Regular Session - July 10, 1996

                                                                 
9308

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         9                       ALBANY, NEW YORK

        10                       July 10, 1996

        11                         11:50 p.m.

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        14                       REGULAR SESSION

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        18       SENATOR ROBERT A. DiCARLO, Acting President

        19       STEPHEN F. SLOAN, Secretary

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9309

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

         2                      ACTING PRESIDENT DiCARLO:  The

         3       Senate will come to order.  Will everyone please

         4       rise for the Pledge of Allegiance.

         5                      (The assemblage repeated the

         6       Pledge of Allegiance to the Flag.)

         7                      In the absence of clergy, will

         8       everyone please bow their heads in a moment of

         9       silence.

        10                      (A moment of silence was

        11       observed. )

        12                      Reading of the Journal.

        13                      THE SECRETARY:  In Senate,

        14       Tuesday, July 9th.  The Senate met pursuant to

        15       adjournment, Senator Hoblock in the Chair.  The

        16       Journal of Monday, July 8th, was read and

        17       approved.  On motion, Senate adjourned.

        18                      ACTING PRESIDENT DiCARLO:

        19       Hearing no objection, the Journal stands

        20       approved as read.

        21                      Senator Bruno.

        22                      SENATOR BRUNO:  Mr. President,

        23       can we ask for an immediate meeting of the Rules











                                                             
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         1       Committee in Room 332.

         2                      ACTING PRESIDENT DiCARLO:  There

         3       will be an immediate meeting of the Rules

         4       Committee in Room 332.

         5                      On the order of business:

         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                      Communication and reports from

        12       state officers.

        13                      Motions and resolutions.

        14                      Senator Libous.

        15                      SENATOR LIBOUS:  Thank you, Mr.

        16       President.

        17                      On behalf of Senator DeFrancisco,

        18       I wish to call up his bill Print Number 7571

        19       recalled from the Assembly which is now at the

        20       desk.

        21                      ACTING PRESIDENT DiCARLO:

        22       Secretary will read.

        23                      THE SECRETARY:  By Senator











                                                             
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         1       DeFrancisco, Senate Bill 7571, an act

         2       authorizing the extension of the Geddes Fire

         3       Protection District.

         4                      SENATOR LIBOUS:  Mr. President, I

         5       now move to reconsider the vote by which this

         6       bill was passed.

         7                      ACTING PRESIDENT DiCARLO:  Call

         8       the roll on reconsideration.

         9                      (The Secretary called the roll on

        10       reconsideration. )

        11                      THE SECRETARY:  Ayes 41.

        12                      SENATOR LIBOUS: Mr. President, I

        13       now offer up the following amendments.

        14                      ACTING PRESIDENT DiCARLO:

        15       Amendments are received and adopted.

        16                      SENATOR LIBOUS: Mr. President, on

        17       behalf of Senator Alesi, I wish to call up his

        18       bill 6852, recalled from the Assembly which is

        19       now at the desk.

        20                      ACTING PRESIDENT DiCARLO:  So

        21       ordered.  Secretary will read.

        22                      THE SECRETARY:  By Senator Alesi,

        23       Senate Print 6852, an act to amend the Social











                                                             
9312

         1       Services Law.

         2                      SENATOR LIBOUS:  Mr. President, I

         3       now move to reconsider the vote by which this

         4       bill was passed.

         5                      ACTING PRESIDENT DiCARLO:  Call

         6       the roll on reconsideration.

         7                      (The Secretary called the roll on

         8       reconsideration. )

         9                      THE SECRETARY:  Ayes 41.

        10                      ACTING PRESIDENT DiCARLO:

        11       Amendments received and adopted.

        12                      SENATOR LIBOUS:  Mr. President,

        13       on behalf of Senator Stafford, I wish to call up

        14       his bill, Senate Print 7749, recalled from the

        15       Assembly which is now at the desk.

        16                      THE SECRETARY:  By Senator

        17       Stafford, Senate Print 7749, an act approving

        18       the exchange of certain lands.

        19                      SENATOR LIBOUS:  Mr. President, I

        20       now move to reconsider the vote by which this

        21       bill was passed.

        22                      ACTING PRESIDENT DiCARLO:  Call

        23       the roll.











                                                             
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         1                      (The Secretary called the roll on

         2       reconsideration. )

         3                      THE SECRETARY:  Ayes 41.

         4                      SENATOR LIBOUS:  Mr. President, I

         5       now offer up the following amendments.

         6                      ACTING PRESIDENT DiCARLO:

         7       Amendments are received and adopted.

         8                      SENATOR LIBOUS:  Mr. President,

         9       on behalf of Senator Johnson, I wish to call up

        10       his bill 1728, recalled from the Assembly which

        11       is now at the desk.

        12                      ACTING PRESIDENT DiCARLO:

        13       Secretary will read.

        14                      THE SECRETARY:  By Senator

        15       Johnson, Senate Print 1728, an act to amend the

        16       Penal Law.

        17                      SENATOR LIBOUS:  Mr. President, I

        18       now move to reconsider the vote by which this

        19       bill was passed.

        20                      ACTING PRESIDENT DiCARLO:  Call

        21       the roll.

        22                      (The Secretary called the roll on

        23       reconsideration.)











                                                             
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         1                      THE SECRETARY:  Ayes 41.

         2                      SENATOR LIBOUS:  Mr. President, I

         3       now offer up the following amendments.

