Regular Session - June 30, 1996
8979
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9 ALBANY, NEW YORK
10 June 30, 1996
11 7:05 p.m.
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14 REGULAR SESSION
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18 SENATOR NICHOLAS A. SPANO, Acting President
19 STEPHEN F. SLOAN, Secretary
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8980
1 P R O C E E D I N G S
2 ACTING PRESIDENT SPANO: Senate
3 will come to order. All please rise for the
4 Pledge of Allegiance to the Flag.
5 (The Assemblage repeated the
6 Pledge of Allegiance to the Flag.)
7 In the absence of clergy, can we
8 please bow our heads for a moment of silence.
9 Reading of the Journal.
10 THE SECRETARY: In Senate,
11 Saturday, June 29th. The Senate met -
12 ACTING PRESIDENT SPANO: Senator
13 Bruno.
14 SENATOR BRUNO: Mr. President,
15 can we call for an immediate meeting of the
16 Finance Committee in Room 332.
17 ACTING PRESIDENT SPANO:
18 Immediate Finance Committee meeting in Room
19 332.
20 Reading of the Journal.
21 THE SECRETARY: In Senate,
22 Saturday, June 29th. The Senate met pursuant to
23 adjournment. The Journal of Friday, June 28th,
8981
1 was read and approved. On motion, Senate
2 adjourned.
3 ACTING PRESIDENT SPANO: Hearing
4 no objection, the Journal stands approved as
5 read.
6 Presentation of petitions.
7 Messages from the Assembly.
8 Messages from the Governor.
9 Reports of standing committees.
10 Reports from select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Seward.
15 SENATOR SEWARD: Mr. President,
16 on behalf of Senator LaValle, I wish to call up
17 his bill, Print Number 3292-B, recalled from the
18 Assembly which is now at the desk.
19 ACTING PRESIDENT SPANO:
20 Secretary will read.
21 THE SECRETARY: By Senator
22 LaValle, Senate Print 3292-B, an act to amend
23 the Education Law.
8982
1 ACTING PRESIDENT SPANO: Senator
2 Seward.
3 SENATOR SEWARD: Mr. President, I
4 now move to reconsider the vote by which this
5 bill was passed.
6 ACTING PRESIDENT SPANO: Call the
7 roll on reconsideration.
8 (The Secretary called the roll on
9 reconsideration.)
10 ACTING PRESIDENT SPANO: Senator
11 Seward.
12 SENATOR SEWARD: Mr. President, I
13 now move the following amendments.
14 And on behalf of Senator
15 Nozzolio, I wish to call up his bill, Print
16 Number 6114, recalled from the Assembly which is
17 now at the desk.
18 ACTING PRESIDENT SPANO:
19 Secretary will read.
20 THE SECRETARY: By Senator
21 Nozzolio, Senate Print 6114, an act to amend the
22 Public Authorities Law.
23 SENATOR SEWARD: Mr. President, I
8983
1 now move to reconsider the vote by which this
2 bill was passed.
3 ACTING PRESIDENT SPANO: Call the
4 roll on reconsideration.
5 (The Secretary called the roll on
6 reconsideration. )
7 THE SECRETARY: Ayes 33.
8 SENATOR SEWARD: Mr. President, I
9 now offer the following amendments.
10 ACTING PRESIDENT SPANO:
11 Amendments received and adopted.
12 Senator Farley.
13 SENATOR FARLEY: Mr. President, I
14 wish to call up, on behalf of Senator Marchi,
15 Print Number 6406, which was recalled from the
16 Assembly which is now at the desk.
17 ACTING PRESIDENT SPANO:
18 Secretary will read.
19 THE SECRETARY: By Senator
20 Marchi, Senate Print 6406, an act to amend the
21 Navigation Law.
22 SENATOR FARLEY: I now move to
23 reconsider the vote by which this bill was
8984
1 passed.
2 ACTING PRESIDENT SPANO: Call the
3 roll on reconsideration.
4 (The Secretary called the roll on
5 reconsideration. )
6 THE SECRETARY: Ayes 35.
7 SENATOR FARLEY: I now move to
8 recommit the bill to Rules.
9 ACTING PRESIDENT SPANO: The bill
10 is recommitted.
11 SENATOR FARLEY: On behalf of
12 Senator Kuhl, I wish to call up his bill, Print
13 Number 2404-A, recalled from the Assembly now at
14 the desk.
