Regular Session - March 7, 1994
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10 ALBANY, NEW YORK
11 March 7, 1994
12 3:31 p.m.
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15 REGULAR SESSION
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19 SENATOR HUGH T. FARLEY, Acting President
20 STEPHEN F. SLOAN, Secretary
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883
1 P R O C E E D I N G S
2 ACTING PRESIDENT FARLEY: The
3 Senate will come to order. Senators, please
4 find their seats. Please rise with me for the
5 Pledge of Allegiance to the Flag.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT FARLEY: We are
9 pleased to have with us today the Reverend
10 Finley Schaef of Park Slope United Methodist
11 Church of Brooklyn, New York.
12 Reverend Schaef.
13 REVEREND SCHAEF: Let us unite
14 our hearts and minds in prayer.
15 Great Spirit and Mystery behind
16 all that we know, and Mother and Father of us
17 all, make us courageous to define and debate the
18 unprecedented problems and the unprecedented
19 opportunities that face the human race in these
20 difficult times.
21 Make us further courageous to
22 make wise decisions and compassionate decisions
23 that honor the poor and the oppressed.
884
1 Creator God, help us create a
2 world in which straight and gay live together as
3 brothers and sisters, four-legged creatures are
4 respected by the two-legged, the homeless find
5 homes, the jobless find jobs, addicts find
6 treatment, and all of us find new styles of
7 living to conserve, defend and protect the
8 earth's ecosystems. Let us turn away from
9 incinerators and all high technology pollutants
10 of life forces.
11 Bless this chamber and all who
12 work here and endow these people with all of the
13 gifts of the Spirit and abide by them today and
14 ever more. Amen.
15 ACTING PRESIDENT FARLEY: Thank
16 you.
17 The Secretary will begin by
18 reading the Journal.
19 THE SECRETARY: In Senate,
20 Friday, March 4th. The Senate met pursuant to
21 adjournment, Senator Farley in the chair upon
22 designation of the Temporary President. The
23 Journal of Thursday, March 3rd, was read and
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1 approved. On motion, Senate adjourned.
2 ACTING PRESIDENT FARLEY: Hearing
3 no objection, the Journal will stand approved as
4 read.
5 The order of business:
6 Presentation of petitions.
7 Messages from the Assembly.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 We have a motion. Senator
15 Holland.
16 SENATOR HOLLAND: Yes, Mr.
17 President. For Senator Skelos, on page 16, I
18 offer the follow amendments to Calendar Number
19 116, Senate Print Number 6523, and ask that said
20 bill retain its place on the Third Reading
21 Calendar.
22 ACTING PRESIDENT FARLEY:
23 Amendments are received. The bill will retain
886
1 its place.
2 SENATOR HOLLAND: For Senator
3 Nozzolio, on page 13, I offer the following
4 amendments to Calendar Number 147, Senate Print
5 Number 6527-A, and ask that the said bill retain
6 its place on the Third Reading Calendar.
7 ACTING PRESIDENT FARLEY: Without
8 objection, the bill will retain its place.
9 Senator Cook.
10 SENATOR COOK: Mr. President, I
11 move the following bills be discharged from
12 their respective committees and recommitted with
13 instructions to strike the enacting clause:
14 3025, 3032, 3134-A, 5170, 5352.
15 ACTING PRESIDENT FARLEY: Without
16 objection, the bills are recommitted.
17 Senator Trunzo.
18 SENATOR TRUNZO: Mr. President,
19 on behalf of Senator Johnson, would you please
20 remove the star on Calendar Number 48.
21 ACTING PRESIDENT FARLEY: Star is
22 removed at the request of the sponsor.
23 We have a substitution. The
887
1 Secretary will read it.
2 THE SECRETARY: On page 5 of
3 today's calendar, Senator Stafford moves to
4 discharge the Committee on Finance from Assembly
5 Bill Number 9565 and substitute it for the
6 identical Calendar Number Second Report 254.
