Regular Session - January 24, 1996

                                                                  567

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         8                       ALBANY, NEW YORK

         9                       January 24, 1996

        10                         11:00 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











                                                              568

         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 places, the staff to find their

         5       places.  Ask all of you to rise and join me in

         6       saying the 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       all 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       Tuesday, January 23rd.  The Senate met pursuant

        16       to adjournment.  The Journal of Monday, January

        17       22nd, was read and approved.  On motion, the

        18       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.











                                                              569

         1                      Messages from the Governor.

         2                      Reports of standing committees.

         3                      Reports of select committees.

         4                      Motions and resolutions.

         5                      SENATOR LIBOUS:  Mr. President.

         6                      ACTING PRESIDENT KUHL:  The Chair

         7       recognizes Senator Libous.

         8                      SENATOR LIBOUS:  Thank you, Mr.

         9       President.

        10                      On behalf of Senator Stafford,

        11       would we please place a star -- a sponsor's star

        12       on Calendar Number 71.

        13                      ACTING PRESIDENT KUHL:  A

        14       sponsor's star is placed on Calendar Number 71.

        15                      SENATOR LIBOUS:  Mr. President,

        16       on behalf of Senator Cook, could we also place a

        17       sponsor's star on Calendar Number 73.

        18                      ACTING PRESIDENT KUHL:  A star is

        19       placed on Calendar Number 73 at the request of

        20       the sponsor.

        21                      SENATOR LIBOUS:  Mr. President,

        22       on page number 14, I offer the following

        23       amendments to Calendar Number 127, Assembly











                                                              570

         1       Print 5499, and ask that said bill retain its

         2       place on the Third Reading Calendar.

         3                      ACTING PRESIDENT KUHL:  The

         4       amendments are received and adopted.  The bill

         5       will retain its place on the Third Reading

         6       Calendar.

         7                      Senator Libous.

         8                      SENATOR LIBOUS:  Mr. President,

         9       on behalf of Senator Kuhl, I move that the

        10       following bills be discharged from their

        11       respective committees and be recommitted with

        12       instructions to strike the enacting clause, and

        13       I would be happy to read those numbers for you.

        14                      ACTING PRESIDENT KUHL:  If you

        15       would, please.

        16                      SENATOR LIBOUS:  Senate Numbers

        17       660, 1992, 3117, 3118, 3823.

        18                      ACTING PRESIDENT KUHL:  The

        19       enacting clauses to those bills are stricken and

        20       the bills are recommitted.

        21                      SENATOR LIBOUS:  Thank you, Mr.

        22       President.

        23                      I have one more.











                                                              571

         1                      ACTING PRESIDENT KUHL:  Senator

         2       Libous.

         3                      SENATOR LIBOUS:  On behalf of

         4       Senator Cook, Mr. President, on page 11, I offer

         5       the following amendments to Calendar Number 103,

         6       Assembly Print 4864-A, and ask that said bill

         7       retain its place on the Third Reading Calendar.

         8                      ACTING PRESIDENT KUHL:  The

         9       amendments are received and adopted.  The bill

        10       will retain its place on the Third Reading

        11       Calendar.

        12                      Senator Bruno, that brings us to

        13       the calendar.  Are you ready for the calendar,

        14       sir?

        15                      SENATOR BRUNO:  Yes.  Mr.

        16       President, can you at this time recognize

        17       Senator LaValle for the purposes of making an

        18       announcement?

        19                      ACTING PRESIDENT KUHL:  The Chair

        20       recognizes Senator LaValle.

        21                      SENATOR LAVALLE:  Mr. President,

        22       there will be an immediate meeting of the Higher

        23       Education Committee in the Senate Majority











                                                              572

         1       Conference Room.

         2                      ACTING PRESIDENT KUHL:  Immediate

         3       meeting of the Senate Committee on Higher

         4       Education in the Majority Conference Room, Room

         5       332.  Immediate meeting of the Higher Education

         6       Committee.

         7                      Senator Bruno.

         8                      SENATOR BRUNO:  Mr. President,

         9       can we at this time take up the non

        10       controversial calendar.

