Regular Session - April 20, 1993

                                                                 
2578

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         8                       ALBANY, NEW YORK

         9                       April 20, 1993

        10                         3:36 p.m.

        11

        12

        13                       REGULAR SESSION

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        15

        16

        17       SENATOR HUGH T. FARLEY, Acting President

        18       STEPHEN F. SLOAN, Secretary

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        20

        21

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        23











                                                             
2579

         1                  P R O C E E D I N G S.

         2                      ACTING PRESIDENT FARLEY:  The

         3       Senate will come to order.  Senators will please

         4       find their seats.

         5                      If you will please rise with me

         6       for the Pledge of Allegiance to the Flag.

         7                      (The assemblage repeated the

         8       Pledge of Allegiance to the Flag.)

         9                      Today, in the absence of clergy,

        10       we'll bow our heads in a moment of silent

        11       prayer.

        12                      (A moment of silence was

        13       observed. )

        14                      ACTING PRESIDENT FARLEY:  The

        15       Secretary will begin by reading the Journal.

        16                      THE SECRETARY:  In Senate,

        17       Monday, April 19th.  The Senate met pursuant to

        18       adjournment, Senator Farley in the Chair upon

        19       designation of the Temporary President.  The

        20       Journal of Friday, April 16th, was read and

        21       approved.  On motion, Senate adjourned.

        22                      ACTING PRESIDENT FARLEY:  Hearing

        23       no objection, the Journal will stand approved as











                                                             
2580

         1       read.

         2                      Order of business:  Presentation

         3       of petitions.

         4                      Messages from the Assembly.

         5                      Messages from the Governor.

         6                      Reports of standing committees.

         7                      Reports of select committees.

         8                      Communications and reports from

         9       state officers.

        10                      The mike's not on.

        11                      Communications and reports from

        12       state officers.

        13                      Motions and resolutions.

        14                      We have some motions on the

        15       floor.  Senator Daly.

        16                      SENATOR DALY:  Mr. President, on

        17       behalf of Senator Lack, on page 9, I offer the

        18       following amendments to Calendar Number 215,

        19       Senate Print 1322, and ask that said bill retain

        20       its place on the Third Reading Calendar.

        21                      ACTING PRESIDENT FARLEY:  Without

        22       objection, the bill will retain its place.

        23                      Senator Sears.











                                                             
2581

         1                      SENATOR SEARS:  Mr. President, on

         2       page number 13, I offer the following amendments

         3       to Calendar Number 338, Senate Print Number

         4       3316, and ask that the said bill retain its

         5       place on the Third Reading Calendar.

         6                      ACTING PRESIDENT FARLEY:  Bill

         7       will retain its place.

         8                      Senator Kuhl.

         9                      SENATOR KUHL:  Yes.  Mr.

        10       President, on page 16, Calendar Number 396,

        11       would you place a sponsor's star on that bill,

        12       please.

        13                      ACTING PRESIDENT FARLEY:  Bill is

        14       starred at the request of the sponsor.

        15                      SENATOR KUHL:  Thank you.

        16                      ACTING PRESIDENT FARLEY:  Senator

        17       Saland, do you -- just happen to be standing.

        18                      O.K.  Are there any other motions

        19       on the floor?

        20                      Senator Present, do you wish to

        21       do the resolutions?  What's your pleasure?

        22                      SENATOR PRESENT:  Mr. President,

        23       I move that we adopt the Resolution Calendar











                                                             
2582

         1       with the exception of Resolution 1040.

         2                      ACTING PRESIDENT FARLEY:

         3       Secretary will -- all in favor of adopting the

         4       Resolution Calendar with the exception of 104,

         5       please say aye.

         6                      (Response of "Aye.")

         7                      Those opposed nay.

         8                      (There was no response. )

         9                      The Resolution Calendar is

        10       adopted.

        11                      1040, Senator.

        12                      SENATOR PRESENT:  Yes.

        13                      ACTING PRESIDENT FARLEY:  That

        14       was, I'm sorry, Resolution 1040 which was not

        15       adopted.

        16                      Senator Present.

        17                      SENATOR PRESENT:  Mr. President,

        18       will you recognize Senator Saland, please.