7 ACTING PRESIDENT FARLEY:
8 Substitution is ordered.
9 Are there any other motions on
10 the floor?
11 Senator Present.
12 SENATOR PRESENT: Mr. President,
13 I believe that there's a resolution at the desk
14 by the Committee on Rules. May we have it
15 read?
16 ACTING PRESIDENT FARLEY: The
17 Secretary will read the resolution.
18 THE SECRETARY: By the Senate
19 Committee on Rules: Concurrent resolution of
20 the Senate and Assembly providing that the
21 Senate and Assembly meet in joint session in the
22 chambers of the Assembly on Tuesday, March 8th,
23 at 12:00 noon, for the purpose of electing
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1 Regents of the University of the State of New
2 York.
3 The Assembly sent for concurrence
4 the following resolution: Assembly Resolution
5 1960, identical with the Senate Resolution 2808.
6 ACTING PRESIDENT FARLEY:
7 Substitution is ordered.
8 On the adoption of the
9 resolution, all in favor say aye.
10 (Response of "Aye.")
11 Those opposed nay.
12 (There was no response.)
13 The resolution is adopted. We'll
14 meet tomorrow in the Assembly chamber at noon.
15 SENATOR PRESENT: Mr. President, I
16 would like to announce, at 3:00 o'clock, our
17 usual time, there will be our regular session in
18 this house of the Senate; 12:00 o'clock at the
19 Assembly followed by 3:00 o'clock by our regular
20 session of the Senate.
21 ACTING PRESIDENT FARLEY: The
22 Senate will meet at 3:00 o'clock, regular hour,
23 12:00 o'clock in the Assembly, electing a
889
1 Regent.
2 Senator Present.
3 SENATOR PRESENT: Mr. President,
4 I think Senator Seward has a privileged
5 resolution. May it be read?
6 ACTING PRESIDENT FARLEY: The
7 Secretary will read the title of Senator
8 Seward's privileged resolution.
9 THE SECRETARY: Legislative
10 Resolution, by Senator Seward, paying tribute to
11 the education, research, leadership and service
12 provided by the New York State College of
13 Veterinary Medicine at Cornell University and
14 commemorating its centennial on March 21st,
15 1994.
16 ACTING PRESIDENT FARLEY: All in
17 favor of the resolution say aye.
18 (Response of "Aye.")
19 Those opposed nay.
20 (There was no response.)
21 The resolution is adopted.
22 Senator Present.
23 SENATOR PRESENT: Mr. President,
890
1 can we take up the non-controversial calendar,
2 please?
3 ACTING PRESIDENT FARLEY:
4 Non-controversial, page 12. The Secretary will
5 read.
6 THE SECRETARY: On page 12,
7 Calendar Number 13, by Senator Levy, Senate -
8 SENATOR SMITH: Lay it aside.
9 ACTING PRESIDENT FARLEY: Lay the
10 bill aside.
11 SENATOR GOLD: Who laid it
12 aside?
13 ACTING PRESIDENT FARLEY: Senator
14 Smith laid it aside, as I recall.
15 THE SECRETARY: Calendar Number
16 82, by Senator Kuhl, Senate Bill Number 6215-C,
17 an act to amend the Education Law, in relation
18 to school building aid for refunding bond
19 issues.
20 SENATOR GOLD: Lay it aside.
21 ACTING PRESIDENT FARLEY: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
891
1 88, by Senator Levy -
2 SENATOR GOLD: Lay it aside.
3 ACTING PRESIDENT FARLEY: Lay it
4 aside.
5 THE SECRETARY: Calendar Number
6 141, by Senator Stafford -
7 SENATOR GOLD: Lay it aside,
8 please.
9 ACTING PRESIDENT FARLEY: Lay
10 that bill aside.
