Regular Session - May 10, 1995
5574
1
2
3
4
5
6
7
8 ALBANY, NEW YORK
9 May 10, 1995
10 10:00 a.m.
11
12
13 REGULAR SESSION
14
15
16
17 SENATOR JOHN R. KUHL, JR., Acting President
18 STEPHEN F. SLOAN, Secretary
19
20
21
22
23
5575
1 P R O C E E D I N G S
2 ACTING PRESIDENT KUHL: Senate
3 will come to order. Ask all those members to
4 find their places.
5 Ask all the people in the chamber
6 to rise and join with me in saying the Pledge of
7 Allegiance to the flag.
8 (Whereupon, the Senate and those
9 present joined in the Pledge of Allegiance to
10 the Flag.)
11 In the absence of clergy, may we
12 bow our heads in a moment of silence.
13 (Whereupon, there was a moment of
14 silence.)
15 Reading of the Journal.
16 THE SECRETARY: In Senate,
17 Tuesday, May 9. The Senate met pursuant to
18 adjournment. Senator DiCarlo in the chair. The
19 Journal of Monday, May 8, was read and
20 approved. On motion, Senate adjourned.
21 ACTING PRESIDENT KUHL: Hearing
22 no objection, the Journal stands approved as
23 read.
5576
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 Chair recognizes Senator DiCarlo.
10 SENATOR DiCARLO: Mr. President.
11 On behalf of Senator Bruno, I move the following
12 bill be discharged from its respective committee
13 and be recommitted with instructions to strike
14 the enacting clause: Senate Number 3287.
15 ACTING PRESIDENT KUHL: Bill will
16 be recommitted.
17 Senator DiCarlo.
18 SENATOR DiCARLO: On behalf of
19 Senator Velella, please place a sponsor star on
20 Calendar 699.
21 ACTING PRESIDENT KUHL: Calendar
22 699 will be starred at the request of the
23 sponsor.
5577
1 Senator Skelos.
2 SENATOR SKELOS: Mr. President.
3 I believe there is a resolution sponsored by
4 Senator DiCarlo at the desk. I ask that the
5 title be read and adopted.
6 ACTING PRESIDENT KUHL: There is
7 a privileged resolution by Senator DiCarlo at
8 the desk. I will ask the Secretary to read the
9 title.
10 THE SECRETARY: Legislative
11 Resolution, by Senator DiCarlo. Legislative
12 Resolution declaring May 16, 1995 as Senior
13 Citizens Recognition Day in the State of New
14 York.
15 ACTING PRESIDENT KUHL: Chair
16 recognizes Senator DiCarlo on the resolution.
17 SENATOR DiCARLO: Mr. President.
18 On the resolution, I would just like to open up
19 the resolution to any member who would like to
20 co-sponsor this resolution.
21 ACTING PRESIDENT KUHL: Senator
22 Skelos.
23 SENATOR SKELOS: Mr. President.
5578
1 Why don't we put everybody on the resolution.
2 If they wish not to co-sponsor it, they can
3 inform the desk. I believe Senator Paterson has
4 agreed to that.
5 ACTING PRESIDENT KUHL: We will
6 place all the members as co-sponsor on the
7 resolution by Senator DiCarlo except for those
8 people who will signify to the desk that they
9 don't wish to be on the resolution.
10 Senator Skelos.
11 SENATOR SKELOS: Can we take up
12 Resolution Number 1180, by Senator Marchi? I
13 ask that the title be read and the resolution
14 adopted.
15 ACTING PRESIDENT KUHL: There is
16 a privileged resolution at the desk, Senator
17 Skelos, by Senator Marchi. I'll ask the
18 Secretary to read the title.
19 THE SECRETARY: By Senator Marchi
20 Legislative Resolution -- and others -
21 commending Guy J. Mangano upon the occasion of
22 his designation as a recipient of Man of the
23 Year Award on Thursday, May 11, 1995.
5579
1 ACTING PRESIDENT KUHL: The
2 question is on the resolution. All those in
3 favor signify by saying aye.
4 (Response of "Aye.")
5 Opposed, nay.
6 (There was no response.)
7 The resolution is adopted.
8 There also is the prior
9 resolution which the Secretary read. The
10 question is on that resolution, by Senator
11 DiCarlo. All those in favor, signify by saying
12 aye.
13 (Response of "Aye.")
14 Opposed, nay.
15 (There was no response.)