        19                      ACTING PRESIDENT FARLEY:  Senator

        20       Saland.

        21                      SENATOR SALAND:  Mr. President,

        22       on the Resolution Calendar, Resolution 1071 is a

        23       resolution memorializing Governor Cuomo to











                                                             
2583

         1       proclaim the week of April 18th through the 24th

         2       of this year as the Week of the Young Child in

         3       the state of New York, and I would just like to

         4       open that resolution to any of my -- any of our

         5       colleagues who might wish to be on that

         6       resolution.  A number have indicated.  Unfortun

         7       ately we couldn't circulate it as rapidly as

         8       we'd like, and we'd like to open it up at this

         9       time.

        10                      ACTING PRESIDENT FARLEY:  Please

        11       let the desk know if you'd like to be on it.

        12       Senator Sears, Senator Smith.

        13                      Senator Present, what's your

        14       pleasure?  Stand at ease for a second?

        15                      SENATOR PRESENT:  Mr. President,

        16       would you recognize Senator Holland, please.

        17                      ACTING PRESIDENT FARLEY:  Senator

        18       Holland.

        19                      SENATOR HOLLAND:  Mr. President,

        20       I have a privileged resolution at the desk and

        21       I'd appreciate it being read in its entirety,

        22       and I'd like to make a few remarks, please.

        23                      ACTING PRESIDENT FARLEY:











                                                             
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         1       Secretary will read Senator Holland's resolution

         2       in its entirety.

         3                      THE SECRETARY:  Legislative

         4       Resolution, by Senator Holland, commending the

         5       Dolly Downs project of Camp Venture, and its

         6       creator, Jack Lukens:

         7                      WHEREAS, it is the sense of this

         8       legislative body that those who give positive

         9       definition to the profile and disposition of the

        10       communities of the state of New York do so

        11       profoundly strengthen our shared commitment to

        12       the exercise of freedom;

        13                      Attendant to such concern and

        14       fully in accord with its long-standing

        15       traditions, it is the intent of this legislative

        16       body to commend the Dolly Downs project of Camp

        17       Venture where the dolls are assembled by

        18       retarded and developmentally disabled workers,

        19       and its creator, Jack Lukens;

        20                      Dolly Downs has the features of a

        21       child with Down's Syndrome, a genetic disorder

        22       that causes mental retardation.  People with

        23       Down's Syndrome have certain facial features











                                                             
2585

         1       reflected in Dolly Downs' face;

         2                      The creator of Dolly Downs, Jack

         3       Lukens, a child psychologist, gave the doll such

         4       features as a gift to a kinder, gentler world;

         5                      Jack Lukens was inspired after

         6       seeing children play with black and Asian

         7       dolls.  He and his wife Kathy have five

         8       children, one who is both autistic and retarded;

         9                      Dolly Downs comes with an audio

        10       tape and story book in a little back pack.  On

        11       the tape Dolly tells her story, how she is

        12       different and how she is loved.  The voice is

        13       that of the Lukens' nine-year old granddaughter,

        14       Rebecca, who does not have Down's Syndrome;

        15                      In pursuit of their quest to

        16       offer their son the best life possible, Jack and

        17       Kathy Lukens found a new organization.  They and

        18       a group of parents and friends banded together

        19       23 years ago to start Camp Venture, a summer

        20       camp that accepts any child no matter how

        21       seriously handicapped;

        22                      Since then, Camp Venture has

        23       grown and expanded its mission to provide year











                                                             
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         1       round help for handicapped people of all ages.

         2       It runs 25 homes and apartments for 177 people,

         3       a sheltered workshop providing jobs, a program

         4       to place workers in local industry, a day

         5       treatment center, two vacation homes and several

         6       social groups;

         7                      Dolly Downs is designed to make a

         8       little difference.  She's intended for normal

         9       kids, to give them a positive feeling about the

        10       handicapped.  She's also intended for

        11       handicapped kids to give them a more positive

        12       feeling about themselves;

