Regular Session - March 31, 1994

                                                                 
2098

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         9                       ALBANY, NEW YORK

        10                        March 31, 1994

        11                           1:06 p.m.

        12

        13

        14                        REGULAR SESSION

        15

        16

        17

        18       LT. GOVERNOR STAN LUNDINE, Acting President

        19       STEPHEN F. SLOAN, Secretary

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        21

        22

        23











                                                             
2099

         1                      P R O C E E D I N G S

         2                      THE PRESIDENT:  Senate will come

         3       to order.  The Senators will please find their

         4       places.

         5                      I would like to ask everyone

         6       present to rise and repeat the pledge of

         7       allegiance with me.

         8                      (Whereupon, the Senate joined in

         9       the Pledge of Allegiance to the Flag.)

        10                      Please be seated.

        11                      In the absence of clergy, may we

        12       now bow our heads in a moment of silence.

        13                      (Whereupon, there was a moment of

        14       silence.)

        15                      Secretary will read the Journal.

        16                      THE SECRETARY:  In Senate,

        17       Wednesday, March 30.  The Senate met pursuant to

        18       adjournment.  Senator Spano in the chair upon

        19       designation of the Temporary President.  The

        20       Journal of Tuesday, March 29, was read and

        21       approved.  On motion, Senate adjourned.

        22                      THE PRESIDENT:  Hearing no

        23       objection, the Journal stands approved as read.











                                                             
2100

         1                      Presentation of petitions.

         2                      Messages from the Assembly.

         3                      Messages from the Governor.

         4                      Reports of standing committees.

         5                      Reports of select committees.

         6                      Communications and reports from

         7       state officers.

         8                      Motions and resolutions.

         9                      Senator DiCarlo.

        10                      SENATOR DiCARLO:  Mr. President.

        11       On page 17, I offer the following amendments to

        12       Calendar Number 401, Senate Print Number 6793,

        13       and ask that said bill retain its place on the

        14       Third Reading Calendar.

        15                      THE PRESIDENT:  Without

        16       objection, so ordered.

        17                      Secretary will read.

        18                      THE SECRETARY:  On page 5 of

        19       today's calendar, Senator Skelos moves to

        20       discharge the Committee on Education from

        21       Assembly Bill Number 9307, and substitute it for

        22       the identical Calendar Number 480.

        23                      On page 7, Senator Lack moves to











                                                             
2101

         1       discharge the Committee on Judiciary from

         2       Assembly Bill Number 9115, and substitute it for

         3       the identical Calendar Number 492.

         4                      On page 8, Senator Maltese moves

         5       to discharge the Committee on Codes from

         6       Assembly Bill Number 1964, and substitute it for

         7       the identical Calendar Number 500.

         8                      Also on page 8, Senator Volker

         9       moves to discharge the Committee on Codes from

        10       Assembly Bill Number 6875A, and substitute it

        11       for the identical Calendar Number 501.

        12                      On page 9, Senator Maltese moves

        13       to discharge the Committee on Crime Victims from

        14       Assembly Bill Number 1168, and substitute it for

        15       the identical Calendar Number 514.

        16                      Also on page 9, Senator Maltese

        17       moves to discharge the Committee on Crime

        18       Victims from Assembly Bill Number 9670, and

        19       substitute it for the identical Calendar Number

        20       517.

        21                      On page 10, Senator Levy moves to

        22       discharge the Committee on Alcoholism and Drug

        23       Abuse from Assembly Bill Number 1257A, and











                                                             
2102

         1       substitute it for the identical Calendar Number

         2       522.

         3                      On page 19, Senator Velella moves

         4       to discharge the Committee on Consumer

         5       Protection from Assembly Bill Number 10158A, and

         6       substitute it for the identical Calendar Number

         7       463.

         8                      On page 20, Senator Lack moves to

         9       discharge the Committee on Judiciary from

        10       Assembly Bill Number 10159, and substitute it

        11       for the identical Calendar Number 496.

        12                      Also on page 20, Senator Velella

        13       moves to discharge the Committee on Corporations

        14       from Assembly Bill Number 10036 and substitute

        15       it for the identical Calendar Number 528.

        16                      THE PRESIDENT:  Substitutions

        17       ordered.

        18                      Senator Present.

        19                      SENATOR PRESENT:  Mr. President.

        20       I ask for unanimous consent that Calendar Number

        21       517 be advanced from first report to third

        22       reading.

        23                      THE PRESIDENT:  Without











                                                             
2103

         1       objection.

