Regular Session - January 16, 1996
105
1
2
3
4
5
6
7
8 ALBANY, NEW YORK
9 January 16, 1996
10 3:04 p.m.
11
12
13 REGULAR SESSION
14
15
16
17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
18 STEPHEN F. SLOAN, Secretary
19
20
21
22
23
106
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 Would everyone please rise and
5 join me in the Pledge of Allegiance.
6 (Whereupon, the Senate and those
7 present joined in the Pledge of Allegiance to
8 the Flag.)
9 May we bow our heads in a moment
10 of silence.
11 (Whereupon, there was a moment of
12 silence.)
13 The reading of the Journal,
14 please.
15 THE SECRETARY: In Senate,
16 Sunday, January 14. The Senate met pursuant to
17 adjournment. Senator Hoblock in the chair. The
18 Journal of Saturday, January 13, was read and
19 approved. On motion, Senate adjourned.
20 THE PRESIDENT: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
107
1 Messages from the Governor.
2 Reports of standing committees.
3 The Secretary will read.
4 THE SECRETARY: Senator Stafford,
5 from the Committee on Finance, offers up the
6 following nomination: Member of the State Board
7 of Parole, Mary Ellen Jones of Rochester.
8 THE PRESIDENT: Senator Stafford.
9 SENATOR STAFFORD: Thank you,
10 Madam President.
11 Madam President, I first would
12 like to state, place on the record -- I would
13 indicate that today's Finance Committee meeting
14 was held as scheduled. Everyone who was to be
15 notified or should have been notified, including
16 the Minority, were so notified in advance that
17 the nomination of Mary Ellen Jones would be
18 added to the agenda. I trust I make myself
19 clear.
20 I would state, Mr. President,
21 that Mary Ellen Jones appeared before our
22 committee, and I know some other chairman will
23 be speaking concerning their meeting, Crime and
108
1 Correction, Senator Nozzolio. But I would state
2 that Mary Ellen Jones was completely prepared,
3 has the qualifications; and after some
4 questions, some comments, mostly sharing with
5 her the good fortune of her serving on the
6 Parole Board, the Senate Finance Committee voted
7 to send her nomination to the floor, and I do so
8 proudly.
9 I will now yield to Senator
10 Nozzolio.
11 THE PRESIDENT: Senator
12 Nozzolio.
13 SENATOR NOZZOLIO: Thank you,
14 Madam President. My colleagues. I offer up the
15 following notice with regard to the New York
16 State Senate Committee on Crime and Corrections
17 held earlier today. I ask that it be read and
18 filed in the Journal.
19 THE PRESIDENT: The Secretary
20 will read.
21 THE SECRETARY: By Senator
22 Nozzolio, Notice from the Senate Standing
23 Committee on Crime Victims, Crime and
109
1 Corrections. Pursuant to Senate Rule 7, Section
2 3, the following members of said committee
3 constituting the majority thereof called for a
4 special meeting of the committee to be held at
5 10:00 a.m. on Tuesday, January 16, to consider
6 the Governor's nomination of Mary Ellen Jones to
7 become a member of the State Board of Parole.
8 Those present: Senators Nozzolio, Goodman,
9 Volker, Cook, Saland, Maziarz, Sears, Wright,
10 DiCarlo.
11 THE PRESIDENT: Notice will be
12 filed in the Journal.
13 Senator Nozzolio.
14 SENATOR NOZZOLIO: Madam
15 President. It gives me great pleasure to place
16 in nomination and speak on behalf of the
17 nomination of Mary Ellen Jones to serve on the
18 Parole Board.
19 Madam President. My colleagues.
20 This nomination of Senator Jones continues
21 Governor Pataki's efforts to nominate and place
22 top-flight leaders in important positions in his
23 administration. The nomination of Senator Jones
110
1 to serve on the State Parole Board is based on
2 her ability, experience and integrity.
3 Senator Jones joins a
4 distinguished list of legislators who have been
5 appointed to serve as part of the Pataki
6 administration. Senator Daly, Assemblyman
7 Casale, Behan, King, Davidsen, and Rappleyea.
8 Each of those former members of the State
9 Legislature were selected on the basis, above
10 all other bases, of their ability to serve
11 people, just as Senator Jones has demonstrated
12 throughout her career in public service.
