Regular Session - March 9, 1994
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6 ALBANY, NEW YORK
7 March 9, 1994
8 11:33 a.m.
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11 REGULAR SESSION
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15 SENATOR HUGH T. FARLEY, Acting President
16 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. Senators will please
4 find their seats. Please rise for the Pledge of
5 Allegiance to the flag.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag. )
8 Today, in the absence of clergy,
9 we'll bow our heads for a moment of silent
10 prayer.
11 (A moment of silence was
12 observed. )
13 Secretary will begin by reading
14 the Journal.
15 THE SECRETARY: In Senate,
16 Tuesday, March 8th. The Senate met pursuant to
17 adjournment, Senator Farley in the Chair upon
18 designation of the Temporary President. Prayer
19 by the Reverend Peter G. Young of the Blessed
20 Sacrament Church of Bolton Landing. The Journal
21 of Monday, March 7th, was read and approved. On
22 motion, Senate adjourned.
23 ACTING PRESIDENT FARLEY: Hearing
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1 no objection, the Journal will stand approved as
2 read.
3 The order of business:
4 Presentation of petitions.
5 Messages from the Assembly.
6 Messages from the Governor.
7 Reports of standing committees.
8 Reports of select committees.
9 Communications and reports from
10 state officers.
11 Motions and resolutions.
12 Secretary will read a substitution.
13 THE SECRETARY: On page 5 of
14 today's calendar, Senator Volker moves to
15 discharge the Committee on Transportation from
16 Assembly Bill Number 61 and substitute it for
17 the identical Calendar Number 321.
18 ACTING PRESIDENT FARLEY:
19 Substitution is ordered.
20 THE SECRETARY: Also on page 5
21 Senator Farley moves to discharge the Committee
22 on Education from Assembly Bill Number 8056, and
23 substitute it for the identical Calendar Number
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1 326.
2 ACTING PRESIDENT FARLEY:
3 Substitution is ordered.
4 THE SECRETARY: On page 10,
5 Senator Marchi moves to discharge the Committee
6 on Health from Assembly Bill Number 3254-A, and
7 substitute it for the identical Calendar Number
8 248.
9 ACTING PRESIDENT FARLEY:
10 Substitution is ordered.
11 No motions on the floor?
12 Senator Present.
13 SENATOR PRESENT: Mr. President,
14 let's take up the non-controversial calendar,
15 please.
16 ACTING PRESIDENT FARLEY: The
17 non-controversial. The Secretary will read, I
18 believe it's page 7, is it?
19 THE SECRETARY: On page 7,
20 Calendar Number 13, by Senator Levy.
21 SENATOR GOLD: Lay it aside,
22 please.
23 ACTING PRESIDENT FARLEY: Laid
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1 aside.
2 THE SECRETARY: Calendar Number
3 88, by Senator -
4 SENATOR GOLD: Lay aside.
5 ACTING PRESIDENT FARLEY: Laid
6 aside.
7 THE SECRETARY: Calendar Number
8 141.
9 SENATOR GOLD: Lay aside, please.
10 ACTING PRESIDENT FARLEY: Laid
11 aside.
12 THE SECRETARY: Calendar Number
13 168.
14 SENATOR GOLD: Lay aside.
15 ACTING PRESIDENT FARLEY: Lay
16 aside.
17 THE SECRETARY: Calendar Number
18 242.
19 SENATOR GOLD: Lay it aside.
20 ACTING PRESIDENT FARLEY: Laid
21 aside.
22 THE SECRETARY: Calendar Number
23 259, by Senator Saland, Senate Bill Number 1552,
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1 an act to amend the Family Court Act and the
2 Criminal Procedure Law.
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 31.
11 ACTING PRESIDENT FARLEY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 260, by Senator Farley.
15 ACTING PRESIDENT FARLEY: Read
16 the last section.
17 SENATOR GOLD: No, lay it aside.
18 ACTING PRESIDENT FARLEY: Lay it
19 aside.
20 THE SECRETARY: Senate Bill
21 Number -- Calendar Number 261, by Senator Daly,
22 Senate Bill Number 4583-B, an act to amend the
23 Real Property Law.
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1 SENATOR GOLD: Lay aside.
2 ACTING PRESIDENT FARLEY: Lay
3 that bill aside.
4 THE SECRETARY: Calendar Number
5 263, by Senator Padavan, Senate Bill Number
6 5080, Family Court Act, in relation to certain
7 records of juvenile delinquents.
8 SENATOR GOLD: Lay it aside
9 temporarily.
10 ACTING PRESIDENT FARLEY: Lay it
11 aside temporarily.
12 THE SECRETARY: Calendar Number
13 265, by Senator Levy, Senate Bill Number 1707,
14 an act in relation to requiring the Department
15 of Motor Vehicles to compile information on
16 driving while under the influence of drugs.
17 ACTING PRESIDENT FARLEY: Read
18 the last section.
19 SENATOR PRESENT: Lay it aside.
20 ACTING PRESIDENT FARLEY: Lay the
21 bill aside. 1707, Calendar 265.
22 THE SECRETARY: Calendar Number
23 279, by Senator Wright, Senate Bill Number 5944,
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1 an act to amend the Real Property Tax Law, in
2 relation to subjecting lands within the Tug Hill
3 region to taxation.
