Regular Session - April 17, 1996
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8 ALBANY, NEW YORK
9 April 17, 1996
10 11:00 a.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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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 Will 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 Journal, please.
14 THE SECRETARY: In Senate,
15 Tuesday, April 16. The Senate met pursuant to
16 adjournment. Senator Kuhl in the chair upon
17 designation of the Temporary President. The
18 Journal of Monday, April 15, 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.
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1 Messages from the Governor.
2 Reports of standing committees.
3 Reports of select committees.
4 Communications and reports from
5 state officers.
6 Motions and resolutions.
7 Senator Marcellino.
8 SENATOR MARCELLINO: Madam
9 President. On page number 36, I offer the
10 following amendments to Calendar Number 628,
11 Senate Print Number 6460, and ask that said bill
12 retain its place on the Third Reading Calendar.
13 THE PRESIDENT: Amendments
14 received.
15 SENATOR MARCELLINO: Thank you.
16 THE PRESIDENT: Senator Bruno,
17 are you ready for the calendar?
18 SENATOR BRUNO: Madam President.
19 I believe that there is a privileged resolution
20 at the front desk by Senator DeFrancisco. I
21 would ask that the title be read and that we
22 move its adoption.
23 THE PRESIDENT: The Secretary
3528
1 will read.
2 THE SECRETARY: By Senator
3 DeFrancisco, Legislative Resolution, honoring
4 the student members of Corcoran Mediation Team
5 of Corcoran High School for its first place
6 finish in the High School Division of the 49th
7 Senate District's "Good News! Good Kids!"
8 Student Recognition Program.
9 THE PRESIDENT: Senator
10 DeFrancisco.
11 SENATOR DeFRANCISCO: Thank you,
12 Madam President.
13 I rise to congratulate the
14 students from Corcoran High School in the 49th
15 Senate District, my Senate district, for
16 finishing first place in our program that we
17 have for "Good News! Good Kids!" in that
18 district.
19 The Corcoran school students who
20 participated are here with us. They won the
21 High School Division.
22 And, basically, the program is
23 where we honor people who are in school that are
3529
1 doing good things for the community because
2 sometimes all we hear is negative things in the
3 media and other sources.
4 This group was among a group of
5 3,000 students who participated, but the high
6 school of Corcoran Mediation Team actually won
7 first prize in the High School Division. Their
8 program is a mediation program, whereby 41
9 certified mediators that are high school
10 students participate in helping individuals
11 resolve conflicts, and it has many benefits.
12 First of all, it helps the
13 individuals to learn skills to resolve conflicts
14 in the future. It also assists those people
15 having conflicts in resolving them in a very,
16 very constructive manner. In fact, I'm told
17 that the program is so successful -- that the
18 program is so successful that other school
19 districts have asked this team to go down to
20 their districts to explain it and to try to
21 implement it in other areas.
22 So this success is a very
23 noteworthy one, and I'm very pleased to honor
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1 the Corcoran School Mediation Team for their
2 fine work and their first place finish.
3 THE PRESIDENT: Thank you. We're
4 all pleased to welcome them.
5 Senator Marchi.
6 SENATOR MARCHI: Madam
7 President. You may be aware of the fact that
8 this is my 40th year in the Senate, and I have
9 been here earlier as counsel, and I have seen
10 many initiatives and events take place, but I
11 can't really say that going back over all those
12 years -- back in 1953, when even your parents
13 weren't born maybe, but I can't think of a more
14 exciting, more energizing initiative than this
15 particular one.
16 Senator DeFrancisco is certainly
17 to be commended for going to strength. We're
18 too prone to criticize and to point accusing
19 fingers at people and very reticent about doing
20 something that is challenging and good, good for
21 your own communities, for yourselves personally,
22 for the state and for our nation.
23 This is an exciting example that
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1 I believe communities around the country from
2 the Atlantic to the Pacific can observe with
3 profit to themselves and the communities that
4 they come from, and all who have competed
5 whether they are here as exemplars and having
6 made it or everyone that was in the program
7 certainly benefited enormously from what is
8 being done.
9 So remember this. You may come
10 back here as members some day. It's not a
11 question of what your politics are. You are
12 good Americans, and this is what you are
13 exemplifying by your presence here today, and
14 your presence here also tells us that you were
15 involved in your community. You're doing
16 something positive.
17 It is something we can learn, and
18 it helps us. It gives us encouragement to do
19 more. It's a great day, Madam President, I
20 think, that we can all rejoice in.