13 As chairman of the Senate Crime
14 and Corrections Committee, it is my honor to
15 offer the nomination of Senator Jones to the
16 Parole Board. Senator Jones has represented
17 extremely well the interests of Monroe County
18 and her Senatorial District these last three
19 years. She's been an active member of many
20 committees of this body and, particularly, the
21 Senate Committee on Crime Victims, Crime and
22 Corrections, and has served as a legislative
23 leader in the area of tougher laws for sex
111
1 offenders, strengthening crime victims rights,
2 and working towards the enactment of Megan's
3 Law.
4 Senator Jones has been a
5 distinguished member of this house but, before
6 that, served with equal distinction in the
7 Monroe County Legislature, active in that body
8 on the Public Safety Committee. She is
9 certified as an Emergency Medical Technician and
10 has ridden the ambulances continually throughout
11 her tenure in public life and continues even
12 today as her commitment to service of her fellow
13 individuals.
14 That Senator Jones, active in
15 drug treatment, active in areas of domestic
16 violence prevention, active in areas of victims'
17 assistance, ideally suited for service on the
18 Parole Board; and distinguished service, that is
19 exactly what Senator Mary Ellen Jones has always
20 stood for, and I'm confident that is exactly
21 what she will bring to her new assignment as a
22 member of the New York State Parole Board.
23 Madam President. My colleagues.
112
1 It is with great honor that I rise in support of
2 this fine nomination.
3 Thank you.
4 THE PRESIDENT: Senator Bruno.
5 SENATOR BRUNO: Thank you, Madam
6 President. I would like to move the nomination
7 that has been placed on the floor.
8 THE PRESIDENT: Senator Hoffmann.
9 SENATOR HOFFMANN: I rise with
10 mixed feelings to support the nomination of
11 Senator Jones to Parole Board because I will be
12 losing a valued friend in this chamber as will
13 many others. We have come to have extremely
14 warm feelings for Senator Jones and have known
15 in the years that she served here that we could
16 always rely upon her uncanny ability to see with
17 common sense, as a first-grade school teacher
18 can see, some of the issues that many of us
19 would otherwise render much too difficult to
20 comprehend or too difficult to explain to the
21 general public. Mary Ellen has that wonderful
22 skill at breaking a complex issue down to its
23 most elementary parts and finding a way to come
113
1 up with a solution that is satisfactory to all
2 parties concerned. She's able to function in a
3 bipartisan manner under the most difficult
4 circumstances.
5 These kind of creative talents
6 are going to hold her in excellent stead dealing
7 with one of the more pressing problems that we
8 face in the state today, and that is the growing
9 number of people who are leaving our facilities
10 of incarceration, reentering the community and,
11 often, do not have any provisions made for how
12 they will satisfactorily reintegrate into
13 society. I am comforted in knowing that someone
14 of Senator Jones' creative thought, wide-range
15 of experience and unbelievable hard work is
16 going to be serving in that capacity.
17 At the same time, I would be
18 remiss if I did not say that I will miss her as
19 a colleague and I'm sorry that we will be losing
20 her in the Senate chambers, but it is to the
21 benefit of New York State that she's continuing
22 in public service, and I compliment Governor
23 Pataki on his remarkable ability to have located
114
1 such an excellent choice for the Parole Board.
2 THE PRESIDENT: Senator Farley.
3 SENATOR FARLEY: Thank you, Madam
4 President. I rise to support the nomination of
5 Senator Mary Ellen Jones.
6 I think if there is any member of
7 the other side that is respected and admired and
8 liked by my conference and me personally, it's
9 Senator Jones, and I can't think of anybody that
10 has served in a more partisan manner and
11 deserves this appointment.
12 Mary Ellen, you have been a
13 credit to this chamber and a member of the
14 Senate family, and we're delighted to see you
15 get this appointment, and I wish you all the
16 best and the best wishes to you and your family.