        13                      Through his sustained commitment

        14       to the preservation and enhancement of human

        15       dignity, Jack Lukens has so unselfishly advanced

        16       the spirit of united purpose and shared concern

        17       which is the unalterable manifestation of our

        18       American experience;

        19                      NOW, THEREFORE, BE IT RESOLVED

        20       that this legislative body pause in its

        21       deliberations to commend the Dolly Downs project

        22       of Camp Venture and its creator, Jack Lukens;

        23       and











                                                             
2587

         1                      BE IT FURTHER RESOLVED that a

         2       copy of this resolution, suitably engrossed, be

         3       transmitted to Jack Lukens and Camp Venture,

         4       Incorporated, Nanuet, New York.

         5                      ACTING PRESIDENT FARLEY:  Senator

         6       Holland.

         7                      SENATOR HOLLAND:  Thank you, Mr.

         8       President.

         9                      Mr. President, we have some

        10       special guests in the chamber today whose

        11       actions have been or currently are helping

        12       handicapped individuals.

        13                      I'd like to recognize Mrs.

        14       Kathleen Lukens and Mrs. Barbara Reese.  Mrs.

        15       Reese is the director of community relations at

        16       Camp Venture.  Mrs. Lukens is the founder and

        17       the executive director of Rockland County's Camp

        18       Venture, who has come to Albany today to visit

        19       the Capitol to inform the legislators about a

        20       wonderful doll that she and her child

        21       psychologist husband, Dr. John Lukens, have

        22       developed.

        23                      The doll named Dolly Downs is











                                                             
2588

         1       different from every other doll on the market

         2       today.  Dolly exhibits the characteristics of a

         3       person with Down's Syndrome, meaning a broad

         4       face and slanting eyes.

         5                      Down's Syndrome, as you probably

         6       know, is a genetic disorder that causes mental

         7       retardation.  Dolly Downs is manufactured at

         8       Camp Venture by retarded and developmentally

         9       disabled workers and is a very special doll for

        10       those individuals who have Down's Syndrome.

        11       Just imagine the excitement for someone with

        12       Down's Syndrome to see and hold a doll that

        13       looks like its owner for the second time.  What

        14       a companion this doll is for them, and I've seen

        15       some pictures of that.  You can quickly realize

        16       all the smiles and happiness this doll has

        17       already brought and will bring to many, many

        18       people.

        19                      Dolly Downs serves as a medium

        20       for tolerance and acceptance of all people

        21       including those whose differences aren't so

        22       apparent.  Tucked away in Dolly Downs' back pack

        23       is a tape that speaks of friendship and love,











                                                             
2589

         1       even though Dolly Downs looks a little different

         2       from other children.

         3                      This doll promises to serve as a

         4       great teaching tool for our young children in

         5       our society.  Camp Venture, where the dolls were

         6       made, was started nearly 25 years ago to help

         7       handicapped people of all ages.  Its 25 homes

         8       and apartments house 177 people.  It provides

         9       jobs for the handicapped individuals.  It places

        10       handicapped people in local industries.  In

        11       fact, when I was county clerk, I had two

        12       individuals working for me.  One is still

        13       working for the county clerk, and one continues

        14       to call me occasionally.

        15                      They also run day treatment

        16       centers and vacation homes and several group

        17       homes.  Camp Venture's mission is tested and

        18       achieved every day and Venture doesn't only

        19       survive.  It thrives.  Their quarter century

        20       existence and the development of Dolly Downs

        21       proves Camp Venture's individual success as well

        22       as their continued commitment to the handicapped

        23       individuals of our society.











                                                             
2590

         1                      Certainly Dolly Downs will not

         2       change the world, but it will make life better

         3       for some very special people.  I applaud and

         4       recognize the work of Jack and Kathy Lukens

         5       through Camp Venture and Dolly Downs.  Their

         6       actions and dedication make a difference in

         7       other people's lives every day.  They should be

         8       very proud of their accomplishments.

         9                      I extend to them my sincere con

        10       gratulations and praise.

        11                      Thank you very much, Mr.

        12       President.

        13                      ACTING PRESIDENT FARLEY:  Thank

        14       you, Senator Holland.  Would all in favor of the

        15       resolution please say aye.

        16                      (Response of "Aye.")