21 And I must confess, Senator
22 DeFrancisco, anything I say here would be an
23 understatement when describing something of this
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1 nature. I have not seen the likes of it in all
2 the years that I have been here. This is a
3 noble, noble venture, and I do hope it grows and
4 prospers and other people take as an example in
5 generating that kind of feeling in their own
6 communities.
7 THE PRESIDENT: Thank you,
8 Senator Marchi, for those wonderful words.
9 The question is on the
10 resolution.
11 All those in favor, signify by
12 saying aye.
13 (Response of "Aye.")
14 Those opposed, saying nay.
15 (There was no response.)
16 The resolution is passed.
17 Senator Bruno, we have some
18 substitutions here.
19 SENATOR BRUNO: May we make the
20 substitutions.
21 THE PRESIDENT: The Secretary
22 will read.
23 THE SECRETARY: On page 5,
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1 Senator Lack moves to discharge from the
2 Committee on Judiciary Assembly Bill Number 8292
3 and substitute it for the identical first report
4 Calendar 662.
5 On page 5, Senator Lack moves to
6 discharge from the Committee on Judiciary
7 Assembly Bill Number 6647A and substitute it for
8 the identical First Report Calendar 663.
9 On page 6, Senator DiCarlo moves
10 to discharge from the Committee on Judiciary
11 Assembly Bill Number 8641 and substitute it for
12 the identical First Report Calendar 664.
13 And, on page 9, Senator Maltese
14 moves to discharge from the Committee on Codes
15 Assembly Bill Number 1655A and substitute it for
16 the identical First Report Calendar 694.
17 THE PRESIDENT: Substitutions
18 ordered.
19 Senator Bruno, are you now ready
20 for the Calendar?
21 SENATOR BRUNO: Madam President.
22 Can we at this time take up the noncontroversial
23 calendar.
3534
1 THE PRESIDENT: The Secretary
2 will read.
3 THE SECRETARY: On page 23,
4 Calendar 487, by Senator Cook, Senate Print
5 3139, an act to amend the Facilities Development
6 Corporation Act, in relation to definitional
7 provisions.
8 THE PRESIDENT: Read the last
9 section, please.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 THE PRESIDENT: Call the roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 41.
15 THE PRESIDENT: The bill is
16 passed.
17 THE SECRETARY: Calendar Number
18 494, by Senator Kuhl, Senate Print 6182, an act
19 to amend the Agriculture and Markets Law, in
20 relation to voluntary inspection services and
21 commercial feed and food processing licenses.
22 THE PRESIDENT: Read the last
23 section, please.
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1 THE SECRETARY: Section 2. This
2 act shall take effect on the 60th day.
3 THE PRESIDENT: Call the roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 42.
6 THE PRESIDENT: The bill is
7 passed.
8 THE SECRETARY: Calendar Number
9 495, by Member of the Assembly Luster, Assembly
10 Print 9430, an act to amend the Agriculture and
11 Markets Law, in relation to animal diseases
12 affecting humans.
13 THE PRESIDENT: Read the last
14 section, please.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 THE PRESIDENT: Call the roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 42.
20 THE PRESIDENT: The bill is
21 passed.
22 THE SECRETARY: Calendar Number
23 512, by Member of the Assembly Luster, Assembly
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1 Print 9041, an act to amend the Education Law,
2 in relation to terms of office of members of the
3 Rural Education Advisory Committee.
4 THE PRESIDENT: Read the last
5 section, please.
6 THE SECRETARY: Section 3. This
7 act shall take effect immediately.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 42.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar Number
14 516, by Senator Saland, Senate Print 3474, an
15 act to amend the Social Services Law and the
16 Domestic Relations Law, in relation to venue in
17 termination.
18 THE PRESIDENT: Read the last
19 section, please.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 THE PRESIDENT: Call the roll.
23 (The Secretary called the roll.)
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1 THE SECRETARY: Ayes 43.
2 THE PRESIDENT: The bill is
3 passed.
4 THE SECRETARY: Calendar Number
5 522, by Senator Padavan, Senate Print 668, an
6 act to amend the General Municipal Law, in
7 relation to reporting information to the United
8 States Immigration and Naturalization Service.
9 SENATOR PATERSON: Lay it aside.
10 SENATOR PADAVAN: Madam
11 President. Would you lay that bill aside for
12 the day, please.
13 THE PRESIDENT: Yes.
14 SENATOR PADAVAN: Thank you.
15 THE SECRETARY: Calendar Number
16 551, by Senator Kuhl, Senate Print 5308, an act
17 to amend Public Health Law, in relation to
18 continuing the Agricultural Health and Safety
19 Advisory Board.
20 THE PRESIDENT: Read the last
21 section, please.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
3538
1 THE PRESIDENT: Call the roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 43.
4 THE PRESIDENT: The bill is
5 passed.