17 Good luck.
18 THE PRESIDENT: Senator Cook.
19 SENATOR COOK: Thank you, Madam
20 President.
21 I also have mixed feelings
22 regarding Senator Jones' appointment. As a
23 member of the Education Committee, I'm going to
115
1 miss her very much. The thing that I have
2 always admired about her was that when she made
3 comments, they were substantive comments,
4 comments based on an understanding of the
5 situation, comments based on some real feelings
6 and experience, and I also consider her
7 something of a collaborator because we have a
8 very sensitive bill that we worked on for a
9 couple of years, and she worked, I'm sure, with
10 members of her conference to help get that bill
11 passed, and I think that we can take pleasure
12 that with the Governor's cooperation the bill is
13 now law, and probably 100 children a year have
14 their lives saved as a result of that bill, and
15 that is something that I think you can share in,
16 Senator, and I want to thank you for your part
17 in that and for all the leadership that you have
18 shown and, more than that, the leadership I know
19 you are going to continue to show.
20 THE PRESIDENT: Has every member
21 wishing to speak been heard?
22 SENATOR DeFRANCISCO: Excuse me.
23 THE PRESIDENT: The question -
116
1 oh, I'm sorry.
2 Senator DeFrancisco.
3 SENATOR DeFRANCISCO: Yes. I
4 also rise in support of the nomination. I think
5 one thing hasn't been said yet; and that is, the
6 role of somebody on the State Board of Parole is
7 a role much like a judge, and that person has to
8 be fair and impartial, open-minded in looking at
9 both sides of an issue, and that's what's
10 impressed me about Senator Jones. She's an
11 individual who looks at both sides of the issue,
12 will be compassionate but fair, and that's the
13 way she's shown herself on this floor of the
14 Senate for the years that she's been there.
15 So I rise in support of the
16 nomination, and I wish her the best of luck
17 because I wish her the best of the luck because
18 whenever there is an issue in the State Board of
19 Parole, there's always two sides of the issue,
20 and if I have a case where I want someone to
21 evaluate those two sides, I want someone like
22 Mary Ellen Jones to do that.
23 THE PRESIDENT: The question is
117
1 on the confirmation of the Mary Ellen Jones as a
2 member of State Board of Parole. All in favor
3 signify by saying aye.
4 (Response of "Aye.")
5 Opposed, nay.
6 Senator Bruno.
7 SENATOR BRUNO: Madam President.
8 By way of explaining my vote, I would just like
9 to add my voice to the others, in that, this is
10 a happy occasion for the people of this state
11 that we'll do well by the services rendered by
12 Senator Mary Ellen Jones, and we will miss her
13 in this chamber because she has been a colleague
14 that relates to the issues and, all of us know,
15 has extremely well been a representative of the
16 people in her area and of this state, so she
17 goes on to greater public service and we admire
18 and we respect her for the good works that she
19 does on behalf of all of the people of this
20 state. I vote aye.
21 THE PRESIDENT: All those opposed
22 nay.
23 Senator Paterson.
118
1 SENATOR PATERSON: Madam
2 President. I would like to be recorded in the
3 negative on this nomination.
4 THE PRESIDENT: The record will
5 so indicate.
6 Mary Ellen Jones is hereby
7 confirmed as a member of the state Board of
8 Parole.
9 (Applause.)
10 Senator Bruno.
11 SENATOR BRUNO: Madam President.
12 Can we at this time call for an immediate
13 meeting of the Rules Committee in Room 332.
14 THE PRESIDENT: There is an
15 immediate meeting of the Rules Committee in Room
16 332.
17 Committee reports.
18 The Secretary will read.
19 THE SECRETARY: Senator Saland,
20 from the Committee on Children and Families,
21 hands up the following bills directly for third
22 reading:
23 Senate Print 1741, by Senator
119
1 Skelos, an act to amend the Social Services Law,
2 in relation to access to certain conviction
3 records.
4 2108, by Senator Saland, an act
5 to amend the Family Court Act, in relation to
6 judicial notification.
7 Senate Print 2594, by Senator
8 Saland, an act to amend the Social Services Law,
9 in relation to child abuse.
10 Senate Print 5712, by Senator
11 Goodman, an act to amend the Social Services
12 Law, in relation to disclosure of information in
13 the Statewide Central Register of Child Abuse.
14 Senator Trunzo, from the
15 Committee on Civil Service and Pensions, hands
16 up the following bills directly for third
17 reading:
18 Senate Print 3653A, by Senator
19 Trunzo, an act to amend the Retirement and
20 Social Security Law, in relation to permitting
21 pensioners to enter into marriage.
