Regular Session - January 25, 1994
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9 ALBANY, NEW YORK
10 January 25, 1994
11 3:29 p.m.
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14 REGULAR SESSION
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18 SENATOR HUGH T. FARLEY, 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 FARLEY: The
3 Senate will come to order. Please rise with me
4 for the Pledge of Allegiance to the Flag.
5 (The assemblage repeated the
6 Pledge of Allegiance to the Flag.)
7 Today we're pleased to have
8 Reverend Peter G. Young, Pastor of Blessed
9 Sacrament Church of Bolton Landing give us the
10 opening prayer.
11 REVEREND PETER G. YOUNG: Let us
12 pray.
13 Almighty and ever loving God, You
14 have given us this good land for our heritage.
15 We humbly ask You that we may always prove
16 ourselves a people mindful of Your favor and
17 glad to do Your will. Bless our land with
18 honorable endeavor, sound learning and pure
19 manners. Save us from violence, discord and
20 confusion, from pride and arrogance and from
21 every evil way. Defend our liberties and
22 fashion us into one united people, the multitude
23 brought here out of many nations and tongues.
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1 Endow us with the spirit of wisdom here in this
2 Senate chamber so that the Senators to whom, in
3 Your good name, we entrust the authority of
4 government, that there may be justice and peace
5 and that, through obedience to Your law, we may
6 show forth Your praise among all of the people
7 of the state of New York. In time of
8 prosperity, fill our hearts with thankfulness.
9 In the day of trouble do not allow our trust in
10 You to fail. Now and forever. Amen.
11 ACTING PRESIDENT FARLEY: Thank
12 you, Father Young.
13 The Secretaary will begin by
14 reading the Journal.
15 THE SECRETARY: In Senate, Monday
16 January 24th. The Senate met pursuant to
17 adjournment, Senator Spano in the Chair upon
18 designation of the Temporary President. The
19 Journal of Friday, January 21st, was read and
20 approved. On motion, Senate adjourned.
21 ACTING PRESIDENT FARLEY: Hearing
22 no objection, the Journal will stand approved as
23 read.
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1 The order of business:
2 Presentation of petitions.
3 Messages from the Assembly.
4 Messages from the Governor.
5 Reports of standing committees.
6 We have a report of a standing committee,
7 Senator Present. Secretary will read it.
8 THE SECRETARY: Senator Kuhl,
9 from the Committee on Agriculture, reports the
10 following bills directly for third reading:
11 Senate Bill Number 537, by
12 Senator Kuhl and others, an act to amend the
13 Agriculture and Markets Law;
14 4654, by Senator Kuhl and others,
15 Agriculture and Markets Law, in relation to
16 agricultural assessments;
17 535, by Senator Kuhl, an act to
18 amend the Agriculture and Markets Law;
19 3336, by Senator Kuhl, an act to
20 amend the Agriculture and Markets Law;
21 3413, by Senator Kuhl, an act to
22 amend the Agriculture and Markets Law;
23 4426-A, by Senator Kuhl and
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1 others, an act to amend the Agriculture and
2 Markets Law.
3 Also Senator Tully, from the
4 Committee on Health, reports the following bills
5 directly for third reading:
6 Senate Bill Number 26-A, by
7 Senators Tully and Larkin, Public Health Law;
8 3137, by Senator Daly, an act to
9 amend the Public Health Law;
10 4943-A by Senator Spano, an act
11 to amend the Public Health Law;
12 6419, by Senator Tully, New York
13 State Medical Care Facilities Finance Agency
14 Act.
15 Senator Skelos, from the
16 Committee on Aging, reports the following bills
17 directly for third reading:
18 Senate Bill Number 324, by
19 Senators Levy and Hannon, authorizing the
20 Department of Transportation to survey areas of
21 the state;
22 1357, by Senator Johnson, Real
23 Property Tax Law;
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1 1422-B, by Senator Skelos,
2 Economic Development Law;
3 1605, by Senator Skelos, Public
4 Health Law and the Correction Law;
5 1703-A, by Senator Johnson, Real
6 Property Tax Law.
7 Senator Cook, from the Committee
8 on Education, reports the following bills
9 directly for third reading: Senate Bill Number
10 1654-A, by Senator Cook and others, Education
11 Law;
12 2014-A, by Senator Farley and
13 others, Education Law;
14 2802, by Senator Johnson,
15 Education Law;
16 4794-A, by Senator Daly, an act
17 to amend the Education Law; and
18 6215-A, by Senator Kuhl and
19 others, Education Law.
