Regular Session - May 13, 1996

                                                                 
4914

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         8                  ALBANY, NEW YORK

         9                    May 13, 1996

        10                     3:00 p.m.

        11

        12

        13                  REGULAR SESSION

        14

        15

        16

        17       LT. GOVERNOR BETSY McCAUGHEY ROSS, President

        18       STEPHEN F. SLOAN, Secretary

        19

        20

        21

        22

        23











                                                             
4915

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

         2                      THE PRESIDENT:  The Senate will

         3       come to order.

         4                      Would everyone please rise and

         5       join me in the Pledge of Allegiance.

         6                      (Whereupon, the Senate and those

         7       present joined in the Pledge of Allegiance to

         8       the Flag.)

         9                      May we bow our heads in a moment

        10       of silence.

        11                      (Whereupon, there was a moment of

        12       silence.)

        13                      The reading of the Journal,

        14       please.

        15                      THE SECRETARY:  In Senate,

        16       Sunday, May 12.  The Senate met pursuant to

        17       adjournment, Senator Hoblock in the Chair upon

        18       designation of the Temporary President.  The

        19       Journal of Saturday, May 11, was read and

        20       approved.  On motion, Senate adjourned.

        21                      THE PRESIDENT:  Hearing no

        22       objection, the Journal stands approved as read.

        23                      Presentation of petitions.











                                                             
4916

         1                      Messages from the Assembly.

         2                      Messages from the Governor.

         3                      Reports of standing committees.

         4                      Reports of select committees.

         5                      Communications and reports from

         6       state officers.

         7                      Motions and resolutions.

         8                      Senator Skelos.

         9                      Oop, sorry.  Senator Cook.

        10                      SENATOR COOK:  Madam President.

        11       Please place a sponsor's star on Calendar 133.

        12                      THE PRESIDENT:  The bill is

        13       starred.

        14                      SENATOR COOK:  And also, on

        15       behalf of Senator DeFrancisco, I would like to

        16       amend 3 bills:

        17                      On page 73, offer the following

        18       amendments to Calendar 857, Senate Print 6436.

        19                      On page 70, offer the following

        20       amendments to Calendar 835, Senate Print 6788.

        21                      On page 59, offer the following

        22       amendments to Calendar 730, Senate Print 6772.

        23                      Ask that all three bills retain











                                                             
4917

         1       their place on the Third Reading Calendar.

         2                      THE PRESIDENT:  Amendments

         3       received.

         4                      ACTING PRESIDENT KUHL:  Senator

         5       Spano.

         6                      SENATOR SPANO:  Mr. President.

         7       On behalf of Senator Libous, place a sponsor's

         8       star on Calendar 714.

         9                      ACTING PRESIDENT KUHL:  At the

        10       request of the sponsor, Calendar Number 714 is

        11       starred.

        12                      Senator Spano.

        13                      SENATOR SPANO:  Mr. President.

        14       On page 84, I offer the following amendments to

        15       Calendar 943, Senate Print 7366, ask that the

        16       bill retain its place on Third Reading

        17       Calendar.  That's on behalf of Senator Rath.

        18                      ACTING PRESIDENT KUHL:

        19       Amendments to Calendar Number 943 are received

        20       and adopted.  The bill will retain its place on

        21       the Third Reading Calendar.

        22                      We have some substitutions at the

        23       desk, Senator Skelos.  Ask the substitutions be











                                                             
4918

         1       read.

         2                      THE SECRETARY:  On page 45,

         3       Senator Seward moves to discharge from the

         4       Committee on Finance Assembly Bill Number 1865C

         5       and substitute it for the identical Third

         6       Reading Calendar 425.

         7                      On page 4, Senator Spano moves to

         8       discharge from the Committee on Corporations

         9       Assembly Bill Number 9098 and substitute it for

        10       the identical First Report Calendar 1182.

        11                      On page 8, Senator Maltese moves

        12       to discharge from the Committee on Elections

        13       Assembly Bill Number 4695 and substitute it for

        14       the identical First Report Calendar 1204.