22 Senate Print 5779, by Senator
23 Trunzo, an act to amend the Civil Service Law,
120
1 in relation to providing jurisdiction to the
2 Public Employee Relations Board.
3 Senator Stafford, from the
4 Committee on Finance, offers up the following
5 bills directly for third reading:
6 Senate Print 5434A, by Senator
7 Maziarz, an act to amend the State Finance Law,
8 in relation to establishing a transportation
9 mobility revolving loan.
10 Senate Print 5597, by Senator
11 Bruno, Concurrent Resolution of the Senate and
12 the Assembly, proposing an amendment to Section
13 20 of Article 3 of the Constitution.
14 Senate Print 5598, by Senator
15 Bruno, an act to amend the Legislative Law, the
16 State Finance Law, and the Executive law, in
17 relation to estimates of state revenues.
18 Senator Stafford from the
19 Committee on Finance offers up the following
20 bills directly for third reading -- or Senator
21 Velella, excuse me, offers up the following
22 bills directly for third reading:
23 Senate Print 69, by Senator
121
1 Larkin, an act to amend the Insurance Law and
2 the Tax Law, in relation to supplemental health
3 insurance accounts.
4 Senate Print 1261B, by Senator
5 Stafford, an act to amend the Insurance Law and
6 the General Obligations Law, in relation to
7 limiting liability for property owners.
8 Senate Print 3459B, by Senator
9 Velella, an act to amend the Insurance Law in
10 relation to the definition of surety insurance.
11 Senate Print 5711, by the
12 Committee on Rules, an act to amend the
13 Insurance Law, the Tax Law, the Administrative
14 Code of the City of New York, in relation to the
15 tax deductibility of long-term care insurance
16 coverages.
17 All the bills directly for third
18 reading.
19 THE PRESIDENT: Without
20 objection, all bills will go directly to a third
21 reading.
22 Report of select committees.
23 Communications from state
122
1 officers.
2 Motions and resolutions.
3 Senator DiCarlo.
4 SENATOR DiCARLO: Madam
5 President. On behalf of Senator Cook, on page
6 5, I offer the following amendments to Calendar
7 18, Senate Print 4875, and ask that said bill
8 retain its place on Third Reading Calendar.
9 THE PRESIDENT: So ordered.
10 SENATOR DiCARLO: Also, Madam
11 President, on behalf of Senator Hannon, please
12 place a sponsor star on Calendars 11 and 12.
13 THE PRESIDENT: So ordered.
14 Senator Nanula.
15 SENATOR NANULA: Madam
16 President. I move that the following bill be
17 discharged from its respective committee and be
18 recommitted with instructions to strike the
19 enacting clause: It's Senate Number 2052.
20 THE PRESIDENT: The enacting
21 clause will be struck and the bill will be
22 recommitted.
23 SENATOR NANULA: Thank you.
123
1 THE PRESIDENT: Senator Bruno,
2 are you ready for the calendar?
3 SENATOR BRUNO: Madam President,
4 yes. Can we at this time take up the
5 noncontroversial calendar.
6 THE PRESIDENT: The Secretary
7 will read.
8 THE SECRETARY: Calendar Number
9 2, by Senator Farley, Senate Print 2836, an act
10 to amend the Banking Law, in relation to money
11 transmitters.
12 THE PRESIDENT: Read the last
13 section, please.
14 THE SECRETARY: Section Number
15 6. This act shall take effect on the 90th day.
16 THE PRESIDENT: Call the roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 53.
19 THE PRESIDENT: The bill is
20 passed.
21 THE SECRETARY: Calendar Number
22 5, by Senator DeFrancisco, Senate Print 4228, an
23 act to amend the Lien Law, in relation to notice
124
1 of lien on account of public improvements.
2 THE PRESIDENT: Read the last
3 section, please.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE PRESIDENT: Results.
9 THE SECRETARY: Ayes 52. Nays
10 1. Senator Nanula recorded in the negative.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 7, by Senator Saland, Senate Print 5107, an act
15 to amend the Family Court Act, in relation to
16 the submission of transcripts in Family Court.
17 THE PRESIDENT: Read the last
18 section, please.
19 THE SECRETARY: Section 2. This
20 act shall take effect on the 30th day.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE PRESIDENT: Results.
125
1 THE SECRETARY: Ayes 53.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 14, by Senator Kuhl, Senate Print 1385, an act
6 to amend the Agriculture and Markets Law, in
7 relation to exempting working search dogs from
8 licensing fees.