        17                      Those opposed nay.

        18                      (There was no response. )

        19                      The resolution is unanimously

        20       adopted.  We're honored to have you in the

        21       chamber today.  Welcome, and we're grateful for

        22       what you do.  Thank you very much.  Come back

        23       and visit us again.











                                                             
2591

         1                      (Applause)

         2                      SENATOR PRESENT:  Mr. President,

         3       may we take up the non-controversial calendar,

         4       please.

         5                      ACTING PRESIDENT FARLEY:  The

         6       Secretary will read non-controversial.

         7                      THE SECRETARY:  On page 10,

         8       Calendar Number 273, by Senator Kuhl, Senate

         9       Bill Number 2452-A, authorize the conveyance of

        10       certain real property of the state to Perry J.

        11       Specchio.

        12                      ACTING PRESIDENT FARLEY:  Read

        13       the last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT FARLEY:  Call

        17       the roll.

        18                      (The Secretary called the roll. )

        19                      THE SECRETARY:  Ayes 41.

        20                      ACTING PRESIDENT FARLEY:  The

        21       bill is passed.

        22                      THE SECRETARY:  Calendar Number

        23       288, by Senator Cook, Senate Bill Number 3132-A,











                                                             
2592

         1       an act to amend the Public Health Law, in

         2       relation to primary health care providers in

         3       rural areas.

         4                      ACTING PRESIDENT FARLEY:  Read

         5       the last section.

         6                      THE SECRETARY:  Section 2.  This

         7       act shall take effect immediately.

         8                      ACTING PRESIDENT FARLEY:  Call

         9       the roll.

        10                      (The Secretary called the roll. )

        11                      THE SECRETARY:  Ayes 41.

        12                      ACTING PRESIDENT FARLEY:  That

        13       bill is passed.

        14                      THE SECRETARY:  Calendar Number

        15       336, by Senator Johnson, Senate Bill Number

        16       2762-A, an act to amend the General Business

        17       Law.

        18                      ACTING PRESIDENT FARLEY:  Read

        19       the last section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      ACTING PRESIDENT FARLEY:  Call

        23       the roll.











                                                             
2593

         1                      (The Secretary called the roll. )

         2                      THE SECRETARY:  Ayes 41.

         3                      ACTING PRESIDENT FARLEY:  The

         4       bill is passed.

         5                      THE SECRETARY:  Calendar Number

         6       351, by Senator Johnson, Senate Bill Number

         7       2802, an act to amend the Education Law, in

         8       relation to efficiency study grants.

         9                      ACTING PRESIDENT FARLEY:  Read

        10       the last section.

        11                      THE SECRETARY:  Section 2.  This

        12       act shall take effect immediately.

        13                      ACTING PRESIDENT FARLEY:  Call

        14       the roll.

        15                      (The Secretary called the roll. )

        16                      THE SECRETARY:  Ayes 41.

        17                      ACTING PRESIDENT FARLEY:  That

        18       bill is passed.

        19                      THE SECRETARY:  Calendar Number

        20       355, by Senator Volker, Senate Bill Number

        21       1300-A, authorizing the village of Lancaster to

        22       transfer a parcel of park land to the town of

        23       Lancaster.











                                                             
2594

         1                      ACTING PRESIDENT FARLEY:  There's

         2       a home rule message here at the desk.  You can

         3       read the last section.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect immediately.

         6                      ACTING PRESIDENT FARLEY:  Call

         7       the roll.

         8                      (The Secretary called the roll. )

         9                      THE SECRETARY:  Ayes 41.

        10                      ACTING PRESIDENT FARLEY:  That

        11       bill is passed.

        12                      THE SECRETARY:  Calendar Number

        13       356, by Senator Larkin.

        14                      SENATOR GOLD:  Lay it aside.

        15                      ACTING PRESIDENT FARLEY:  Lay

        16       that bill aside.

        17                      THE SECRETARY:  Calendar Number

        18       365, by Senator Stafford.

        19                      SENATOR PRESENT:  Lay it aside,

        20       please.

        21                      ACTING PRESIDENT FARLEY:  For the

        22       day?  Laid aside.

        23                      SENATOR PRESENT:  For the day.











                                                             
2595

         1                      ACTING PRESIDENT FARLEY:  For the

         2       day.