15 ACTING PRESIDENT SPANO:
16 Secretary will read.
17 THE SECRETARY: By Senator Kuhl,
18 Senate Print 2404-A, an act to amend the Public
19 Officers Law.
20 SENATOR FARLEY: I move to
21 reconsider the vote by which this bill passed.
22 ACTING PRESIDENT SPANO: Call the
23 roll on reconsideration.
8985
1 (The Secretary called the roll on
2 reconsideration.)
3 ACTING PRESIDENT SPANO: Senator
4 Farley.
5 SENATOR FARLEY: I now offer the
6 following amendments, and that's it.
7 ACTING PRESIDENT SPANO: The
8 amendments are received.
9 Senator Farley.
10 SENATOR FARLEY: On behalf of
11 Senator Stafford, I wish to call up his bill,
12 Print Number 6590, recalled from the Assembly
13 which is now at the desk.
14 THE SECRETARY: By Senator
15 Stafford, Print Number 6590, an act to amend the
16 Tax Law.
17 SENATOR FARLEY: I now move to
18 reconsider the vote by which this bill was
19 passed.
20 ACTING PRESIDENT SPANO: Call the
21 roll on reconsideration.
22 (The Secretary called the roll on
23 reconsideration.)
8986
1 SENATOR FARLEY: I now offer the
2 following amendments.
3 ACTING PRESIDENT SPANO: The
4 amendments are received.
5 Senator Libous.
6 SENATOR LIBOUS: Mr. President,
7 on behalf of Senator Johnson, I wish to call up
8 his bill, Print Number 6304-A, recalled from the
9 Assembly which is now at the desk.
10 ACTING PRESIDENT SPANO:
11 Secretary will read.
12 THE SECRETARY: By Senator
13 Johnson, Senate Print 6304-A, an act to amend
14 the Public Health Law.
15 SENATOR LIBOUS: Mr. President, I
16 now move to reconsider the vote by which this
17 bill was passed.
18 ACTING PRESIDENT SPANO: Call the
19 roll on reconsideration.
20 (The Secretary called the roll on
21 reconsideration.)
22 THE SECRETARY: Ayes 41.
23 SENATOR LIBOUS: Mr. President, I
8987
1 offer up the following amendments.
2 ACTING PRESIDENT SPANO:
3 Amendments are received.
4 Senator Skelos.
5 SENATOR SKELOS: Is there any
6 other housekeeping at the desk?
7 ACTING PRESIDENT SPANO: Yes,
8 there is, Senator Skelos. We're trying to track
9 it down.
10 Senator Marcellino.
11 SENATOR MARCELLINO: Having just
12 tracked it down, Mr. President, I wish to call
13 up Senator Larkin's bill, Print Number 7503,
14 recalled from the Assembly which is now at the
15 desk.
16 ACTING PRESIDENT SPANO:
17 Secretary will read.
18 THE SECRETARY: By Senator
19 Larkin, Senate Print Number 7503, an act to
20 amend the Highway Law.
21 SENATOR MARCELLINO: Mr.
22 President, I now move to reconsider the vote by
23 which this bill was passed.
8988
1 ACTING PRESIDENT SPANO: Call the
2 roll on reconsideration.
3 (The Secretary called the roll on
4 reconsideration.)
5 THE SECRETARY: Ayes 43.
6 SENATOR MARCELLINO: Mr.
7 President, I now offer the following
8 amendments.
9 ACTING PRESIDENT SPANO:
10 Amendments are received.
11 SENATOR MARCELLINO: Mr.
12 President, this bill will be recommitted to
13 Third Reading Calendar.
14 ACTING PRESIDENT SPANO: Bill
15 will be recommitted to the calendar.
16 Senator Marcellino.
17 SENATOR MARCELLINO: I wish to
18 call up my bill, Print Number 3642, recalled
19 from the Assembly which is now at the desk.
20 ACTING PRESIDENT SPANO: Secretary
21 will read.
22 THE SECRETARY: By Senator
23 Marcellino, Senate Print 3642, an act to amend
8989
1 the Environmental Conservation Law.
2 SENATOR MARCELLINO: Mr.
3 President, I now wish to reconsider the vote by
4 which this bill, worthy though it is, has
5 passed.
6 ACTING PRESIDENT SPANO: Call the
7 roll on reconsideration.