        11                      ACTING PRESIDENT KUHL:  The

        12       Secretary will read the non-controversial

        13       calendar.

        14                      THE SECRETARY:  Calendar Number

        15       15, by Senator Kuhl, Senate Print 1475-A, an act

        16       to amend the Agriculture and Markets Law and the

        17       Vehicle and Traffic Law, in relation to

        18       exempting farm vehicles from the Motor Vehicle

        19       Financial Security Act.

        20                      SENATOR PATERSON:  Lay it aside,

        21       please.

        22                      ACTING PRESIDENT KUHL:  Lay the

        23       bill aside.











                                                              573

         1                      THE SECRETARY:  Calendar Number

         2       17, by Senator Kuhl, Senate Print 3917-A, an act

         3       to amend the Agriculture and Markets Law, in

         4       relation to the disposition of pro rata shares

         5       paid into the milk producers security fund.

         6                      ACTING PRESIDENT KUHL:  The

         7       Secretary will read the last section.

         8                      THE SECRETARY:  Section 2.  This

         9       act shall take effect immediately.

        10                      ACTING PRESIDENT KUHL:  Call the

        11       roll.

        12                      (The Secretary called the roll.)

        13                      THE SECRETARY:  Ayes 31.

        14                      ACTING PRESIDENT KUHL:  The bill

        15       is passed.

        16                      THE SECRETARY:  Calendar Number

        17       21, by Senator LaValle, Senate Print 3291, an

        18       act to amend the Education Law, in relation to

        19       filing of notice of athletic scholarships.

        20                      ACTING PRESIDENT KUHL:  The

        21       Secretary will read the last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect on the 90th day.











                                                              574

         1                      ACTING PRESIDENT KUHL:  Call the

         2       roll.

         3                      (The Secretary called the roll.)

         4                      THE SECRETARY:  Ayes 31, nays 1,

         5       Senator Wright recorded in the negative.

         6                      ACTING PRESIDENT KUHL:  The bill

         7       is passed.

         8                      THE SECRETARY:  Calendar Number

         9       74, by Senator Volker, Senate Print 1474, an act

        10       to amend the Vehicle and Traffic Law, in

        11       relation to suspensions for failure to answer.

        12                      ACTING PRESIDENT KUHL:  The

        13       Secretary will read the last section.

        14                      THE SECRETARY:  Section 3.  This

        15       act shall take effect on the 30th day.

        16                      ACTING PRESIDENT KUHL:  Call the

        17       roll.

        18                      (The Secretary called the roll.)

        19                      THE SECRETARY:  Ayes 32.

        20                      ACTING PRESIDENT KUHL:  The bill

        21       is passed.

        22                      THE SECRETARY:  Calendar Number

        23       75, by Senator Goodman, Senate Print 2429, an











                                                              575

         1       act to amend the Vehicle and Traffic Law, in

         2       relation to regulation of delivery bicycles.

         3                      ACTING PRESIDENT KUHL:  The

         4       Secretary will read the last section.

         5                      THE SECRETARY:  Section 5.  This

         6       act shall take effect on the 90th day.

         7                      ACTING PRESIDENT KUHL:  Call the

         8       roll.

         9                      (The Secretary called the roll.)

        10                      THE SECRETARY:  Ayes 32.

        11                      ACTING PRESIDENT KUHL:  The bill

        12       is passed.

        13                      THE SECRETARY:  Calendar Number

        14       76, by Senator LaValle, Senate Print 4482, an

        15       act authorizing the village of Port Jefferson

        16       and the town of Riverhead in the county of

        17       Suffolk to maintain traffic control devices.

        18                      SENATOR PATERSON:  Lay it aside.

        19                      ACTING PRESIDENT KUHL:  Lay the

        20       bill aside.

        21                      THE SECRETARY:  Calendar Number

        22       86, by Senator LaValle, Senate Print 1720, an

        23       act to amend the Public Authorities Law, in











                                                              576

         1       relation to the financing and construction of

         2       certain facilities for Little Flower Children's

         3       Services of New York.

         4                      ACTING PRESIDENT KUHL:  The

         5       Secretary will read the last section.

         6                      THE SECRETARY:  Section 3.  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 35.

        12                      ACTING PRESIDENT KUHL:  The bill

        13       is passed.

