Regular Session - May 26, 1993
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9 ALBANY, NEW YORK
10 May 26, 1993
11 1:13 P.M.
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14 REGULAR SESSION
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18 SENATOR HUGH T. FARLEY, Acting President
19 STPHEN F. SLOAN, Secretary
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4126
1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: Senate
3 will come to order.
4 If you will please join with me
5 in the Pledge of Allegiance to the Flag.
6 (Whereupon, the Senate joined in
7 the Pledge of Allegiance to the Flag. )
8 Today, we're pleased to have with
9 us the Reverend Michael L. Palazzo of St. John's
10 Church in Mahopac, New York, for the opening
11 prayer.
12 REVEREND MICHAEL PALAZZO: Most
13 Holy Father, we are grateful to be gathering in
14 Your presence, to be given the trust of the
15 people to serve them and to guide them into the
16 future.
17 We pray for the deliberations
18 that take place this day. We ask Your continued
19 blessings upon all here in the Senate, and we
20 pray for their constituents and the good people
21 of the state of New York.
22 And we ask all this in Your
23 name. Amen.
4127
1 ACTING PRESIDENT FARLEY: The
2 Secretary will begin by reading the Journal.
3 THE SECRETARY: In Senate
4 Tuesday, May 25. The Senate met pursuant to
5 adjournment. Senator Farley in the chair upon
6 designation of the Temporary President. The
7 Journal of Monday, May 24, was read and
8 approved. On motion, Senate adjourned.
9 ACTING PRESIDENT FARLEY: Hearing
10 no objection, the Journal will stand an
11 approached as read.
12 The order of business:
13 Presentation of petitions.
14 Messages from the Assembly.
15 Messages from the Governor.
16 Reports of standing committees.
17 Reports of select committees.
18 Communications and reports from
19 state officers.
20 Motions and resolutions.
21 Senator Libous.
22 SENATOR LIBOUS: Thank you, Mr.
23 President. I would like to remove stars on my
4128
1 bills: Calendar Number 317, 494, 625, 686, 805,
2 827.
3 ACTING PRESIDENT FARLEY: Without
4 objection.
5 SENATOR LIBOUS: The lobbyists
6 will be at the door after they hear that.
7 ACTING PRESIDENT FARLEY: I see.
8 SENATOR LIBOUS: On page 36, I
9 offer the following amendments to Calendar
10 Number 805, Senate Print 2293, and ask that said
11 bill retain its place on the Third Reading
12 Calendar.
13 ACTING PRESIDENT FARLEY: So
14 ordered.
15 SENATOR LIBOUS: And, Mr.
16 President, on page 34, I offer the following
17 amendments to Calendar Number 625, Senate Print
18 Number 3815A, and ask that said bill retain its
19 place on the Third Reading Calendar.
20 ACTING PRESIDENT FARLEY: Bill
21 will retain its place. Thank you.
22 Senator Holland.
23 SENATOR HOLLAND: Mr. President,
4129
1 I'd like to remove the sponsor's star on my
2 bill, Calendar 441, Senate 464.
3 ACTING PRESIDENT FARLEY: Star is
4 removed at the request of the sponsor.
5 SENATOR HOLLAND: Also, I wish to
6 call up Senator Maltese's bill, Print Number
7 368, recalled from the Assembly, which is now at
8 the desk.
9 ACTING PRESIDENT FARLEY:
10 Secretary will read it.
11 THE SECRETARY: By Senator
12 Maltese, Senate Bill Number 368, an act to amend
13 the Real Property Tax Law.
14 SENATOR HOLLAND: Mr. President,
15 I now move to reconsider the vote by which this
16 bill was passed.
17 ACTING PRESIDENT FARLEY: The
18 Secretary will call the roll on reconsideration.
19 (The Secretary called the roll on
20 reconsideration. )
21 THE SECRETARY: Ayes 42.
22 ACTING PRESIDENT FARLEY: The
23 bill is before the house.
4130
1 SENATOR HOLLAND: Mr. President,
2 I now offer the following amendments.
3 ACTING PRESIDENT FARLEY:
4 Amendments received. The bill will retain its
5 place.