20 Senator Padavan, from the
21 Committee on Cities, reports the following bills
22 directly for third reading:
23 Senate Bill Number 2186, by
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1 Senator Bruno, Real Property Tax Law;
2 5059, by Senator Maltese, Real
3 Property Tax Law;
4 6183, by Senator Farley, Real
5 Property Tax Law.
6 Senator Levy, from the Committee
7 on Transportation, reports the following bills
8 directly for third reading:
9 Senate Bill Number 74, by Senator
10 Levy, Highway Law, and the Executive Law;
11 Senate Bill 78, by Senator Levy,
12 General Business Law;
13 191, by Senator Levy, Vehicle and
14 Traffic Law;
15 192, by Senator Levy and others,
16 Highway Law;
17 2778, by Senator Stafford,
18 Vehicle and Traffic Law;
19 2999, by Senator Johnson and
20 others, Vehicle and Traffic Law;
21 3026, by Senator Cook, Vehicle
22 and Traffic Law;
23 3945, by Senator Bruno, Vehicle
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1 and Traffic Law;
2 4850, by Senator Levy, an act to
3 amend the Highway Law.
4 Senator Johnson, from the
5 Committee on Environmental Conservation, reports
6 the following bills directly for third reading:
7 661, by Senator Johnson,
8 Environmental Conservation Law;
9 1303, by Senator Johnson and
10 others, Environmental Conservation Law;
11 6067-A, by Senators Daly and
12 others, Environmental Conservation Law;
13 6371, by Senator John... excuse
14 me. 6371, by Senator Johnson, Environmental
15 Conservation Law.
16 Senator Farley, from the
17 Committee on Banks, reports the following bills
18 directly for third reading:
19 Senate Bill 475, by Senator
20 Johnson and others, an act to amend the Banking
21 Law and the Tax Law;
22 4953-A, by Senator Farley, an act
23 to amend the Banking Law;
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1 6525, by Senator Farley, an act
2 to amend the General Business Law.
3 Senator Goodman, from the
4 Committee on Investigations, Taxation and
5 Government Operations, reports the following
6 bills directly for third reading:
7 Senate Bill Number 1616, by
8 Senator Farley and others, Public Officers Law;
9 6384, by Senator Stafford, an act
10 to amend the Tax Law;
11 6490-A, by Senator Libous, an act
12 to amend the Tax Law.
13 Senator Saland, from the
14 Committee on Children and Families, reports the
15 following bills directly for third reading:
16 Senate Bill 2377, by Senator
17 Saland, Family Court Act;
18 2378, by Senator Saland, Social
19 Services Law;
20 3379, by Senator Saland, Family
21 Court Act;
22 4373-A, by Senator Libous and
23 others, Social Services Law; and
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1 4868, by Senator Saland, Family
2 Court Act.
3 All bills reported directly for
4 third reading.
5 ACTING PRESIDENT FARLEY: All
6 bills are reported directly to third reading.
7 Continuing the order of
8 business: Reports of select committees.
9 Communications and reports from
10 state officers.
11 Motions and resolutions. Senator
12 Present.
13 SENATOR PRESENT: Mr. President,
14 I hand up -- Senator Marino hands up the
15 following changes of minority leadership assign
16 ments. I'd ask they be read and properly filed.
17 ACTING PRESIDENT FARLEY: The
18 Secretary will read the minority leadership
19 assignments and file them in the Journal.
20 THE SECRETARY: Senator Marino
21 hands up the following changes in minority
22 leadership assignments:
23 Senator Stachowski replacing
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1 Senator Joseph Galiber as Assistant Minority
2 Leader for Policy and Administration;
3 Senator George Onorato as
4 Assistant Minority Leader for Conference
5 Operations;
6 Senator Martin Connor replacing
7 Senator William Stachowski as Assistant Minority
8 Leader for Floor Operations; and Senator Leonard
9 Stavisky replacing Senator George Onorato as
10 Assistant Minority Whip.
11 ACTING PRESIDENT FARLEY: All
12 changes will be filed in the Journal.
13 Motions and resolutions. Are
14 there some motions, Senator Present?
