Regular Session - January 22, 1997
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9 ALBANY, NEW YORK
10 January 22, 1997
11 3:00 p.m.
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14 REGULAR SESSION
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18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President
19 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 Would everyone please rise and
5 join with me in the Pledge of Allegiance.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 May we bow our heads in a moment
9 of silence.
10 (A moment of silence was
11 observed.)
12 The reading of the Journal,
13 please.
14 THE SECRETARY: In Senate,
15 Tuesday, January 21st. The Senate met pursuant
16 to adjournment. The Journal of Sunday, January
17 19th was read and approved. On motion, Senate
18 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.
24 Reports of standing committees.
25 The Secretary will read.
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1 THE SECRETARY: Senator Lack,
2 from the Committee on Judiciary, offers up the
3 following bills:
4 Senate Print 311, by Senator
5 Skelos, an act to amend the General Oblications
6 Law, in relation to exoneration of certain crime
7 victims;
8 351, by Senator Kuhl, an act to
9 amend the General Obligations Law, in relation
10 to the liability for negligence;
11 382, by Senator Stafford, an act
12 to amend the Real Property Law, in relation to
13 authorizing an administrator;
14 762, by the Committee on Rules,
15 concurrent resolution of the Senate and Assem
16 bly, proposing an amendment to Section 9 of
17 Article I of the Constitution.
18 Senator Padavan, from the
19 Committee on Cities, offers up the following
20 bills:
21 Senate Print 355, by Senator
22 Velella, an act to amend the General City Law
23 and the Penal Law;
24 570, by Senator Goodman, an act
25 to amend the Administrative Code of the city of
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1 New York, in relation to the treatment of thrift
2 reserves.
3 Senator LaValle, from the
4 Committee on Higher Education, offers up the
5 following bills:
6 Senate Print 13, by Senator
7 LaValle, an act to amend the Education Law, the
8 State Finance Law, and the Public Authorities
9 Law;
10 Senate Print 35, by Senator
11 LaValle, an act to amend the Education Law and
12 the Public Officers Law;
13 Senate Print 205, by Senator
14 Holland, an act to authorize the Salvation Army
15 Eastern Division School for Officers training;
16 243, by Senator Johnson, an act
17 to amend the Education Law, in relation to
18 requiring that the State University graduation
19 ceremonies include the Pledge of Allegiance;
20 Senate Bill 24, by Senator
21 LaValle, an act to amend the Education Law, in
22 relation to enacting the Higher Education
23 Community Service Act;
24 303, by Senator LaValle, an act
25 to amend the Education Law, in relation to the
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1 Board of Regents of the University of the State
2 of New York.
3 Senator Volker, from the
4 Committee on Codes, offers up the following
5 bills:
6 Senate Print Number 70, by
7 Senator Levy, an act to amend the Penal Law, in
8 relation to the offense of assault;
9 386, by Senator Volker, an act to
10 amend the Civil Rights Law, in relation to
11 access to personnel files;
12 397, by Senator Volker, an act to
13 amend the Penal Law, in relation to issuance of
14 licenses to have and carry pistols;
15 407, by Senator Maziarz, an act
16 to amend the Criminal Procedure Law and the
17 Penal Law, in relation to felony sex offenses;
18 414, by Senator Goodman, an act
19 to amend the Penal Law, in relation to computer
20 networks;
21 424, by Senator Goodman, an act
22 to amend the Penal Law, in relation to
23 consecutive terms of imprisonment;
24 454, by Senator Holland, an act
25 to amend the Penal Law, in relation to license
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1 to carry or possess a pistol within the state;
2 484, by Senator DeFrancisco, an
3 act to amend the Civil Practice Law and Rules,
4 in relation to certain privileged information;
5 Senate Print 485, by Senator
6 DeFrancisco, an act to amend the Penal Law, in
7 relation to the payment of restitution in
8 certain instances;
9 Senate Print 487, by Senator
10 DeFrancisco, an act to amend the Criminal
11 Procedure Law, in relation to access to sealed
12 records;
13 502, by Senator Johnson, an act
14 to amend the Penal Law, in relation to
15 administrative provisions relating to the
16 issuance of firearm licenses;
17 521, by Senator Volker, an act to
18 amend the Civil Practice Law and Rules and the
19 Public Authorities Law, in relation to personal
20 service upon public authorities;
21 Senate Print 522, by Senator
22 Volker, an act to amend the Penal Law, in
23 relation to consecutive terms of imprisonment.