8 (The Secretary called the roll on
9 reconsideration. )
10 THE SECRETARY: Ayes 44.
11 ACTING PRESIDENT SPANO: Bill is
12 before the house.
13 SENATOR MARCELLINO: Mr.
14 President, I now offer the following
15 amendments.
16 ACTING PRESIDENT SPANO:
17 Amendments are received and adopted.
18 SENATOR MARCELLINO: And with the
19 wish that the bill will be put on the Third
20 Reading Calendar.
21 ACTING PRESIDENT SPANO: So
22 moved.
23 Senator Skelos.
8990
1 SENATOR SKELOS: Mr. President,
2 is there any other housekeeping at the desk?
3 ACTING PRESIDENT SPANO: Senator
4 Skelos, there's no more housekeeping
5 apparently.
6 SENATOR SKELOS: Mr. President,
7 there will be an immediate meeting of the Rules
8 Committee in the Majority Conference Room and if
9 we could return to reports of standing commit
10 tees, I believe there's a report of the Finance
11 Committee at the desk. I ask that it be read.
12 ACTING PRESIDENT SPANO:
13 Immediate meeting of the Rules Committee in the
14 Majority Conference Room.
15 Secretary will read the copy of
16 the report of the Finance Committee.
17 THE SECRETARY: Senator Stafford,
18 from the Committee on Finance, offers up
19 directly for third reading, from the Committee
20 on Rules, Senate Print 7902, an act making
21 appropriation for the support of government.
22 ACTING PRESIDENT SPANO: Without
23 objection, bill is reported directly to third
8991
1 reading.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 is there a -- may we please take up Calendar
5 Number 1681, Senate 7902, which was just
6 reported.
7 ACTING PRESIDENT SPANO:
8 Secretary will read.
9 THE SECRETARY: Calendar Number
10 1681, by the Committee on Rules, Senate Print
11 Number 7902, an act making appropriation for the
12 support of government.
13 SENATOR SKELOS: Mr. President,
14 are there messages of appropriation and
15 necessity at the desk?
16 ACTING PRESIDENT SPANO: Yes,
17 there are, Senator Skelos.
18 ACTING PRESIDENT SPANO: All in
19 favor of accepting the message of necessity and
20 appropriation signify by saying aye.
21 (Response of "Aye.")
22 Opposed nay.
23 (There was no response. )
8992
1 The messages are accepted. Read
2 the last section.
3 THE SECRETARY: Section 34. This
4 act shall take effect immediately.
5 ACTING PRESIDENT SPANO: Call the
6 roll.
7 (The Secretary called the roll. )
8 THE SECRETARY: Ayes 47.
9 ACTING PRESIDENT SPANO: The bill
10 is passed.
11 SENATOR SKELOS: Stand at ease
12 for a moment.
13 ACTING PRESIDENT SPANO: The
14 Senate will stand at ease.
15 (The Senate stood at ease briefly
16 at 7:14 p.m.)
17 ACTING PRESIDENT SPANO: Senator
18 Skelos.
19 SENATOR SKELOS: If we could
20 return to reports of standing committees, I
21 believe there's a report of the Rules Committee
22 at the desk. I ask that it be read.
23 ACTING PRESIDENT SPANO:
8993
1 Secretary will read.
2 THE SECRETARY: Senator Bruno,
3 from the Committee on Rules, offers up the
4 following bill directly for third reading:
5 7817, by the Committee on Rules,
6 an act to amend the Administrative Code of the
7 city of New York.
8 SENATOR SKELOS: Move we accept
9 the report of the Rules Committee.
10 ACTING PRESIDENT SPANO: All in
11 favor of accepting the Rules Committee report,
12 signify by saying aye.
13 (Response of "Aye.")
14 Opposed nay.
15 (There was no response.)
16 It's accepted.
17 Senator Skelos.
18 SENATOR SKELOS: If we could take
19 the bill up at this time, Mr. President.
20 ACTING PRESIDENT SPANO: Read the
21 last section. I'm sorry. Secretary will read.
22 THE SECRETARY: Calendar Number
23 1682, by the Committee on Rules, Senate Print
8994
1 7817, an act to amend the Administrative Code of
2 the city of New York.
3 ACTING PRESIDENT SPANO: Home
4 rule message is at the desk. Read the last
5 section.
6 THE SECRETARY: This act shall
7 take effect immediately.
8 ACTING PRESIDENT SPANO: Call the
9 roll.
