Regular Session - January 20, 1993
94
1
2
3
4
5
6
7
8
9 ALBANY, NEW YORK
10 January 20, 1993
11 3:10 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR HUGH T. FARLEY, Acting President
19 STEPHEN F. SLOAN, Secretary
20
21
22
23
95
1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: Senate
3 will come to order. Senators will find their
4 places. If you will please join with me in the
5 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 clergy,
9 we will bow our heads for a moment of silent
10 prayer.
11 (Whereupon there was a moment of
12 silence. )
13 The Secretary will begin by
14 reading the Journal.
15 THE SECRETARY: In Senate,
16 Tuesday, January 19. The Senate met pursuant to
17 adjournment. The Journal of Saturday, January
18 16, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT FARLEY: Hearing
21 no objection, the Journal will stand approved as
22 read.
23 The order of business:
96
1 Presentation of petitions.
2 Messages from the Assembly.
3 Messages from the Governor.
4 Reports of standing committees.
5 Reports of select committees.
6 Communications and reports from
7 state officers.
8 Motions and resolutions.
9 We will return to reports of
10 standing committees.
11 Secretary will read.
12 THE SECRETARY: Senator Kuhl from
13 the Committee on Agriculture reports the
14 following bills directly for third reading:
15 Senate Bill Number 534, by
16 Senator Kuhl and others, Agriculture and Markets
17 Law and the Environmental Conservation Law, in
18 relation to the donation of food.
19 535, by Senator Kuhl, Agriculture
20 and Markets Law, in relation to duties of the
21 Commissioner of Agriculture and Markets.
22 536, by Senator Kuhl and also
23 Senator Maltese, Agriculture and Markets Law, in
97
1 relation to exempting small amount rabbit and
2 bird producers.
3 537, by Senator Kuhl and others,
4 Agriculture and Markets Law, in relation to
5 exempting working search dogs for licensing
6 fees.
7 Senator Skelos from the Committee
8 on Aging reports directly for third reading:
9 Senate Bill Number 177, by
10 Senator Holland, an act to amend the Vehicle and
11 Traffic Law.
12 Also, Senate Bill Number 187, by
13 Senator Levy, an act to amend the Transportation
14 Law.
15 And Senate Bill Number 324, by
16 Senators levy and Hannon, authorizing the
17 Department of Transportation to survey areas of
18 the state.
19 Senator Goodman, from the
20 committee on Investigations, Taxation, and
21 Government Operations, reports the following
22 bills directly for third reading:
23 Senate Bill Number 65, by Senator
98
1 Volker, an act to amend the Tax Law, in relation
2 to the imposition of sales and use taxes by the
3 county of Erie.
4 572, by Senators Daly and
5 Nozzolio, an act to amend the Tax Law, in
6 relation to the sales and use taxes to be
7 imposed in the county of Monroe.
8 Senator Volker from the Committee
9 on Codes reports the following bills directly
10 for third reading:
11 Senate Bill Number 64, by Senator
12 Volker, an act to amend the Criminal Procedure
13 Law.
14 106, by Senator Halperin and
15 others, an act to amend the Penal Law.
16 152, by Senator Tully and others,
17 an act to amend the Criminal Procedure Law.
18 173, by Senator Tully and others,
19 an act to amend the Penal Law.
20 181, by Senator Volker, an act to
21 amend the Penal Law.
22 189, by Senator Farley, an act to
23 amend the Civil Rights Law.
99
1 205, by Senator Holland and
2 others, an act to amend the Criminal Procedure
3 Law.
4 207, by Senator Holland and
5 others, an act to amend the Penal Law.
6 211, by Senator Holland and
7 others, an act to amend the Penal Law.
8 239, by Senator Bruno and others,
9 an act to amend the Civil Rights Law.
10 233, by Senator Tully and others,
11 an act to amend the Criminal Procedure Law.
12 247, by Senator Volker, an act to
13 amend the Criminal Procedure Law.
14 364, by Senator Volker, an act to
15 amend the Penal Law.
16 406, by Senator Volker, an act to
17 amend the Criminal Procedure Law.