         2                      SENATOR GOLD:  You want it, you

         3       got it.

         4                      THE PRESIDENT:  So ordered.

         5                      SENATOR PRESENT:  Mr. President.

         6       Take up the noncontroversial calendar.

         7                      THE PRESIDENT:  Secretary will

         8       read.

         9                      THE SECRETARY:  On page 14,

        10       Calendar Number 277, by Senator Saland, Senate

        11       Bill Number 1065A, an act to amend the General

        12       Municipal Law and the Education Law.

        13                      SENATOR GOLD:  Lay it aside.

        14                      THE PRESIDENT:  The bill is laid

        15       aside.

        16                      THE SECRETARY:  On page 20,

        17       Calendar Number 496, substituted earlier, by

        18       Member of the Assembly Weinstein, Assembly Bill

        19       Number 10159, an act to amend Chapter 502 of the

        20       Laws of 1992, relating to certain non-judicial

        21       officers and employees.

        22                      THE PRESIDENT:  Read the last

        23       section.











                                                             
2104

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      THE PRESIDENT:  Call the roll.

         4                      (The Secretary called the roll.)

         5                      THE SECRETARY:  Ayes 47.

         6                      THE PRESIDENT:  The bill is

         7       passed.

         8                      THE SECRETARY:  Calendar Number

         9       526, by Senator Marino, Senate Bill Number 7239,

        10       an act to amend the General Municipal Law, in

        11       relation to the designation of Economic

        12       Development Zones.

        13                      THE PRESIDENT:  Read the last

        14       section.

        15                      THE SECRETARY:  Section 2.  This

        16       act shall take effect immediately.

        17                      THE PRESIDENT:  Call the roll.

        18                      (The Secretary called the roll.)

        19                      THE SECRETARY:  Ayes 47.

        20                      THE PRESIDENT:  The bill is

        21       passed.

        22                      THE SECRETARY:  On page 9,

        23       advanced, earlier, to third reading, Third











                                                             
2105

         1       Reading Calendar Number 517, by Member of the

         2       Assembly Feldman, substituted earlier today,

         3       also, Assembly Bill 9670, an act to amend

         4       Chapter 887 of the Laws of 1983, amending the

         5       Correction Law.

         6                      THE PRESIDENT:  Read the last

         7       section.

         8                      THE SECRETARY:  Section 2.  This

         9       act shall take effect immediately.

        10                      THE PRESIDENT:  Call the roll.

        11                      (The Secretary called the roll.)

        12                      THE SECRETARY:  Ayes 46.  Nays

        13       1.  Senator Nozzolio recorded in the negative.

        14                      THE PRESIDENT:  The bill is

        15       passed.

        16                      THE SECRETARY:  Page 20, Calendar

        17       Number 528, substituted earlier today, by Member

        18       of the Assembly Friedman, Assembly Bill Number

        19       10036, an act to amend Chapter 499 of the Laws

        20       of 1991.

        21                      SENATOR GOLD:  Mr. President.

        22                      THE PRESIDENT:  Senator Gold.

        23                      SENATOR GOLD:  I hate to











                                                             
2106

         1       interrupt, but I see you with a pen in your

         2       hand.  Could we reconsider the vote on 526, when

         3       it's appropriate.  We can do it after this, but

         4       I didn't want it signed and out of the house.

         5                      THE PRESIDENT:  Last section on

         6       528.

         7                      THE SECRETARY:  Section 2.  This

         8       act shall take effect immediately.

         9                      THE PRESIDENT:  Call the roll.

        10                      (The Secretary called the roll.)

        11                      THE SECRETARY:  Ayes 48.

        12                      THE PRESIDENT:  The bill is

        13       passed.

        14                      THE PRESIDENT:  526.  The

        15       Secretary will call the roll on reconsideration.

        16                      (The Secretary called the roll on

        17       reconsideration.)

        18                      THE SECRETARY:  Ayes 48.

        19                      THE PRESIDENT:  The bill is

        20       reconsidered.

        21                      Senator Present.

        22                      SENATOR PRESENT:  Mr. President.

        23       I believe we have two bills on controversial











                                                             
2107

         1       calendar.

         2                      THE PRESIDENT:  That's right.

         3                      SENATOR PRESENT:  Can we take

         4       those up?