10 (The Secretary called the roll. )
11 THE SECRETARY: Ayes 51.
12 ACTING PRESIDENT SPANO: The bill
13 is passed.
14 SENATOR SKELOS: Mr. President,
15 is there any other housekeeping at the desk?
16 ACTING PRESIDENT SPANO: Yes.
17 Senator Farley.
18 SENATOR FARLEY: Thank you, Mr.
19 President.
20 On behalf of Senator Maziarz, I
21 wish to call up his bill, Senate Print 7277-A,
22 which was recalled from the Assembly which is
23 now at the desk.
8995
1 ACTING PRESIDENT SPANO:
2 Secretary will read.
3 THE SECRETARY: By Senator
4 Maziarz, Senate Print 7277-A, an act to amend
5 the State Administrative Procedure Act.
6 SENATOR FARLEY: I now move to
7 reconsider the vote by which this bill was
8 passed.
9 ACTING PRESIDENT SPANO: Call the
10 roll on reconsideration.
11 (The Secretary called the roll on
12 reconsideration. )
13 THE SECRETARY: Ayes 52.
14 SENATOR FARLEY: I now offer the
15 following amendments.
16 ACTING PRESIDENT SPANO:
17 Amendments are received and adopted.
18 Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 within a couple of minutes, the Senate will
21 stand at ease, and what is suggested by the
22 leader is that the members could call the
23 operator, which is 455-2800 at 9:00 p.m., to
8996
1 find out whether there will be any other
2 business taken up by the Senate at that time.
3 So if the members would call the switchboard
4 operator at 9:00 p.m., 455-2800, we'll know
5 whether there will be additional business taken
6 up this evening.
7 The Senate is going to stand at
8 ease. If there is no business taken up this
9 evening, there will be a Majority Conference at
10 4:30 tomorrow and session will be at 5:00 p.m.
11 The Senate will stand at ease.
12 ACTING PRESIDENT SPANO: Senate
13 will stand at ease.
14 (The Senate stood at ease from
15 7:30 p.m. until 11:50 p.m.)
16 ACTING PRESIDENT KUHL: The
17 Senate will come to order.
18 Chair recognizes Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 there will be an immediate meeting of the Rules
21 Committee in the Majority Conference Room and
22 the Senate will stand at ease.
23 ACTING PRESIDENT KUHL: Immediate
8997
1 meeting of the Rules Committee in the Majority
2 Conference Room. Immediate meeting of the Rules
3 Committee in the Majority Conference Room, Room
4 332, and the Senate stands at ease.
5 (The Senate stood at ease from
6 11:51 p.m. until 11:56 p.m.)
7 ACTING PRESIDENT KUHL: Senate
8 will come to order.
9 The Chair recognizes Senator
10 Skelos.
11 SENATOR SKELOS: Mr. President,
12 if we can return to reports of standing
13 committees. I believe there's a report of the
14 Rules Committee at the desk. I ask that it be
15 read.
16 ACTING PRESIDENT KUHL: There is
17 a report of the Rules Committee at the desk.
18 We'll return to the order of reports of standing
19 committees. I'll ask the Secretary to read.
20 THE SECRETARY: Senator Bruno,
21 from the Committee on Rules, offers up the
22 following bill directly for third reading:
23 Senate print 7905, from the
8998
1 Committee on Rules, an act to amend Chapter 905
2 of the Laws of 1986, amending the General
3 Municipal Law.
4 ACTING PRESIDENT KUHL: Senator
5 Skelos.
6 SENATOR SKELOS: Move to accept.
7 ACTING PRESIDENT KUHL: Motion is
8 to accept the report of the Rules Committee.
9 All those in favor signify by saying aye.
10 (Response of "Aye.")
11 Opposed nay.
12 (There was no response. )
13 The report is accepted.
14 For the benefit of the members,
15 the bills are being handed out on your desks as
16 we speak.
17 Senator Skelos.
18 SENATOR SKELOS: Mr. President,
19 if we could take up Senate 7905.
20 ACTING PRESIDENT KUHL: Ask the
21 Secretary to read the title.
22 THE SECRETARY: Calendar Number
23 1683, Senate Print 7905, by the Committee on
8999
1 Rules, an act to amend Chapter 905 of the Laws
2 of 1986.
3 ACTING PRESIDENT KUHL: Senator
4 Skelos.
5 SENATOR SKELOS: Is there a
6 message of necessity at the desk?