15 SENATOR PRESENT: Mr. President,
16 I move that we adopt the Resolution Calendar
17 which is on our desks.
18 ACTING PRESIDENT FARLEY: All in
19 favor of adopting the Resolution Calendar which
20 is on our desks, say aye.
21 (Response of "Aye.")
22 Opposed nay.
23 (There was no response.)
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1 The resolutions are adopted.
2 Are there any motions on the
3 floor? Seeing none, Senator Present, what's
4 your pleasure?
5 SENATOR PRESENT: Mr. President,
6 let's take up the non-controversial calendar,
7 please.
8 ACTING PRESIDENT FARLEY:
9 Non-controversial. The Secretary will read.
10 THE SECRETARY: On page 4,
11 Calendar Number 13, by Senator Levy, Senate Bill
12 Number 1313.
13 SENATOR GOLD: Lay aside.
14 ACTING PRESIDENT FARLEY: Lay
15 that bill aside.
16 THE SECRETARY: Calendar Number
17 48, by Senator Johnson.
18 SENATOR GOLD: Lay it aside.
19 ACTING PRESIDENT FARLEY: Lay
20 that bill aside.
21 THE SECRETARY: Calendar Number
22 49, by Senator Marino, Senate Bill Number
23 3237-A.
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1 SENATOR GOLD: Lay aside.
2 ACTING PRESIDENT FARLEY: Laid
3 aside.
4 THE SECRETARY: Calendar Number
5 57, by Senator Skelos, Senate Bill Number 5321.
6 SENATOR GOLD: Lay it aside.
7 ACTING PRESIDENT FARLEY: Laid
8 aside.
9 THE SECRETARY: Calendar Number
10 60, by Senator Velella, Senate Bill Number
11 3583-A, an act to amend the Insurance 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 51.
20 ACTING PRESIDENT FARLEY: The
21 bill is passed.
22 That's the first time through,
23 Senator Present. Controversial?
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1 SENATOR PRESENT: Mr. President,
2 controversial calendar, please.
3 ACTING PRESIDENT FARLEY:
4 Controversial calendar. The Secretary will
5 read.
6 THE SECRETARY: On page 4.
7 SENATOR PRESENT: Lay aside.
8 ACTING PRESIDENT FARLEY: Lay it
9 aside.
10 THE SECRETARY: Calendar Number
11 48, by Senator Johnson, Senate Bill Number 3059,
12 an act to amend the Penal Law.
13 SENATOR JOHNSON: Star the bill,
14 please.
15 ACTING PRESIDENT FARLEY: Did you
16 say star the bill?
17 SENATOR JOHNSON: Yes.
18 ACTING PRESIDENT FARLEY: Star
19 the bill at the request of the sponsor.
20 THE SECRETARY: Calendar Number
21 49, by Senator Marino, Senate Bill 3237-A, an
22 act to amend the Criminal Procedure Law.
23 SENATOR PRESENT: Lay it aside.
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1 ACTING PRESIDENT FARLEY: Laid
2 aside.
3 THE SECRETARY: Calendar Number
4 57, by Senator Skelos, Senate Bill Number 5321,
5 an act to amend the Correction Law and the
6 County Law.
7 SENATOR GOLD: Explanation.
8 ACTING PRESIDENT FARLEY:
9 Explanation has been asked for. Senator
10 Skelos.
11 SENATOR SKELOS: Senator Gold,
12 this bill establishes a procedure to determine
13 whether a person has sufficient means or is able
14 to earn such means to reimburse a county or a
15 city for housing, food and medical care incurred
16 by the county or city during the period of
17 imprisonment.
18 Now, the court will make the
19 award for reimbursement and, in doing so, the
20 court will consider the prisoner's financial
21 resources, health, age and other obligations.
22 SENATOR GOLD: Will the Senator
23 yield to a question?
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1 SENATOR SKELOS: Sure.
2 ACTING PRESIDENT FARLEY: Senator
3 Skelos.
4 SENATOR GOLD: Senator -
5 Senator, are you -- are you an attorney, sir?
6 SENATOR SKELOS: Am I what?
7 SENATOR GOLD: An attorney.
8 SENATOR SKELOS: I am an
9 attorney. I'm admitted to practice law in the
10 state of New York.
11 SENATOR GOLD: Yeah, but you
12 don't practice in Queens County, is that
13 correct?
14 SENATOR SKELOS: I don't practice
15 where?