16 That resolution is adopted.
17 Chair recognizes Senator Skelos.
18 SENATOR SKELOS: Mr. President.
19 At this time, if we can take up the non
20 controversial calendar.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read -- we have a couple of
23 substitutions. Can we do that first, Senator
5580
1 Skelos?
2 SENATOR SKELOS: Yes.
3 ACTING PRESIDENT KUHL: I'll ask
4 the Secretary to read the substitutions.
5 THE SECRETARY: Senator Tully
6 moves to discharge from the Committee on Health
7 Assembly Bill Number 2906 and substitute it for
8 the identical Calendar Number 725.
9 Senator Holland moves to
10 discharge from the Committee on Health Assembly
11 Bill Number 6516 and substitute it for the
12 identical bill, Calendar Number 727.
13 Senator Sears moves to discharge
14 from the Committee on Consumer Protection
15 Assembly Bill Number 3998 and substitute it for
16 the identical Calendar 759.
17 Senator Volker moves to discharge
18 from the Committee on Judiciary Assembly Bill
19 Number 2660A and substitute it for the identical
20 bill, Calendar Number 762.
21 Senator Lack moves to discharge
22 from the Committee on Judiciary Assembly Bill
23 Number 6267 and substitute it for the identical
5581
1 calendar bill, 767.
2 Senator DiCarlo moves to
3 discharge from the Committee on Aging Assembly
4 Bill Number 1842A and substitute it for the
5 identical bill, Calendar Number 797.
6 Senator Levy moves to discharge
7 from the Committee on Education Assembly Bill
8 Number 7486 and substitute it for the identical
9 calendar bill, 810.
10 Senator Maltese moves to
11 discharge from the Committee on Elections
12 Assembly Bill 444 and substitute it for the
13 identical bill, 834.
14 Senator Maltese moves to
15 discharge from the Committee on Elections
16 Assembly Bill Number 4695 and substitute it for
17 the identical calendar bill, 835.
18 Senator Maltese moves to
19 discharge from the Committee on Elections
20 Assembly Bill 4887 and substitute it for the
21 identical calendar bill, 836.
22 Senator Maltese moves to
23 discharge from the Committee on Elections
5582
1 Assembly Bill Number 4746A and substitute it for
2 the identical calendar bill, 837.
3 Senator Padavan moves to
4 discharge from the Committee on Finance Assembly
5 Bill 354B and substitute it for the identical
6 calendar bill, 882.
7 Senator Johnson moves to
8 discharge from the Committee on Environmental
9 Conservation Assembly Bill 6220 and substitute
10 it for the identical calendar bill, 896.
11 Senator Tully moves to discharge
12 from the Committee on Environmental Conservation
13 Assembly Bill Number 2690 and substitute it for
14 the identical calendar bill, 897.
15 Senator Tully moves to discharge
16 from the Committee on Environmental Conservation
17 Assembly Bill Number 2268 and substitute it for
18 the identical calendar bill, 4426.
19 Senator Saland moves to discharge
20 from the Committee on Investigations and
21 Taxation Assembly Bill 1811B and substitute it
22 for the identical calendar bill, 907.
23 ACTING PRESIDENT KUHL:
5583
1 Substitutions are ordered.
2 Chair recognizes Senator Skelos.
3 SENATOR SKELOS: Yes. At this
4 time, Mr. President, we can take up the non
5 controversial calendar.
6 ACTING PRESIDENT KUHL: Secretary
7 will read the noncontroversial calendar.
8 THE SECRETARY: Calendar Number
9 222, by Senator Velella.
10 SENATOR SKELOS: Lay it aside for
11 the day, please.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside for the day.
14 THE SECRETARY: Calendar Number
15 296, by Senator Lack, Senate Print 3195A, an act
16 to amend the Surrogate Court Procedure Act, in
17 relation to commissions of attorneys.
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.
5584
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 41.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 381, by Senator Levy, Senate Print 1410, an act
7 to amend the Penal Law, in relation to the
8 offense of assault.
9 SENATOR PATERSON: Lay it aside,
10 please.
11 ACTING PRESIDENT KUHL: Lay the
12 bill aside.
13 THE SECRETARY: Calendar Number
14 405, by Senator Levy, Senate Print 329, an act
15 to amend the Vehicle and Traffic Law, in
16 relation to pedestrians' right-of-way in
17 crosswalks.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect on the 90th day.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
5585
1 (The Secretary called the roll.)