11 THE SECRETARY: Calendar Number
12 157, by Senator Padavan, Senate Bill Number
13 3248, Education Law, in relation to a
14 maintenance -
15 SENATOR SMITH: Lay it aside.
16 ACTING PRESIDENT FARLEY: Lay
17 that bill aside.
18 THE SECRETARY: Calendar Number
19 168, by Sen...
20 SENATOR GOLD: Lay it aside.
21 ACTING PRESIDENT FARLEY: Lay it
22 aside.
23 THE SECRETARY: Calendar Number
892
1 195, by Senator Johnson, Senate Bill Number
2 3367-A, Environmental Conservation Law, in
3 relation to clarification of provisions
4 concerning posting of lands.
5 ACTING PRESIDENT FARLEY: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT FARLEY: You can
10 call the roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 43.
13 ACTING PRESIDENT FARLEY: That
14 bill has passed.
15 THE SECRETARY: Calendar Number
16 230, by Senator Skelos, Senate Bill Number 565,
17 Social Services Law, in relation to access to
18 certain conviction records.
19 SENATOR SMITH: Lay that aside,
20 please.
21 ACTING PRESIDENT FARLEY: Lay
22 that aside.
23 THE SECRETARY: Calendar Number
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1 242, by Senator Larkin -
2 SENATOR GOLD: Lay it aside.
3 ACTING PRESIDENT FARLEY: Lay it
4 aside.
5 THE SECRETARY: Calendar Number
6 243, by Senator Trunzo, Senate Bill Number 582,
7 Civil Service Law, in relation to the state
8 Civil Service Commission prescribing rules on
9 leaves of absence.
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 44.
18 ACTING PRESIDENT FARLEY: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 244, by Senator Trunzo, Senate Bill Number
22 3518-A, Education Law, in relation to World War
23 II military service credit.
894
1 ACTING PRESIDENT FARLEY: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT FARLEY: Call
6 the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 44.
9 ACTING PRESIDENT FARLEY: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 245, by Senator Trunzo, Senate Bill Number
13 3520-A, Education Law, in relation to orders
14 made in matrimonial and support actions.
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 44.
23 ACTING PRESIDENT FARLEY: The
895
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 246, by Senator Trunzo, Senate Bill Number 6324,
4 Civil Service Law, in relation to age
5 requirements as a date of appointment for
6 provisional or permanent appointment.
7 ACTING PRESIDENT FARLEY: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT FARLEY: Call
12 the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 45.
15 ACTING PRESIDENT FARLEY: The
16 bill is passed.
17 Senator Present, that's the first
18 time through.
19 SENATOR PRESENT: Mr. President,
20 let's go through it the second time,
21 controversial.
22 ACTING PRESIDENT FARLEY:
23 Controversial calendar, page 12.
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1 Senator Velella, do you happen to
2 have a motion there?
3 SENATOR VELELLA: Yes, my bill on
4 page 16 of the starred calendar, Calendar 59,
5 Senate Bill 2599, would you remove the star,
6 please?
7 ACTING PRESIDENT FARLEY: Star is
8 removed.
9 THE SECRETARY: On page 12,
10 Calendar Number 13, by Senator Levy, Senate Bill
11 Number 1313, an act to amend the Penal Law.
12 SENATOR GOLD: Explanation.
13 SENATOR PRESENT: Lay it aside.
14 ACTING PRESIDENT FARLEY: Lay it
15 aside.
16 THE SECRETARY: Calendar Number
17 82, by Senator Kuhl, Senate Bill Number 6215-C,
18 Education Law, in relation -
19 ACTING PRESIDENT FARLEY: Senator
20 Kuhl, can we have one day on that?
21 SENATOR KUHL: Tomorrow's
22 calendar, please.
23 ACTING PRESIDENT FARLEY: Lay it
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1 aside for today.
2 THE SECRETARY: Calendar Number
3 88, by Senator Levy -
4 SENATOR GOLD: Explanation.
5 SENATOR PRESENT: Lay it aside.
6 ACTING PRESIDENT FARLEY: Lay it
7 aside tem...