        15                      And, on page 8, Senator Maltese

        16       moves to discharge from the Committee on

        17       Elections Assembly Bill Number 4499A and

        18       substitute it for the identical First Report

        19       Calendar 1207.

        20                      ACTING PRESIDENT KUHL:

        21       Substitutions are ordered.

        22                      Senator Marchi.

        23                      SENATOR MARCHI:  Mr. President.











                                                             
4919

         1       There will be an immediate meeting of the Senate

         2       Committee on Finance in Room 332.

         3                      ACTING PRESIDENT KUHL:  There

         4       will be an immediate meeting of the Senate

         5       Finance Committee in the Majority Conference

         6       Room, 332.  Immediate meeting of the Senate

         7       Finance Committee in Room 332, the Majority

         8       Conference Room.

         9                      Senator Skelos.

        10                      SENATOR SKELOS:  Mr. President.

        11       At this time, if we could take up the

        12       noncontroversial calendar.

        13                      ACTING PRESIDENT KUHL:  Secretary

        14       will read the noncontroversial calendar.

        15                      THE SECRETARY:  On page 39,

        16       Calendar Number 245, by Senator Saland, Senate

        17       Print 4031, an act to amend the Executive Law,

        18       in relation to youth who are absent without

        19       leave.

        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 120th day.











                                                             
4920

         1                      ACTING PRESIDENT KUHL:  Call the

         2       roll.

         3                      (The Secretary called the roll.)

         4                      THE SECRETARY:  Ayes 48.

         5                      ACTING PRESIDENT KUHL:  The bill

         6       is passed.

         7                      THE SECRETARY:  Calendar Number

         8       246, by Senator Rath, Senate Print 4886, an act

         9       to amend the Family Court Act, in relation to

        10       the age of runaway children.

        11                      ACTING PRESIDENT KUHL:  The

        12       Secretary will read the last section.

        13                      THE SECRETARY:  Section 4.  This

        14       act shall take effect on the first day of

        15       November.

        16                      ACTING PRESIDENT KUHL:  Call the

        17       roll.

        18                      (The Secretary called the roll.)

        19                      THE SECRETARY:  Ayes 48.

        20                      ACTING PRESIDENT KUHL:  The bill

        21       is passed.

        22                      THE SECRETARY:  Calendar Number

        23       344, by Senator Velella, Senate Print 6125A, an











                                                             
4921

         1       act to amend the Insurance Law, in relation to

         2       continuing authorization for certain prepaid

         3       legal services plans.

         4                      ACTING PRESIDENT KUHL:  The

         5       Secretary will read the last section.

         6                      THE SECRETARY:  Section 2.  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 48.

        12                      ACTING PRESIDENT KUHL:  The bill

        13       is passed.

        14                      THE SECRETARY:  Calendar Number

        15       531, by Senator Leibell, Senate Print 6124A, an

        16       act to amend the General Municipal Law, in

        17       relation to powers of municipalities.

        18                      ACTING PRESIDENT KUHL:  The

        19       Secretary will read the last section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      ACTING PRESIDENT KUHL:  Call the

        23       roll.











                                                             
4922

         1                      (The Secretary called the roll.)

         2                      THE SECRETARY:  Ayes 49.

         3                      ACTING PRESIDENT KUHL:  The bill

         4       is passed.

         5                      THE SECRETARY:  Calendar Number

         6       544, by Senator Cook, Senate Print 6268A, an act

         7       to amend the General City Law, Town Law, Village

         8       Law and the General Municipal Law, in relation

         9       to the apportionment of alternative members.

        10                      ACTING PRESIDENT KUHL:  The

        11       Secretary will read the last section.

        12                      THE SECRETARY:  Section 8.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT KUHL:  Call the

        15       roll.

        16                      (The Secretary called the roll.)

        17                      THE SECRETARY:  Ayes 50.

        18                      ACTING PRESIDENT KUHL:  The bill

        19       is passed.

        20                      THE SECRETARY:  Calendar Number

        21       561, by Senator Goodman, Senate Print 1609, an

        22       act to amend the Vehicle and Traffic Law, in

        23       relation to requiring motor vehicle repair











                                                             
4923

         1       shops.

         2                      ACTING PRESIDENT KUHL:  The

         3       Secretary will read the last section.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect on the first day of

         6       January.

         7                      ACTING PRESIDENT KUHL:  Call the

         8       roll.

         9                      (The Secretary called the roll.)

        10                      THE SECRETARY:  Ayes 50.

        11                      ACTING PRESIDENT KUHL:  The bill

        12       is passed.