        14                      Senator Bruno, that completes the

        15       non-controversial calendar, sir.

        16                      SENATOR BRUNO:  Thank you, Mr.

        17       President.

        18                      Can we at this time take up the

        19       controversial calendar.

        20                      ACTING PRESIDENT KUHL:  The

        21       Secretary will read the controversial calendar.

        22                      THE SECRETARY:  Calendar Number

        23       15, by Senator Kuhl, Senate Print 1475-A, an act











                                                              577

         1       to amend the Agriculture and Markets Law and the

         2       Vehicle and Traffic Law, in relation to

         3       exempting farm vehicles from the Motor Vehicle

         4       Financial Security Act.

         5                      SENATOR PATERSON:  Explanation,

         6       please.

         7                      ACTING PRESIDENT DiCARLO:

         8       Senator Kuhl, an explanation has been asked for

         9       by Senator Paterson.

        10                      SENATOR KUHL:  Yes, Mr.

        11       President.  This bill is really quite simple.  A

        12       couple years ago, we passed a bill that placed a

        13       requirement on farmers to provide individual

        14       insurance policies for farm-plated vehicles,

        15       farm-plated vehicles being the limited use

        16       vehicles that are only used on a simple

        17       occasion, for instance, like bringing cabbages

        18       out of the field or maybe making an application

        19       of fertilizer on a field in the spring.  That

        20       particular new requirement that we placed on

        21       them has caused some farmers quite an expense,

        22       and what this bill simply does is to remove a

        23       requirement that we placed on them a short time











                                                              578

         1       ago.

         2                      ACTING PRESIDENT DiCARLO:

         3       Senator Paterson.

         4                      SENATOR PATERSON:  Thank you very

         5       much, Mr. President.

         6                      I'm a little concerned about

         7       those rare instances where there may be an

         8       accident involving one of those vehicles, and I

         9       was wondering if Senator Kuhl would yield for a

        10       question and inform the members in the chamber,

        11       and those listening in, as to whether or not

        12       there are any records of what the accident rate

        13       is for these farm vehicles.

        14                      ACTING PRESIDENT DiCARLO:

        15       Senator Kuhl, will you yield?

        16                      SENATOR KUHL:  I'd be happy to

        17       yield to that question.

        18                      ACTING PRESIDENT DiCARLO:

        19       Senator Kuhl.

        20                      SENATOR KUHL:  Mr. President, I

        21       don't have with me the exact figures relative to

        22       accidents, but I can tell you that one of the

        23       reasons that we allow for limited use vehicles











                                                              579

         1       to have different kinds of safety requirements

         2       than the normal usage of -- of vehicles that we

         3       have, whether they're 18-wheelers carrying large

         4       quantities of produce or whether they just

         5       happen to be normal cars, is that there is an

         6       extremely low accident rate.

         7                      There are different criteria that

         8       are required.  For instance, in some cases you

         9       don't have to have working lights on some of

        10       these vehicles because they're only used during

        11       the daytime and there's no requirement for

        12       that.  In some cases you don't have to have the

        13       five-mile-an-hour bumper because they're just

        14       not able to be kept in place, or working brake

        15       lights, some of those kinds of things.  There's

        16       a specifically different standard for safety on

        17       these vehicles because they're extremely limited

        18       use and they're only going from -- in most

        19       cases, from the field back to the farm which

        20       might be just across the road, and what we did

        21       is we placed the requirement that each one of

        22       these vehicles have a separate individual

        23       insurance policy on those vehicles.  Most of the











                                                              580

         1       farmers have a general liability policy that

         2       would cover for any insurance purposes for

         3       accidents that would occur.  So this was one of

         4       those unnecessary things that we didn't think

         5       was going to be a major problem, but it has

         6       arisen and it is.

         7                      ACTING PRESIDENT DiCARLO:

         8       Senator Paterson.

         9                      SENATOR PATERSON:  Thank you.

        10                      ACTING PRESIDENT DiCARLO:  Read

        11       the last section.

