Regular Session - January 24, 1994
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9 ALBANY, NEW YORK
10 January 24, 1994
11 3:14 p.m.
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14 REGULAR SESSION
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18 SENATOR NICHOLAS A. SPANO, Acting President
19 STEPHEN F. SLOAN, Secretary
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1 P R O C E E D I N G S
2 ACTING PRESIDENT SPANO: Senate
3 will come to order.
4 All please rise to the Pledge of
5 Allegiance to the Flag.
6 (Whereupon, the Senate joined in
7 the Pledge of Allegiance to the Flag.)
8 In the absence of clergy, please
9 bow our heads for a moment of silence.
10 (Whereupon, there was a moment of
11 silence.)
12 Reading of the Journal.
13 THE SECRETARY: In Senate,
14 Friday, January 21. The Senate met pursuant to
15 adjournment. Senator Farley in the chair upon
16 designation of the Temporary President. The
17 Journal of Thursday, January 20, was read and
18 approved. On motion, Senate adjourned.
19 ACTING PRESIDENT SPANO: Hearing
20 no objection, the Journal stands approved as
21 read.
22 Presentation petitions.
23 Messages from the Assembly.
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1 Messages from the Governor.
2 Reports of standing committees.
3 The Secretary will read.
4 THE SECRETARY: Senator Velella
5 from the Committee on Insurance reports the
6 following bills directly for third reading:
7 Senate Bill Number 2232B, by
8 Senator Velella, an act to amend the Insurance
9 Law.
10 Senate Bill Number 2599A, by
11 Senator Velella, an act to amend the Insurance
12 Law.
13 Senate Bill Number 3583A, by
14 Senator Velella and others, an act to amend the
15 Insurance Law.
16 3717A, by Senator Velella, an act
17 to amend the Insurance Law.
18 And Senate Bill Number 6398, by
19 Senator Velella, an act to amend the Insurance
20 Law, in relation to dental risk management
21 programs.
22 All bills reported directly for
23 third reading.
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1 ACTING PRESIDENT SPANO: Without
2 objection, third reading.
3 SENATOR GOLD: Mr. President.
4 ACTING PRESIDENT SPANO: Senator
5 Gold.
6 SENATOR GOLD: On behalf of
7 Senator Solomon, and at the request of his
8 colleague from Brooklyn, Senator DiCarlo, I move
9 that the following bill be discharged from its
10 respective committee and be recommitted with
11 instructions to strike the enacting clause:
12 2685.
13 ACTING PRESIDENT SPANO: Senator
14 Wright.
15 SENATOR WRIGHT: Mr. President.
16 On behalf of Senator Bruno, I'd like to offer
17 the following amendments to the calendar. I
18 have several of them.
19 On page number 5, Calendar 40,
20 Senate 6300.
21 Page 4, Calendar Number 25,
22 Senate Print 1744A.
23 On page 4, Calendar 29, Senate
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1 Print 4615A.
2 On page 4, Calendar 30, Senate
3 Print 4616A.
4 And, on page 4, Calendar 3 -
5 excuse me -- Calendar 31, Senate Print 4617A.
6 And I ask that the bills retain
7 their place on Third Reading Calendar.
8 Also, Mr. President, on behalf of
9 Senator Nozzolio, I would request, on page 5,
10 the following amendments to Calendar 36, Senate
11 Print Number 2507, and ask that the bill retain
12 its place on Third Reading Calendar.
13 ACTING PRESIDENT SPANO: Without
14 objection.
15 Any other motions, resolutions?
16 Substitutions?
17 Secretary will read.
18 THE SECRETARY: I don't have any.
19 ACTING PRESIDENT SPANO: Senator
20 Present, we're ready to begin the calendar.
21 SENATOR PRESENT: Mr. President.
22 Can we take up the noncontroversial calendar,
23 please.
157
1 ACTING PRESIDENT SPANO:
2 Secretary will read noncontroversial calendar.
3 THE SECRETARY: On page 4 of
4 today's calendar, Calendar Number 13, by Senator
5 Levy.
6 SENATOR GOLD: Lay it aside.
7 ACTING PRESIDENT SPANO: Lay it
8 aside.
9 SENATOR PRESENT: Lay it aside
10 for the day.
11 ACTING PRESIDENT SPANO: Lay it
12 aside for the day.
13 SENATOR GOLD: Lay it aside for
14 the week.
15 THE SECRETARY: Calendar Number
16 32, by Senator Levy.