9 THE PRESIDENT: Read the last
10 section, please.
11 THE SECRETARY: Section 3. This
12 act shall take effect on the first day of
13 January.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE PRESIDENT: Results.
17 THE SECRETARY: Ayes 53.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 16, by Senator Kuhl, Senate Print 2315, an act
22 to amend the Agriculture and Markets Law, in
23 relation to the producer referendum under the
126
1 Rogers-Allen law.
2 THE PRESIDENT: Read the last
3 section, please.
4 THE SECRETARY: Section 4. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE PRESIDENT: Results.
9 THE SECRETARY: Ayes 53.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 23 Senate Print 184, an act to amend the Penal
14 Law, in relation to menacing in the first
15 degree.
16 THE PRESIDENT: Read the last
17 section, please.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the first day of
20 November.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE PRESIDENT: Results.
127
1 THE SECRETARY: Ayes 53.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 31, by Senator Volker, Senate Print 3773, an act
6 to amend the Criminal Procedure Law, in relation
7 to submission of written materials to the jury
8 during deliberations.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 3. This
12 act shall take effect 90 days after it shall
13 have become a law.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE PRESIDENT: Results.
17 THE SECRETARY: Ayes 53.
18 THE PRESIDENT: Senator
19 DeFrancisco.
20 SENATOR DeFRANCISCO: I rise to
21 explain my negative vote. I just want to make
22 it clear that the reason that I'm voting no on
23 this bill, I've tried cases for a few years now
128
1 and what the bill would provide is that the
2 portions of the judge's instructions concerning
3 the elements of a crime could be allowed to be
4 presented to the jury in the jury room for their
5 review along with the elements of the crime. I
6 know that there is a split in the various
7 departments of the state as to how the Appellate
8 Divisions feel about this particular issue. I
9 feel that that's a bad way to run a court. I
10 think what's going to happen, especially now
11 that juries are now -- can now be such a varied
12 degree of individuals including lawyers in the
13 jury room that someone is going to be taking
14 over the role of a judge and interpreting and
15 explaining to jurors in the jury room what these
16 elements really mean and interpreting the
17 judge's instruction as they are there.
18 I think it's much better practice
19 as we have it presently that, with respect to
20 instructions, those instructions should come
21 from the word and the mouth of the judge, and
22 the judge can explain those issues much more
23 carefully and based upon the law better than a
129
1 juror who will be trying to interpret those
2 instructions to the jury, so I vote in the
3 negative for that reason.
4 THE PRESIDENT: Thank you,
5 Senator.
6 The results, please.
7 THE SECRETARY: Ayes 52. Nays
8 1. Senator DeFrancisco recorded in the
9 negative.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 34, by Senator Goodman, Senate Print 983, an act
14 to amend the Arts and Cultural Affairs Law, in
15 relation to the New York State fine arts
16 collection.
17 THE PRESIDENT: Read the last
18 section, please.
19 THE SECRETARY: Section. This
20 act shall take effect immediately.
21 THE PRESIDENT: Call the roll.
22 (The Secretary called the roll.)
23 THE PRESIDENT: Results.
130
1 THE SECRETARY: Ayes 53.
2 THE PRESIDENT: Senator Hoblock,
3 are you recording your negative vote?
4 THE SECRETARY: In relation to
5 Calendar Number 34, Senator Hoblock recorded in
6 the negative. Ayes 52. Nays 1.
7 THE PRESIDENT: The bill is
8 passed.
9 THE SECRETARY: Calendar Number
10 38, by Senator Volker, Senate Print 95, an act
11 to amend the Vehicle and Traffic Law, in
12 relation to authorizing villages and towns to
13 regulate traffic at parking areas and driveways
14 of office buildings.
15 THE PRESIDENT: Read the last
16 section.
17 THE SECRETARY: Section 4. This
18 act shall take effect on the 30th day.
19 THE PRESIDENT: Call the roll.
20 (The Secretary called the roll.)
21 THE PRESIDENT: Results.
22 THE SECRETARY: Ayes 53.
23 THE PRESIDENT: The bill is
131
1 passed.
2 THE SECRETARY: Calendar Number
3 44, by Senator Stafford, Senate Print 610, an
4 act to amend the Vehicle and Traffic Law, in
5 relation to the operation of school buses with
6 headlights and tail lights.
