Regular Session - April 1, 1996

                                                                 
2997

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         8                  ALBANY, NEW YORK

         9                    April 1, 1996

        10                     3:23 p.m.

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        13                  REGULAR SESSION

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        17       LT. GOVERNOR BETSY McCAUGHEY ROSS, President

        18       STEPHEN F. SLOAN, Secretary

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2998

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

         2                      THE PRESIDENT:  The Senate will

         3       come to order.  Will everyone please rise and

         4       join me in the Pledge of Allegiance.

         5                      (Whereupon, the Senate and those

         6       present joined in the Pledge of Allegiance to

         7       the Flag.)

         8                      May we bow our heads in a moment

         9       of silence.

        10                      (Whereupon, there was a moment of

        11       silence.)

        12                      The reading of the Journal.

        13                      THE SECRETARY:  In Senate,

        14       Sunday, March 31st.  The Senate met pursuant to

        15       adjournment.  Senator Hoblock in the chair upon

        16       designation of the Temporary President.  The

        17       Journal of Saturday, March 30th, was read and

        18       approved.  On motion, Senate adjourned.

        19                      THE PRESIDENT:  Without

        20       objection, the Journal stands approved as read.

        21                      Presentation of petitions.

        22                      Messages from the Assembly.

        23                      Messages from the Governor.











                                                             
2999

         1                      Reports of standing committees.

         2                      Reports of select committees.

         3                      Communications and reports from

         4       state officers.

         5                      Motions and resolutions.

         6                      Senator Kuhl.

         7                      SENATOR KUHL:  Yes, Madam

         8       President.  On behalf of Senator Stafford, on

         9       page 28, I offer the following amendments to

        10       Calendar Number 593, Senate Print 5920, and ask

        11       that said bill retain its place on the Third

        12       Reading Calendar.

        13                      THE PRESIDENT:  Amendments

        14       received.

        15                      SENATOR KUHL:  Also, Madam

        16       President, on behalf of Senator Larkin, I move

        17       that the following bill be discharged from its

        18       respective committee and be recommitted with

        19       instructions to strike the enacting clause:

        20       Senate Print 3316A.

        21                      THE PRESIDENT:  Enacting clause

        22       struck.

        23                      SENATOR KUHL:  Thank you.











                                                             
3000

         1                      THE PRESIDENT:  Senator Skelos.

         2                      SENATOR SKELOS:  Madam

         3       President.  There will be an immediate meeting

         4       of the Environmental Conservation Committee in

         5       Room 332.

         6                      THE PRESIDENT:  There is an

         7       immediate meeting of the Environmental

         8       Conservation Committee in Room 332.

         9                      SENATOR SKELOS:  At this time,

        10       Madam President, may we please have the

        11       noncontroversial reading of the calendar.

        12                      THE PRESIDENT:  The Secretary

        13       will read.

        14                      THE SECRETARY:  Calendar Number

        15       1, by Senator Velella, Senate Print 5742A, an

        16       act to amend the Insurance Law and the Public

        17       Health Law, in relation to establishing

        18       mandatory minimum maternity care and coverage.

        19                      THE PRESIDENT:  Read the last

        20       section, please.

        21                      THE SECRETARY:  Section 8.  This

        22       act shall take effect January 1, 1997.

        23                      THE PRESIDENT:  Call the roll.











                                                             
3001

         1                      (The Secretary called the roll.)

         2                      THE SECRETARY:  Ayes 53.

         3                      THE PRESIDENT:  The bill is

         4       passed.

         5                      THE SECRETARY:  Calendar Number

         6       12, by Senator Hannon, Senate Print 5239A, an

         7       act to amend the Public Health Law, in relation

         8       to health appeals and access.

         9                      THE PRESIDENT:  Read the last

        10       section, please.

        11                      THE SECRETARY:  Section 2.  This

        12       act shall take effect on the 180th day.

        13                      THE PRESIDENT:  Call the roll,

        14       please.

        15                      (The Secretary called the roll.)

        16                      THE SECRETARY:  Ayes 55.

        17                      THE PRESIDENT:  The bill is

        18       passed.

        19                      THE SECRETARY:  Calendar Number

        20       275, by Senator DiCarlo, Senate Print 6149A, an

        21       act to amend the Real Property Tax Law, in

        22       relation to the exemption from real property

        23       taxation for tenant stockholders.











                                                             
3002

         1                      THE PRESIDENT:  Read the last

         2       section, please.