         5                      THE PRESIDENT:  That is correct.

         6                      Secretary will read.

         7                      THE SECRETARY:  On page 14,

         8       Calendar Number 277, by Senator Saland, Senate

         9       Bill Number 1065A, General Municipal Law and the

        10       Education Law.

        11                      SENATOR GOLD:  Mr. President.

        12       Most respectfully, give me one minute on this.

        13                      THE PRESIDENT:  Yes.  Before

        14       that, there is a local fiscal impact note at the

        15       desk.

        16                      SENATOR GOLD:  Mr. President.

        17       There are other members interested, also.  If we

        18       can get a short explanation from Senator Saland,

        19       we would be very grateful.

        20                      THE PRESIDENT:  Senator Saland.

        21                      SENATOR SALAND:  I will endeavor,

        22       Mr. President, to make it as short as I can to

        23       the satisfaction of Senator Gold.











                                                             
2108

         1                      Basically, this bill is a mandate

         2       relief bill that says if the state wishes to

         3       impose any type of a law or regulation that is

         4       going cost any particular municipality or level

         5       of municipal government or school district

         6       $10,000 or more or collectively all of the

         7       municipalities or school districts within that

         8       classification $1 million or more, the state

         9       would have to foot the bill, effectively

        10       requiring the state to put its money where its

        11       mouth is, so to speak.

        12                      SENATOR DOLLINGER:  Mr.

        13       President.

        14                      THE PRESIDENT:  Senator

        15       Dollinger.

        16                      SENATOR DOLLINGER:  Mr.

        17       President.  Will Senator Saland yield to a

        18       question?

        19                      SENATOR SALAND:  Certainly,

        20       Senator.

        21                      SENATOR DOLLINGER:  I'm going to

        22       vote in favor of this bill, but I am intrigued

        23       by one thing.  We passed two bills in the last











                                                             
2109

         1       two weeks.  One that involved school bus

         2       attendants, in which we mandated that school bus

         3       attendants be subjected to criminal justice

         4       checks, and we also passed a bill that required

         5       process servicers -- police officers to serve

         6       process for Family Court.

         7                      SENATOR SALAND:  Mr. President.

         8       May I just have a little bit of order over here.

         9                      THE PRESIDENT:  Senator Saland's

        10       point is well-taken.  There will be order in the

        11       chamber.

        12                      SENATOR SALAND:  I heard the

        13       first part about the school buses, and you were

        14       saying something about -

        15                      SENATOR DOLLINGER:  The second

        16       bill was a bill that required police officers to

        17       serve Family Court orders of protection.  Both

        18       of those bills imposed mandates on local

        19       communities.  Neither of them provided funding.

        20       Are both of those bills inconsistent with the

        21       bill that we're talking about today?

        22                      SENATOR SALAND:  Both of those

        23       bills are consistent with the policy that's











                                                             
2110

         1       heretofore been the policy of the Executive and

         2       the Legislature.  I'm attempting to change that

         3       policy and forever more prevent that from

         4       happening.  That's really what this bill is all

         5       about, Senator.

         6                      SENATOR DOLLINGER:  Mr.

         7       President.

         8                      THE PRESIDENT:  Senator

         9       Dollinger.

        10                      SENATOR DOLLINGER:  Just on the

        11       bill, Mr. President.

        12                      I appreciate Senator Saland's

        13       candor in that.  I agree we need a new

        14       direction.  I agree we need a new approach.  It

        15       seems to me that we haven't followed the wisdom

        16       of this bill up to this very moment as we sit

        17       here in this chamber.

        18                      We have passed unfunded mandates

        19       this year.  My guess is that even if this bill

        20       passes this chamber, as I expect it will, that

        21       sometime between now and July 1, July 2, July 5,

        22       July 8, we may pass a couple unfunded mandates

        23       too, because as Senator Levy, to his credit,











                                                             
2111

         1       said the school attendant bill had lots of good

         2       reasons behind it; but, nonetheless, it was our

         3       making a decision that local school districts

         4       could have made.

         5                      In the case of the process

         6       servers, it was a decision that we are imposing

         7       upon a Family Court system and upon police

         8       departments that, at least my sense is, they

         9       could probably make that decision themselves.

        10                      But my hope is if this bill

        11       passes that both sides of this house and perhaps

        12       particularly the other side will not put any

        13       more of those kinds of bills in front of us.

        14                      THE PRESIDENT:  Last section.

        15                      Senator Gold.

        16                      SENATOR GOLD:  Will Senator

        17       Saland yield to a question?

        18                      SENATOR SALAND:  Yes, Senator.

        19                      A little under the weather today,

        20       Senator.

        21                      SENATOR GOLD:  You are?  I'm

        22       sorry.