         3                      THE SECRETARY:  Calendar Number

         4       378, by Senator Daly.

         5                      SENATOR DALY:  Star the bill.

         6       Star the bill.

         7                      SENATOR GOLD:  Last section.

         8                      ACTING PRESIDENT FARLEY:  Wait a

         9       second.

        10                      SENATOR DALY:  Star the bill.

        11                      ACTING PRESIDENT FARLEY:  Star

        12       the bill, Senator Daly?

        13                      SENATOR DALY:  Yes, Mr.

        14       President.

        15                      THE SECRETARY:  Calendar Number

        16       388 -- 383, excuse me, by Senator Volker, Senate

        17       Bill Number 1506, an act to amend the Education

        18       Law.

        19                      ACTING PRESIDENT FARLEY:  Read

        20       the last section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT FARLEY:  Call











                                                             
2596

         1       the roll.

         2                      (The Secretary called the roll. )

         3                      THE SECRETARY:  Ayes 41.

         4                      ACTING PRESIDENT FARLEY:  The

         5       bill is passed.

         6                      THE SECRETARY:  Calendar Number

         7       385, by Senator Daly, Senate Bill Number 2993.

         8                      SENATOR DALY:  Lay aside.

         9                      ACTING PRESIDENT FARLEY:  Lay the

        10       bill aside.

        11                      THE SECRETARY:  Calendar Number

        12       386, by Senator Seward, Senate Bill Number 3109,

        13       Education Law, in relation to increasing

        14       penalties for violations.

        15                      ACTING PRESIDENT FARLEY:  Read

        16       the last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT FARLEY:  Call

        20       the roll.

        21                      (The Secretary called the roll. )

        22                      THE SECRETARY:  Ayes -

        23                      ACTING PRESIDENT FARLEY:











                                                             
2597

         1       Results.

         2                      THE SECRETARY:  Ayes 39, nays

         3       two, Senators Galiber and Saland recorded in the

         4       negative.

         5                      ACTING PRESIDENT FARLEY:  The

         6       bill is passed.

         7                      THE SECRETARY:  Calendar Number

         8       388, by Senator Levy, Senate Bill Number 35...

         9                      SENATOR PRESENT:  Lay it aside,

        10       please.

        11                      ACTING PRESIDENT FARLEY:  Laid

        12       aside?

        13                      SENATOR PRESENT:  Yes.

        14                      THE SECRETARY:  Calendar Number

        15       391, by Senator Present, Senate Bill Number

        16       2426-A, Agriculture and Markets Law.

        17                      ACTING PRESIDENT FARLEY:  Read

        18       the last section.

        19                      THE SECRETARY:  Section 2.  This

        20       act shall take effect immediately.

        21                      ACTING PRESIDENT FARLEY:  Call

        22       the roll.

        23                      (The Secretary called the roll. )











                                                             
2598

         1                      THE SECRETARY:  Ayes 41.

         2                      ACTING PRESIDENT FARLEY:  The

         3       bill is passed.

         4                      I said, the bill is passed.

         5                      THE SECRETARY:  Calendar Number

         6       395, by Senator Kuhl, Senate Bill -

         7                      SENATOR GOLD:  Lay it aside.

         8                      ACTING PRESIDENT FARLEY:  Laid

         9       aside.

        10                      Just a moment, please, Senator

        11       Gold.  I'm not getting these directions

        12       straight.  Senator Kuhl, what's your pleasure?

        13                      SENATOR KUHL:  Star the bill,

        14       please.

        15                      ACTING PRESIDENT FARLEY:  The

        16       bill is starred at the request of the sponsor.

        17                      Senator Galiber.

        18                      SENATOR GALIBER:  Yes, Mr.

        19       President.  I'd like the record, with the

        20       permission of the body, to reflect that I was

        21       absent and if I had been present, I would have

        22       liked to have been recorded in the negative on

        23       Calendar Number 367 and Calendar Number 384.











                                                             
2599

         1                      ACTING PRESIDENT FARLEY:  The

         2       record will show -- so show.

         3                      SENATOR GALIBER:  Thank you, sir.

         4                      ACTING PRESIDENT FARLEY:  Senator

         5       Present.

         6                      SENATOR PRESENT:  Mr. President,

         7       I believe we're ready to take up controversial

         8       bills.