         3                      THE SECRETARY:  Section 3.  This

         4       act shall take effect immediately.

         5                      THE PRESIDENT:  Call the roll.

         6                      (The Secretary called the roll.)

         7                      THE SECRETARY:  Ayes 55.

         8                      THE PRESIDENT:  The bill is

         9       passed.

        10                      THE SECRETARY:  Calendar Number

        11       372, by Senator Seward, Senate Print 6142, an

        12       act to amend the Public Service Law, in relation

        13       to the elimination of the mandate for the Public

        14       Service Commission.

        15                      THE PRESIDENT:  Read the last

        16       section, please.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      THE PRESIDENT:  Call the roll.

        20                      (The Secretary called the roll.)

        21                      THE SECRETARY:  Ayes 56.

        22                      THE PRESIDENT:  The bill is

        23       passed.











                                                             
3003

         1                      THE SECRETARY:  Calendar Number

         2       500, by the Assembly Committee on Rules,

         3       Assembly Print 8383.

         4                      SENATOR SKELOS:  Lay it aside for

         5       the day.

         6                      THE PRESIDENT:  Lay it aside,

         7       please.

         8                      THE SECRETARY:  Calendar Number

         9       502, by Senator Goodman, Senate Print 1619C, an

        10       act to amend the Vehicle and Traffic Law, in

        11       relation to mandatory suspensions.

        12                      THE PRESIDENT:  Read the last

        13       section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect 30 days.

        16                      THE PRESIDENT:  Call the roll.

        17                      (The Secretary called the roll.)

        18                      THE SECRETARY:  Ayes 56.

        19                      THE PRESIDENT:  The bill is

        20       passed.

        21                      THE SECRETARY:  Calendar Number

        22       505, by Senator Holland, Senate Print 6171A, an

        23       act to amend the Vehicle and Traffic Law, in











                                                             
3004

         1       relation to providing for a distinctive Animal

         2       Population Control Fund license plate.

         3                      THE PRESIDENT:  Read the last

         4       section, please.

         5                      THE SECRETARY:  Section 2.  This

         6       act shall take effect October 1.

         7                      THE PRESIDENT:  Call the roll.

         8                      (The Secretary called the roll.)

         9                      THE SECRETARY:  Ayes 56.

        10                      THE PRESIDENT:  The bill is

        11       passed.

        12                      THE SECRETARY:  Calendar Number

        13       509, by Senator Bruno, Senate Print 6311, an act

        14       to amend the Highway Law, in relation to

        15       designating a portion of the state highway

        16       system as the Turning Point Trail.

        17                      THE PRESIDENT:  Read the last

        18       section, please.

        19                      THE SECRETARY:  Section 3.  This

        20       act shall take effect immediately.

        21                      THE PRESIDENT:  Call the roll.

        22                      (The Secretary called the roll.)

        23                      THE SECRETARY:  Ayes 56.











                                                             
3005

         1                      THE PRESIDENT:  The bill is

         2       passed.

         3                      THE SECRETARY:  Calendar Number

         4       524, by Senator Leibell, Senate Print 2677, an

         5       act authorizing -

         6                      SENATOR SKELOS:  Lay it aside for

         7       the day at the request of the sponsor.

         8                      THE PRESIDENT:  Lay it aside,

         9       please.

        10                      THE SECRETARY:  Calendar Number

        11       573, by Senator LaValle, Senate Print 6065, an

        12       act to amend Chapter 246 of the Laws of 1916,

        13       relating to the extermination of mosquitos and

        14       the establishment of districts therefor.

        15                      THE PRESIDENT:  There is a home

        16       rule message at the desk.

        17                      Read the last section, please.

        18                      THE SECRETARY:  Section 2.  This

        19       act shall take effect immediately.

        20                      THE PRESIDENT:  Call the roll.

        21                      (The Secretary called the roll.)

        22                      THE SECRETARY:  Ayes 56.

        23                      THE PRESIDENT:  The bill is











                                                             
3006

         1       passed.

         2                      Senator Skelos, that completes

         3       the calendar.

         4                      SENATOR SKELOS:  Is there any

         5       housekeeping at the desk?  Could the Senate

         6       stand at ease.

         7                      THE PRESIDENT:  Senator Larkin.

         8                      SENATOR LARKIN:  Madam President,

         9       I would like to place a sponsor's star on Senate

        10       Bill 3067A, Calendar Number 525.

        11                      THE PRESIDENT:  Starred at the

        12       request of the sponsor.