2 ACTING PRESIDENT KUHL: Announce
3 the results.
4 THE SECRETARY: Ayes 40. Nays
5 1. Senator Kuhl recorded in the negative.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 431, by Senator Cook, Senate Print 565A, an act
10 to amend the Corrections Law and the Civil
11 Practice Law and Rules, in relation to repayment
12 by inmates.
13 SENATOR GOLD: Lay it aside.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside.
16 THE SECRETARY: Calendar Number
17 446, by Senator Levy.
18 SENATOR SKELOS: Lay it aside for
19 the day.
20 ACTING PRESIDENT KUHL: Lay the
21 bill aside for the day.
22 THE SECRETARY: Calendar Number
23 453, by Senator Levy, Senate Print 359, an act
5586
1 to amend the Vehicle and Traffic Law, in
2 relation to criminal history checks on school
3 bus attendants.
4 SENATOR PATERSON: Lay it aside.
5 ACTING PRESIDENT KUHL: Lay the
6 bill aside.
7 THE SECRETARY: Calendar Number
8 457, by Senator Spano, Senate Print 2840A, an
9 act to amend the Vehicle and Traffic Law, in
10 relation to authorizing a residential parking
11 system in the Village of Tarrytown.
12 ACTING PRESIDENT KUHL: There is
13 a home rule message at the desk.
14 Secretary will read the last
15 section.
16 THE SECRETARY: Section 3. This
17 act shall take effect immediately.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 42.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
5587
1 THE SECRETARY: Calendar Number
2 78, by Senator Cook, Senate Print 3224, an act
3 to amend the Social Service Law, in relation to
4 New York State Rural Human Services Networking
5 Program.
6 ACTING PRESIDENT KUHL: Secretary
7 will read the last section.
8 THE SECRETARY: Section 6. This
9 act shall take effect April 1.
10 ACTING PRESIDENT KUHL: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 42.
14 ACTING PRESIDENT KUHL: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 498, by Senator Seward, Senate Print 1108A, an
18 act to amend the General Business Law, in
19 relation to the wearing of insignia
20 identification.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the last section.
23 THE SECRETARY: Section 2. This
5588
1 act shall take effect on the 30th day.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 42.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 503, by Senator Hannon, Senate Print 3467, an
10 act to amend the General Business Law, in
11 relation to unauthorized or improper use of -
12 SENATOR SKELOS: Lay it aside for
13 the day.
14 ACTING PRESIDENT KUHL: Lay the
15 bill aside for the day.
16 THE SECRETARY: Calendar Number
17 525, by Senator Volker, Senate Print 3494, an
18 act to amend the Criminal Procedure Law, the
19 Family Court Act, and the Penal Law, in relation
20 to crimes involving firearms.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the last section.
23 THE SECRETARY: Section 11. This
5589
1 act shall take effect on the first day of
2 November.
3 ACTING PRESIDENT KUHL: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 42.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 527, by Senator Volker, Senate Print 3620A, an
11 act to amend the Penal Law, in relation to
12 trademark counterfeiting.
13 ACTING PRESIDENT KUHL: Secretary
14 will read the last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect on the first day of
17 November.
18 ACTING PRESIDENT KUHL: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 43.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
5590
1 THE SECRETARY: Calendar Number
2 538, by Senator LaValle, Senate Print 1099, an
3 act to amend the General Municipal Law, in
4 relation to granting additional points in a
5 service award program for volunteer fire
6 fighters.
7 ACTING PRESIDENT KUHL: Secretary
8 will read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 43.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 539, by Senator Farley, Senate Print 1311A, an
19 act to amend the Real Property Tax Law, in
20 relation to providing for installment payments.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the last section.
23 THE SECRETARY: Section 2. This
5591
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 44.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 541, by Senator Sears, Senate Print 1394, an act
10 to amend the County Law, in relation to
11 additional enhanced emergency telephone system
12 surcharges.
13 ACTING PRESIDENT KUHL: Secretary
14 will read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 44.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
5592
1 543, by Senator Lack, Senate Print 1465A, an act
2 in relation to real property tax assessed by the
3 Town of Smithtown.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 44.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 545, by Senator Bruno, Senate Print 1859, an act
16 in relation to authorizing the Village of
17 Galway, County of Saratoga, to reduce the speed
18 limit on its highways.
19 SENATOR PATERSON: Lay it aside.
20 ACTING PRESIDENT KUHL: Lay the
21 bill aside.