17 SENATOR GOLD: Lay it aside.
18 ACTING PRESIDENT SPANO: Lay it
19 aside.
20 SENATOR GOLD: Actually, forget
21 about it. Last section.
22 ACTING PRESIDENT SPANO: Senator
23 Gold removes his objection to Calendar 32.
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1 THE SECRETARY: Calendar Number
2 32, by Senator Levy, Senate Bill Number 67, an
3 act in relation to requiring the Department of
4 Motor Vehicles to inform the public of problems.
5 ACTING PRESIDENT SPANO: Read the
6 last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT SPANO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 31. Nays
13 4. Senators Holland, Present, Rath and Wright
14 recorded in the negative.
15 ACTING PRESIDENT SPANO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 33, by Senator Levy, Senate Bill Number 68, an
19 act to amend the Vehicle and Traffic Law.
20 ACTING PRESIDENT SPANO: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
159
1 ACTING PRESIDENT SPANO: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 32. Nays
5 4. Senators Holland, Present, Rath and Wright
6 recorded in the negative.
7 ACTING PRESIDENT SPANO: The bill
8 is passed.
9 SENATOR LIBOUS: Mr. President.
10 ACTING PRESIDENT SPANO: Senator
11 Libous.
12 SENATOR LIBOUS: Could I have
13 unanimous consent to be recorded in the negative
14 on Calendar Number 32?
15 ACTING PRESIDENT SPANO: Without
16 objection.
17 SENATOR COOK: Mr. President.
18 ACTING PRESIDENT SPANO: Senator
19 Cook.
20 SENATOR COOK: Same request on
21 Number 32, please.
22 ACTING PRESIDENT SPANO: Without
23 objection.
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1 Senator Kuhl.
2 SENATOR KUHL: Same request.
3 SENATOR FARLEY: (Indicating
4 "Nay.")
5 ACTING PRESIDENT SPANO: Senator
6 Farley same request.
7 SENATOR LARKIN: (Indicating
8 "Nay.")
9 ACTING PRESIDENT SPANO: Senator
10 Larkin in the negative.
11 THE SECRETARY: Calendar Number
12 34, by Senator Levy, Senate Bill Number 70, an
13 act to amend the Vehicle and Traffic Law.
14 ACTING PRESIDENT SPANO: Read the
15 last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT SPANO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 45.
22 ACTING PRESIDENT SPANO: The bill
23 is passed.
161
1 THE SECRETARY: Calendar Number
2 35, by Senator LaValle, Senate Bill Number 610,
3 Vehicle and Traffic Law, in relation to traffic
4 control signal indicators.
5 ACTING PRESIDENT SPANO: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT SPANO: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 44. Nays
13 1. Senator Leichter recorded in the negative.
14 THE SECRETARY: Calendar Number
15 38, by Senator Skelos, Senate Bill Number 4434,
16 an act to amend the Vehicle and Traffic Law.
17 ACTING PRESIDENT SPANO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT SPANO: Call the
22 roll.
23 (The Secretary called the roll.)
162
1 THE SECRETARY: Ayes 45.
2 ACTING PRESIDENT SPANO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 39, by Senator Libous, Senate Bill Number 4489,
6 Vehicle and Traffic Law, in relation to
7 increasing the amount of the fine imposed for
8 illegally parking.
9 ACTING PRESIDENT SPANO: Read the
10 last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT SPANO: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 43. Nays
17 2. Senators DiCarlo and Kuhl recorded in the
18 negative.
19 ACTING PRESIDENT SPANO: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 42, by Senator Tully, Senate Bill Number 234, an
23 act to amend the Penal Law.
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1 ACTING PRESIDENT SPANO: Read the
2 last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT SPANO: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 45.
9 ACTING PRESIDENT SPANO: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 43, by Senator Saland, Senate Bill Number 888,
13 an act to amend the Penal Law.
14 ACTING PRESIDENT SPANO: Read the
15 last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT SPANO: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 45.
22 ACTING PRESIDENT SPANO: The bill
23 is passed.
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1 THE SECRETARY: Calendar Number
2 44, by Senator Tully, Senate Bill Number 1243A,
3 an act to amend the Penal Law.
4 ACTING PRESIDENT SPANO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT SPANO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 45.
12 ACTING PRESIDENT SPANO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 45, by Senator Saland, Senate Bill Number 1554,
16 an act to amend the Criminal Procedure Law.