        13                      (Whereupon, at 3:30 p.m., the

        14       Senate was at ease until 3:48 p.m..)

        15                      SENATOR SKELOS:  Madam President.

        16                      THE PRESIDENT:  Senator Skelos.

        17                      SENATOR SKELOS:  Madam

        18       President.  May we please return to reports of

        19       standing committees.  I believe there is a

        20       report from the Environmental Conservation

        21       Committee at the desk.

        22                      THE PRESIDENT:  Reports of

        23       standing committees.











                                                             
3007

         1                      The Secretary will read.

         2                      THE SECRETARY:  Senator

         3       Marcellino, from the Committee on Environmental

         4       Conservation, reports the following bill

         5       directly to third reading:

         6                      Senate Print 6686, by Senator

         7       Marcellino, an act to amend the Environmental

         8       Conservation Law, in relation to authorizing

         9       cities within the County Nassau to qualify as a

        10       planning unit.

        11                      THE PRESIDENT:  Without

        12       objection, bill direct to third reading.

        13                      SENATOR SKELOS:  Madam President,

        14       at this time if we could -

        15                      Can you recognize Senator Tully

        16       first.

        17                      THE PRESIDENT:  Senator Tully.

        18                      SENATOR TULLY:  Yes, Madam

        19       President.  May we return to motions and

        20       resolutions, please.

        21                      THE PRESIDENT:  Motions and

        22       resolutions.

        23                      SENATOR TULLY:  Madam President,











                                                             
3008

         1       on behalf of Senator LaValle, on page 26, I

         2       offer the following amendments to Calendar

         3       Number 574, Senate Print Number 6178, and ask

         4       that said bill retain its place on the Third

         5       Reading Calendar.

         6                      THE PRESIDENT:  Amendments

         7       received.

         8                      Senator Skelos.

         9                      SENATOR SKELOS:  Madam President,

        10       at this time, can we take up Calendar Number

        11       591, by Senator Nozzolio.

        12                      THE PRESIDENT:  The Secretary

        13       will read.

        14                      THE SECRETARY:  Calendar Number

        15       591, by Senator Nozzolio, Senate Print 6596A, an

        16       act to amend Chapter 55 of the Laws of 1992

        17       amending the Tax Law.

        18                      THE PRESIDENT:  Read the last

        19       section, please.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      THE PRESIDENT:  Call the roll.

        23                      (The Secretary called the roll.)











                                                             
3009

         1                      THE SECRETARY:  Ayes 56.

         2                      THE PRESIDENT:  The bill is

         3       passed.

         4                      Senator Skelos.

         5                      SENATOR SKELOS:  Madam President,

         6       is there any other housekeeping at the desk?

         7                      THE PRESIDENT:  No, there's

         8       none.

         9                      SENATOR SKELOS:  The Senate will

        10       stand at ease subject to the call of the

        11       Majority Leader, and we would ask that the

        12       members stay in touch with their offices about

        13       when the Senate will reconvene this evening.

        14                      THE PRESIDENT:  The Senate will

        15       stand at ease.

        16                      (Whereupon, at 3:52 p.m., the

        17       Senate was at ease.)

        18                      (Whereupon, at 8:30 p.m., the

        19       Senate reconvened.)

        20                      ACTING PRESIDENT LACK:  Senate

        21       will come to order.

        22                      The Secretary will read.

        23                      THE SECRETARY:  Senator Volker











                                                             
3010

         1       moves to discharge from the Committee on Codes

         2       Assembly Bill Number 5707C and substitute it for

         3       the identical Third Reading Calendar 212.

         4                      ACTING PRESIDENT LACK:

         5       Substitution ordered.

         6                      SENATOR STACHOWSKI:  Being no

         7       further business, I move we adjourn until

         8       tomorrow at 11:00 a.m.

         9                      Republican conference at 10:00.

        10                      ACTING PRESIDENT LACK:

        11       Republican conference at 10:00, for all those

        12       in -

        13                      On motion of Senator Stachowski

        14       to adjourn, all those in favor, aye.

        15                      (Response of "Aye.")

        16                      Contrary, nay.

        17                      (There was no response.)

        18                      Senate stands adjourned until

        19       11:00 o'clock tomorrow morning.  Republican

        20       Majority Conference Room, 332, tomorrow morning

        21       at 10:00 o'clock.

        22                      Senate stands adjourned.

        23                      (Whereupon, at 8:32 p.m., the











                                                             
3011

         1       Senate adjourned.)

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