24 Senator Levy, from the Committee
25 on Transportation, offers up the following
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1 bills:
2 Senate Print 126, by Senator
3 Stafford, an act to amend the Highway Law, in
4 relation to prohibiting abandonment of Crane
5 Pond Road;
6 419, by Senator Goodman, an act
7 to amend the Vehicle and Traffic Law, in
8 relation to mandatory suspensions;
9 599, by Senator Levy, an act to
10 amend the Railroad Law, in relation to requiring
11 trains operating in the state;
12 602, by Senator Levy, an act to
13 amend the Vehicle and Traffic Law, in relation
14 to increasing penalties;
15 628, by Senator Goodman, an act
16 to amend the Vehicle and Traffic Law, in
17 relation to allowing parking violation bureaus
18 to increase the fine.
19 All bills are directly for third
20 reading.
21 THE PRESIDENT: All bills direct
22 to third reading.
23 Reports of select committees.
24 Communications and reports from
25 state officers.
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1 Motions and resolutions.
2 SENATOR BRUNO: Madam President,
3 may I ask for an immediate meeting of the Rules
4 Committee in Room 332.
5 THE PRESIDENT: There is an
6 immediate meeting of the Rules Committee in Room
7 332.
8 Senator Bruno.
9 SENATOR BRUNO: Madam President,
10 can we at this time adopt the Resolution
11 Calendar.
12 THE PRESIDENT: All those in favor
13 of adopting the Resolution Calendar, please
14 signify by saying Aye.
15 (Response of "Aye.")
16 Opposed, nay.
17 (There was no response.)
18 The Resolution Calendar is
19 adopted.
20 SENATOR BRUNO: Madam President,
21 can we at this time take up the
22 non-controversial calendar.
23 THE PRESIDENT: The Secretary will
24 read.
25 THE SECRETARY: Calendar Number 14
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1 by Senator Volker, Senate Print 26, an act to
2 amend the Vehicle and Traffic Law, in relation
3 to suspensions for failure to answer.
4 THE PRESIDENT: Read the last
5 section, please.
6 THE SECRETARY: Section 3. This
7 act shall take effect on the 30th day.
8 THE PRESIDENT: Call the roll.
9 (The Secretary called the roll. )
10 THE SECRETARY: Ayes 53.
11 THE PRESIDENT: The bill is
12 passed.
13 THE SECRETARY: Calendar number
14 15, by Senator Stafford, Senate Print 119, an
15 act to amend the Vehicle and Traffic Law, in
16 relation to the operation of school buses.
17 THE PRESIDENT: Read the last
18 section, please.
19 SENATOR DOLLINGER: Lay it aside.
20 THE PRESIDENT: Oh, lay it aside.
21 THE SECRETARY: Calendar Number
22 17, by Senator Tully, Senate Print Number 188,
23 an act to amend the Vehicle and Traffic Law, in
24 relation to authorizing towns and villages to
25 establish a prepaid residential parking permit
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1 system.
2 THE PRESIDENT: Read the last
3 section, please.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 THE PRESIDENT: Call the roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 53.
9 THE PRESIDENT: The bill is
10 passed.
11 THE SECRETARY: Calendar Number
12 18, by Senator Levy, Senate Print Number 203, an
13 act to amend the Highway Law.
14 SENATOR BRUNO: Lay it aside,
15 please.
16 THE PRESIDENT: Lay it aside,
17 please.
18 Senator Bruno, that completes the
19 non-controversial reading of the calendar.