        23                      SENATOR SALAND:  You sound a











                                                             
2112

         1       little under the weather today.

         2                      SENATOR GOLD:  Actually, I did an

         3       hour and a half of tennis and I feel pretty

         4       good.

         5                      Senator, I'm trying to figure

         6       out, philosophically, what we're trying to

         7       accomplish because -- I mean I've got a number

         8       of bills here -- 679, by Senator Saland, in

         9       relation to transportation of nonpublic school

        10       students, which I think is an unfunded mandate.

        11                      SENATOR SALAND:  No, that's not,

        12       Senator.

        13                      SENATOR GOLD:  That's what I

        14       wanted you to explain.

        15                      SENATOR SALAND:  That bill

        16       basically expands under what is the existing law

        17       the ability for school districts -- I believe

        18       there is provision in the Education Law for one

        19       and a half miles to current 15 or 16 miles, and

        20       that basically says that school districts can

        21       continue to get state funding within the

        22       parameters of that bill.  It's been on the books

        23       since the 1940s, I believe, those parameters.











                                                             
2113

         1                      SENATOR GOLD:  What about 666?

         2       This one talks about requires testing of school

         3       bus drivers in the use of controlled

         4       substances.  How does that fit in?

         5                      SENATOR SALAND:  Well, that -- if

         6       my memory serves me correctly, that bill makes

         7       reference to an appropriation.

         8                      SENATOR GOLD:  What about 943.

         9       This one requiring boards of education to

        10       provide transportation to all children living

        11       more than one and a half miles from a school up

        12       to a distance of 15.

        13                      SENATOR SALAND:  Oh, I'm sorry.

        14       I thought you were referring to that bill the

        15       first time.  That's the bill I was addressing

        16       the first time.  I'm sorry.

        17                      SENATOR GOLD:  Well, Mr.

        18       President, on the bill.

        19                      THE PRESIDENT:  Senator Gold is

        20       recognized.

        21                      SENATOR GOLD:  Mr. President.

        22       After consulting with the highest authorities

        23       available, I am going to support the bill











                                                             
2114

         1       because, unquestionably, the bottom line

         2       philosophy does make sense.

         3                      But I have in my hand Senator

         4       Maltese bill 517, which, we passed today; 527,

         5       by Senators Larkin and Libous, which I think is

         6       still on the calendar; 235, by Senator Maltese;

         7       64, by Senator Kuhl.

         8                      I got dozens here, which we

         9       believe violate the philosophy of what this bill

        10       is all about.  And it's wonderful to put in

        11       bills suggesting that we don't do this as far as

        12       the localities are concerned, when

        13       philosophically -- I mean we seem to put in the

        14       same kind of bills when it deals with state

        15       agencies, and we do it all the time.

        16                      You know, Senator Levy and I have

        17       debates all the time as to whether or not the

        18       state agency should have to be his research

        19       resource in doing all of the reports he always

        20       calls for which he puts in without funding.

        21                      But I think if this is philosophy

        22       that we want to maintain as to our relationship

        23       with other governmental bodies, I think it would











                                                             
2115

         1       be just as appropriate if we put those

         2       constraints upon ourselves when we're dealing

         3       with the state agencies.

         4                      THE PRESIDENT:  Read the last

         5       section.

         6                      THE SECRETARY:  Section 4.  This

         7       act shall take effect April 1, 1995.

         8                      THE PRESIDENT:  Call the roll.

         9                      (The Secretary called the roll.)

        10                      THE SECRETARY:  Ayes 54.

        11                      THE PRESIDENT:  The bill is

        12       passed.

        13                      SENATOR HOFFMANN:  Mr. President.

        14                      THE PRESIDENT:  Senator

        15       Hoffmann.

        16                      SENATOR HOFFMANN:  Senator

        17       Dollinger just made a reference a few minutes

        18       ago which reminded me that I had intended to

        19       vote against a bill which passed when I was out

        20       of the chamber about two weeks ago, Calendar

        21       Number 88.  Had I been present at that time, it

        22       was my intention to vote in the negative.  I

        23       would like the record to so reflect.











                                                             
2116

         1                      THE PRESIDENT:  Without

         2       objection, so ordered.

         3                      THE SECRETARY:  On page 20,

         4       Calendar Number 526, by Senator Marino, Senate

         5       Bill Number 7239, an act to amend the General

         6       Municipal Law.

         7                      SENATOR GOLD:  Mr. President.

         8       Could we get one day on this for Senator

         9       Galiber?  Would that be in line?

        10                      SENATOR PRESENT:  Sure.

        11                      SENATOR GOLD:  Pass it for the

        12       day, please.