         4                      ACTING PRESIDENT DiCARLO:

         5       Amendments received and adopted.

         6                      The Senate will stand at ease.

         7                      Senator Bruno.

         8                      SENATOR BRUNO:  Mr. President, we

         9       can stand at ease awaiting the Rules Committee's

        10       report.

        11                      ACTING PRESIDENT DiCARLO:  The

        12       Senate will stand at ease.

        13                      (The Senate stood at ease

        14       briefly.)

        15                      ACTING PRESIDENT LIBOUS:  Senator

        16       Bruno.

        17                      SENATOR BRUNO:  Mr. President,

        18       can we return to reports of standing

        19       committees.  I believe there's a report there

        20       from the Rules Committee.  We might ask it be

        21       read at this time.

        22                      ACTING PRESIDENT LIBOUS:

        23       Secretary will read the report of the Rules











                                                             
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         1       Committee.

         2                      THE SECRETARY:  Senator Bruno,

         3       from the Committee on Rules, offers up the

         4       following bill directly for third reading:

         5                      By the Committee on Rules, Senate

         6       Print 7924, an act to amend Chapter 905 of the

         7       Laws of 1986.

         8                      SENATOR BRUNO:  Move to accept.

         9                      ACTING PRESIDENT LIBOUS:  All in

        10       favor of accepting the Rules report signify by

        11       saying aye.

        12                      (Response of "Aye.")

        13                      Nay, opposed.

        14                      (There was no response. )

        15                      The report is accepted.

        16                      Senator Bruno.

        17                      SENATOR BRUNO:  Is there a

        18       message at the desk, Mr. President?

        19                      ACTING PRESIDENT LIBOUS:

        20       Secretary will read Calendar Number 1710.

        21                      THE SECRETARY:  Calendar Number

        22       1710, Senator Bruno moves to discharge from the

        23       Committee on Rules Assembly Bill Number 11298-A











                                                             
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         1       and substitute it for the identical Senate Bill

         2       7924.

         3                      ACTING PRESIDENT LIBOUS:

         4       Substitution ordered.

         5                      Secretary will read.

         6                      THE SECRETARY:  Calendar Number

         7       1710, by the Assembly Committee on Rules,

         8       Assembly Print Number 11298-A, an act to amend

         9       Chapter 905 of the Laws of 1986.

        10                      Senator Bruno.

        11                      SENATOR BRUNO:  Is there a

        12       message at the desk, Mr. President?

        13                      ACTING PRESIDENT LIBOUS:  Yes,

        14       there is.

        15                      SENATOR BRUNO:  Move we accept

        16       the message.

        17                      ACTING PRESIDENT LIBOUS:  All in

        18       favor of accepting the message of necessity say

        19       aye.

        20                      (Response of "Aye.")

        21                      Opposed nay.

        22                      (There was no response.)

        23                      The message is accepted.  Read











                                                             
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         1       the last section.

         2                      THE SECRETARY:  Section 6.  This

         3       act shall take effect immediately.

         4                      ACTING PRESIDENT LIBOUS:  Call

         5       the roll.

         6                      (The Secretary called the roll. )

         7                      THE SECRETARY:  Ayes 41.

         8                      ACTING PRESIDENT LIBOUS:  The

         9       bill is passed.

        10                      Senator Bruno.  Senator Bruno.

        11                      SENATOR BRUNO:  Mr. President, I

        12       would like to inform our members that we will

        13       have a conference of the Majority in Room 332

        14       tomorrow at 10:00 a.m. and there being no

        15       further business to come before the Senate, I

        16       would move that we stand adjourned subject to

        17       Senator Paterson, who is on his feet making a

        18       comment and an observation that I think we want

        19       to hear, Mr. President, before we conclude.

        20                      ACTING PRESIDENT LIBOUS:  Senator

        21       Paterson, your comment and observation.

        22                      SENATOR PATERSON:  Well,

        23       actually, Mr. President, I just wanted to make











                                                             
9318

         1       any record of my remarks because my family does

         2       not believe that I'm here. They think I'm

         3       at a -

         4                      ACTING PRESIDENT LIBOUS:  Senator

         5       Gold, why do you rise?

         6                      SENATOR GOLD:  Thank you for

         7       mentioning my name too.

         8                      ACTING PRESIDENT LIBOUS:  Senator

         9       Paterson, you have the floor, sir.

        10                      SENATOR PATERSON:  Mr. President,

        11       there will be a meeting of the Minority in the

        12       Minority Conference Room tomorrow morning at

        13       10:00 a.m.

        14                      ACTING PRESIDENT LIBOUS:  There

        15       will be, tomorrow morning at 10:00 a.m., a

        16       meeting of the Senate Majority in the Majority

        17       Conference Room and tomorrow at 10:00 a.m.,

        18       there will be a meeting of the Senate Minority

        19       in the Minority Conference Room.

        20                      Senator Bruno.

        21                      SENATOR BRUNO:  And now, Mr.

        22       President, there being no further business to

        23       come before the Senate on this morning, we will











                                                             
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         1       stand adjourned at the call of the Majority

         2       Leader.

         3                      ACTING PRESIDENT LIBOUS:  The

         4       Senate stands adjourned at the call of the

         5       Majority Leader.

         6                      (Whereupon at 12:08 a.m., July

         7       11, 1996, the Senate adjourned. )

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