7 THE PRESIDENT: Read the last
8 section, please.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first day of July
11 next succeeding.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE PRESIDENT: Results.
15 THE SECRETARY: Ayes 52. Nays
16 1. Senator Seward recorded in the negative.
17 THE PRESIDENT: The bill is
18 passed.
19 THE SECRETARY: Calendar Number
20 45, by Senator LaValle, Senate Print 1491, an
21 act to amend the Vehicle and Traffic Law, in
22 relation to traffic control signal indicators.
23 THE PRESIDENT: Read the last
132
1 section, please.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the first day of
4 January.
5 THE PRESIDENT: Call the roll.
6 (The Secretary called the roll.)
7 THE PRESIDENT: Results.
8 THE SECRETARY: Ayes 53.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 46, by Senator Wright, Senate Print 3186, an act
13 to amend the Vehicle and Traffic Law, in
14 relation to allowing commercial vehicles to have
15 distinctive plates.
16 THE PRESIDENT: Read the last
17 section, please.
18 THE SECRETARY: Section 3. This
19 act shall take effect on the 60th day.
20 THE PRESIDENT: Call the roll.
21 (The Secretary called the roll.)
22 THE PRESIDENT: Results.
23 THE SECRETARY: Ayes 53.
133
1 THE PRESIDENT: The bill is
2 passed.
3 That completes the
4 noncontroversial calendar.
5 Senator Skelos.
6 SENATOR SKELOS: Madam
7 President. May we please return to reports of
8 standing committees. I believe there is a
9 report of the Rules Committee at the desk.
10 THE PRESIDENT: Yes. The
11 Secretary will read.
12 THE SECRETARY: Senator Bruno
13 from the Committee on Rules hands up the
14 following bill directly for third reading:
15 Senate Print 5800, by Senator
16 Marcellino, an act authorizing the extension of
17 time for the collection of taxes without
18 penalties in the city of Glen Cove.
19 THE PRESIDENT: Senator Skelos.
20 SENATOR SKELOS: Madam
21 President. I move we accept the report of the
22 Rules Committee.
23 THE PRESIDENT: All those in
134
1 favor of accepting the report of the Rules
2 Committee, signify by saying aye.
3 (Response of "Aye.")
4 Opposed, nay.
5 (There was no response.)
6 The report is accepted.
7 Senator Skelos.
8 SENATOR SKELOS: Madam
9 President. At this time, I would like to take
10 up Calendar Number 50, Senate 5800, which was
11 just reported from the Rules Committee.
12 THE PRESIDENT: The Secretary
13 will read.
14 THE SECRETARY: Calendar Number
15 50, by Senator Marcellino, Senate Print 5800, an
16 act authorizing the extension of time for the
17 collection of taxes without penalty in the city
18 of Glen Cove in 1996.
19 THE PRESIDENT: Read the last
20 section, please.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 THE PRESIDENT: Call the roll.
135
1 (The Secretary called the roll.)
2 THE PRESIDENT: Results.
3 THE SECRETARY: Ayes 53.
4 THE PRESIDENT: The bill is
5 passed.
6 Senator Skelos.
7 SENATOR SKELOS: Madam
8 President. On behalf of Senator Bruno, I hereby
9 file notice that he will move to amend Senate
10 Rules 2, 3, 5, 6, 7, 8, 9, 10, 11, 13, 14 and
11 ask that said notice be filed in the Journal.
12 THE PRESIDENT: The Secretary
13 will read.
14 THE SECRETARY: By Senator Bruno,
15 motion to amend the rules. I hereby give
16 written notice, as required by Rule 11, that I
17 will move to amend the following rule:
18 Rule 2, Section 6, in relation to
19 the powers of the Temporary President.
20 Rule 3, Section 1, in relation to
21 the powers of presiding officer.
22 Rule 5, Sections 2, 3, 4, 5, 6,
23 7, 8 and 9, in relation to the meeting hours of
136
1 session, the creation of a motion, and
2 reconsideration of questions.
3 Rule 6, Sections 1, 2, 3, 4 and
4 9, in relation to the introduction of bills and
5 resolutions.
6 Rule 7, Sections 1, 3 and 5, in
7 relation to the size and creation of standing
8 committees and the duties of standing
9 committees.