        13                      THE SECRETARY:  Calendar Number

        14       594, by Senator Sears, Senate Print 5973B, an

        15       act to amend the Environmental Conservation Law,

        16       in relation to the recycling of used oil

        17       filters.

        18                      ACTING PRESIDENT KUHL:  The

        19       Secretary will read the last section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect on the 60th day.

        22                      ACTING PRESIDENT KUHL:  Call the

        23       roll.











                                                             
4924

         1                      (The Secretary called the roll.)

         2                      THE SECRETARY:  Ayes 51.

         3                      ACTING PRESIDENT KUHL:  The bill

         4       is passed.

         5                      THE SECRETARY:  Calendar Number

         6       597, by Senator Sears, Senate Print 5917B, an

         7       act to amend the Public Authorities Law and the

         8       Executive Law, in relation to the creation of

         9       the Upper Mohawk Valley Memorial Auditorium

        10       Authority.

        11                      ACTING PRESIDENT KUHL:  There is

        12       a home rule message at the desk.

        13                      The Secretary will read the last

        14       section.

        15                      THE SECRETARY:  Section 3.  This

        16       act shall take effect immediately.

        17                      ACTING PRESIDENT KUHL:  Call the

        18       roll.

        19                      (The Secretary called the roll.)

        20                      THE SECRETARY:  Ayes 51.

        21                      ACTING PRESIDENT KUHL:  The bill

        22       is passed.

        23                      THE SECRETARY:  Calendar Number











                                                             
4925

         1       651, by Senator Holland, Senate Print 5789A, an

         2       act to amend the -

         3                      ACTING PRESIDENT KUHL:  Lay the

         4       bill aside.

         5                      THE SECRETARY:  Calendar Number

         6       686, by Senator Maziarz, Senate Print 6893, an

         7       act to amend the Highway Law, in relation to

         8       designating a portion of the state -

         9                      SENATOR SKELOS:  Lay it aside.

        10                      ACTING PRESIDENT KUHL:  Lay the

        11       bill aside.

        12                      THE SECRETARY:  Calendar number

        13       698, by Senator Volker, Senate Print 6521, an

        14       act to amend the Criminal Procedure Law, in

        15       relation to defective verdicts.

        16                      ACTING PRESIDENT KUHL:  The

        17       Secretary will read the last section.

        18                      THE SECRETARY:  Section 2.  This

        19       act shall take effect immediately.

        20                      ACTING PRESIDENT KUHL:  Call the

        21       roll.

        22                      (The Secretary called the roll.)

        23                      THE SECRETARY:  Ayes 51.











                                                             
4926

         1                      ACTING PRESIDENT KUHL:  The bill

         2       is passed.

         3                      THE SECRETARY:  Calendar Number

         4       723, by Senator Trunzo, Senate Print 3208A, an

         5       act to amend the Retirement and Social Security

         6       Law, in relation to including certain employees

         7       of the county of Suffolk.

         8                      ACTING PRESIDENT KUHL:  The

         9       Secretary will read the last section.

        10                      THE SECRETARY:  Section 7.  This

        11       act shall take effect on the first day of

        12       September.

        13                      ACTING PRESIDENT KUHL:  Call the

        14       roll.

        15                      (The Secretary called the roll.)

        16                      THE SECRETARY:  Ayes 51.

        17                      ACTING PRESIDENT KUHL:  The bill

        18       is passed.

        19                      THE SECRETARY:  Calendar Number

        20       738, by Senator Cook, Senate Print 6270, an act

        21       to amend the General City Law, the Town Law, and

        22       the Village Law, in relation to the use of

        23       mediation.











                                                             
4927

         1                      ACTING PRESIDENT KUHL:  The

         2       Secretary will read the last section.

         3                      THE SECRETARY:  Section 10.  This

         4       act shall take effect on the 180th day.

         5                      ACTING PRESIDENT KUHL:  Call the

         6       roll.

         7                      (The Secretary called the roll.)

         8                      THE SECRETARY:  Ayes 51.

         9                      ACTING PRESIDENT KUHL:  The bill

        10       is passed.