16 SENATOR GOLD: Queens County.
17 SENATOR SKELOS: No.
18 SENATOR GOLD: Because I want to
19 point out, last year Jerry Weinstein voted
20 against this, and he's now a judge in Queens
21 County.
22 Mr. President, we've debated this
23 before. Last year I think it died in committee
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1 and the year before Senators Galiber, Markowitz,
2 Montgomery, Paterson and Walden were in the
3 negative.
4 ACTING PRESIDENT FARLEY: Read
5 the last section.
6 THE SECRETARY: Section 7. 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 52.
12 ACTING PRESIDENT FARLEY: The
13 bill is passed.
14 Senator Present.
15 SENATOR PRESENT: Mr. President,
16 there -
17 ACTING PRESIDENT FARLEY: Hold
18 on. We're still on that roll call. Senator
19 Markowitz, you wish to be in the negative on 57,
20 by Senator Skelos.
21 Senator Present.
22 SENATOR PRESENT: Would you
23 recognize Senator Rath, please.
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1 ACTING PRESIDENT FARLEY: Senator
2 Rath.
3 SENATOR RATH: Mr. President, I
4 would like the assembled Senators, guests,
5 staff, dignitaries, friends to note that today
6 is the last time the Senate will be meeting
7 before all of us have an opportunity to cheer on
8 once again the world's -- the soon-to-be world
9 championship Buffalo Bills.
10 I'd like you all, when the Bills
11 on Sunday win, say, Yea Bills; yea, Buffalo. I
12 can hear you from over at the other end of the
13 state.
14 Thank you.
15 SENATOR GOLD: Where is my
16 ticket?
17 ACTING PRESIDENT FARLEY: Without
18 objection.
19 Senator Dollinger.
20 SENATOR DOLLINGER: Mr.
21 President, I just rise -- I'm not sure it's in
22 order, but I know there is an exhibit down
23 stairs which members of the Legislature have
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1 offered, and I would like to commend Senator
2 Farley for his work in doing that and commend it
3 to all of you for your attention.
4 It's done in a real bipartisan
5 spirit, Mr. President. When you have two
6 members of the same family bearing the last name
7 of Roosevelt, both of whom not only left this
8 body or left the chamber and became President of
9 the United States, and when you find out that
10 one is a Democrat and one is a Republican, it's
11 a true testament that bipartisanship occurs even
12 in those who were members of this body.
13 So I commend the President that
14 it's a good exhibit and interesting.
15 ACTING PRESIDENT FARLEY: Thank
16 you.
17 Senator Present.
18 SENATOR PRESENT: Mr. President,
19 there being no further business, I move that we
20 adjourn until Monday -
21 SENATOR GOLD: Will you hold on?
22 SENATOR PRESENT: Going to hold
23 it for one minute.
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1 Mr. President.
2 ACTING PRESIDENT FARLEY: Senator
3 Stachowski.
4 SENATOR STACHOWSKI: Just to make
5 it bipartisan well wishing, since Senator Rath
6 wished the Bills well, it would be incumbent on
7 myself for this side of the aisle to also say
8 that obviously we from Buffalo are tickled and
9 we're the first team ever to go to four straight
10 Super Bowls. However, we wouldn't want to just
11 say four in a row because some people might get
12 the wrong impression, particularly those Giant
13 and Jet fans that happen to share this chamber
14 with us, and we'd like to say this: Four times
15 we're going but this year it will be different.
16 So, although we don't like the
17 past, we don't dwell on it; we'd rather look
18 forward to the future, and we hope that this
19 year Buffalo brings the football championship
20 back to the state of New York.
21 Thank you very much.
22 ACTING PRESIDENT FARLEY: Are you
23 guaranteeing a win?
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1 SENATOR STACHOWSKI: There's no
2 guarantee of anything only to die and pay taxes
3 hopefully.
4 ACTING PRESIDENT FARLEY: Senator
5 Present, you still have the floor.
6 SENATOR PRESENT: Mr. President,
7 there being no further business, I move that we
8 adjourn until Monday, January 31st, intervening
9 days to be legislative days.
10 ACTING PRESIDENT FARLEY: This -
11 the Senate will stand adjourned until Monday,
12 the 31st, intervening legislative days.
13 (Whereupon at 4:46 p.m., the
14 Senate adjourned. )
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