4 SENATOR GOLD: Lay it aside.
5 ACTING PRESIDENT FARLEY: Lay
6 that bill aside.
7 THE SECRETARY: Calendar Number
8 280, by Senator Marino.
9 SENATOR GOLD: Lay it aside,
10 please.
11 ACTING PRESIDENT FARLEY: Laid
12 aside.
13 THE SECRETARY: Calendar Number
14 281, by Senator Larkin, Senate Bill Number 6691,
15 establish a public library district in the town
16 of Esopus, Ulster County.
17 SENATOR PRESENT: Lay aside.
18 ACTING PRESIDENT FARLEY: Did
19 somebody say lay aside?
20 SENATOR GOLD: Lay aside.
21 ACTING PRESIDENT FARLEY: Laid
22 aside.
23 THE SECRETARY: Calendar Number
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1 287, by Senator Stafford, Senate Bill Number
2 4853, Environmental Conservation Law.
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 31.
11 ACTING PRESIDENT FARLEY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 292, by Senator Volker, Senate Bill Number
15 181-A, an act to amend the Penal Law, in
16 relation to aggravated assault upon a federal
17 law enforcement officer.
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.
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1 (The Secretary called the roll. )
2 THE SECRETARY: Ayes 33.
3 ACTING PRESIDENT FARLEY: The
4 bill is passed.
5 SENATOR GOLD: Mr. President.
6 ACTING PRESIDENT FARLEY: Senator
7 Gold.
8 SENATOR GOLD: Yeah, could you
9 just recognize Senator Leichter?
10 ACTING PRESIDENT FARLEY: Senator
11 Leichter.
12 SENATOR LEICHTER: Thank you, Mr.
13 President. If I may have unanimous consent to
14 be recorded in the negative on Calendar Number
15 287, please.
16 ACTING PRESIDENT FARLEY: Without
17 objection.
18 SENATOR LEICHTER: Thank you.
19 THE SECRETARY: Calendar Number
20 293, by Senator Levy, Senate Bill Number 18 -
21 SENATOR GOLD: Lay it aside.
22 ACTING PRESIDENT FARLEY: Laid
23 aside.
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1 THE SECRETARY: Calendar Number
2 295, by Senator Tully, Senate Bill Number 776,
3 an act to amend the Penal Law, in relation to
4 the calculation of terms of imprisonment.
5 SENATOR GOLD: Yeah. Lay it
6 aside.
7 ACTING PRESIDENT FARLEY: Lay it
8 aside.
9 THE SECRETARY: Calendar Number
10 303, by Senator Lack, Senate Bill Number 6694,
11 an act to amend the Penal Law, in relation to
12 conditional sentencing.
13 ACTING PRESIDENT FARLEY: Read
14 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 34.
21 ACTING PRESIDENT FARLEY: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
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1 308, by Senator Saland, Senate Bill Number
2 766-B, Executive Law and the Education Law.
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 34.
11 ACTING PRESIDENT FARLEY: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 309, by Senator LaValle, Senate Bill Number
15 6681, amends Chapter 31 of the Laws of 1985,
16 amending the Education 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. )
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1 THE SECRETARY: Ayes 34.
2 ACTING PRESIDENT FARLEY: The
3 bill is passed.
4 Senator Present, that's the first
5 time through.
6 SENATOR PRESENT: Mr. President,
7 I don't think there will be a second time
8 through.
9 Mr. President, I'd like to
10 announce there will be an immediate conference
11 of the Majority in Room 332. If there's no
12 housekeeping or other business -
13 ACTING PRESIDENT FARLEY: Are
14 there any motions on the floor?
15 SENATOR GOLD: No.
16 ACTING PRESIDENT FARLEY: We have
17 one housekeeping.
18 SENATOR GOLD: Hold it.
19 ACTING PRESIDENT FARLEY: What
20 have we have got?
21 THE SECRETARY: Senator Padavan,
22 could we see you for a second?
23 ACTING PRESIDENT FARLEY: Senator
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1 Padavan.
2 SENATOR PADAVAN: Mr. President,
3 Calendar Number 263, that bill was laid aside
4 yesterday for amendments which I believe are at
5 the desk.
6 ACTING PRESIDENT FARLEY: They
7 are here.
8 SENATOR PADAVAN: Move that these
9 amendments be accepted and the bill retain its
10 place.
11 ACTING PRESIDENT FARLEY: Without
12 objection, the amendments will be received and
13 the bill will retain its place on the Third
14 Reading Calendar.
15 SENATOR PADAVAN: Thank you, Mr.
16 President.
17 ACTING PRESIDENT FARLEY: Senator
18 Present.
19 SENATOR PRESENT: Mr. President,
20 there being no further business, I move that we
21 adjourn until Monday, March 14th at 3:00 p.m.
22 ACTING PRESIDENT FARLEY: The
23 Senate will stand adjourned until Monday at 3:00
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1 p.m., intervening days will be legislative
2 days. There's an immediate conference of the
3 Majority in Room 332.
4 (Whereupon at 11:43 a.m., the
5 Senate adjourned.)
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