Regular Session - February 14, 1996
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8 ALBANY, NEW YORK
9 February 14, 1996
10 11:00 a.m.
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13 REGULAR SESSION
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17 SENATOR JOHN R. KUHL, JR., Acting President
18 STEPHEN F. SLOAN, Secretary
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1349
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 take their chairs, the staff to find their
5 places. Ask all of you to rise and join with me
6 in 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 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, February 13th. The Senate met pursuant
16 to adjournment, prayer by the Reverend Peter G.
17 Young, Blessed Sacrament Church, Bolton
18 Landing. The Journal of Monday, February 12th,
19 was read and approved. On motion, the Senate
20 adjourned.
21 ACTING PRESIDENT KUHL: Hearing
22 no objection, the Journal stands approved as
23 read.
1350
1 Presentation of petitions.
2 Messages from the Assembly.
3 Messages from the Governor.
4 Reports of standing committees.
5 Reports of select committees.
6 Communications and reports from
7 state officers.
8 Motions and resolutions.
9 Senator Marcellino.
10 SENATOR MARCELLINO: Mr.
11 President, on behalf of Senator Levy, can we
12 please place a sponsor's star on Calendar Number
13 108.
14 ACTING PRESIDENT KUHL: At the
15 request of the sponsor, Calendar Number 108 -
16 108 is starred.
17 SENATOR MARCELLINO: Thank you.
18 SENATOR LAVALLE: Mr. President.
19 ACTING PRESIDENT KUHL: The Chair
20 recognizes Senator LaValle.
21 SENATOR LAVALLE: I would like to
22 place a sponsor's star on Calendar Number 181,
23 Senate Print Number 1504.
1351
1 ACTING PRESIDENT KUHL: Calendar
2 Number 181 will be starred at the request of the
3 sponsor.
4 Senator Bruno, we have a
5 substitution we could take at this time. Ask
6 the Secretary to read.
7 SENATOR BRUNO: Mr. President,
8 please take it up at this time.
9 ACTING PRESIDENT KUHL: Ask the
10 Secretary to read the substitution.
11 THE SECRETARY: On page 13,
12 Senator Volker moves to discharge from the
13 Committee on Education, Assembly Bill Number
14 7801 and substitute it for the identical Third
15 Reading Calendar 228.
16 ACTING PRESIDENT KUHL: The
17 substitution is ordered.
18 Senator Bruno, we have a couple
19 of privileged resolutions at the desk, four of
20 them, I believe, we could take up at this time?
21 SENATOR BRUNO: Mr. President,
22 can we do that at this time, read the titles and
23 move for their immediate adoption.
1352
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the title to the first
3 privileged resolution.
4 THE SECRETARY: By Senator
5 Libous, Legislative Resolution commending Fred
6 Sampson, Chief Executive Officer of the New York
7 State Restaurant Association upon the occasion
8 of his retirement.
9 ACTING PRESIDENT KUHL: The
10 question is on the resolution. All those in
11 favor signify by saying aye.
12 (Response of "Aye".)
13 Opposed, nay.
14 (There was no response.)
15 The resolution is adopted.
16 Senator Marchi, why do you rise?
17 SENATOR MARCHI: Mr. President,
18 there may be other members that might wish to
19 join in on that resolution.
20 ACTING PRESIDENT KUHL: Senator
21 Bruno, the request was -- I don't see Senator
22 Libous in the chair to open up the sponsorship
23 of that resolution. Should we place all the
1353
1 members of the chamber on the resolution except
2 those who don't wish to go on it?
3 SENATOR BRUNO: Mr. President, I
4 don't believe the sponsor would object. I think
5 he would welcome opening up this resolution. So
6 I would suggest that we do that.
7 ACTING PRESIDENT KUHL: We'll
8 place all the members, both the -- those on the
9 left and the right of the aisle on the
10 resolution except those who don't wish to be on
11 the resolution. If those members would indicate
12 to the desk, either now or later in the morning,
13 that would be sufficient.
14 I'll ask the Secretary to read
15 the next privileged resolution title.