8 THE SECRETARY: Calendar Number
9 141, by Senator Stafford, Senate Bill Number
10 6318 -
11 SENATOR PRESENT: Lay it aside
12 temporarily.
13 ACTING PRESIDENT FARLEY: Lay it
14 aside temporarily.
15 THE SECRETARY: Calendar Number
16 157, by Senator Padavan, Senate Bill Number
17 3248, Education Law, in relation to a
18 maintenance of effort requirement for fiscally
19 dependent large city school districts.
20 SENATOR STACHOWSKI: Can we have
21 one day on that, please?
22 SENATOR PADAVAN: One day?
23 SENATOR STACHOWSKI: One day.
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1 SENATOR PADAVAN: All right. One
2 day.
3 ACTING PRESIDENT FARLEY: Lay the
4 bill aside for today.
5 THE SECRETARY: Calendar Number
6 168, by Senator Levy, Senate Bill Number 5435-B,
7 an act to direct the New York State Thruway
8 Authority to do a study.
9 SENATOR PRESENT: Lay it aside.
10 ACTING PRESIDENT FARLEY: Lay it
11 aside temporarily, I guess.
12 THE SECRETARY: Calendar Number
13 230, by Senator Skelos, Senate Bill Number 565,
14 Social Services Law -
15 ACTING PRESIDENT FARLEY: Read
16 the last section. Read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 SENATOR GOLD: Mr. President.
20 ACTING PRESIDENT FARLEY: Senator
21 Gold.
22 SENATOR GOLD: I believe the bill
23 is laid aside for Senator Montgomery.
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1 Last section.
2 ACTING PRESIDENT FARLEY: Read
3 the last section of 230.
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 51.
10 ACTING PRESIDENT FARLEY: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 242, by Senator Larkin -
14 SENATOR GOLD: Lay it aside for
15 today.
16 THE SECRETARY: -- Senate Bill
17 Number 6390, an act to amend the Public Officers
18 Law and the Village Law.
19 ACTING PRESIDENT FARLEY: Read
20 the last section.
21 SENATOR GOLD: Lay it aside.
22 ACTING PRESIDENT FARLEY: Senator
23 Larkin, what's your pleasure?
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1 SENATOR LARKIN: Lay it aside for
2 the day.
3 ACTING PRESIDENT FARLEY: Lay it
4 aside for the day.
5 Senator Present, that's the
6 sec... the first time around, I guess.
7 SENATOR PRESENT: Second.
8 ACTING PRESIDENT FARLEY:
9 Second?
10 SENATOR PRESENT: Any
11 housekeeping to be taking place here?
12 ACTING PRESIDENT FARLEY: I'm
13 sorry.
14 SENATOR PRESENT: House is
15 clean. We don't -
16 ACTING PRESIDENT FARLEY: Is
17 there any housecleaning or housekeeping?
18 Seeing none, Senator Present.
19 SENATOR PRESENT: Mr. President,
20 on behalf of Senator Levy, I would like to
21 announce an immediate conference of the Majority
22 in Room 332.
23 ACTING PRESIDENT FARLEY: There
901
1 will be an immediate conference of the Majority
2 in Room 332.
3 Senator Sears, did you -- okay.
4 SENATOR GOLD: You're
5 adjourning?
6 ACTING PRESIDENT FARLEY: Any
7 other motions or anything?
8 The Senate -
9 SENATOR PRESENT: Mr. President,
10 there being no further business, I move that we
11 adjourn until tomorrow at 3:00 p.m.
12 ACTING PRESIDENT FARLEY: The
13 Senate will stand adjourned until tomorrow at
14 3:00 p.m. There is a 12:00 o'clock joint
15 session with the Assembly.
16 (Whereupon, at 3:48 p.m., the
17 Senate adjourned.)
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