6 THE SECRETARY: Calendar Number
7 556, by Senator LaValle, Senate Print 5052, an
8 act to amend the Public Officers Law, in
9 relation to including City University Community
10 College.
11 THE PRESIDENT: Read the last
12 section, please.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 THE PRESIDENT: Call the roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 44.
18 THE PRESIDENT: The bill is
19 passed.
20 THE SECRETARY: Calendar Number
21 558, by Senator Holland, Senate Print 32A, an
22 act to amend the Highway Law, in relation to
23 increasing bond indebtedness in the Town of
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1 Ramapo, Rockland County.
2 THE PRESIDENT: There is a home
3 rule message at the desk.
4 Read the last section, please.
5 THE SECRETARY: Section 3. This
6 act shall take effect immediately.
7 THE PRESIDENT: Call the roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 44.
10 THE PRESIDENT: The bill is
11 passed.
12 THE SECRETARY: Calendar Number
13 610, by Senator Holland, Senate Print 474.
14 SENATOR PATERSON: Lay it aside.
15 THE PRESIDENT: Lay it aside,
16 please.
17 SENATOR MALTESE: Madam
18 President. Would you lay that aside for the
19 day, please.
20 THE PRESIDENT: Yes.
21 Senator Bruno, that completes the
22 reading of the noncontroversial calendar.
23 SENATOR BRUNO: Are there any
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1 things at the desk that presently need attention
2 from the very distinguished members in the
3 chamber?
4 THE PRESIDENT: We have one
5 motion, Senator.
6 SENATOR BRUNO: Yes.
7 THE PRESIDENT: Senator
8 Marcellino.
9 SENATOR MARCELLINO: Yes, Madam
10 President. On behalf of Senator Libous, on page
11 number 20, I offer the following amendments to
12 Calendar Number 417, Senate Print Number 4457,
13 and ask that said bill retain its place on the
14 Third Reading Calendar.
15 THE PRESIDENT: Amendments
16 received.
17 SENATOR MARCELLINO: Thank you.
18 THE PRESIDENT: Senator Saland.
19 SENATOR SALAND: Thank you, Madam
20 President. Would you please recall Senate 3502
21 from the Assembly restored to the Third Reading
22 Calendar.
23 THE PRESIDENT: So ordered.
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1 SENATOR SALAND: Thank you.
2 SENATOR BRUNO: Madam President.
3 We're awaiting the arrival of an amendment to
4 Senator Lack's legislation that he has at the
5 desk. So if we can review whatever it is that
6 is appropriate that is before you or if anyone
7 else here has any announcements or anything of
8 interest -
9 I think Senator Paterson has
10 something that all of us may want to hear, Madam
11 President.
12 THE PRESIDENT: Senator Paterson.
13 SENATOR PATERSON: Madam
14 President. I'm sure you and all the members in
15 the chamber will join with me in wishing one of
16 our colleagues a happy birthday that's coming
17 up: Senator Smith, also Senator Kuhl and
18 Senator Libous, and all of the birthdays being
19 intervening.
20 I would just like to point out
21 that the reason I raise this issue was not just
22 about the birthdays. It was that I wanted to
23 keep my consecutive day talking streak alive.
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1 So thank you.
2 THE PRESIDENT: Senator Wright.
3 SENATOR WRIGHT: Madam
4 President. On page 35, I offer the following
5 amendments to Calendar Number 624, Senate Print
6 Number 6656, and ask that said bill retain its
7 place on the Third Reading Calendar.
8 THE PRESIDENT: Amendments
9 received.
10 THE PRESIDENT: Senator Bruno,
11 that completes the housekeeping.
12 SENATOR BRUNO: Madam President.
13 Madam President, this week we
14 have moved very efficiently through the
15 legislative process; and, consequently, we have
16 only been in session a short time today, but our
17 work for today is completed so that we look
18 forward to next week, where we will work very
19 diligently Monday, Tuesday, Wednesday, and we
20 will take up the people's business.
21 In the meantime, there being no
22 further business to come before the Senate, I
23 move that we stand adjourned until Monday at
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1 3:00 p.m., intervening days being legislative
2 days.
3 THE PRESIDENT: Without
4 objection, the Senate stands adjourned until
5 Monday, April 22, at 3:00 p.m., intervening days
6 to be legislative days.
7 (Whereupon, at 11:20 a.m., Senate
8 adjourned.)
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