16 THE SECRETARY: By Senator Smith,
17 Legislative Resolution commending Luis R.
18 Sepulveda upon the occasion of his designation
19 for special honor at Caucus Weekend, February 16
20 through 19, 1996.
21 ACTING PRESIDENT KUHL: The
22 question is on the resolution. All those in
23 favor signify by saying aye.
1354
1 (Response of "Aye".)
2 Opposed, nay.
3 (There was no response.)
4 The resolution is adopted.
5 The Secretary will read the title
6 to the next privileged resolution.
7 THE SECRETARY: By Senator Smith,
8 Legislative Resolution honoring Jermaine Joseph
9 Garden, Sr. upon the occasion of his designation
10 for special commendation at Caucus Weekend,
11 February 16 through 19, 1996.
12 ACTING PRESIDENT KUHL: The
13 question is on the resolution. All those in
14 favor signify by saying aye.
15 (Response of "Aye".)
16 Opposed, nay.
17 (There was no response.)
18 The resolution is adopted.
19 Ask the Secretary to read the
20 next and last privileged resolution at the desk.
21 THE SECRETARY: By Senator Smith,
22 Legislative Resolution paying tribute to Toye
23 and Kenyatte Williams upon the occasion of their
1355
1 designation for special honor at Caucus Weekend,
2 February 16 through 19, 1996.
3 ACTING PRESIDENT KUHL: The
4 question is on the resolution. All those in
5 favor signify by saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 The resolution is adopted.
10 The Chair recognizes Senator
11 Bruno.
12 SENATOR BRUNO: Mr. President,
13 can we at this time take up the non
14 controversial calendar.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the non-controversial
17 calendar.
18 THE SECRETARY: On page number 6,
19 Calendar Number 105, by Senator Saland, Senate
20 Print 5616, an act in relation to providing
21 additional state aid to the Copake-Taconic Hills
22 Central School District.
23 ACTING PRESIDENT KUHL: There's a
1356
1 local fiscal impact note at the desk. The
2 Secretary will read the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect April 1st.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 39.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 180, by Senator Skelos, Senate Print 413, an act
13 to amend the Public Health Law and the
14 Correction Law, in relation to requiring certain
15 applicants for employment.
16 SENATOR PATERSON: Lay it aside.
17 ACTING PRESIDENT KUHL: Lay the
18 bill aside.
19 THE SECRETARY: Calendar Number
20 190, by Member of the Assembly Lafayette,
21 Assembly Print 412, an act to amend the Vehicle
22 and Traffic Law, in relation to signs to be
23 utilized.
1357
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect on the 30th day.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 39.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 206, by Senator Nozzolio, Senate Print 3947, an
13 act to amend the Criminal Procedure Law, in
14 relation to the extension of crime victims
15 rights at parole hearings.
16 ACTING PRESIDENT KUHL: The
17 Secretary will read the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 120th day.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 39.
1358
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 208, by Senator Marcellino, Senate Print 5211,
5 an act to amend the Criminal Procedure Law, in
6 relation to anonymous juries and to repeal
7 Subdivision 1(a) of Section 270.15.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect on the 30th day.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 39.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 209, by Senator Padavan, Senate Print 5264, an
20 act to amend the Penal Law, in relation to
21 possession of gambling devices.
22 ACTING PRESIDENT KUHL: The
23 Secretary will read the last section.
1359
1 THE SECRETARY: Section 4. This
2 act shall take effect on the first day of
3 November.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 39.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 211, by Senator Rath, Senate Print 5727, an act
12 to amend the Penal Law, in relation to repeat
13 offender status for petit larceny offenses.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the last section.
16 THE SECRETARY: Section 3. This
17 act shall take effect on the first day of
18 November.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 39.
23 ACTING PRESIDENT KUHL: The bill
1360
1 is passed.
2 THE SECRETARY: Calendar Number
3 213, by Senator Leibell, Senate Print 3343, an
4 act to amend the Real Property Tax Law, in
5 relation to the exemption of certain private
6 dwellings.