6 SENATOR HOLLAND: Mr. President,
7 also on page number 17, for Senator Levy, I
8 offer the following amendments on Calendar
9 Number 677, Senate Print Number 69B, and ask
10 that said bill resustain its place on the Third
11 Reading Calendar.
12 ACTING PRESIDENT FARLEY: The
13 bill will retain its place.
14 SENATOR HOLLAND: Also Mr.
15 President, on page number 28, for Senator
16 Farley, I offer the following amendments to
17 Calendar Number 884, Senate Print Number 2725,
18 and ask that the bill retain its place on the
19 Third Reading Calendar.
20 ACTING PRESIDENT FARLEY: It's
21 appreciated. The bill will retain its place.
22 Senator Gold.
23 SENATOR GOLD: Yes, Mr.
4131
1 President. On behalf of my very distinguished,
2 bright, intelligent and lovely colleague from
3 Brooklyn, Senator Montgomery, on page 22, I
4 offer the following amendments to Calendar
5 Number 776, Print Number 4129, ask that it
6 retain its place on the Third Reading Calendar,
7 and be passed unanimously upon its return from
8 the printer, which we hope will be soon.
9 ACTING PRESIDENT FARLEY: The
10 bill will retain its place on the Third Reading
11 Calendar.
12 Senator Larkin.
13 SENATOR LARKIN: Mr. President,
14 on behalf of Senator Skelos, would you please
15 place a sponsor star on Calendar Number 428,
16 Senate Print 3727, on page 10.
17 ACTING PRESIDENT FARLEY: Bill is
18 starred at the request of the sponsor.
19 Senator Present.
20 SENATOR PRESENT: Mr. President,
21 on behalf of Senator Stafford, I wish to call up
22 his bill, Print 2464, recalled from the Assembly
23 which is now at the desk.
4132
1 ACTING PRESIDENT FARLEY:
2 Secretary will read Senator Stafford's bill.
3 THE SECRETARY: By Senator
4 Stafford, Senate Bill Number 2464, authorize the
5 Fort Ann Central School District to finance the
6 accumulated deficit.
7 ACTING PRESIDENT FARLEY: Senator
8 Present.
9 SENATOR BRUNO: Mr. President, I
10 now move to reconsider the vote by which this
11 bill was passed.
12 ACTING PRESIDENT FARLEY: The
13 Secretary will call the roll on reconsideration.
14 (The Secretary called the roll on
15 reconsideration. )
16 THE SECRETARY: Ayes 42.
17 ACTING PRESIDENT FARLEY: The
18 bill is before the house.
19 Senator Present.
20 SENATOR PRESENT: Mr. President,
21 I now offer the following amendments on behalf
22 of Senator Stafford.
23 ACTING PRESIDENT FARLEY: The
4133
1 amendments are received. The bill will retain
2 its place.
3 We have a substitution. Well,
4 we'll do the substitution, then we'll go to
5 Senator Saland.
6 THE SECRETARY: On page 36 of
7 today's calendar, Senator Saland moves to
8 discharge the Committee on Rules from Assembly
9 Bill Number 4856A, and substitute it for the
10 identical Third Reading 790.
11 ACTING PRESIDENT FARLEY:
12 Substitution is ordered.
13 Senator Saland.
14 SENATOR SALAND: Mr. President, I
15 would like to remove the star on Calendar Number
16 790 at this time.
17 ACTING PRESIDENT FARLEY: The
18 star is removed.
19 SENATOR SALAND: Thank you.
20 ACTING PRESIDENT FARLEY: 790.
21 Are there any other motions or things on the
22 floor?
23 Seeing none, Senator Present.
4134
1 SENATOR PRESENT: Mr. President,
2 go to non-controversial calendar, please.
3 ACTING PRESIDENT FARLEY:
4 Non-controversial.
5 THE SECRETARY: On page 4,
6 Calendar Number 82, by Senator Halperin, Senate
7 Bill Number 32A, an act to amend the Executive
8 Law, in relation to publication of certain
9 notices in the State Register.