         9                      ACTING PRESIDENT FARLEY:

        10       Secretary will read controversial.

        11                      THE SECRETARY:  On page 14,

        12       Calendar Number 356, by Senator Larkin, Senate

        13       Bill Number 3144, Real Property Tax Law, the

        14       Public Service Law, in relation to the

        15       definition of special franchise property.

        16                      SENATOR GOLD:  Mr. President.

        17                      ACTING PRESIDENT FARLEY:  Senator

        18       Gold.

        19                      SENATOR GOLD:  I laid this aside

        20       at the request of Senator Oppenheimer, who is in

        21       a meeting right now.  Could we hold this, would

        22       you mind, Senator Larkin?

        23                      SENATOR LARKIN:  All right.











                                                             
2600

         1                      SENATOR GOLD:  I wouldn't mind

         2       coming back to it if the Senator comes;

         3       otherwise lay it aside one day, whatever; is

         4       that agreeable?

         5                      (Senator Larkin nods head.)

         6                      SENATOR GOLD:  Yes, thank you.

         7                      ACTING PRESIDENT FARLEY:  Lay the

         8       bill aside temporarily.

         9                      THE SECRETARY:  Calendar Number

        10       385, by Senator Daly, Senate Bill Number 2993,

        11       Education Law, in relation to student awards and

        12       assistance.

        13                      SENATOR GOLD:  Explanation.

        14                      ACTING PRESIDENT FARLEY:

        15       Explanation.  Senator Daly.

        16                      SENATOR DALY:  Mr. President, as

        17       we all know, our nation has in place a system of

        18       registration of our young men so that, if an

        19       emergency occurs where a mobilization is

        20       immediately required, these young men can be

        21       called into military service.

        22                      Unfortunately, there are young

        23       men who refuse to register and -- for the draft.











                                                             
2601

         1       I should -- pardon me, Mr. President.  Let me

         2       start over.  There are men, young men, who

         3       refuse to register.  We believe that this is

         4       wrong.  What this bill simply would do would

         5       mandate that any young man who would like to

         6       receive a grant in aid for higher education

         7       would have to submit their registration form to

         8       receive that aid.

         9                      SENATOR GOLD:  Mr. President.

        10                      ACTING PRESIDENT FARLEY:  Senator

        11       Gold.

        12                      SENATOR GOLD:  I want to thank

        13       Senator Daly for giving us the opportunity once

        14       again to discuss this issue.  The session

        15       wouldn't seem the same without it.

        16                      Mr. President, the issue is

        17       really very, very simple.  I respect Senator

        18       Daly's feelings, and I would be less than candid

        19       if I said I didn't understand his feelings

        20       behind this legislation, but I believe, as I've

        21       said so often in the past and probably will have

        22       an opportunity next year too, that we just are

        23       in a situation of mixing apples and oranges.











                                                             
2602

         1                      The issue of selective service

         2       status is one which involves an individual and

         3       their relationship to federal law.  As everyone

         4       knows, we have no draft but we do have a

         5       requirement that young people register.  There

         6       are many young people who have from time to time

         7       disagreed with policies of this country and we

         8       have a country where people can, in fact,

         9       protest in many ways as long as it is not

        10       violent and as long as those people understand

        11       that they may have to pay some penalty for what

        12       is involved, and if people violate the selective

        13       service laws, as Senator Daly knows very well,

        14       there are penalties that attach.

        15                      That is not what ought to be

        16       involved in our educational system.  The

        17       educational system is our educational system and

        18       if people apply to the state for various

        19       programs, this should not come up as that

        20       issue.

        21                      In the past, Senator Connor and

        22       Galiber and myself and Korman and Leichter and

        23       Markowitz, Mendez, Montgomery, Ohrenstein,











                                                             
2603

         1       Stavisky and Waldon have voted in the negative.

         2       There is a memo in opposition by the New York

         3       Civil Liberties Union, and thanks to Senator

         4       Daly I'm sure we have all heard the arguments

         5       over and over again.  So I'm not going to go on

         6       any longer than I already have.