22 THE SECRETARY: Calendar Number
23 546, by Senator Skelos, Senate Print 1964, an
5593
1 act to amend the General Municipal Law, in
2 relation to issuance of license to conduct
3 Bingo.
4 ACTING PRESIDENT KUHL: Secretary
5 will read the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 45.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 Chair recognizes Senator Skelos.
15 SENATOR SKELOS: Mr. President.
16 There will be an immediate meeting of the
17 Housing Committee in Room 332 of the Capitol.
18 ACTING PRESIDENT KUHL: There
19 will be an immediate meeting of the Housing
20 Committee in the Majority Conference Room, Room
21 332, immediate meeting of the Housing Committee.
22 SENATOR SKELOS: Mr. President.
23 Will you recognize Senator Farley?
5594
1 ACTING PRESIDENT KUHL: Chair
2 recognizes Senator Farley.
3 SENATOR FARLEY: Thank you, Mr.
4 President. Thank you, Senator Skelos.
5 There will be an immediate-- not
6 an immediate meeting -- 10:30 meeting of the
7 Committee on Banks in Room 124.
8 ACTING PRESIDENT KUHL: There
9 will be a Banks Committee meeting in Room 124 at
10 10:30.
11 ACTING PRESIDENT KUHL: Secretary
12 will continue to call the noncontroversial
13 calendar.
14 THE SECRETARY: Calendar Number
15 547, by Senator Rath, Senate Print 2010, an act
16 to amend the General Municipal Law, Chapter 708
17 of the Laws of 1992, amending the General
18 Municipal Law and other laws, relating to the
19 temporary investment of monies.
20 ACTING PRESIDENT KUHL: Secretary
21 will read the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect immediately.
5595
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 45.
5 ACTING PRESIDENT KUHL: Awful
6 noisy. Awful tough to understand what's going
7 on. Can we please settle down just a minute.
8 Okay. Secretary will continue to
9 call the noncontroversial calendar.
10 Bill is passed.
11 SENATOR SKELOS: Mr. President.
12 ACTING PRESIDENT KUHL: Senator
13 Skelos.
14 SENATOR SKELOS: Recognize
15 Senator Farley once again, please.
16 ACTING PRESIDENT KUHL: Senator
17 Farley.
18 SENATOR FARLEY: To all my good
19 friends and colleagues on the Banks Committee,
20 there will be an immediate meeting of the Banks
21 Committee in Room 124 because it's my
22 understanding there may be a conference right
23 after session. So I'd ask all the members of
5596
1 the Banks Committee to come down to 124 now.
2 ACTING PRESIDENT KUHL: Time of
3 the Banks Committee meeting has changed from
4 10:30 to 10:16, which is right now. So please
5 attend, all those members.
6 Secretary will continue to call
7 the noncontroversial calendar.
8 THE SECRETARY: Calendar Number
9 549, by Senator Sears, Senate Print 2436A, an
10 act to establish the Salisbury Volunteer Exempt
11 Firemen's Benevolent Association.
12 ACTING PRESIDENT KUHL: Secretary
13 will read the last section.
14 THE SECRETARY: Section 8. This
15 act shall take effect immediately.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 46.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 550, by Senator Sears, Senate Print 2538, an act
5597
1 authorizing the Town of New Hartford, Oneida
2 County, to consolidate existing sewer districts.
3 ACTING PRESIDENT KUHL: Secretary
4 will read the last section.
5 THE SECRETARY: Section 10. 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 46.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 551, by Senator Present, Senate Print 2557, an
15 act to amend the Town Law and the Public
16 Officers Law, in relation to qualifications for
17 holding the office of town justice.
18 ACTING PRESIDENT KUHL: Secretary
19 will read the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
5598
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 46.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 552, by Senator Sears, Senate Print 2711, an act
7 to amend the County Law, in relation to
8 additional enhanced emergency telephone system
9 surcharges.
10 ACTING PRESIDENT KUHL: Secretary
11 will read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 47.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 559, by Senator LaValle, Senate Print 3328, an
22 act to amend the Village Law, in relation to
23 allowing the Village of Greenport, in the county
5599
1 of Suffolk, to abolish the office of village
2 justice.
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 47.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 560, by Senator Skelos, Senate Print 3350, an
15 act to amend Chapter 821 of the Laws of 1970,
16 amending the Town Law.
17 ACTING PRESIDENT KUHL: There is
18 a home rule message at the desk.