10 ACTING PRESIDENT FARLEY: Read
11 the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT FARLEY: Call
15 the roll.
16 (The Secretary called the roll. )
17 THE SECRETARY: Ayes 42.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 four-sixty...
22 SENATOR PRESENT: Lay it aside.
23 ACTING PRESIDENT FARLEY: Lay it
4135
1 aside for the day.
2 THE SECRETARY: Calendar Number
3 524, by Senator Pataki, Senate Bill Number 2682,
4 an act to amend the Vehicle and Traffic Law.
5 ACTING PRESIDENT FARLEY: There
6 is a home rule message here at the desk.
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 42.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 555, by Senator Kuhl, Senate Bill Number 3282B,
18 an act to amend the General Municipal 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
4136
1 the roll.
2 (The Secretary called the roll. )
3 THE SECRETARY: Ayes 42.
4 ACTING PRESIDENT FARLEY: That
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 595, by Senator Kuhl, Senate Bill Number 2667A,
8 an act to amend the Navigation Law.
9 ACTING PRESIDENT FARLEY: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT FARLEY: Call
14 the roll.
15 (The Secretary called the roll. )
16 THE SECRETARY: Ayes 44.
17 ACTING PRESIDENT FARLEY: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 664, by member of the Assembly Koppell, Assembly
21 Bill Number 6439, Civil Practice Law and Rules.
22 ACTING PRESIDENT FARLEY: Read
23 the last section.
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1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT FARLEY: Call
4 the roll.
5 (The Secretary called the roll. )
6 THE SECRETARY: Ayes 44.
7 ACTING PRESIDENT FARLEY: That
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 759, by Senator Skelos, Senate Bill Number 4434,
11 an act to amend the Vehicle and Traffic Law.
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 44.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 813, by Senator Cook, Senate Bill Number 4936,
4138
1 an act to amend the Education Law, in relation
2 to shared services aid.
3 ACTING PRESIDENT FARLEY: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT FARLEY: Call
8 the roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 44.
11 ACTING PRESIDENT FARLEY: That
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 825, by Senator Seward, Senate Bill Number
15 4055A, an act to amend the Real Property Law.
16 ACTING PRESIDENT FARLEY: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT FARLEY: Call
21 the roll.
22 (The Secretary called the roll. )
23 THE SECRETARY: Ayes 44.
4139
1 ACTING PRESIDENT FARLEY: That
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 848, by Senator Levy, Senate Bill Number 5679,
5 an act to amend the Vehicle and Traffic Law.
6 ACTING PRESIDENT FARLEY: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT FARLEY: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 44.
14 ACTING PRESIDENT FARLEY: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 859, by Senator Volker, Senate Bill Number
18 3401A, an act to amend the Civil Practice Law
19 and Rules.
20 ACTING PRESIDENT FARLEY: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
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1 ACTING PRESIDENT FARLEY: Call
2 the roll.
3 (The Secretary called the roll. )
4 THE SECRETARY: Ayes 43, nays 1,
5 Senator Pataki recorded in the negative.
6 ACTING PRESIDENT FARLEY: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 881, by Senator Kuhl, Senate Bill Number 5222,
10 an act to amend the Agriculture and Markets Law.
11 ACTING PRESIDENT FARLEY: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 48.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 Senator Present, that's the first
22 time through. There's nothing else left.
23 SENATOR PRESENT: We're going to
4141
1 stand at ease for a while.
2 ACTING PRESIDENT FARLEY: We're
3 going to stand at ease for a while. The Senate
4 will stand at ease awaiting a Rules Committee.
5 (Whereupon, the Senate was at
6 ease. )
7 ACTING PRESIDENT FARLEY: Senator
8 Present.
9 SENATOR PRESENT: Mr. President,
10 very shortly, there will be a Rules Committee
11 meeting, and two of the bills to be reported out
12 of that Rules Committee meeting will be voted on
13 this afternoon, 5769 and 5676. They will be
14 reported directly to third reading and adopted
15 this afternoon.