7 ACTING PRESIDENT KUHL: The
8 Secretary 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 39.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 217, by Senator Present, Senate Print 2311, an
19 act to amend the Economic Development Law, in
20 relation to directing a rural agribusiness study
21 of the potential for attracting new agribusiness
22 in the rural areas of the state.
23 ACTING PRESIDENT KUHL: The
1361
1 Secretary will read the last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 43.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 221, by Senator Saland, Senate Print 4509, an
12 act to amend the Not-for-Profit Corporation Law,
13 in relation to eliminating limitations on
14 certain corporations.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 43.
23 ACTING PRESIDENT KUHL: The bill
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1 is passed.
2 THE SECRETARY: Calendar Number
3 222, by Senator Marchi, Senate Print 5429, an
4 act to amend the New York State Urban
5 Development Corporation act, in relation to the
6 name of the New York State Urban Development
7 Corporation.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 5. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 43.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 223, by Senator Marchi, Senate Print 5430, an
20 act to amend the Public Authorities Law, in
21 relation to the indemnification of the members
22 of the boards of directors.
23 ACTING PRESIDENT KUHL: The
1363
1 Secretary will read the last section.
2 THE SECRETARY: Section 3. This
3 act shall take effect immediately.
4 ACTING PRESIDENT KUHL: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 43.
8 ACTING PRESIDENT KUHL: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 224, by Senator Present, Senate Print 5814, an
12 act to amend the Public Authorities Law, in
13 relation to removing the village of Alfred from
14 the Alfred-Almond-Hornellsville Sewer Authority.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 43.
23 ACTING PRESIDENT KUHL: The bill
1364
1 is passed.
2 Senator Bruno, that completes the
3 non-controversial calendar. What's your
4 pleasure, sir?
5 SENATOR BRUNO: Can we at this
6 time, Mr. President, take up the controversial
7 calendar.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the controversial calendar.
10 THE SECRETARY: Calendar Number
11 180, by Senator Skelos, Senate Print 413, an act
12 to amend the Public Health Law and the
13 Correction Law, in relation to requiring certain
14 applicants for employment.
15 SENATOR SKELOS: Lay the bill
16 aside.
17 ACTING PRESIDENT KUHL: Lay the
18 bill aside.
19 Senator Saland, why do you rise?
20 SENATOR SALAND: Would it be
21 appropriate, Mr. President, to engage in
22 housekeeping at this point?
23 ACTING PRESIDENT KUHL: Certainly
1365
1 would at this moment. There's a motion that you
2 have?
3 SENATOR SALAND: I would like to
4 remove a sponsor's star from Calendar 137,
5 Senate 3501, and place a star on Calendar 253,
6 Senate 2110.
7 ACTING PRESIDENT KUHL: Okay.
8 We'll return to motions and resolutions, and at
9 the request of the sponsor, we'll place a star
10 on Calendar Number 225, was that?
11 SENATOR SALAND: 253.
12 ACTING PRESIDENT KUHL: 253.
13 Calendar Number 253 will be starred at the
14 request of the sponsor and I believe Calendar
15 Number 137, the star will be removed at the
16 request of the sponsor.
17 The Chair recognizes Senator
18 Skelos.
19 SENATOR SKELOS: If we could
20 return to reports of standing committees.
21 ACTING PRESIDENT KUHL: We'll
22 return to reports of standing committees. I'll
23 ask the Secretary to read.
1366
1 THE SECRETARY: Senator Saland,
2 from the Committee on Children and Families,
3 reports the following bill:
4 2457-A, by Senator Saland, an act
5 to amend the Family Court Act, the Executive
6 Law, the Correction Law, the Vehicle and Traffic
7 Law and the Education Law, in relation to
8 enacting the Juvenile Justice Reform and
9 Delinquency Prevention Act of 1996.
10 Senator LaValle, from the
11 Committee on Higher Education reports:
12 Senate Print 539-A, by Senator
13 Rath, an act to amend the Education Law, in
14 relation to student refunds;
15 2136, by Senator LaValle, an act
16 to amend the Education Law, in relation to
17 registration of a pharmacy;
18 2355, by Senator Johnson, an act
19 to amend the Education Law, in relation to
20 requiring that the State University graduation
21 ceremonies include the Pledge of Allegiance and
22 National Anthem;
23 2882, by Senator LaValle, an act
1367
1 to amend the Education Law, in relation to the
2 registration of licensed professionals;
3 3089-A, by Senator Padavan, an
4 act to amend the Education Law, in relation to
5 the exclusion of illegal aliens;
6 3269, by Senator LaValle, an act
7 to amend the Education Law, in relation to the
8 issuance of limited permits in dentistry;
9 4296, by Senator Kuhl, an act to
10 amend the Education Law, in relation to optional
11 retirement programs for employees of the State
12 University of New York.
13 All bills ordered directly for
14 third reading.
15 ACTING PRESIDENT KUHL: Without
16 objection, all bills are directed directly to
17 third reading.
18 The Chair recognizes Senator
19 Wright.
20 SENATOR WRIGHT: Mr. President, I
21 wish to call up my bill, Print Number 3186,
22 recalled from the Assembly which is now at the
23 desk.
1368
1 ACTING PRESIDENT KUHL: The
2 Secretary will read.
3 THE SECRETARY: Calendar Number
4 46, by Senator Wright, Senate Print 3186, an act
5 to amend the Vehicle and Traffic Law, in
6 relation to allowing commercial vehicles to have
7 distinctive plates.
8 ACTING PRESIDENT KUHL: Senator
9 Wright.
10 SENATOR WRIGHT: Mr. President, I
11 now move to reconsider the vote by which this
12 bill was passed.
13 ACTING PRESIDENT KUHL: The
14 Secretary will call the roll on reconsideration.
15 (The Secretary called the roll on
16 reconsideration.)
17 THE SECRETARY: Ayes 43.
18 ACTING PRESIDENT KUHL: Senator
19 Wright.
20 SENATOR WRIGHT: Mr. President, I
21 now offer the following amendments.
22 ACTING PRESIDENT KUHL: The
23 amendments are received and adopted.
1369
1 Senator Velella, we have a series
2 of privileged resolutions at the desk that we
3 could take up at this time, if you so wish.
4 SENATOR VELELLA: We'll proceed
5 in doing that, read the titles.
6 ACTING PRESIDENT KUHL: I'll ask
7 the Secretary -- there are 12 privileged
8 resolutions at the desk. I'll ask the Secretary
9 to read the titles and then we'll adopt them
10 with one vote, if there's no objection.
11 SENATOR VELELLA: No objection.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the titles to the privileged
14 resolutions.
15 THE SECRETARY: By Senator Smith,
16 Legislative Resolution honoring Robert Simmons
17 upon the occasion of his designation for special
18 honor on Caucus Weekend, February 16 through 19,
19 1996.
20 By Senator Smith, Legislative
21 Resolution commending Helen W. Wright upon the
22 occasion of her designation for special honor at
23 Caucus Weekend, February 16 through 19, 1996.
1370
1 By Senator Smith, Legislative
2 Resolution commending John Jay College of
3 Criminal Justice of the City University of New
4 York upon the occasion of its designation for
5 special honor on Caucus Weekend, February 16
6 through 19, 1996.
7 By Senator Smith, Legislative
8 Resolution paying tribute to Eleanor Clarke upon
9 the occasion of her designation for special
10 honor at Caucus Weekend, February 16 through 19,
11 1996.
12 By Senator Smith, Legislative
13 Resolution honoring Michael J. Diamond upon the
14 occasion of his designation for special
15 commendation at Caucus Weekend to be held
16 February 16 through 19, 1996.
17 By Senator Smith, Legislative
18 Resolution honoring Roger Corbin upon the
19 occasion of his designation for special honor on
20 Caucus Weekend, February 16 through 19, 1996.
21 By Senator Smith, Legislative
22 Resolution honoring Gregory Jackson, Sr. upon
23 the occasion of his designation for special
1371
1 honor on Caucus Weekend, February 16 through 19,
2 1996.