        13                      THE PRESIDENT:  The bill is laid

        14       aside.

        15                      SENATOR PRESENT:  Mr. President.

        16                      THE PRESIDENT:  Senator Present.

        17                      SENATOR PRESENT:  So that

        18       everyone can maybe adjust their schedules and

        19       know a little bit what they are going to do in

        20       the balance of the day, on behalf of Senator

        21       Levy, I would like to announce there will be a

        22       Republican Majority Conference at 3:30 in Room

        23       332.











                                                             
2117

         1                      And I now ask that the Senate

         2       stand in recess until 7:00 p.m.

         3                      SENATOR GOLD:  Mr. President.

         4       Before you hit the gavel, on behalf of that

         5       distinguished lady from the Bronx, Senator

         6       Mendez, may I announce a Democratic Conference

         7       at 7:00 p.m. promptly.

         8                      What?  Well, you know, they also

         9       want her in Manhattan and I think both counties

        10       are blessed with that kind of representation.

        11                      SENATOR PATERSON:  Mr. President.

        12                      THE PRESIDENT:  Senator Paterson.

        13                      SENATOR PATERSON:  Where is that

        14       Republican conference meeting being held at

        15       3:30.

        16                      SENATOR PRESENT:  Room 332.

        17                      SENATOR PATERSON:  Oh, thank

        18       you.  I will be there, because these people are

        19       trying to figure out what boroughs they are

        20       from.  I thought maybe I could come over to that

        21       meeting.

        22                      THE PRESIDENT:  The Senate stands

        23       in recess until 7:00 p.m.











                                                             
2118

         1                      Senator Levy.  Wait just one

         2       second.

         3                      SENATOR LEVY:  Mr. President.  I

         4       would like to reconsider the substitution on

         5       Calendar 522.

         6                      THE PRESIDENT:  Without

         7       objection, so ordered.

         8                      Now, the Senate stands in recess

         9       until 7:00 p.m.

        10                      (Whereupon, at 1:27 p.m., Senate

        11       recessed.)

        12                      (Whereupon, at 10:57 p.m., Senate

        13       reconvened.)

        14                      ACTING PRESIDENT FARLEY:  Senate

        15       will come to order.

        16                      Senator Present.

        17                      SENATOR PRESENT:  Will you

        18       recognize Senator Stafford please.

        19                      ACTING PRESIDENT FARLEY:  Senator

        20       Stafford.

        21                      SENATOR STAFFORD:  Mr.

        22       President.  Could I please call an immediate

        23       meeting of the Committee on Finance in Room 332.











                                                             
2119

         1                      ACTING PRESIDENT FARLEY:

         2       There'll be an immediate meeting of the

         3       Committee on Finance in Room 332.

         4                      SENATOR PRESENT:  Mr. President.

         5                      ACTING PRESIDENT FARLEY:  Senator

         6       Present.

         7                      SENATOR PRESENT:  Senate will

         8       stand at ease awaiting the report from that

         9       committee.

        10                      ACTING PRESIDENT FARLEY:  The

        11       Senate will stand at ease awaiting the report of

        12       the Finance Committee.

        13                      (Whereupon, at 10:57 p.m., Senate

        14       was at ease.)

        15                      (Whereupon, at 11:15 p.m., Senate

        16       reconvened.)

        17                      ACTING PRESIDENT FARLEY:  Senate

        18       will come to order.

        19                      Senator Present.

        20                      SENATOR PRESENT:  Mr. President.

        21       We will return to report of a standing

        22       committee.

        23                      ACTING PRESIDENT FARLEY:  Without











                                                             
2120

         1       objection, the Secretary will read the report of

         2       a standing committee.

         3                      THE SECRETARY:  Senator Stafford

         4       from the Committee on Finance reports the

         5       following bills directly for third reading:

         6                      Senate Bill Number 6450A, Senate

         7       Budget Bill, making appropriations for the

         8       support of government, State Operations Budget

         9       Bill.

        10                      Also Senate Bill 7456, by the

        11       Committee on Rules, an act in relation to

        12       certain provisions with impact upon the

        13       expenditures of certain appropriations.

        14                      Senate Bill Number 7457, by the

        15       Committee on Rules, an act making an

        16       appropriation for the support of government.

        17                      Senate Bill Number 7458, by the

        18       Committee on Rules, an act to provide for

        19       payments to municipalities and to providers of

        20       medical services.

