Regular Session - March 23, 1995

                                                                 
2527

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         8                       ALBANY, NEW YORK

         9                       March 23, 1995

        10                         10:02 a.m.

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        13                       REGULAR SESSION

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        17       SENATOR JOHN R. KUHL, JR., Acting President

        18       STEPHEN F. SLOAN, Secretary

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

         2                      ACTING PRESIDENT KUHL:  The

         3       Senate will come to order.  Ask the members to

         4       find their seats, staff to find their places.

         5       Will you all rise and join me in saying the

         6       Pledge of Allegiance to the Flag.

         7                      (The assemblage repeated the

         8       Pledge of Allegiance to the Flag.)

         9                      In the absence of clergy, may we

        10       bow our heads in a moment of silence.

        11                      (A moment of silence was

        12       observed. )

        13                      Reading of the Journal.

        14                      THE SECRETARY:  In Senate,

        15       Wednesday, March 22nd.  The Senate met pursuant

        16       to adjournment, Senator Kuhl in the Chair.  The

        17       Journal of Tuesday, March 21st, was read and

        18       approved.  On motion, Senate adjourned.

        19                      ACTING PRESIDENT KUHL:  Hearing

        20       no objection, the Journal stands approved as

        21       read.

        22                      Presentation of petitions.

        23                      Messages from the Assembly.











                                                             
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         1                      Messages from the Governor.

         2                      Reports of standing committees.

         3                      Reports of select committees.

         4                      Communications and reports from

         5       state officers.

         6                      Motions and resolutions.

         7                      The Chair recognizes Senator

         8       Bruno.

         9                      SENATOR BRUNO:  Mr. President,

        10       can I ask you to recognize Senator Libous for an

        11       announcement.

        12                      ACTING PRESIDENT KUHL:  The Chair

        13       recognizes Senator Libous for an announcement.

        14                      SENATOR LIBOUS:  Thank you, Mr.

        15       President.

        16                      There will be an immediate

        17       meeting of the Committee on Mental Health and

        18       Developmental Disabilities in Room 332.

        19                      ACTING PRESIDENT KUHL:  There

        20       will be an immediate meeting of the Committee on

        21       Mental Health in the Majority Conference Room,

        22       Room 332.

        23                      Senator Bruno.











                                                             
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         1                      SENATOR BRUNO:  And, Mr.

         2       President, I understand there's a resolution at

         3       the desk, Number 664, by Senator Libous.  We

         4       would ask you to read the title.

         5                      ACTING PRESIDENT KUHL:  Secretary

         6       will read the title.

         7                      THE SECRETARY:  By Senator

         8       Libous, Legislative Resolution honoring Mary

         9       Jane Bolles in recognition of her distinguished

        10       career of 37 years service on behalf of the

        11       credit union movement in New York State, upon

        12       the occasion of her retirement April 7th,

        13       1995.

        14                      ACTING PRESIDENT KUHL:  Question

        15       is on the resolution.  All those in favor

        16       signify by saying aye.

        17                      (Response of "Aye.")

        18                      Opposed nay.

        19                      (There was no response. )

        20                      The resolution is adopted.

        21                      Senator Bruno, are you ready for

        22       the calendar, sir?

        23                      SENATOR BRUNO:  Yes, Mr. Presi











                                                             
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         1       dent. Can we now take up the non-controversial

         2       calendar.

         3                      ACTING PRESIDENT KUHL:  Secretary

         4       will read the non-controversial calendar.

         5                      THE SECRETARY:  On page 17,

         6       Calendar Number 171, by Senator Maltese, Senate

         7       Bill 441, an act to amend the Vehicle and

         8       Traffic Law, in relation to authorizing license

         9       plates.

        10                      ACTING PRESIDENT KUHL:  Secretary

        11       will read the last section.

        12                      THE SECRETARY:  Section 2.  This

        13       act shall take effect on the 1st day of April.

        14                      ACTING PRESIDENT KUHL:  Call the

        15       roll.

        16                      (The Secretary called the roll. )

        17                      THE SECRETARY:  Ayes 35.

        18                      ACTING PRESIDENT KUHL:  The bill

        19       is passed.

        20                      THE SECRETARY:  Calendar Number

        21       176, by Senator Velella, Senate Bill Number

        22       2946, an act to amend Chapter 696 of the Laws of

        23       1887, relating to providing hospitals, orphan











                                                             
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         1       asylums and other charitable institutions in the

         2       city of New York with water.