3 By Senator Smith, Legislative
4 Resolution honoring Jean M. Smith upon the
5 occasion of her designation for special honor on
6 Caucus Weekend, February 16 through 19, 1996.
7 By Senator Smith, Legislative
8 Resolution honoring Reverend Preston R.
9 Washington, Sr. upon the occasion of his
10 designation for special commendation at Caucus
11 Weekend, February 16 through 19, 1996.
12 By Senator Smith, Legislative
13 Resolution honoring Joseph E. Holley, Sr. upon
14 the occasion of his designation for special
15 commendation at Caucus Weekend, February 16
16 through 19, 1996.
17 By Senator Smith, Legislative
18 Resolution honoring James H. Alston VI upon the
19 occasion of his designation for special
20 commendation at Caucus Weekend, February 16
21 through 19, 1996.
22 By Senator Smith, Legislative
23 Resolution commending Karen L. Clark, President
1372
1 and Chief Executive Officer, Managed Health Care
2 Systems of New York upon the occasion of her
3 designation for special honor upon the occasion
4 of Caucus Weekend, February 16 through 19, 1996.
5 By Senator Smith, Legislative
6 Resolution honoring Norman Seabrook upon the
7 occasion of his designation for special
8 commendation at Caucus Weekend, February 16
9 through 19, 1996.
10 And by Senator Smith, Legislative
11 Resolution honoring Governor Henley upon the
12 occasion of his designation for special honor at
13 Caucus Weekend, February 16 through 19, 1996.
14 By Senator Gold, Legislative
15 Resolution honoring Michael Kakos upon the
16 occasion of his 90th birthday.
17 ACTING PRESIDENT KUHL: The
18 question -- the questions are on the privileged
19 resolutions which the Secretary has read the
20 titles to. All those in favor of the
21 resolutions signify by saying aye.
22 (Response of "Aye".)
23 Opposed, nay.
1373
1 (There was no response.)
2 The resolutions are adopted.
3 SENATOR VELELLA: Is there any
4 housekeeping?
5 ACTING PRESIDENT KUHL: There's
6 no house... there's no housekeeping at the desk,
7 Senator Velella.
8 SENATOR ONORATO: Mr. President.
9 ACTING PRESIDENT KUHL: Senator
10 Onorato, why do you rise?
11 SENATOR ONORATO: I inadvertently
12 forgot to offer up a privileged resolution
13 commemorating Valentine's Day. If view of the
14 fact that I didn't, I would like to take this
15 opportunity to wish everybody in the chamber a
16 very Happy Valentine's Day and don't forget your
17 wives and your boyfriends.
18 ACTING PRESIDENT KUHL: Thank
19 you, Senator Onorato.
20 The Chair recognizes Senator
21 Velella.
22 SENATOR VELELLA: Any other
23 housekeeping?
1374
1 Mr. President, there being no
2 further business, I move we adjourn -
3 SENATOR GOLD: Mr. President.
4 ACTING PRESIDENT KUHL: Senator
5 Gold, why do you rise?
6 ACTING PRESIDENT KUHL: Just an
7 inquiry of the Chair. Does the record of today
8 indicate that Senator Velella is a gentleman?
9 It ought to.
10 ACTING PRESIDENT KUHL: Senator
11 Velella.
12 SENATOR VELELLA: Senator, I just
13 would respond to that by saying there is such a
14 thing as judicial notice.
15 ACTING PRESIDENT KUHL: The Chair
16 recognizes Senator Velella.
17 SENATOR VELELLA: I would just
18 like to note that -- for the record that while
19 Senator Onorato wished everyone a Happy
20 Valentine's Day, I would assume he's the one
21 that delivered the flowers to Senator DiCarlo
22 (laughter).
23 Mr. President, there being no
1375
1 further business, I move we adjourn until
2 Monday, February 26th at 3:00 p.m. sharp,
3 intervening days to be legislative days.
4 ACTING PRESIDENT KUHL: Without
5 objection, the Senate stands adjourned until
6 Monday, February 26th at 3:00 p.m.
7 (Whereupon, at 11:28 a.m., the
8 Senate adjourned.)
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