17 ACTING PRESIDENT SPANO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT SPANO: Call the
22 roll.
23 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes 45.
2 ACTING PRESIDENT SPANO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 46, by Senator Lack, Senate Bill Number 2123, an
6 act to amend the Penal Law.
7 ACTING PRESIDENT SPANO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT SPANO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 45.
15 ACTING PRESIDENT SPANO: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 48, by Senator Johnson, Senate Bill Number -
19 SENATOR STACHOWSKI: Lay it
20 aside.
21 ACTING PRESIDENT SPANO: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
166
1 49, by Senator Marino -
2 SENATOR STACHOWSKI: Lay it
3 aside.
4 THE SECRETARY: -- Senate Bill
5 Number 3237A.
6 ACTING PRESIDENT SPANO: Lay it
7 aside.
8 THE SECRETARY: Calendar Number
9 50, by Senator Volker, Senate Bill Number 3866,
10 Criminal Procedure Law, in relation to the
11 definition of child witness.
12 ACTING PRESIDENT SPANO: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT SPANO: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 45.
20 ACTING PRESIDENT SPANO: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 51, by Senator Volker, Senate Bill Number 4091,
167
1 an act to amend the Penal Law, in relation to
2 assault in the second degree.
3 ACTING PRESIDENT SPANO: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT SPANO: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 45.
11 ACTING PRESIDENT SPANO: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 52, by Senator Libous, Senate Bill Number 4891,
15 an act to amend the Penal Law.
16 SENATOR LEICHTER: Lay it aside.
17 ACTING PRESIDENT SPANO: Lay it
18 aside.
19 SENATOR PRESENT: Lay it aside
20 for the day.
21 ACTING PRESIDENT SPANO: Lay
22 Senator Libous bill aside for the day.
23 THE SECRETARY: Calendar Number
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1 53, by Senator DiCarlo, Senate Bill Number 6380,
2 act to amend the Criminal Procedure Law and the
3 Penal Law, in relation to felony sex offenses.
4 ACTING PRESIDENT SPANO: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT SPANO: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 45.
12 ACTING PRESIDENT SPANO: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 56, by Senator Maltese, Senate Bill Number 3799,
16 an act to amend the Executive Law.
17 ACTING PRESIDENT SPANO: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT SPANO: Call the
22 roll.
23 (The Secretary called the roll.)
169
1 THE SECRETARY: Ayes 45.
2 ACTING PRESIDENT SPANO: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 57, by Senator Skelos.
6 SENATOR STACHOWSKI: Lay it
7 aside.
8 ACTING PRESIDENT SPANO: Lay it
9 aside.
10 Senator Present, that completes
11 the noncontroversial calendar.
12 SENATOR LEICHTER: Mr. President.
13 ACTING PRESIDENT SPANO: Senator
14 Leichter.
15 SENATOR LEICHTER: Yes, just
16 before we do that, I think I was the only one
17 that had any objection to Calendar 52. I have
18 no problem with that bill if you want to call it
19 back up. That's Senator Libous' bill.
20 ACTING PRESIDENT SPANO: Senator
21 Libous, you indicated you wanted the bill laid
22 aside for the day.
23 SENATOR LIBOUS: If he doesn't
170
1 have any trouble with it, that's fine.
2 ACTING PRESIDENT SPANO:
3 Secretary will read Calendar 52.
4 THE SECRETARY: Calendar 52, by
5 Senator Libous, Senate Bill Number 4891, an act
6 to amend the Penal Law.
7 ACTING PRESIDENT SPANO: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT SPANO: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 45.
15 ACTING PRESIDENT SPANO: The bill
16 is passed.
17 Senator Present, that concludes
18 the noncontroversial calendar.
19 SENATOR PRESENT: Mr. President.
20 Let's take up the controversial calendar,
21 please.
22 ACTING PRESIDENT SPANO:
23 Secretary will read.
171
1 THE SECRETARY: On page 6,
2 Calendar Number 48, by Senator Johnson, Senate
3 Bill Number 3059, an act to amend the Penal Law,
4 in relation to chemical agents and chemical
5 agent weapons.
6 SENATOR JOHNSON: Lay it aside.
7 ACTING PRESIDENT SPANO: Lay it
8 aside at the request of the sponsor.
9 THE SECRETARY: Calendar Number
10 49, by Senator Marino, Senate Bill Number 3237A,
11 an act to amend the Criminal Procedure Law.