        12                      SENATOR DOLLINGER:  Mr.

        13       President.

        14                      ACTING PRESIDENT DiCARLO:

        15       Senator Dollinger.

        16                      SENATOR DOLLINGER:  Just one

        17       question for Senator Kuhl, if he'll yield.

        18                      ACTING PRESIDENT DiCARLO:

        19       Senator Kuhl, will you yield?

        20                      SENATOR DOLLINGER:  Just -- and I

        21       apologize for -

        22                      SENATOR KUHL:  I would be happy

        23       to.











                                                              581

         1                      ACTING PRESIDENT DiCARLO:

         2       Senator Dollinger.

         3                      SENATOR DOLLINGER:  Perhaps not

         4       paying as close attention to Senator Paterson's

         5       question and your answer to him, but this would

         6       apply to licensed vehicles that are actually

         7       licensed by the Department of Transportation?

         8       Is there any -

         9                      SENATOR KUHL:  Department of

        10       Motor Vehicles, Senator.

        11                      SENATOR DOLLINGER:  Excuse me,

        12       the Department of Motor Vehicles.

        13                      SENATOR KUHL:  Yes.

        14                      SENATOR DOLLINGER:  Are there any

        15       other vehicles that are licensed by the

        16       Department of Motor Vehicles that do not have

        17       liability insurance attached to them?

        18                      SENATOR KUHL:  I don't know the

        19       answer to that question, Senator.

        20                      SENATOR DOLLINGER:  Okay.

        21                      SENATOR KUHL:  My expertise is

        22       not with motor vehicles across the broad

        23       spectrum.  I deal solely with the agricultural











                                                              582

         1       issues.

         2                      SENATOR DOLLINGER:  I understand.

         3                      On the bill, Mr. President.  I

         4       voted against this bill last year.  I'm going to

         5       vote against it again.  I think that exempting

         6       any category of vehicles that are licensed -

         7       that actually get a license plate, that are

         8       actually vehicles that are going to be using the

         9       public highways, to exempt them from the minimum

        10       liability insurance requirements creates a

        11       danger, not only to the motorists or people who

        12       may be involved in accidents -- they could be

        13       pedestrians near the road; they could be other

        14       motorists -- I think it creates an even greater

        15       risk, unfortunately, to the farmer and that risk

        16       is that they would be uninsured when their motor

        17       vehicle is in an accident and, therefore, they

        18       could be sued.  All of their life's assets could

        19       be tied up if the vehicle that they're driving

        20       is involved in an accident, causes an accident

        21       and the farmer may be at risk.

        22                      Although it's an added cost of

        23       doing business, the whole purpose of insuring











                                                              583

         1       these vehicles is to cut down on the bigger

         2       liability risk of being uninsured.  So I'm not

         3       so sure that I agree with the sponsor that this

         4       is necessarily good for farmers in the long run.

         5       It may reduce their costs in the short run, but

         6       in the long run it has a societal consequence

         7       that I don't think is in the best interests of

         8       the people of this state.

         9                      I will be voting no, Mr.

        10       President.

        11                      ACTING PRESIDENT DiCARLO:

        12       Senator Johnson, why do you rise?

        13                      SENATOR JOHNSON:  Mr. President,

        14       I have some familiarity with this issue and I

        15       feel I should speak on it to perhaps reassure

        16       Senator Dollinger and others.

        17                      It's been stated by Senator Kuhl

        18       that the farmer's general liability covers

        19       vehicles of limited use, such as farm vehicles.

        20       This is not a normal license that you would

        21       get.  It's a farm vehicle license.  When you

        22       apply for this license plate, you have to fill

        23       out a form stating where you're going to go with











                                                              584

         1       this truck, and really you're only allowed to go

         2       essentially from one field to another, or a

         3       rented field down the road or possibly to the

         4       dump and drop something off.  This is not a

         5       vehicle to be used in the manner of any normally

         6       licensed vehicle.  It's a very restricted use.

         7       As I said, you have to file that when you apply

         8       for it.

         9                      Farmers have been operating with

        10       this type of a registration and with their

        11       general liability coverage for more decades than

        12       perhaps anyone here has resided in this state.