        21                      All bills reported directly for

        22       third reading.

        23                      ACTING PRESIDENT FARLEY:  All











                                                             
2121

         1       bills reported directly to third reading.

         2                      Senator Skelos for a motion.

         3                      SENATOR SKELOS:  On behalf of

         4       Senator Bruno, I move that his bill, Senate

         5       Print Number 7016, be discharged from its

         6       respected committee and be recommitted with

         7       instructions to strike the enacting clause.

         8                      ACTING PRESIDENT FARLEY:  Without

         9       objection, the bill will be recommitted.

        10                      Senator Present.

        11                      SENATOR PRESENT:  Mr. President.

        12       May we call up Calendar 529.

        13                      ACTING PRESIDENT FARLEY:

        14       Secretary will read 529.

        15                      THE SECRETARY:  Calendar Number

        16       529, Senate Budget Bill, Senate Bill Number

        17       6450A, an act making appropriations for the

        18       support of government.

        19                      ACTING PRESIDENT FARLEY:  Senator

        20       Present.

        21                      SENATOR PRESENT:  Is there a

        22       message of necessity at the desk?

        23                      ACTING PRESIDENT FARLEY:  There











                                                             
2122

         1       is.

         2                      SENATOR PRESENT:  I move that we

         3       accept the message.

         4                      ACTING PRESIDENT FARLEY:  All in

         5       favor of accepting the message, say aye.

         6                      (Response of "Aye.")

         7                      Those opposed, nay.

         8                      (There was no response.)

         9                      The message is accepted.

        10                      SENATOR PRESENT:  Let's have that

        11       bill have its third reading at this time.

        12                      ACTING PRESIDENT FARLEY:  Okay.

        13       Secretary will read a substitution.

        14                      THE SECRETARY:  Senator Stafford

        15       moves to substitute Assembly Bill Number 9100A

        16       for the identical Senate Calendar Number 529,

        17       Senate Bill Number 6450A.

        18                      ACTING PRESIDENT FARLEY:

        19       Substitution is ordered.

        20                      Read the last section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT FARLEY:  Call











                                                             
2123

         1       the roll.

         2                      (The Secretary called the roll.)

         3                      THE SECRETARY:  Those recorded in

         4       the negative on Calendar Number 529 are Senators

         5       Dollinger, Hoffmann, Jones, Nolan, and Pataki.

         6       Ayes 54.  Nays 5.

         7                      ACTING PRESIDENT FARLEY:  The

         8       bill is passed.

         9                      Senator Present.

        10                      SENATOR PRESENT:  Call up

        11       Calendar 463, please.

        12                      ACTING PRESIDENT FARLEY:  463.

        13       The Secretary will read.

        14                      THE SECRETARY:  On page 19 of the

        15       regular calendar of today, Calendar Number 463,

        16       substituted earlier today, by Member of the

        17       Assembly Dugan, Assembly Bill Number 10158A, an

        18       act to amend the General Business Law and

        19       Chapter 509 of the Laws of 1992.

        20                      ACTING PRESIDENT FARLEY:  Read

        21       the last section.

        22                      SENATOR LEICHTER:  Explanation.

        23                      ACTING PRESIDENT FARLEY:











                                                             
2124

         1       Explanation.  Senator Velella.

         2                      Senator Stafford, do you want to

         3       explain this?

         4                      SENATOR PRESENT:  Lay the bill

         5       aside.

         6                      ACTING PRESIDENT FARLEY:  Lay the

         7       bill aside.

         8                      Read the last section of 463, by

         9       Senator Velella.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      ACTING PRESIDENT FARLEY:  Call

        13       the roll.

        14                      (The Secretary called the roll.)

        15                      THE SECRETARY:  Ayes 59.

        16                      ACTING PRESIDENT FARLEY:  The

        17       bill is passed.

        18                      Senator Present.

        19                      SENATOR PRESENT:  Mr. President.

        20       I'm afraid that I'm going to ask that we stand

        21       at ease awaiting messages.

        22                      ACTING PRESIDENT FARLEY:  Senate

        23       will stand at ease waiting for -











                                                             
2125

         1                      (Whereupon, the Senate was at

         2       ease.)

         3                      ACTING PRESIDENT FARLEY:  Senator

         4       Present.

         5                      SENATOR PRESENT:  Mr. President.

         6                      ACTING PRESIDENT FARLEY:  Senate

         7       will come to order.

         8                      Senator Present.

         9                      SENATOR PRESENT:  Mr. President.

        10       I understand we have a further report from a

        11       standing committee.