        11                      THE SECRETARY:  Calendar Number

        12       749, by Senator DiCarlo, Senate Print 6107, an

        13       act to amend the Executive Law, in relation to

        14       display of the flag on National POW/MIA

        15       Recognition Day.

        16                      ACTING PRESIDENT KUHL:  The

        17       Secretary will read the last section.

        18                      THE SECRETARY:  Section 2.  This

        19       act shall take effect immediately.

        20                      ACTING PRESIDENT KUHL:  Call the

        21       roll.

        22                      (The Secretary called the roll.)

        23                      THE SECRETARY:  Ayes 51.











                                                             
4928

         1                      ACTING PRESIDENT KUHL:  The bill

         2       is passed.

         3                      THE SECRETARY:  Calendar Number

         4       759, by Senator Volker, Senate Print 1677B, an

         5       act to amend the General Business Law, in

         6       relation to providing priority access to

         7       cellular telephone service.

         8                      ACTING PRESIDENT KUHL:  The

         9       Secretary will read the last section.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect on the first day of

        12       January.

        13                      ACTING PRESIDENT KUHL:  Call the

        14       roll.

        15                      (The Secretary called the roll.)

        16                      THE SECRETARY:  Ayes 51.

        17                      ACTING PRESIDENT KUHL:  The bill

        18       is passed.

        19                      THE SECRETARY:  Calendar Number

        20       774, by Senator Holland, Senate Print 281A, an

        21       act to amend the Tax Law, in relation to

        22       providing for business tax credits.

        23                      ACTING PRESIDENT KUHL:  The











                                                             
4929

         1       Secretary will read the last section.

         2                      THE SECRETARY:  Section 7.  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 52.

         8                      ACTING PRESIDENT KUHL:  The bill

         9       is passed.

        10                      THE SECRETARY:  Calendar Number

        11       778, by Senator Spano, Senate Print 6062, an act

        12       to amend the Alcoholic Beverage Control Law, in

        13       relation to renewal notices.

        14                      ACTING PRESIDENT KUHL:  The

        15       Secretary will read the last section.

        16                      THE SECRETARY:  Section 2.  This

        17       act shall take effect in 60 days.

        18                      ACTING PRESIDENT KUHL:  Call the

        19       roll.

        20                      (The Secretary called the roll.)

        21                      THE SECRETARY:  Ayes 52.

        22                      ACTING PRESIDENT KUHL:  The bill

        23       is passed.











                                                             
4930

         1                      THE SECRETARY:  Calendar Number

         2       932, by Senator Bruno, Senate Print 6751, an act

         3       to amend Chapter 460 of the Laws of 1986,

         4       relating to the creation of the Saratoga Lake

         5       Protection and Improvement District.

         6                      ACTING PRESIDENT KUHL:  The

         7       Secretary will read the last section.

         8                      THE SECRETARY:  Section 4.  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 52.

        14                      ACTING PRESIDENT KUHL:  The bill

        15       is passed.

        16                      THE SECRETARY:  Calendar Number

        17       941, by Senator Maziarz, Senate Print 7329, an

        18       act to incorporate the Rapids Volunteer Fire

        19       fighter's Benevolent Association.

        20                      ACTING PRESIDENT KUHL:  The

        21       Secretary will read the last section.

        22                      THE SECRETARY:  Section 8.  This

        23       act shall take effect immediately.











                                                             
4931

         1                      ACTING PRESIDENT KUHL:  Call the

         2       roll.

         3                      (The Secretary called the roll.)

         4                      THE SECRETARY:  Ayes 52.

         5                      ACTING PRESIDENT KUHL:  The bill

         6       is passed.

         7                      THE SECRETARY:  Calendar Number

         8       944, by Senator Rath, Senate Print 7367, an act

         9       to amend Chapter 118 of the Laws of 1893,

        10       relating to the incorporation of the Firemen's

        11       Benevolent Association of Tonawanda.

        12                      SENATOR RATH:  Place a star on

        13       that bill, please.

        14                      ACTING PRESIDENT KUHL:  Calendar

        15       Number 944 will be starred at the request of the

        16       sponsor.

        17                      THE SECRETARY:  Calendar Number

        18       970, by Senator Larkin, Senate Print 6167, an

        19       act to reopen the special retirement plan

        20       available to police officers.

        21                      ACTING PRESIDENT KUHL:  There is

        22       a home rule message at the desk.

        23                      The Secretary will read the last











                                                             
4932

         1       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 52.

