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State Lawmakers Put Bioterror Bill on Hold--Legislators say Pataki proposal too broad Responding to a rash of anthrax scares, Gov. George Pataki is pressing lawmakers to adopt tough new state penalties against anyone caught with biological or chemical weapons.

But his proposal got shelved, at least temporarily, yesterday in the Legislature, where lawmakers refused to pass it as rapidly as Pataki wanted, citing concerns that the legislation branded as bioterrorism some materials that had other purposes.

"There's some question about some people who, for example, carry pepper spray as a self-defense mechanism, or Clorox bleach, which is a household cleaner, and whether that comes into that definition," said Assembly Speaker Sheldon Silver (D-Manhattan).

The governor's office was not sympathetic to lawmakers' insistence on more deliberation.

"They shouldn't really need a whole lot of time to realize that we should be sending a loud and clear message that New York State won't tolerate acts of bioterrorism," said Pataki spokesman Joseph Conway. "We think it's a sound proposal, and they've had adequate time to review the details."

The bill Pataki submitted to the Legislature over the weekend would create new crimes of possessing or using a chemical or biological weapon. Those convicted of such crimes could face up to life in prison or the death sentence if someone was killed with the materials.

The bill defined a biological agent as something that could cause death or disease or ruin food, water or the environment. The new crimes would apply to anyone using or possessing these agents to intimidate a populace or government or to cause physical injury.

While the resistance to Pataki's plan was concentrated in the Democratic-controlled Assembly, there were also reservations in the Republican Senate.

Sen. Michael Balboni (R-East Williston), who sponsored a bioterrorism bill last year, said the state law should be focused on outlawing specific chemical or biological agents, thus removing the need to establish their intended use.

"Anyone who has sarin gas - they shouldn't have that," Balboni said.

The legislature is returning to Albany next Monday and may revise Pataki's proposal then.

Pataki submitted the bill after there were reports in New York, Nevada, Florida and Washington, D.C., that letters had been received that contained, or potentially contained, anthrax. Some involved various news organizations that feared they may have gotten letters containing the dangerous bacteria.

It follows his effort last month to press the legislature to rapidly create new punishments against terrorists or those that help them. Democratic members of the Assembly had reservations about the writing of those laws but passed them anyway.