 25 coach Miles Witkoff. In addition, assistant 1 coach Maberti and assistant coach Bernard 2 Gilliam are also accompanying the team. 3 I am proud because these young 4 people have demonstrated and bring to us what 5 excellence means, that it means to be a 6 winning team, but more importantly, they 7 represent for me personally and particularly 8 the best of young men from Bedford-Stuyvesant, 9 so I'm very proud of them and I certainly hope 10 that this victory in 1997 is only a 11 beginning. It's a break in 21 years of not 12 having such victories, but certainly I am sure 13 that the next 21 years will bring a lot more, 14 a lot more winning championships for Boys and 15 Girls High. 16 Thank you very much, Mr. 17 President for allowing me to acknowledge these 18 young men today. 19 ACTING PRESIDENT HOLLAND: 20 Thank you, Senator Montgomery. 21 Senator Smith. 22 SENATOR SMITH: Thank you, Mr. 23 President. 24 I too, as the other African 25 American female in the New York State Senate 1 and the other person representing part of 2 Bed-Stuy, am very pleased to welcome you here 3 today. Boys and Girls High is an out -- makes 4 outstanding contributions to our community. 5 The history of Boys High goes back to the days 6 when I was in school and the athletes are 7 still as good or better than they ever were. 8 Not only do they contribute on 9 the athletic field, but they contribute in the 10 classroom. You have outstanding coaches and 11 then you have a marvelous principal who is a 12 friend to all of us. I expect to be hearing 13 more from you as you go on through the 14 colleges of your choice and you excel and you 15 bring credit to the community that you 16 represent. 17 Thank you. 18 ACTING PRESIDENT HOLLAND: 19 Thank you, Senator Smith. 20 Senator Markowitz. 21 SENATOR MARKOWITZ: Thank you 22 very much Mr. President. 23 First of all, the Brooklyn Boys 24 High played Erasmus and the game was 25 tremendously tight. 1 Let me just say ever so briefly 2 back in 1961 I was a student of -- had been a 3 student one year, I forget my years at times 4 -- of Wingate High School. Wingate High 5 School that year, we lost the championship by 6 one point, one point for the entire state of 7 New York. B-o-y-s -- Boys High beat us by one 8 point. 9 SENATOR GOLD: Yeah. 10 SENATOR MARKOWITZ: But I never 11 held it against them, never because the truth 12 of the matter is that Boys High and Girls are 13 the pride of Bedford-Stuyvesant. They are the 14 pride of Brooklyn. We know Brooklyn is the 15 apple, the center of New York State, and if 16 you accept that and we all do, then we know 17 that Bedford-Stuyvesant is the heart of 18 Brooklyn. 19 Congratulations. You deserve 20 it. 21 (Applause) 22 ACTING PRESIDENT HOLLAND: 23 Thanks you, Senator Markowitz. 24 Senator Paterson. 25 SENATOR PATERSON: Mr. 1 President, I was actually born in Brooklyn. 2 My mother attended Girls High School. I grew 3 up in that area. I then moved, but I would 4 like to congratulate all the students from 5 Boys and Girls High School, and I would like 6 to congratulate the football team for their 7 success. I see they are still winning, but if 8 you were only able to beat a team that Senator 9 Markowitz was with by only one point maybe you 10 really weren't that good back then. 11 (Laughter) 12 However, he wasn't on the 13 team. So, well, that -- that notwithstanding 14 I want to congratulate them and Coach Adams, 15 they had 21 years of losing and you've turned 16 the program around. Maybe you'd consider going 17 forward and doing something for the Jets. 18 Thank you very much. 19 ACTING PRESIDENT HOLLAND: 20 Senator Stachowski. 21 SENATOR STACHOWSKI: I too 22 would like to stand up and congratulate them. 23 I know some of my colleagues are wondering why 24 I get up, but my colleague, Senator 25 Montgomery, asked if I had the opportunity to 1 play football in high school and college, she 2 thought it would be nice to say something. 3 Actually I never miss the 4 opportunity when I can congratulate a team 5 that had no wins a couple years ago and a team 6 then wins and are champions, and I know what 7 sacrifice and hard work is and all the 8 important things that go into winning football 9 but the one message I'd like to leave for the 10 younger students who are on that team, keep in 11 mind you have to do well in the classroom too 12 because no matter what you do in football, you 13 don't move on beyond high school unless you do 14 well in the classroom also, and your coaches 15 tell you that all the time but you say, Oh, 16 they're only coaches, but take it from 17 somebody who has gone through that system, I 18 know the limits you have, that if you don't do 19 well in school it doesn't matter if you're the 20 best player in the whole region or perhaps the 21 whole state, if you don't get in they can't 22 use you and the first stop the recruiters have 23 when they go to visit a school is the guidance 24 counselor's office to find out how motivated 25 you are, and if you can't get in they're going 1 to say, Young man, we can't get him in, we're 2 not going to waste his time or our time, so 3 keep that in mind despite all the hard work 4 you have to give the coach on the field, you 5 still have to do your work in the classroom. 6 Congratulations on your 7 accomplishment. 8 ACTING PRESIDENT HOLLAND: 9 Thank you, Senator Stachowski. The Red Swarm, 10 on behalf of Senator Bruno, Senator 11 Montgomery, and all of the Senators in the 12 chamber, and to the coaches, we congratulate 13 you on your championship. Keep up the good 14 work. 15 (Applause) 16 Senator Kuhl. 17 SENATOR KUHL: Yes, Mr. 18 President, is there any housekeeping at the 19 desk? 20 ACTING PRESIDENT HOLLAND: 21 There is no housekeeping, sir. 22 SENATOR KUHL: All right. There 23 being no further business, Mr. President, I 24 move we adjourn until tomorrow, Tuesday, 25 February 24th at 3:00 p.m. 1 ACTING PRESIDENT HOLLAND: On 2 motion, the Senate stands adjourned until 3 Tuesday, February 24th, at 3:00 p.m. 4 (Whereupon at 4:35 p.m., the 5 Senate adjourned.) 6 7 8 9 10 11