         3                      ACTING PRESIDENT KUHL:  Secretary

         4       will read the last section.

         5                      THE SECRETARY:  Section 2.  This

         6       act shall take effect immediately.

         7                      ACTING PRESIDENT KUHL:  Call the

         8       roll.

         9                      (The Secretary called the roll. )

        10                      THE SECRETARY:  Ayes 35.

        11                      ACTING PRESIDENT KUHL:  The bill

        12       is passed.

        13                      THE SECRETARY:  Calendar 178, by

        14       Senator Lack, Senate Bill 1298, an act to amend

        15       the Real Property Tax Law, in relation to

        16       allowing the assignment of mortgage in lieu of a

        17       certificate of discharge.

        18                      SENATOR PATERSON:  Lay aside,

        19       please.

        20                      ACTING PRESIDENT KUHL:  Lay the

        21       bill aside.

        22                      THE SECRETARY:  Calendar Number

        23       180, by Senator Lack, Senate Bill Number 2134,











                                                             
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         1       an act to amend the Estates, Powers and Trusts

         2       Law, in relation to shares of stock.

         3                      ACTING PRESIDENT KUHL:  Secretary

         4       will read the last section.

         5                      THE SECRETARY:  Section 3.  This

         6       act shall take effect January 1st.

         7                      ACTING PRESIDENT KUHL:  Call the

         8       roll.

         9                      (The Secretary called the roll. )

        10                      THE SECRETARY:  Ayes 35.

        11                      ACTING PRESIDENT KUHL:  The bill

        12       is passed.

        13                      THE SECRETARY:  Calendar Number

        14       181, by Senator Volker, Senate Bill Number 2444,

        15       an act to amend the Real Property Law, in

        16       relation to disclosure obligations, real estate

        17       brokers.

        18                      ACTING PRESIDENT KUHL:  Secretary

        19       will read the last section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect on the 30th day.

        22                      ACTING PRESIDENT KUHL:  Call the

        23       roll.











                                                             
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         1                      (The Secretary called the roll. )

         2                      THE SECRETARY:  Ayes 36.

         3                      ACTING PRESIDENT KUHL:  The bill

         4       is passed.

         5                      THE SECRETARY:  Calendar Number

         6       183, by Senator Hannon, Senate Bill Number 2348,

         7       an act to amend the Public Health Law, in

         8       relation to compensation of and disposition of

         9       fees.

        10                      ACTING PRESIDENT KUHL:  Secretary

        11       will read the last section.

        12                      THE SECRETARY:  Section 4.  This

        13       act shall take effect on the 90th day.

        14                      ACTING PRESIDENT KUHL:  Call the

        15       roll.

        16                      (The Secretary called the roll. )

        17                      THE SECRETARY:  Ayes 36.

        18                      ACTING PRESIDENT KUHL:  The bill

        19       is passed.

        20                      THE SECRETARY:  Calendar Number

        21       196, by Senator DiCarlo, Senate Bill 2723, an

        22       act to amend the Real Property Tax Law, in

        23       relation to increasing income eligibility for











                                                             
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         1       real property tax exemption.

         2                      ACTING PRESIDENT KUHL:  Secretary

         3       will read the last section.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect immediately.

         6                      ACTING PRESIDENT KUHL:  Call the

         7       roll.

         8                      (The Secretary called the roll. )

         9                      THE SECRETARY:  Ayes 37.

        10                      ACTING PRESIDENT KUHL:  The bill

        11       is passed.

        12                      THE SECRETARY:  Calendar Number

        13       197, by Senator Seward, Senate Bill Number 2016,

        14       an act to amend the Tax Law, in relation to

        15       eliminating the expiration provisions

        16       authorizing the county of Tompkins to impose an

        17       additional sales tax.

        18                      ACTING PRESIDENT KUHL:  Secretary

        19       will read the last section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      ACTING PRESIDENT KUHL:  Call the

        23       roll.











                                                             
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         1                      (The Secretary called the roll. )

         2                      THE SECRETARY:  Ayes 37.

         3                      ACTING PRESIDENT KUHL:  The bill

         4       is passed.