         8                      ACTING PRESIDENT KUHL:  The bill

         9       is passed.

        10                      Senator Skelos.

        11                      SENATOR SKELOS:  Return to

        12       motions and resolutions.

        13                      ACTING PRESIDENT KUHL:  Return to

        14       motions and resolutions.

        15                      Senator Saland.

        16                      SENATOR SALAND:  Mr. President,

        17       I would like to star Calendar 1173, Senate 4060,

        18       and remove the star from Calendar 380, Senate

        19       2784A.

        20                      ACTING PRESIDENT KUHL:  Calendar

        21       Number 1173 will be starred at the request of

        22       the sponsor, and the star is removed from

        23       Calendar Number 380.











                                                             
4933

         1                      SENATOR SALAND:  Thank you.

         2                      ACTING PRESIDENT KUHL:  Senator

         3       Skelos.

         4                      SENATOR SKELOS:  Could we take up

         5       the controversial calendar at this time.

         6                      ACTING PRESIDENT KUHL:  Secretary

         7       will read the controversial calendar.

         8                      THE SECRETARY:  On page 54,

         9       Calendar Number 651, by Senator Holland, Senate

        10       Print 5789A, an act to amend the General

        11       Municipal Law, in relation to indexing the

        12       interest rate on judgments.

        13                      SENATOR PATERSON:  Explanation.

        14                      SENATOR SKELOS:  Could we stand

        15       at ease temporarily, Mr. President.

        16                      ACTING PRESIDENT KUHL:  The

        17       Senate will stand at ease temporarily.

        18                      Senator Skelos, we do have the

        19       report of the Finance Committee at the desk if

        20       you are ready to receive that -- or, Senator

        21       Bruno.

        22                      Senator Bruno.

        23                      SENATOR BRUNO:  Can we return to











                                                             
4934

         1       reports of standing committees.  I believe there

         2       is a report of the Finance Committee at the

         3       desk.

         4                      ACTING PRESIDENT KUHL:  Calendar

         5       Number 651 will be laid aside temporarily.

         6                      We will return to reports of

         7       standing committees.  I'll ask the Secretary to

         8       read.

         9                      THE SECRETARY:  Senator Stafford,

        10       from the Committee on Finance, reports the

        11       following bills:

        12                      Senate Print 7501, by the Senate

        13       Committee on Rules, an act to amend Chapter 729

        14       of the Laws of 1994, relating to affecting the

        15       health insurance benefits and contributions of

        16       retired employees.

        17                      Senate Print 7533, by the Senate

        18       Committee on Rules, an act making appropriations

        19       for the support of government.

        20                      Senate Print 7534, by the Senate

        21       Committee on Rules, an act making appropriations

        22       for the support of government and to amend

        23       Chapter 63 of the Laws of 1996.











                                                             
4935

         1                      All bills ordered directly for

         2       third reading.

         3                      ACTING PRESIDENT KUHL:  Without

         4       objection, all bills are ordered directly to

         5       third reading.

         6                      Senator Bruno.

         7                      SENATOR BRUNO:  Mr. President,

         8       can we at this time take up Calendar Number

         9       1215.

        10                      ACTING PRESIDENT KUHL:  Secretary

        11       will read the title to Calendar Number 1215.

        12                      THE SECRETARY:  Calendar Number

        13       1215, by the Senate Committee on Rules, Senate

        14       Print 7533, an act making appropriations for the

        15       support of government.

        16                      SENATOR BRUNO:  Is there a

        17       message at the desk?

        18                      ACTING PRESIDENT KUHL:  There is

        19       a message of appropriation at the desk.

        20                      The motion is to accept the

        21       message of appropriation.

        22                      All those in favor, signify by

        23       saying aye.











                                                             
4936

         1                      (Response of "Aye.")

         2                      Opposed, nay.

         3                      (There was no response.)

         4                      The message is accepted.

         5                      Secretary will read the last

         6       section.

         7                      THE SECRETARY:  Section 6.  This

         8       act shall take effect April 1.

         9                      ACTING PRESIDENT KUHL:  Call the

        10       roll.

        11                      (The Secretary called the roll.)

        12                      Announce the results when

        13       tabulated.