        13       So I don't think, Senator, that there is a

        14       problem that we need this coverage or this

        15       change in licensing for the trucks.  There's no

        16       reason to do it.  To go back to the old system

        17       is perfectly adequate.  There's been no epidemic

        18       of unlicensed vehicles having accidents or

        19       farmers going broke because their truck wasn't

        20       insured.  So I don't think there's a problem.  I

        21       think there was a big error made when this bill

        22       was passed two years ago and it should be

        23       rectified, and this bill will do it.











                                                              585

         1                      Thank you.

         2                      ACTING PRESIDENT DiCARLO:  Read

         3       the last section.

         4                      THE SECRETARY:  Section 3.  This

         5       act shall take effect immediately.

         6                      ACTING PRESIDENT DiCARLO:  Call

         7       the roll.

         8                      (The Secretary called the roll.)

         9                      THE SECRETARY:  Those recorded in

        10       the negative on Calendar Number 15 are Senators

        11       Abate, Dollinger, Kruger.  Ayes 38, nays 3.

        12                      ACTING PRESIDENT DiCARLO:  The

        13       bill is passed.

        14                      The Secretary will read.

        15                      THE SECRETARY:  Calendar Number

        16       76, by Senator LaValle, Senate Print 4482, an

        17       act authorizing the village of Port Jefferson

        18       and the town of Riverhead in the county of

        19       Suffolk to maintain traffic control devices.

        20                      SENATOR PATERSON:  Explanation.

        21                      ACTING PRESIDENT DiCARLO:

        22       Senator LaValle, an explanation has been asked

        23       for.











                                                              586

         1                      SENATOR LAVALLE:  Mr. President,

         2       this bill is really very straightforward.  It

         3       would allow the village of Port Jefferson and

         4       the town of Riverhead on state highways to use

         5       various devices to allow the safe passage of

         6       pedestrians across state highways.

         7                      Right now in Suffolk County,

         8       villages that have county roads are using

         9       various traffic control devices, such as cones

        10       with little signs on the top saying, "Stop for

        11       pedestrians" or the traditional signs that roll

        12       out onto the highway that we all are aware of as

        13       young people when we crossed at a school

        14       crossing.  This would allow the village of Port

        15       Jefferson and the town of Riverhead to use

        16       similar devices so that pedestrians can cross

        17       safely at very difficult intersections and give

        18       them the same right that villages and other

        19       towns have on county or town roads.

        20                      ACTING PRESIDENT DiCARLO:

        21       Senator Paterson.

        22                      SENATOR PATERSON:  Thank you very

        23       much, Mr. President, and I thank Senator LaValle











                                                              587

         1       for the explanation.

         2                      If Senator LaValle would yield

         3       for a question.

         4                      SENATOR LAVALLE:  Yes, sir.

         5                      SENATOR PATERSON:  We were in

         6       contact with the Department of Transportation

         7       about just a minor problem we have with the

         8       legislation.  We understand the concern and the

         9       pedestrian safety and perhaps why the village of

        10       Port Jefferson and -- I'm sorry -- and the town

        11       of Riverhead would want to regulate the movement

        12       of traffic to accommodate pedestrians, perhaps

        13       by putting cones in the street and that kind of

        14       thing, but the language of the legislation seems

        15       to be very broad because what the language in

        16       the legislation actually refers to is the

        17       control of the movement of traffic, and this

        18       alarms me to a certain degree that we are

        19       allowing this village and this township, in a

        20       sense, some controls that we may not be granting

        21       around the state.

        22                      So, for instance, what are those

        23       instrumentalities that would limit traffic?











                                                              588

         1       Would they be stop lights?  Would they be stop

         2       signs?  Would they be the use of radar; in other

         3       words, where the village and the town would, in

         4       a sense, supersede what every other municipality

         5       in the county is adhering to?

         6                      So I just wanted to ask if the

         7       language is, in your opinion, Senator, specific

         8       enough to accommodate the need that the bill is

         9       addressing very well, but at the same time

        10       creating equity in the other counties and the

        11       other townships and the other villages?