        12                      ACTING PRESIDENT FARLEY:  Yes, we

        13       do.

        14                      SENATOR PRESENT:  May we have

        15       that read.

        16                      ACTING PRESIDENT FARLEY:

        17       Secretary will read the confirmation report.

        18                      THE SECRETARY:  Senator Stafford

        19       from the Committee on Finance reports the

        20       following nominations:

        21                      Member of the Long Island State

        22       Park, Recreation and Historic Preservation

        23       Commission, Floyd S. Miller, of Miller Place;











                                                             
2126

         1       and also Frank Locorriere, of Miller Place.

         2                      Member of the Allegany State

         3       Park, Recreation and Historic Preservation

         4       Commission, J. Charles Shine of Wellsville.

         5                      Member of the Finger Lakes State

         6       Park, Recreation and Historic Preservation

         7       Commission, James W. Wyckoff, of Ovid.

         8                      Commissioner of the Ohio River

         9       Valley Water Sanitation Commission, Thomas

        10       Erlandson, Ph.D., of Lakewood.

        11                      Member of the Dormitory

        12       Authority, Robin Farkas, of New York City.

        13                      Member of the Correction Medical

        14       Review Board, Barbara C. Wolf, M.D., of

        15       Voorheesville.

        16                      ACTING PRESIDENT FARLEY:  On the

        17       nominations, all in favor, say aye.

        18                      (Response of "Aye.")

        19                      Those opposed, nay.

        20                      (There was no response.)

        21                      The nominees are confirmed.

        22                      Senate will stand at ease,

        23       Senator Present?











                                                             
2127

         1                      SENATOR PRESENT:  Yes.

         2                      (Whereupon, at 11:45 p.m., Senate

         3       was at ease.)

         4                      (Whereupon, at 11:56 p.m., Senate

         5       reconvened.)

         6                      ACTING PRESIDENT FARLEY:  Senator

         7       Present.

         8                      SENATOR PRESENT:  I understand a

         9       message has arrived.  Can we take up Calendar

        10       530.

        11                      ACTING PRESIDENT FARLEY:

        12       Secretary will read 530.

        13                      THE SECRETARY:  Calendar Number

        14       530, by the Senate Committee on Rules, Senate

        15       Print Number 7456, in relation to certain

        16       provisions with the impact upon expenditures of

        17       certain appropriations.

        18                      ACTING PRESIDENT FARLEY:  Senator

        19       Present.

        20                      SENATOR PRESENT:  Mr. President.

        21       Is there a message of necessity at the desk?

        22                      ACTING PRESIDENT FARLEY:  There

        23       is a message at the desk.











                                                             
2128

         1                      SENATOR PRESENT:  I move we

         2       accept the message.

         3                      ACTING PRESIDENT FARLEY:  All in

         4       favor of accepting the message, say aye.

         5                      (Response of "Aye.")

         6                      Those opposed, nay.

         7                      (There was no response.)

         8                      The message is accepted.

         9                      You can read the last section.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      ACTING PRESIDENT FARLEY:  Call

        13       the roll.

        14                      (The Secretary called the roll.)

        15                      THE SECRETARY:  Ayes 57.  Nays 2.

        16       Senators Dollinger and Pataki recorded in the

        17       negative.

        18                      SENATOR PRESENT:  Stand at ease.

        19                      ACTING PRESIDENT FARLEY:  Senator

        20       Present.

        21                      SENATOR PRESENT:  Mr. President.

        22       Will you recognize Senator Pataki.

        23                      ACTING PRESIDENT FARLEY:  Senator











                                                             
2129

         1       Pataki.

         2                      SENATOR PATAKI:  Mr. President.

         3       I would like unanimous consent to be recorded in

         4       the affirmative on Senate 7456.

         5                      ACTING PRESIDENT FARLEY:  Senator

         6       Pataki will be in the affirmative on 7456.

         7                      ACTING PRESIDENT FARLEY:  Senator

         8       Hoffmann.

         9                      SENATOR HOFFMANN:  Mr.

        10       President.  I would like to be recorded in the

        11       negative on Calendar 530.

        12                      SENATOR PRESENT:  No objection.

        13                      ACTING PRESIDENT FARLEY:  Without

        14       objection, Senator Hoffmann is in the negative

        15       on 530.