19 Secretary will read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
5600
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 47.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 565, by Senator Holland, Senate Print 32, an act
8 to amend the Highway Law, in relation to
9 increasing bonded indebtedness in the Town of
10 Ramapo.
11 ACTING PRESIDENT KUHL: There is
12 a home rule message at the desk.
13 Secretary will read the last
14 section.
15 THE SECRETARY: Section 3. This
16 act shall take effect immediately.
17 ACTING PRESIDENT KUHL: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 47.
21 ACTING PRESIDENT KUHL: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
5601
1 571, by Senator Levy, Senate Print 381, an act
2 to amend the Railroad Law, in relation to
3 requiring trains operating in the state to have
4 operable voice communications.
5 ACTING PRESIDENT KUHL: Secretary
6 will read the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 180th day.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT KUHL: Announce
13 the results when tabulated. Announce the
14 results when tabulated.
15 THE SECRETARY: Those recorded in
16 the negative on Calendar Number 571 are Senators
17 Rath and Wright. Ayes 45. Nays 2.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 576, by member of the Assembly Weisenberg,
22 Assembly Print 1823, an act to amend the Vehicle
23 and Traffic Law, in relation to excluding
5602
1 certain vehicles from the provisions of the
2 Uniform Vehicle Certification Title Act.
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 48.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 604, by Senator Kuhl, Senate Print 3535, an act
15 to amend the Executive Law, in relation to
16 exempting educational facilities.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
5603
1 THE SECRETARY: Ayes 47. Nays
2 1. Senator Stavisky recorded in the negative.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 Senator Skelos, that completes
6 the noncontroversial calendar.
7 SENATOR SKELOS: Mr. President.
8 If we could just stand at ease for about one
9 minute?
10 ACTING PRESIDENT KUHL: We have a
11 couple of housekeeping measures we could take up
12 at this time if that's okay, Senator Skelos.
13 SENATOR SKELOS: Very good, Mr.
14 President.
15 ACTING PRESIDENT KUHL: Okay. We
16 will return to motions and resolutions. Chair
17 recognizes Senator Cook.
18 SENATOR COOK: Mr. President. On
19 behalf of Senator DeFrancisco, I wish to call up
20 Calendar Number 206, Assembly Print 917.
21 ACTING PRESIDENT KUHL: Secretary
22 will read the title.
23 THE SECRETARY: Calendar Number
5604
1 206, by Member of the Assembly Pillittere,
2 Assembly Print 917, an act to amend the
3 Navigation Law, in relation to vessel lighting.
4 SENATOR COOK: Now move to
5 reconsider the vote by which the Assembly bill
6 was substituted for the Senate bill, Print
7 Number 2640, on March 15.
8 ACTING PRESIDENT KUHL: Secretary
9 will call the roll on reconsideration.
10 (The Secretary called the roll on
11 reconsideration.)
12 THE SECRETARY: Ayes 48.
13 ACTING PRESIDENT KUHL: The bill
14 is before the house.
15 Senator Cook.
16 SENATOR COOK: I now move that
17 the Assembly bill, Number 917, be recommitted to
18 the Committee on Tourism, Recreation, and Sports
19 Development, and that the Senate bill be
20 restored to the order of third reading.
21 ACTING PRESIDENT KUHL: The
22 Assembly bill is recommitted. The Senate bill
23 will be replaced on the Third Reading Calendar.
5605
1 SENATOR COOK: Mr. President. I
2 now offer the following amendments.
3 ACTING PRESIDENT KUHL:
4 Amendments are received and adopted.
5 Senator Saland.
6 SENATOR SALAND: Mr. President.
7 I would like to place a sponsor star on Senate
8 Bill 3918, Calendar 607.
9 ACTING PRESIDENT KUHL: Calendar
10 Number 607 will be starred at the request of the
11 sponsor.
12 Chair recognizes Senator
13 Padavan.
14 SENATOR PADAVAN: I would like to
15 call up my bill, Print 3380, recalled from the
16 Assembly which is now at the desk.
17 ACTING PRESIDENT KUHL: Secretary
18 will read the title.
19 THE SECRETARY: Calendar Number
20 299, by Senator Padavan, Senate Print 3380, an
21 act to amend the General Municipal Law and
22 others.
23 ACTING PRESIDENT KUHL: Senator
5606
1 Padavan.
2 SENATOR PADAVAN: Move to
3 reconsider the vote by which the bill passed.