        12                      SENATOR LAVALLE:  Of course, this

        13       bill applies, Senator, as we've discussed, to

        14       Port Jefferson and Riverhead who, on their own

        15       have been, for some time, putting cones to allow

        16       pedestrians to cross safely.

        17                      The Department of Transportation

        18       has indicated to both municipalities that they

        19       did not have the authority to do this, that

        20       they, the state, wanted to, in essence, do their

        21       own thing to safely control pedestrian traffic.

        22                      I live in the village of Port

        23       Jefferson.  It's a village of 7,000 people.  We











                                                              589

         1       have designated the village as a maritime

         2       community and for those who have been or seen

         3       pictures of Port Jefferson, it is a village that

         4       could fit very nicely on a postcard and have it

         5       labeled a New England village.

         6                      The DOT came in and said they

         7       wanted to put pedestrian control devices, huge

         8       poles with an arm across the main street of Port

         9       Jefferson, that is a maritime community, a huge

        10       sign that does not fit into the ambiance of the

        11       community, and they wanted to do the same thing

        12       in downtown Riverhead.  Other communities, such

        13       as Tupper Lake, I am told -- and we know as I've

        14       indicated, Senator, that villages having county

        15       roads use the same innocuous devices, cones, the

        16       same cones that we use expletives to -- that

        17       direct us on major highways in traffic onto the

        18       shoulders of a highway.  These innocent cones,

        19       however, with a little sign saying to vehicles

        20       "Stop" when pedestrians are crossing, work and

        21       protect lives, and that's all we're talking

        22       about in both the village of Port Jefferson and

        23       Riverhead.  We do not believe that it includes











                                                              590

         1       anything else of radar traps, or so forth,

         2       Senator.

         3                      ACTING PRESIDENT DiCARLO:

         4       Senator Paterson.

         5                      SENATOR PATERSON:  Thank you, Mr.

         6       President.

         7                      Actually, Senator LaValle, I

         8       agree with this legislation.  Having not spent

         9       the time in Port Jefferson, I have visited it

        10       and it is a beautiful town -- also Coram very

        11       close to there, but the point that I'm making is

        12       that actually, I think the legislation is good

        13       and I think what you're trying to accomplish is

        14       fine and when you have these townships and you

        15       have a municipality where a department -- a

        16       state department comes in and tries to put those

        17       types of signs in, it really ruins the kind of

        18       artistic and historical and cultural value to

        19       have these kind of traffic controls that are out

        20       of sync' with what the ambiance of the township

        21       would be in Port Jefferson and -- but what we're

        22       saying is the way it's written in the language,

        23       it just says "control devices", and so at some











                                                              591

         1       point in the future, should the village of Port

         2       Jefferson or the town of Riverhead want to go

         3       beyond that, for some reason, which is a reason

         4       that neither you nor I might agree with, they

         5       would be able to do that under this legislation,

         6       and we thought that perhaps the specific types

         7       of traffic controls might have been indicated in

         8       the legislation.  Had it been that way, we just

         9       think it would have been more specific and more

        10       clear.  Otherwise, the intent of the legislation

        11       is quite good and the need to avoid the uses of

        12       the types of traffic controls that the

        13       Department of Transportation would have wanted

        14       to is certainly understandable.

        15                      ACTING PRESIDENT DiCARLO:  Read

        16       the last section.

        17                      THE SECRETARY:  Section 22.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT DiCARLO:  Call

        20       the roll.

        21                      (The Secretary called the roll.)

        22                      THE SECRETARY:  Ayes 44.

        23                      ACTING PRESIDENT DiCARLO:  The











                                                              592

         1       bill is passed.

         2                      SENATOR LEICHTER:  Mr. President.

         3                      ACTING PRESIDENT DiCARLO:

         4       Senator Leichter, why do you rise?

         5                      SENATOR LEICHTER:  Mr. President,

         6       may I have unanimous consent to be recorded in

         7       the negative on Calendar Number 15?

         8                      ACTING PRESIDENT DiCARLO:

         9       Without objection, so ordered.

        10                      Senator Skelos, that completes

        11       the controversial reading of the calendar.