16 ACTING PRESIDENT FARLEY: I don't
17 know if I can remember those numbers, but there
18 will be two bills reported out of the Rules
19 Committee. 5759, is it?
20 SENATOR PRESENT: 5769.
21 ACTING PRESIDENT FARLEY: 5769.
22 SENATOR PRESENT: And 5676.
23 ACTING PRESIDENT FARLEY: 5676.
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1 They will be voted on today.
2 Senator Galiber.
3 SENATOR GALIBER: Yes, Mr.
4 President. Can I have unanimous consent to make
5 a statement in regard to a bill that was on the
6 other day. It has to do with Calendar Number
7 697, and it was a -
8 ACTING PRESIDENT FARLEY: Senator
9 Present, there seems to be no objection. Is
10 there an objection to him making a statement?
11 SENATOR PRESENT: I have no
12 objection.
13 SENATOR GALIBER: Thank you. It
14 is Senate Number 4637, and I would like the
15 record to reflect that if I had been present at
16 that time, I would have voted in the negative.
17 Thank you.
18 SENATOR PRESENT: You're welcome.
19 ACTING PRESIDENT FARLEY: The
20 record will so state, Senator Galiber.
21 Senator DeFrancisco.
22 SENATOR DeFRANCISCO: I would
23 request unanimous consent to be recorded in the
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1 negative on Calendar Number 859 that was just
2 voted on.
3 ACTING PRESIDENT FARLEY: Senator
4 DeFrancisco will be in the negative on Calendar
5 859.
6 (Whereupon, at 1:28 p.m., the
7 Senate was at ease. )
8 (Whereupon, at 1:37 p.m., the
9 Senate reconvened. )
10 ACTING PRESIDENT FARLEY: Senator
11 Libous.
12 SENATOR LIBOUS: Mr. President,
13 on behalf of Senator Farley, on page 28, I offer
14 the following amendments to Calendar Number 888,
15 Senate Print 4953, and ask that said bill retain
16 its place on Third Reading Calendar.
17 ACTING PRESIDENT FARLEY: Thank
18 you. The bill will retain its place on Third
19 Reading Calendar.
20 Senator Seward.
21 SENATOR SEWARD: Yes, Mr.
22 President. I would like to remove a sponsor
23 star on Calendar Number 623, Senate Print Number
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1 4076A.
2 ACTING PRESIDENT FARLEY: The
3 star is removed at the request of the sponsor.
4 Senator Gold.
5 SENATOR GOLD: Senator Seward
6 yield to a question?
7 SENATOR SEWARD: No, I will not
8 yield.
9 ACTING PRESIDENT FARLEY: He
10 won't yield.
11 (Whereupon, at 1:39 p.m., Senate
12 was at ease. )
13 (The Senate reconvened briefly
14 with Senator Cook in the chair.)
15 ACTING PRESIDENT COOK: Senator
16 Present.
17 SENATOR PRESENT: There will be
18 an immediate meeting of the Rules Committee in
19 Room 332.
20 ACTING PRESIDENT COOK: Immediate
21 meeting of the Rules Committee in Room 332.
22 (Whereupon, at 2:54 p.m., Senate
23 reconvened with Senator Farley in the chair. )
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1 ACTING PRESIDENT FARLEY: Senate
2 will come to order.
3 Senator Present.
4 SENATOR PRESENT: Mr. President,
5 can we return to reports of standing committees.
6 ACTING PRESIDENT FARLEY: We
7 certainly shall. There is a Rules report. The
8 Secretary will read it.
9 THE SECRETARY: Senator Marino,
10 from the Committee on Rules, reports the
11 following bills directly for third reading:
12 Senate Bill Number 3184, by
13 Senator Nozzolio, an act to amend the Election
14 Law, in relation to polling places for
15 physically disabled voters.
16 Senate Bill Number 3814, by
17 Senator Libous, an act to amend the Real
18 Property Tax Law, in relation to permitting
19 disabled persons to pay taxes on principal
20 residences, reported with amendments.
21 Senate Bill Number 4066, by
22 Senator Larkin, an act to amend the Real
23 Property Tax Law, in relation to improvements
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1 required by the Americans with Disabilities Act
2 of 1990.