        14                      THE SECRETARY:  Those recorded in

        15       the negative on Calendar Number 1215 are

        16       Senators DiCarlo, Dollinger, Libous, Nanula,

        17       Nozzolio and Wright.  Ayes 47, nays 6.

        18                      ACTING PRESIDENT KUHL:  The bill

        19       is passed.

        20                      Senator Bruno.

        21                      SENATOR BRUNO:  Mr. President,

        22       can we at this time take up Calendar Number

        23       1216.











                                                             
4937

         1                      ACTING PRESIDENT KUHL:  Secretary

         2       will read the title to Calendar Number 1216.

         3                      THE SECRETARY:  Calendar Number

         4       1216, by the Senate Committee on Rules, Senate

         5       Print 7534, an act making appropriations for the

         6       support of government.

         7                      ACTING PRESIDENT KUHL:  Senator

         8       Bruno.

         9                      SENATOR BRUNO:  Is there a

        10       message of appropriation at the desk?

        11                      ACTING PRESIDENT KUHL:  There

        12       is.  The motion is to accept the message of

        13       appropriation on Calendar Number 1216.

        14                      All those in favor, signify by

        15       saying aye.

        16                      (Response of "Aye.")

        17                      Opposed, nay.

        18                      (There was no response.)

        19                      The message is accepted.

        20                      Secretary will read the last

        21       section.

        22                      THE SECRETARY:  Section 12.  This

        23       act shall take effect April 1.











                                                             
4938

         1                      (The Secretary called the roll.)

         2                      THE SECRETARY:  Ayes 53.

         3                      ACTING PRESIDENT KUHL:  The bill

         4       is passed.

         5                      Senator Bruno.

         6                      Before that, Senator Oppenheimer

         7       why do you read -- or rise?  To read; right?

         8                      Why do you rise, Senator

         9       Oppenheimer?

        10                      SENATOR OPPENHEIMER:  I rose to

        11       request unanimous consent to be recorded in the

        12       negative on Calendar 1215, please.

        13                      ACTING PRESIDENT KUHL:  Without

        14       objection, and hearing no objection, Senator

        15       Oppenheimer will be recorded in the negative on

        16       Calendar Number 1215.

        17                      ACTING PRESIDENT KUHL:  Senator

        18       Alesi.

        19                      SENATOR ALESI:  Thank you, Mr.

        20       President.  I rise to request unanimous consent

        21       to vote in the negative on Calendar 1215.

        22                      ACTING PRESIDENT KUHL:  Without

        23       objection, and hearing no objection, Senator











                                                             
4939

         1       Alesi will be recorded in the negative on

         2       Calendar Number 1215.

         3                      Senator Bruno.

         4                      SENATOR BRUNO:  At this time take

         5       up Calendar Number 1217.

         6                      ACTING PRESIDENT KUHL:  Ask the

         7       Secretary to read the title to Calendar Number

         8       1217.

         9                      THE SECRETARY:  Senator Bruno

        10       moves to discharge from the Committee on Rules

        11       Assembly Bill Number 10553 and substitute it for

        12       the identical Third Reading Calendar 1217.

        13                      Calendar Number 1217, by the

        14       Assembly Committee on Rules, Assembly Print

        15       10553, an act to amend Chapter 729 of the Laws

        16       of 1994.

        17                      ACTING PRESIDENT KUHL:  Secretary

        18       will read the last section.

        19                      THE SECRETARY:  Section 2.  This

        20       act shall take effect immediately.

        21                      (The Secretary called the roll.)

        22                      THE SECRETARY:  Ayes 54.

        23                      ACTING PRESIDENT KUHL:  The bill











                                                             
4940

         1       is passed.

         2                      Senator Padavan, why do you

         3       rise?

         4                      SENATOR PADAVAN:  Mr. President,

         5       I would like to have unanimous consent to be

         6       recorded in the negative on Calendar Number 778.

         7                      ACTING PRESIDENT KUHL:  Without

         8       objection, and hearing no objection, Senator

         9       Padavan will be recorded in the negative on

        10       Calendar Number 778.

        11                      SENATOR SEWARD:  Mr. President.

        12                      ACTING PRESIDENT KUHL:  Senator

        13       Seward.

        14                      SENATOR SEWARD:  Mr. President, I

        15       was out of the chamber at the time when Calendar

        16       Number 597 passed.  I would like to be recorded

        17       in the negative.