4 ACTING PRESIDENT KUHL: The
5 motion is to reconsider the bill by which the
6 bill passed the house.
7 The Secretary will call the roll
8 on reconsideration.
9 (The Secretary called the roll on
10 reconsideration.)
11 THE SECRETARY: Ayes 48.
12 ACTING PRESIDENT KUHL: The bill
13 is before the house.
14 Senator Padavan.
15 SENATOR PADAVAN: I now offer up
16 the following amendments.
17 ACTING PRESIDENT KUHL:
18 Amendments are received and adopted.
19 SENATOR SKELOS: Mr. President.
20 There will be an immediate meeting of the Higher
21 Education Committee in Room 433A of the Capitol.
22 ACTING PRESIDENT KUHL: There
23 will be an immediate meeting of the Higher
5607
1 Education Committee in Room 433A of the Capitol,
2 433A of the Capitol.
3 SENATOR COOK: Mr. President. I
4 think that Senator Stavisky, who is on the
5 Higher Education Committee, wanted to discuss
6 this bill with the -- I defer to the Majority
7 Leader as to whether we can lay it over for
8 Senator Stavisky's benefit.
9 SENATOR STAVISKY: Or just later
10 in the day, 431.
11 SENATOR COOK: If there is a
12 later. I don't have any objection, but I don't
13 know what the scheduling is here.
14 ACTING PRESIDENT KUHL: Chair
15 recognizes Senator Skelos.
16 SENATOR SKELOS: Lay it aside
17 temporarily.
18 Return to motions and
19 resolutions.
20 ACTING PRESIDENT KUHL: We will
21 return to motions and resolutions.
22 Senator Skelos.
23 SENATOR SKELOS: There is a
5608
1 resolution sponsored by Senator Hoblock at the
2 desk. I ask that the title be read and the
3 resolution adopted.
4 ACTING PRESIDENT KUHL: There is
5 a privileged resolution at the desk by Senator
6 Hoblock. I'll ask the Secretary to read the
7 title.
8 THE SECRETARY: By Senator
9 Hoblock, Legislative Resolution, commending
10 Frances Diacetis upon the occasion of her
11 designation as Senior Citizen of the Year.
12 ACTING PRESIDENT KUHL: Question
13 is on the resolution. All those in favor,
14 signify by saying aye.
15 (Response of "Aye.")
16 Opposed, nay.
17 (There was no response.)
18 The Resolution is adopted.
19 Senator Skelos.
20 SENATOR SKELOS: Mr. President.
21 I believe there is another resolution at the
22 desk by Senator Hoblock.
23 ACTING PRESIDENT KUHL: There is
5609
1 another privileged resolution at the desk by
2 Senator Hoblock. I will ask the Secretary to
3 read the title.
4 THE SECRETARY: By Senator
5 Hoblock, Legislative Resolution proclaiming May
6 1995 as Urban League Month in the State of New
7 York.
8 ACTING PRESIDENT KUHL: Question
9 is on the resolution. All those in favor,
10 signify by saying aye.
11 (Response of "Aye.")
12 Opposed, nay.
13 (There was no response.)
14 The resolution is adopted.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President.
17 There will be a conference of the Majority at
18 11:00 a.m., and the Senate will stand in recess
19 until 1:00 p.m. this afternoon.
20 ACTING PRESIDENT KUHL: Without
21 objection, the Senate stands in recess until
22 1:00 p.m. this afternoon. There will be a
23 Majority conference in Room 332 of the Majority
5610
1 Conference Room at 11:00 a.m., 31 minutes from
2 now.
3 Senator Levy.
4 SENATOR LEVY: No.
5 ACTING PRESIDENT KUHL: Okay.
6 Senate stands in recess until 1:00 p.m. this
7 afternoon.
8 (Whereupon, at 10:28 a.m., Senate
9 recessed.)
10 (Whereupon, at 1:00 p.m., Senate
11 reconvened.)
12 ACTING PRESIDENT COOK: Senate
13 will be in order.
14 Senator Farley.
15 SENATOR FARLEY: Thank you, Mr.
16 President. We have some housekeeping. There's
17 a committee assignment and notice.
18 ACTING PRESIDENT COOK: Yes, we
19 do.
20 Secretary will read.
21 Senator, we have a motion we
22 would like to clear up.
23 Senator Marcellino.
5611
1 SENATOR MARCELLINO: Mr.
2 President. I wish to call up my bill, Print
3 Number 2272, recalled from the Assembly, which
4 is now at the desk.