18 And Senate Bill Number 246, by
19 Senator Volker, an act to amend the Penal Law.
20 All bills reported directly for
21 third reading.
22 ACTING PRESIDENT FARLEY: Without
23 objection, all bills are reported directly for
100
1 third reading.
2 Motions and resolutions. Do we
3 have any?
4 SENATOR PRESENT: Mr. President.
5 ACTING PRESIDENT FARLEY: Senator
6 Present.
7 SENATOR PRESENT: I move we adopt
8 the resolution calendar that's on our desk.
9 ACTING PRESIDENT FARLEY: Senator
10 Paterson, do you wish to speak to that motion?
11 SENATOR PATERSON: Mr.
12 President. I would like to lay one resolution
13 aside, Resolution 213, commemorating the
14 birthday of Dr. Martin Luther King. It was
15 introduced by Senator Hoffmann. We would like
16 to wait a week to let Senator Hoffmann speak on
17 it.
18 ACTING PRESIDENT FARLEY: Without
19 objection, the resolution is laid aside, Senator
20 Hoffmann's Resolution 213.
21 On the motion to adopt the
22 resolution calendar. All those in favor say
23 aye.
101
1 (Response of "Aye.")
2 Those opposed, nay.
3 (There was no response. )
4 The resolution calendar is
5 adopted.
6 SENATOR GOLD: Mr. President.
7 ACTING PRESIDENT FARLEY: Senator
8 Gold.
9 SENATOR GOLD: Thank you. Mr.
10 President, with the consent of the distinguished
11 Deputy Majority Leader who, by the way -- I want
12 to point out we started yesterday about ten
13 minutes late. Today, we started 10 minutes
14 late. And I think it's fabulous that we really
15 are getting this place going, Senator Present.
16 At any rate, with the consent of
17 the Deputy Majority Leader, I would like to
18 offer the following resolution and move its
19 adoption. This deals with our late colleague
20 and former very distinguished Justice of the
21 Supreme Court, Frank O'Connor. And anyone who
22 wants to co-sponsor it, I'm sure.
23 ACTING PRESIDENT FARLEY:
102
1 Secretary will read the title of the resolution.
2 Who is the sponsor of this,
3 Senator Gold?
4 SENATOR GOLD: I am the sponsor.
5 ACTING PRESIDENT FARLEY: Senator
6 Gold is the sponsor. It is open for co-sponsor
7 ship.
8 THE SECRETARY: Legislative
9 Resolution, by Senator Gold, expressing
10 sincerest sorrow upon the occasion of the death
11 of Frank D. O'Connor, former justice of the
12 Appellate Division, Second Department.
13 ACTING PRESIDENT FARLEY: On the
14 resolution. All in favor, say aye.
15 (Response of "Aye.")
16 Those opposed, nay.
17 (There was no response. )
18 The resolution is adopted.
19 All members will be sponsors
20 without objection.
21 The resolution was adopted,
22 without objection.
23 Senator Present, do you care to
103
1 go to the third reading of that bill? What's
2 your pleasure.
3 SENATOR PRESENT: Let's go to the
4 one bill on the calendar.
5 ACTING PRESIDENT FARLEY:
6 Secretary will read the title to the bill that's
7 on the calendar today.
8 THE SECRETARY: Calendar Number
9 9, Senate Bill 65, by Senator Volker, reported
10 directly for third reading, an act to amend the
11 Tax Law, in relation to the imposition of sales
12 and use taxes by the county of Erie.
13 ACTING PRESIDENT FARLEY: Read
14 the last section.
15 THE SECRETARY: Section 4. 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 45.
21 ACTING PRESIDENT FARLEY: The
22 bill is passed.
23 Senator Present, what is your
104
1 pleasure?
2 SENATOR PRESENT: Mr. President.
3 There being no further business, I move that we
4 adjourn until Monday, January 25, at 2:30 p.m.,
5 intervening days being legislative days.
6 ACTING PRESIDENT FARLEY: The
7 Senate will stand adjourned until Monday at the
8 regular hour, intervening legislative days.
9 (Whereupon at 3: 19 p.m., Senate
10 adjourned. )
11
12
13
14
15
16
17
18
19
20
21
22
23