         7                      I understand the necessity for

         8       people to register.  I have two sons.  They have

         9       registered.  I think that the issue is just

        10       confusing two separate concepts.

        11                      ACTING PRESIDENT FARLEY:  Read

        12       the last section.

        13                      THE SECRETARY:  Section 2.  This

        14       act shall take effect immediately.

        15                      ACTING PRESIDENT FARLEY:  Call

        16       the roll.

        17                      (The Secretary called the roll. )

        18                      THE SECRETARY:  Those recorded in

        19       the negative on Calendar Number 385 are Senators

        20       Espada, Galiber, Gold, Gonzalez, Markowitz,

        21       Mendez, Ohrenstein and Smith.  Ayes 35, nays 8.

        22                      ACTING PRESIDENT LIBOUS:  The

        23       bill is passed.











                                                             
2604

         1                      Senator Mendez.

         2                      SENATOR MENDEZ:  Mr. President, I

         3       require -- I am asking for unanimous consent to

         4       be recorded in the negative on Calendar Number

         5       4.... to be recorded in the affirmative on

         6       Calendar Number 413 and in the negative on

         7       candidate -- on Calendar Number 367, for if I

         8       had not been here yesterday I would have voted

         9       along those lines, a "no" on 367.

        10                      ACTING PRESIDENT LIBOUS:  The

        11       record will reflect that, Senator.

        12                      SENATOR MENDEZ:  A "yes" on 413.

        13                      ACTING PRESIDENT LIBOUS:  Senator

        14       Kuhl.

        15                      SENATOR KUHL:  Yes.  Mr.

        16       President, would you remove a star on Calendar

        17       Number 396.

        18                      ACTING PRESIDENT LIBOUS:  396,

        19       the star is removed, without objection.

        20                      SENATOR DALY:  Mr. President.

        21                      ACTING PRESIDENT LIBOUS:  Re

        22       moved.

        23                      SENATOR DALY:  Mr. President.











                                                             
2605

         1                      ACTING PRESIDENT LIBOUS:  Senator

         2       Daly.

         3                      SENATOR DALY:  I'd like to remove

         4       the star on Calendar 378, if it's already been

         5       starred.  That's the bill that I mistakenly

         6       starred twenty minutes ago.

         7                      ACTING PRESIDENT LIBOUS:  Remove

         8       the star, without objection.  It will be done.

         9                      THE SECRETARY:  On page 15,

        10       Calendar Number 388, by Senator Levy, Senate

        11       Bill Number 3515-A, an act to amend the

        12       Education Law, in relation to the length of

        13       terms of members of the Board of Regents.

        14                      SENATOR SMITH:  Explanation.

        15                      ACTING PRESIDENT LIBOUS:

        16       Explanation is requested.

        17                      SENATOR PRESENT:  Would you lay

        18       it aside.

        19                      ACTING PRESIDENT LIBOUS:  Lay

        20       that bill aside.

        21                      Senator Present.

        22                      SENATOR PRESENT:  Mr. President,

        23       I believe there's a committee report at the











                                                             
2606

         1       desk.  May it be read, please.

         2                      ACTING PRESIDENT LIBOUS:

         3       Secretary will read, please.

         4                      THE SECRETARY:  Senator Nozzolio,

         5       from the Committee on Elections, reports the

         6       following bill directly for third reading:

         7       Senate Bill Number 4195-A, an act to amend the

         8       Election Law, in relation to requiring

         9       disclosure of receipts and expenditures of

        10       persons seeking appointment to a vacancy in any

        11       elective public office which is filled by the

        12       Legislature, reported directly for third

        13       reading.

        14                      ACTING PRESIDENT LIBOUS:  Without

        15       objection, the bill is reported for third

        16       reading.

        17                      Senator Present.

        18                      SENATOR PRESENT:  Mr. President,

        19       I believe that there being no further business,

        20       I move that we adjourn until tomorrow at 11:30

        21       a.m.

        22                      ACTING PRESIDENT LIBOUS:  The

        23       Senate is adjourned until tomorrow at 11:30 a.m.











                                                             
2607

         1                      (Whereupon at 4:04 p.m., the

         2       Senate adjourned. )

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