5 ACTING PRESIDENT KUHL: Secretary
6 will read.
7 THE SECRETARY: Calendar Number
8 445, by Senator Lack, Senate Print 2272, an act
9 to amend the Labor Law, in relation to enacting
10 the Advance Technology Act of 1995.
11 SENATOR MARCELLINO: Mr.
12 President. I now move to reconsider the vote by
13 which this bill was passed.
14 ACTING PRESIDENT COOK: The
15 Secretary will call the roll on reconsideration.
16 (The Secretary called the roll on
17 reconsideration.)
18 THE SECRETARY: Ayes 53.
19 ACTING PRESIDENT COOK: The bill
20 is before the house.
21 Senator Marcellino.
22 SENATOR MARCELLINO: Mr.
23 President. I now offer the following
5612
1 amendments.
2 ACTING PRESIDENT COOK:
3 Amendments received and adopted.
4 Senator Farley.
5 SENATOR FARLEY: Does the desk
6 have a committee assignment change? Read it,
7 please.
8 ACTING PRESIDENT COOK: Secretary
9 will read the committee assignment.
10 THE SECRETARY: Senator Bruno
11 handed up the following committee assignment,
12 Committee on Ethics: Delete Senator Johnson,
13 chairman; add Senator Marcellino, chairman.
14 ACTING PRESIDENT COOK: That is
15 filed in the Journal.
16 Senator Farley.
17 SENATOR FARLEY: Yes, Senator
18 Cook. I wish to make an announcement that -
19 all Senators that are within earshot, please pay
20 attention. The Senate will adjourn as of 1:00
21 o'clock today until 3:00 o'clock Monday
22 intervening legis....
23 Oooo, hold on.
5613
1 Change of orders here. There is
2 an amendment that's coming, and we're just going
3 to have to wait and stand at ease for just a few
4 seconds.
5 ACTING PRESIDENT COOK: Senator,
6 I think you could complete your announcement as
7 to what's going to happen, even though it's not
8 a motion.
9 SENATOR FARLEY: Yes, I will
10 complete the announcement. We will not adjourn
11 until the amendment comes. The Majority Leader
12 has asked that we adjourn shortly after 1:00,
13 and everyone be subject to the call of the
14 Majority Leader; and there may be some
15 announcements, so stay close and bring extra
16 shirts and so forth to possibly next week, and
17 all the intervening days will be legislative.
18 So we will wait for this
19 amendment, and then we will be adjourning for
20 the rest of the week.
21 Senator Cook, if you would
22 recognize Senator Paterson.
23 ACTING PRESIDENT COOK: Senator
5614
1 Paterson.
2 SENATOR PATERSON: So, as I
3 understand it, we will adjourn today until
4 Monday at 3:00 p.m. subject to the call of the
5 Majority Leader?
6 ACTING PRESIDENT COOK: That will
7 be the motion, as I understand it, Senator, yes.
8 SENATOR PATERSON: Does the
9 Majority Leader need my phone number?
10 ACTING PRESIDENT COOK: I beg
11 your pardon?
12 SENATOR FARLEY: He wants to know
13 if you need his phone number.
14 We'll gettcha.
15 SENATOR PATERSON: I'll leave it
16 at the desk.
17 ACTING PRESIDENT COOK: We have
18 your license number, Senator. We'll find you
19 some place.
20 Senator Marcellino.
21 SENATOR MARCELLINO: Mr.
22 President. For Senator Levy, on page number 52,
23 I offer the following amendments to Calendar
5615
1 Number 446, Senate Print Number 25, and ask that
2 said bill retain its place on the Third Reading
3 Calendar.
4 ACTING PRESIDENT COOK:
5 Amendments received. Bill will retain its place
6 on the Third Reading Calendar.
7 Senator Farley, do you have
8 something you would like to say?
9 SENATOR FARLEY: There being no
10 further business to come before the Senate, we
11 will stand adjourned until Monday at 3:00 p.m.,
12 regular hour, and intervening legislative days;
13 and, again, I ask that all Senators stay close,
14 subject to the call of the Majority Leader, for
15 the rest of this week.
16 Senate stands adjourned.
17 ACTING PRESIDENT COOK: Without
18 objection, the Senate stands adjourned.
19 (Whereupon, at 1:05 p.m., Senate
20 adjourned.)
21
22
23