        18                      ACTING PRESIDENT KUHL:  Without

        19       objection, hearing no objection, Senator Seward

        20       will be recorded in the negative on Calendar

        21       Number 597.

        22                      Senator Bruno.

        23                      SENATOR BRUNO:  Mr. President,











                                                             
4941

         1       is there anything else at the desk that has to

         2       be done?  We were waiting to see whether Senator

         3       Maziarz was going to get to the chamber.

         4                      ACTING PRESIDENT KUHL:  We do

         5       have some housekeeping.  We have a couple of

         6       substitutions we can read first, and then I

         7       think we have a motion.

         8                      Secretary will read the

         9       substitutions.

        10                      THE SECRETARY:  On page 65,

        11       Senator Tully moves to discharge from the

        12       Committee on Rules Assembly Bill Number 8244A

        13       and substitute it for the identical Third

        14       Reading Calendar 792.

        15                      On page 82, Senator Larkin moves

        16       to discharge from the Committee on Rules

        17       Assembly Bill Number 7846A and substitute it for

        18       the identical Third Reading Calendar 925.

        19                      ACTING PRESIDENT KUHL:

        20       Substitutions are ordered.

        21                      We will return to motions and

        22       resolutions.

        23                      Senator Velella, why do you











                                                             
4942

         1       rise?

         2                      SENATOR VELELLA:  Mr. President,

         3       Calendar 778, Senate Bill 6062, I was out of the

         4       room when that bill was called.  I would like

         5       the record to reflect that had I been here I

         6       would vote in the negative on it, please.

         7                      ACTING PRESIDENT KUHL:  Without

         8       objection, hearing no objection, Senator Velella

         9       will be recorded in the negative on Calendar

        10       Number 778.

        11                      SENATOR VELELLA:  Thank you.

        12                      ACTING PRESIDENT KUHL:  Return to

        13       motions and resolutions.

        14                      Chair recognizes Senator Libous.

        15                      SENATOR LIBOUS:  Thank you, Mr.

        16       President.  I wish to call up Senator Leibell's

        17       bill, Senate Print Number 6124A, which is now at

        18       the desk.

        19                      ACTING PRESIDENT KUHL:  Secretary

        20       will read.

        21                      THE SECRETARY:  Calendar Number

        22       531, by Senator Leibell, Senate Print 6124A, an

        23       act to amend the General Municipal Law.











                                                             
4943

         1                      ACTING PRESIDENT KUHL:  Senator

         2       Libous.

         3                      SENATOR LIBOUS:  Mr. President,

         4       I now move to reconsider the vote by which this

         5       bill was passed and ask that the bill be

         6       restored to the order of third reading.

         7                      ACTING PRESIDENT KUHL:  The

         8       Secretary will call the roll on reconsideration.

         9                      (The Secretary called the roll on

        10       reconsideration.)

        11                      THE SECRETARY:  Ayes 54.

        12                      ACTING PRESIDENT KUHL:  The bill

        13       is recalled, restored to the calendar.

        14                      Senator Libous.

        15                      SENATOR LIBOUS:  Mr. President,

        16       I now move to discharge from the Committee on

        17       Rules Assembly Print Number 9013 and substitute

        18       it for the identical bill.

        19                      ACTING PRESIDENT KUHL:

        20       Substitution is ordered.

        21                      Senator Libous.

        22                      SENATOR LIBOUS:  I now move the

        23       substituted Assembly bill have its third reading











                                                             
4944

         1       at this time.

         2                      ACTING PRESIDENT KUHL:  The

         3       Secretary will read the last section.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect immediately.

         6                      ACTING PRESIDENT KUHL:  Call the

         7       roll.

         8                      (The Secretary called the roll.)

         9                      THE SECRETARY:  Ayes 54.

        10                      ACTING PRESIDENT KUHL:  The bill

        11       is passed.

        12                      Senator Bruno.

        13                      SENATOR BRUNO:  Mr. President,

        14       there being no further business presently to

        15       come before the Senate, I would move that we

        16       stand adjourned until tomorrow at 3:00 p.m.

        17                      ACTING PRESIDENT KUHL:  Without

        18       objection, the Senate stands adjourned until

        19       tomorrow, May 14, at 3:00 p.m. sharp.

        20                      (Whereupon, at 3:25 p.m., the

        21       Senate adjourned.)

        22

        23