         5                      THE SECRETARY:  Calendar Number

         6       216, by Senator Hoblock, Senate Bill Number

         7       3354, an act to amend the Public Officers Law,

         8       in relation to activities by former state

         9       officers.

        10                      SENATOR HOBLOCK:  Lay the bill

        11       aside for the day, please.

        12                      ACTING PRESIDENT KUHL:  Lay the

        13       bill aside for the day.

        14                      THE SECRETARY:  Calendar Number

        15       224, by Senator Velella, Senate Bill 3454, an

        16       act to amend Chapter 60 of the Laws of 1994, in

        17       relation to provisions that impact on certain

        18       appropriations.

        19                      ACTING PRESIDENT KUHL:  Secretary

        20       will read the last section.

        21                      THE SECRETARY:  Section 6.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT KUHL:  Call the











                                                             
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         1       roll.

         2                      (The Secretary called the roll. )

         3                      THE SECRETARY:  Ayes 37.

         4                      ACTING PRESIDENT KUHL:  The bill

         5       is passed.

         6                      Senator Bruno, that completes the

         7       non-controversial calendar, sir.

         8                      SENATOR BRUNO:  Mr. President,

         9       can we now take up the controversial calendar.

        10                      ACTING PRESIDENT KUHL:  Secretary

        11       will read the controversial calendar.

        12                      THE SECRETARY:  On page 18,

        13       Calendar Number 178, by Senator Lack.

        14                      SENATOR LACK:  Lay it aside.

        15                      ACTING PRESIDENT KUHL:  Lay the

        16       bill aside.

        17                      Senator Bruno, that completes the

        18       controversial calendar.

        19                      SENATOR BRUNO:  Mr. President, is

        20       the report back from the committee meeting of

        21       Senator Libous? Is that at the desk?

        22                      ACTING PRESIDENT KUHL:  I'm in

        23       formed by the desk, Senator Bruno, that it has











                                                             
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         1       not been returned to the desk at this point.

         2                      SENATOR BRUNO:  Can we just -

         3       answer the phone?

         4                      Mr. President, the information

         5       that I have indicates it's not necessary for us

         6       to hold up this day of this body, so we will

         7       move forward, and I move that we would adjourn

         8       until Monday coming.

         9                      I am interrupted, Mr. President,

        10       by my colleague on the left.  Would you please

        11       recognize him.

        12                      ACTING PRESIDENT KUHL:  The Chair

        13       would recognize Senator Dollinger.

        14                      SENATOR DOLLINGER:  My apologies

        15       to the Majority Leader, Mr. President.  I would

        16       just ask unanimous consent to be recorded in the

        17       negative on Calendar Number 197.  My apologies.

        18                      ACTING PRESIDENT KUHL:  Without

        19       objection, Senator Bruno.  Senator Dollinger,

        20       without objection, Senator Dollinger -

        21                      SENATOR BRUNO:  There being no

        22       further business to come -

        23                      I would ask the Chair to











                                                             
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         1       recognize Senator Jones.

         2                      SENATOR JONES:  Yes, I'd like

         3       unanimous consent to be recorded in the no on

         4       Calendar 197.

         5                      ACTING PRESIDENT KUHL:  Without

         6       objection, Senator Dollinger and Senator Jones

         7       will be recorded in the negative on Calendar

         8       Number 197.

         9                      The Chair recognizes Senator

        10       Bruno.

        11                      SENATOR BRUNO:  Yes, Mr.

        12       President.  My counsel tells me I'm supposed to

        13       say "without objection," so that's without

        14       objection.

        15                      ACTING PRESIDENT KUHL:  Without

        16       objection, Senator Bruno.

        17                      SENATOR BRUNO:  I'd like to

        18       remind my colleagues on my front and right and

        19       rear that we will be conferencing -- it is now

        20       ten after ten -- at twenty after ten sharp.  I

        21       would suggest they synchronize their watches.

        22       And there being no further business to come

        23       before the Senate, I move that we stand











                                                             
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         1       adjourned until Monday, that is March 27th, at

         2       3:00 p.m., intervening days being legislative

         3       days.

         4                      ACTING PRESIDENT KUHL:  There

         5       will be an immediate meeting of the Majority

         6       Conference in Room 332, in eight minutes, and

         7       without objection, the Senate stands adjourned

         8       until Monday at 3:00 p.m.

         9                      (Whereupon, at 10:11 a.m., the

        10       Senate adjourned.)

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