12 SENATOR PRESENT: Lay it aside.
13 ACTING PRESIDENT SPANO: Lay it
14 aside.
15 THE SECRETARY: Calendar Number
16 57, by Senator Skelos, Senate Bill Number 5321,
17 an act to amend the Correction Law and the
18 County Law.
19 SENATOR STACHOWSKI: Explanation.
20 SENATOR ONORATO: Explanation.
21 SENATOR PRESENT: Lay it aside
22 temporarily.
23 ACTING PRESIDENT SPANO: Lay
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1 Calendar 57 aside.
2 Senator Nozzolio.
3 SENATOR NOZZOLIO: Mr.
4 President. I ask unanimous consent to be
5 recorded in the negative on Calendar Number 33.
6 THE SECRETARY: Calendar Number
7 33, Senator Nozzolio will be recorded in the
8 negative, without objection.
9 SENATOR NOZZOLIO: Yes, thank
10 you, Mr. President.
11 SENATOR SEWARD: Mr. President.
12 ACTING PRESIDENT SPANO: Senator
13 Seward.
14 SENATOR SEWARD: I ask unanimous
15 consent to be recorded in the negative on
16 Calendar Number 32 and 33.
17 ACTING PRESIDENT SPANO: Without
18 objection.
19 Senator DeFrancisco.
20 SENATOR DeFRANCISCO: I would
21 request the same unanimous consent to be
22 recorded in the negative on Calendar 32 and 33.
23 ACTING PRESIDENT SPANO: Without
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1 objection.
2 Senator Maltese.
3 SENATOR MALTESE: Mr. President.
4 I ask unanimous consent to be recorded in the
5 negative on Calendar Number 32.
6 ACTING PRESIDENT SPANO: Without
7 objection.
8 SENATOR DALY: Mr. President.
9 ACTING PRESIDENT SPANO: Senator
10 Daly.
11 SENATOR DALY: May I have
12 unanimous consent to be voted in the negative on
13 Calendar Number 32, Print Number 67.
14 ACTING PRESIDENT SPANO: Without
15 objection.
16 SENATOR DALY: And also on
17 Calendar Number 33, Print 68.
18 ACTING PRESIDENT SPANO: Without
19 objection.
20 Senator Sears.
21 SENATOR SEARS: Mr. President.
22 Would you record me in the negative on Calendar
23 Number 33, please.
174
1 ACTING PRESIDENT SPANO: Without
2 objection.
3 Senator Saland.
4 SENATOR SALAND: Mr. President.
5 I, too, would like unanimous consent to be
6 recorded in the negative on Calendar Number 32.
7 ACTING PRESIDENT SPANO: 32,
8 without objection.
9 SENATOR SALAND: Thank you.
10 ACTING PRESIDENT SPANO: Senator
11 Present, with the exception of Calendar 57, that
12 completes the controversial calendar.
13 Senator Hoffmann.
14 SENATOR HOFFMANN: Mr.
15 President. I request unanimous consent to be
16 recorded in the negative on Calendar 32, 33 and
17 40.
18 ACTING PRESIDENT SPANO: Without
19 objection.
20 SENATOR HOFFMANN: Thank you.
21 ACTING PRESIDENT SPANO: Senator
22 Present.
23 SENATOR GOLD: Mr. President.
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1 ACTING PRESIDENT SPANO: Can we
2 have some order in the chamber, please?
3 Excuse me, Senator Hoffmann.
4 Senator Hoffmann, Calendar Number 40 was not
5 passed.
6 SENATOR HOFFMANN: I was in error
7 on my request Calendar 40.
8 ACTING PRESIDENT SPANO: That
9 bill was amended previously.
10 SENATOR HOFFMANN: Thank you for
11 being so alert.
12 ACTING PRESIDENT SPANO: Senator
13 Gold.
14 SENATOR GOLD: Yes, I'm sorry I
15 was distracted. On Calendar Number 53, can we
16 have a party vote? In the affirmative.
17 (Laughter.)
18 Never mind.
19 ACTING PRESIDENT SPANO: I think
20 you're violating Rule 3, Senator Gold.
21 Senator Present.
22 SENATOR PRESENT: Mr. President.
23 There being no further business, I move that we
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1 adjourn until tomorrow at 3:00 p.m.
2 ACTING PRESIDENT SPANO: Senate
3 will stand adjourned until tomorrow at 3:00 p.m.
4 (Whereupon, at 4:05 p.m., Senate
5 adjourned.)
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