10 Rule 8, Sections 3, 4, 6 and 8,
11 in relation to bills on the Third Reading
12 Calendar, notice of amendments and recall and
13 concurrence.
14 Rule 9, Sections 2, 3, and 4, in
15 relation to order and decorum of debate.
16 Rule 10, Sections 2 and 3, in
17 relation to admission to the Senate floor and
18 freedom of information.
19 Rule 11, Section 1, to make
20 technical corrections.
21 Rule 13, Section 2, in relation
22 to expenditure reporting; and
23 Rule 14, Section 1, in relation
137
1 to freedom of information.
2 THE PRESIDENT: Notice will be
3 filed in the Journal.
4 Senator Skelos.
5 Who goes first?
6 Senator Paterson.
7 SENATOR PATERSON: Madam
8 President. Would the Acting Majority Leader
9 yield for a question?
10 THE PRESIDENT: Senator Skelos.
11 SENATOR SKELOS: Absolutely.
12 SENATOR PATERSON: Madam
13 President. I just want to know when the
14 Majority Leader intends to act on the notice?
15 SENATOR SKELOS: I believe it's
16 the intention of the Majority Leader to act on
17 those tomorrow morning during session.
18 THE PRESIDENT: Senator Paterson.
19 SENATOR PATERSON: Session
20 tomorrow will be at -
21 SENATOR SKELOS: I was just going
22 to announce it when I make my motion to adjourn.
23 SENATOR PATERSON: I'm sorry.
138
1 SENATOR SKELOS: Madam
2 President. There being no further business, I
3 move we adjourn until Wednesday, January 17,
4 1966 at 10:00 a.m. sharp.
5 THE PRESIDENT: 1996, Senator
6 Skelos? 1996.
7 SENATOR SKELOS: 1996.
8 THE PRESIDENT: Right. Without
9 objection, the Senate stands adjourned until
10 Wednesday, January -
11 SENATOR PATERSON: Madam
12 President.
13 THE PRESIDENT: Oh, Senator
14 Paterson.
15 SENATOR PATERSON: Madam
16 President. The Notice of Rule Change is due to
17 be filed under -
18 SENATOR SKELOS: I believe the
19 Senate stands adjourned.
20 THE PRESIDENT: Just a moment,
21 please.
22 SENATOR PATERSON: I want to
23 point out, Madam President, that the Notice -
139
1 THE PRESIDENT: Can you be
2 patient one second, please.
3 SENATOR PATERSON: Absolutely,
4 Madam President.
5 THE PRESIDENT: The motion to
6 adjourn has been made. It's not a debatable
7 motion. Should we have a vote on the motion?
8 SENATOR PATERSON: Madam
9 President. I was asking a question of the
10 Majority Leader that he told me he would answer,
11 and the reason I was asking him the question was
12 because under Rule 11, which is how these rules
13 are being changed, they require a 24-hour
14 notice; and, therefore, if the time of
15 tomorrow's session was going to be at -- 10:00
16 a.m.?
17 SENATOR SKELOS: Sharp.
18 SENATOR PATERSON: -- 10:00 a.m.
19 sharp, that leaves us five and a half hours
20 short of the 24 hours; and so giving the
21 Minority an opportunity to review the rules
22 change, I was going to suggest that we act on
23 the rules change in the first day of session
140
1 next week, January 22.
2 SENATOR SKELOS: We appreciate
3 your recommendation, and certainly I will convey
4 that to Senator Bruno.
5 I believe the motion is -
6 SENATOR PATERSON: Madam
7 President.
8 THE PRESIDENT: Senator Paterson.
9 SENATOR PATERSON: I was wishing
10 that the Deputy Majority Leader convey the rule
11 to Senator Bruno not my opinion; in other words,
12 I'm just saying that that's my understanding of
13 how we should do it.
14 SENATOR SKELOS: I will convey
15 everything that you have suggested to the
16 Majority Leader, and I believe there is a motion
17 before the house to adjourn which is non
18 debatable.
19 THE PRESIDENT: Yes.
20 SENATOR SKELOS: If we could have
21 a decision by the chair whether we stand
22 adjourned or not.
23 THE PRESIDENT: Without
141
1 objection, I believe, the Senate stands
2 adjourned until Wednesday, January 17, at 10:00
3 a.m. sharp.
4 (Whereupon, at 3:35 p.m., Senate
5 adjourned.)
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23