3 4215A, by Senator Sears, an act
4 to amend the Tax Law, in relation to allowing
5 the deduction for gross income.
6 4762, by Senator Libous, an act
7 to amend the Economic Development Law.
8 Senate Bill 4881, by Senator
9 Libous, an act to amend the Education Law,
10 procedures for conducting impartial hearing for
11 students with disabilities.
12 5056, by Senator Libous, an act
13 to amend the Tax Law, authorizing a tax credit
14 for employing individuals with disabilities.
15 5372, by Senator Saland, an act
16 to amend the Town Law, in relation to
17 authorizing fire district commissioners to
18 establish user fees.
19 5439, by Senator Libous, an act
20 to amend the Vehicle and Traffic Law, design
21 specifications for repaved and repainted
22 handicapped parking spaces, reported with
23 amendments.
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1 Senate Bill Number 5676, by the
2 Committee on Rules, an act relation to
3 implementation of the terms of collective
4 agreements.
5 Also, Senate Bill Number 5769, by
6 Senator Trunzo and others, Civil Service Law and
7 the State Finance Law, in relation to
8 compensation.
9 All bills reported directly for
10 third reading.
11 ACTING PRESIDENT FARLEY: All
12 bills reported directly to third reading.
13 Senator Present.
14 SENATOR PRESENT: Mr. President,
15 will you call up Calendar 915, please.
16 ACTING PRESIDENT FARLEY: 915.
17 Secretary will read it.
18 THE SECRETARY: Calendar Number
19 915, by Senator Trunzo, Senate Bill Number 5769,
20 an act to amend the Civil Service Law and the
21 State Finance Law, in relation to compensation
22 benefits.
23 SENATOR PRESENT: Mr. President,
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1 is there a message of necessity at the desk?
2 ACTING PRESIDENT FARLEY: There
3 is a message.
4 SENATOR PRESENT: I move we
5 accept the message.
6 ACTING PRESIDENT FARLEY: All in
7 favor of accepting the message, say aye.
8 (Response of "Aye.")
9 Those opposed, nay.
10 (There was no response. )
11 The message is accepted.
12 Would you like the last section
13 read?
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT FARLEY: Call
18 the roll.
19 (The Secretary called the roll. )
20 THE SECRETARY: Ayes 51.
21 ACTING PRESIDENT FARLEY: That
22 bill is passed.
23 Senator Present.
4149
1 SENATOR PRESENT: Mr. President,
2 call up Calendar 925, please.
3 ACTING PRESIDENT FARLEY:
4 Secretary will call up 925. There is a
5 substitution. Read the substitution.
6 THE SECRETARY: Senator Stafford
7 moves to discharge the Committee on Finance from
8 Assembly Bill Number 7616 and substitute it for
9 the identical Third Reading 925.
10 ACTING PRESIDENT FARLEY:
11 Substitution is ordered.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT FARLEY: Call
16 the roll.
17 (The Secretary called the roll. )
18 THE SECRETARY: Ayes 51.
19 ACTING PRESIDENT FARLEY: The
20 bill is passed.
21 We have two substitutions.
22 THE SECRETARY: On page 14 of
23 today's calendar, Senator Nozzolio moves to
4150
1 discharge the Committee on Rules from Assembly
2 Bill Number 5401A and substitute it for the
3 identical Third Reading 583.
4 ACTING PRESIDENT FARLEY:
5 Substitution is ordered.
6 THE SECRETARY: On page 23,
7 Senator Saland moves to discharge the Committee
8 on Rules from Assembly Bill Number 5789A and
9 substitute it for the identical Third Reading
10 791.
11 ACTING PRESIDENT FARLEY:
12 Substitution is ordered.
13 Senator Present.
14 SENATOR PRESENT: Mr. President,
15 there being no further business, I move we
16 adjourn until Tuesday, June 1st, at 2:30 p.m.,
17 intervening days to be legislative days.
18 ACTING PRESIDENT FARLEY: The
19 Senate will stand adjourned until Tuesday at
20 2:15 p.m., intervening legislative days.
21 (Whereupon, at 2:58 p.m., the
22 Senate adjourned. )
23