        16                      Senator Present.

        17                      SENATOR PRESENT:  Call up

        18       Calendar 531.

        19                      ACTING PRESIDENT FARLEY:

        20       Secretary will read 531.

        21                      THE SECRETARY:  Calendar Number

        22       531, by the Senate Committee on Rules, Senate

        23       Bill Number 7457, an act making appropriations











                                                             
2130

         1       for the support of government.

         2                      ACTING PRESIDENT FARLEY:  Senator

         3       Present.

         4                      SENATOR PRESENT:  Mr. President.

         5       Is there a message at the desk?

         6                      ACTING PRESIDENT FARLEY:  There

         7       is a message, two messages contained in one.

         8                      SENATOR PRESENT:  I move that we

         9       accept the messages.

        10                      ACTING PRESIDENT FARLEY:  All in

        11       favor of accepting the messages, say aye.

        12                      (Response of "Aye.")

        13                      Those opposed, nay.

        14                      (There was no response.)

        15                      The messages are accepted.

        16                      Read the last section.

        17                      SENATOR DOLLINGER:  Mr.

        18       President.  What bill is this?

        19                      ACTING PRESIDENT FARLEY:  7457.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      ACTING PRESIDENT FARLEY:  Call

        23       the roll.











                                                             
2131

         1                      (The Secretary called the roll.)

         2                      THE SECRETARY:  Ayes 59.

         3                      ACTING PRESIDENT FARLEY:  The

         4       bill is passed.

         5                      Senator Present.

         6                      SENATOR PRESENT:  Mr. President.

         7       Call up Calendar 532.

         8                      ACTING PRESIDENT FARLEY:  532.

         9       The Secretary will read.

        10                      THE SECRETARY:  Calendar Number

        11       532, by the Committee on Rules, Senate Bill

        12       Number 7458, an act to provide for payments to

        13       municipalities and to providers of medical

        14       services under the medical assistance program.

        15                      ACTING PRESIDENT FARLEY:  Senator

        16       Present.

        17                      SENATOR PRESENT:  Mr. President.

        18       Are there two messages in one at the desk?

        19                      ACTING PRESIDENT FARLEY:  Yes,

        20       there are, Senator.

        21                      SENATOR PRESENT:  I move that we

        22       accept the messages.

        23                      ACTING PRESIDENT FARLEY:  All in











                                                             
2132

         1       favor of accepting the messages, say aye.

         2                      (Response of "Aye.")

         3                      Those opposed, nay.

         4                      (There was no response.)

         5                      The messages are accepted.

         6                      You can read the last section.

         7                      THE SECRETARY:  Senator Stafford

         8       moves to discharge the Committee on Finance from

         9       Assembly Bill Number 11312 and substitute it for

        10       the identical Senate Bill 7458.

        11                      ACTING PRESIDENT FARLEY:

        12       Substitution ordered.

        13                      Read 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                      ACTING PRESIDENT FARLEY:  532.

        20                      THE SECRETARY:  7548.

        21                      SENATOR DOLLINGER:  Thank you.

        22                      THE SECRETARY:  On Calendar

        23       Number 532, Senator Holland and Senator Maltese











                                                             
2133

         1       recorded in the negative.  Ayes 57.  Nays 2.

         2                      ACTING PRESIDENT FARLEY:  The

         3       bill is passed.

         4                      Senator Present.

         5                      Hold on.  Let's have a little

         6       order here.

         7                      Senator Jones.

         8                      SENATOR JONES:  Mr. President.  I

         9       would like unanimous consent to be recorded in

        10       the negative on Senate 7456.

        11                      ACTING PRESIDENT FARLEY:  Senator

        12       Jones, without objection, will be in the

        13       negative on 7456.

        14                      Senator Present.

        15                      SENATOR PRESENT:  Mr. President.

        16       Any housekeeping?

        17                      ACTING PRESIDENT FARLEY:  Are

        18       there any motions or anything on the floor that

        19       anyone wishes to express?

        20                      Seeing none, Senator Present.

        21                      SENATOR PRESENT:  Mr. President.

        22       There being no further business, I move that we

        23       adjourn until Tuesday at 3:00 p.m., April 5,











                                                             
2134

         1       intervening days being legislative days.

         2                      All be on guard that we're

         3       subject to a call of the Majority Leader, if

         4       needed.

         5                      ACTING PRESIDENT FARLEY:  The

         6       Senate will stand in adjournment until Tuesday,

         7       3:00 p.m., or at the call of the Majority

         8       Leader.  Please be ready for a call that may

         9       come to you.  Senate will stand adjourned.

        10                      (Whereupon, at 12:04 a.m., Senate

        11       adjourned.)

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