        12                      SENATOR SKELOS:  Mr. President,

        13       if we could return to reports of standing

        14       committees, I believe there is a report from the

        15       Higher Education Committee at the desk.

        16                      ACTING PRESIDENT DiCARLO:

        17       Reports of standing committees.  The Secretary

        18       will read.

        19                      THE SECRETARY:  Senator LaValle,

        20       from the Higher Education Committee, offers up

        21       the following bill directly for third reading:

        22                      Senate Print 5029-A, by Senator

        23       LaValle, an act to amend the Education Law and











                                                              593

         1       the New York State Medical Care Facilities

         2       Finance Agency Act, in relation to the

         3       administration, management and operation of

         4       hospitals.

         5                      ACTING PRESIDENT DiCARLO:

         6       Without objection, all bills directly to third

         7       reading.

         8                      Senator Skelos.

         9                      SENATOR SKELOS:  Mr. President, I

        10       offer up the following committee changes on

        11       behalf of Senator Bruno and ask that they be

        12       read and filed in the Journal.

        13                      ACTING PRESIDENT DiCARLO:  The

        14       Secretary will read.

        15                      THE SECRETARY:  Senator Bruno

        16       hands up the following committee changes:

        17                      Racing, Gaming and Wagering:

        18       Senator Larkin, Chair, Stafford, DeFrancisco,

        19       Farley, Hoblock, Nozzolio, Rath, Sears and

        20       Spano.

        21                      Local Governments:  Larkin off.

        22                      Ethics:  Marcellino off.

        23                      Water Resources:  Tully, Chair,











                                                              594

         1       Trunzo, Lack, Goodman, Marcellino and Maziarz.

         2                      ACTING PRESIDENT DiCARLO:  Filed

         3       in the Journal.

         4                      Senator Skelos.

         5                      SENATOR SKELOS:  Mr. President,

         6       is there any housekeeping at the desk?

         7                      ACTING PRESIDENT DiCARLO:  Yes,

         8       Senator, there is.

         9                      SENATOR RATH:  Mr. President.

        10                      ACTING PRESIDENT DiCARLO:

        11       Senator Rath, why do you rise?

        12                      SENATOR RATH:  Mr. President -

        13       Mr. President, I move to recommit Senate Print

        14       Number 3788, Calendar Number 3, on the order of

        15       third reading to the Committee on Banks.

        16                      ACTING PRESIDENT DiCARLO:  So

        17       ordered.

        18                      Senator Skelos.

        19                      SENATOR SKELOS:  Is there any

        20       other housekeeping?

        21                      ACTING PRESIDENT DiCARLO:  One

        22       second, Senator.

        23                      Senator Skelos.











                                                              595

         1                      SENATOR SKELOS:  Mr. President,

         2       if we could return to motions and resolutions, I

         3       believe there's a resolution by Senator

         4       Hoblock.  If we could have the title read and

         5       the resolution adopted.

         6                      ACTING PRESIDENT DiCARLO:  So

         7       ordered.

         8                      The Secretary will read.

         9                      THE SECRETARY:  By Senator

        10       Hoblock, Senate Legislative Resolution.

        11       Legislative Resolution commending the National

        12       Association for the Advancement of Colored

        13       People, Albany Branch, upon the occasion of its

        14       61st Annual Freedom Fund Dinner to be held

        15       Friday, January 26th, 1996.

        16                      ACTING PRESIDENT DiCARLO:  All

        17       those in favor signify by saying aye.

        18                      (Response of "Aye".)

        19                      Opposed?

        20                      (There was no response.)

        21                      The resolution is adopted.

        22                      Senator Skelos.

        23                      SENATOR SKELOS:  Mr. President,











                                                              596

         1       there being no further business, I move we

         2       adjourn until Monday, January 29th, 1996 at 3:00

         3       p.m. sharp, intervening days to be legislative

         4       days.

         5                      ACTING PRESIDENT DiCARLO:

         6       Without objection, the Senate stands adjourned

         7       until Monday, January 29th, at 3:00 p.m.,

         8       intervening days to be legislative days.

         9                      (Whereupon, at 11:27 a.m., the

        10       Senate adjourned.)

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