7 ACTING PRESIDENT KUHL: There is
8 a message of necessity at the desk, Senator
9 Skelos.
10 SENATOR SKELOS: Move to accept.
11 ACTING PRESIDENT KUHL: Motion is
12 to accept the message of necessity at the desk.
13 All those in favor signify by saying aye.
14 (Response of "Aye.")
15 Opposed nay.
16 (There was no response. )
17 The message is accepted.
18 Secretary will read the last
19 section.
20 THE SECRETARY: Section 1. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
9000
1 (The Secretary called the roll. )
2 ACTING PRESIDENT KUHL: Senator
3 Padavan.
4 SENATOR PADAVAN: Mr. President,
5 I'd like to explain my vote.
6 ACTING PRESIDENT KUHL: Excuse
7 me, Senator Padavan. Read the last section.
8 SENATOR PADAVAN: I thought you
9 had.
10 THE SECRETARY: This act shall
11 take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll. )
15 ACTING PRESIDENT KUHL: Senator
16 Padavan, to explain his vote.
17 SENATOR PADAVAN: Mr. President,
18 obviously we must adopt this measure tonight.
19 There are too many critical things involved in
20 it. However, I do feel obliged to point out one
21 area of the bill with which I disagree and that
22 is the portion of the bill that relates to
23 simulcasting, particularly the simulcasting of
9001
1 racing into people's homes and allowing of
2 wagering from their homes. I think it's a
3 mistake. It's poor policy for the state to be
4 involved to that extent in this form of gambling
5 in a law.
6 I'll be voting for the bill. I
7 wish the record to clearly indicate my
8 opposition to that portion of it.
9 I vote aye.
10 ACTING PRESIDENT KUHL: Secretary
11 will announce the results.
12 SENATOR GOODMAN: Mr. President.
13 ACTING PRESIDENT KUHL: Senator
14 Goodman to explain his vote.
15 SENATOR GOODMAN: Mr. President,
16 I'd like to point out that within this bill
17 there is an extremely important renewal of the
18 loft law which, as you know, has been a matter
19 of considerable concern to me and others in this
20 house.
21 I'd like to remind the house that
22 loft tenants are, by and large, members of the
23 artistic community in New York City, which the
9002
1 Port Authority has authoritatively indicated is
2 a more than $9 billion economic stimulus to the
3 greater New York area, and I'd also like to
4 point out, Mr. President, that with respect to
5 lofts, it may not be generally understood but
6 loft owners moved into an area of New York City,
7 generally the downtown area known as Soho and
8 its environs, in which we have had a situation
9 where manufacturing concerns have moved out of
10 the City and artists have come in, have taken
11 over spaces, have with the sweat of their brows
12 done great things in the restoration of
13 buildings that were otherwise on the verge of
14 abandonment and, as a result of this, they have
15 given great contributions to the City and its
16 ambience.
17 Mr. President, it is exceedingly
18 urgent that we maintain this loft law in effect
19 for the protection of these good people and the
20 fact that we've extended it and breathed new
21 life into it is highly significant. I'd like to
22 remind the house that should this law expire, it
23 would create a chaotic situation for some 10,000
9003
1 tenants who live in loft buildings around the
2 southern part of Manhattan and other related
3 areas and, therefore, it's needless to say a
4 very salutary development that we have shown the
5 concern for this and have extended it for four
6 days during which I trust we'll arrange for a
7 permanent and lasting extension of this law.
8 Thank you, Mr. President.
9 ACTING PRESIDENT KUHL: Announce
10 the results.
11 THE SECRETARY: Ayes 53.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 (Applause from the gallery.)
15 ACTING PRESIDENT KUHL: Senator
16 Skelos.
17 SENATOR SKELOS: Mr. President,
18 is there any housekeeping at the desk?
19 ACTING PRESIDENT KUHL: Nothing,
20 Senator Skelos.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 just again a reminder, there will be a Majority
9004
1 Conference at 4:30 in the Majority Conference
2 Room, and there being no further business I move
3 we adjourn until July 1st, 1996 at 5:00 p.m.,
4 sharp.
5 ACTING PRESIDENT KUHL: Without
6 objection, hearing no objection, the Senate
7 stands adjourned until tomorrow, July 1st, 1996
8 at 5:00 p.m.
9 (Whereupon, at 12:03 a.m., July
10 1st, 1996 the Senate adjourned. )
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