20 SENATOR BRUNO: Madam President,
21 can we at this time take up the controversial
22 calendar.
23 THE PRESIDENT: The Secretary
24 will read.
25 THE SECRETARY: Calendar Number
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1 15, by Senator Stafford, Senate Print Number
2 119, an act to amend the Vehicle and Traffic
3 Law, in relation to the operation of school
4 buses.
5 THE PRESIDENT: Senator
6 Dollinger.
7 SENATOR DOLLINGER: Senator
8 Stafford available for a question? I just have
9 one.
10 SENATOR BRUNO: Lay it aside for
11 the day, Madam President. Thank you.
12 SENATOR DOLLINGER: Madam
13 President, I'll get the question in writing to
14 Senator Stafford before the next session we do
15 the bill.
16 SENATOR BRUNO: Thank you very
17 much.
18 THE PRESIDENT: Thank you. Lay it
19 aside, please.
20 Senator Bruno, that completes the
21 controversial calendar.
22 SENATOR BRUNO: Madam President,
23 if we can stand at ease for a few moments. We're
24 waiting for the report from the Rules Committee,
25 and we expect that momentarily and we have one
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1 bill that we expect on that agenda that we'll be
2 dealing with this afternoon.
3 THE PRESIDENT: Thank you.
4 SENATOR BRUNO: Thank you, Madam
5 President.
6 (The Senate stood at ease from
7 3:10 until 3:16 p.m.)
8 THE PRESIDENT: The Senate will
9 come to order.
10 The Chair recognizes Senator
11 Bruno.
12 SENATOR BRUNO: Mr. President,
13 can we return to reports of standing committees
14 and I believe there is a report at the desk from
15 the Rules Committee. Maybe we can have that
16 read.
17 ACTING PRESIDENT KUHL: We'll
18 return to the order of reports of standing
19 committees. The Secretary will read the report
20 of the Rules Committee.
21 THE SECRETARY: Senator Bruno,
22 from the Committee on Rules, offers up the
23 following bill directly for third reading:
24 Senate Print Number 106, by
25 Senator Volker, an act to amend the Tax Law, in
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1 relation to the imposition of sales taxes and
2 use taxes by the County of Erie.
3 ACTING PRESIDENT KUHL: Without
4 objection, the bill is reported directly to
5 third reading.
6 Senator Bruno.
7 SENATOR BRUNO: I move we accept
8 the report, Mr. President.
9 ACTING PRESIDENT KUHL: On the
10 motion to accept the report of the Rules
11 Committee, all those in favor of accepting the
12 report signify by saying aye.
13 (Response of "Aye.")
14 Opposed nay.
15 (There was no response.)
16 The report is accepted. The bill
17 is reported directly to third reading.
18 SENATOR BRUNO: Mr. President, can
19 we at this time take up Calendar Number 125?
20 THE SECRETARY: Senator Volker
21 moves to discharge from the Committee on
22 Investigations, Taxation and Government
23 Operations, Assembly Bill Number 341 and
24 substitute it for the identical Senate Bill
25 Number 106.
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1 Calendar Number 25, by the
2 Assembly Committee on Rules, Assembly Print
3 Number 341, an act to amend the Tax Law, in
4 relation to the imposition of sales taxes and
5 use taxes by the County of Erie.
6 ACTING PRESIDENT KUHL: Any
7 Senator wishing to comment on the bill? Hearing
8 none, the Secretary will read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT KUHL: Announce
15 the results when tabulated.
16 THE SECRETARY: Ayes 56, nays
17 one, Senator Dollinger recorded in the negative.
18 ACTING RESIDENT KUHL: The bill is
19 passed.
20 Senator Bruno.
21 SENATOR BRUNO: Mr. President, we
22 are at this time handing up, after serious
23 deliberation with our esteemed Minority Leader,
24 Senator Marty Connor, a substitution list for
25 committee assignments that will supersede all
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1 others that have been in place in the Senate
2 previous to this very moment.
3 Thank you, Mr. President.
4 ACTING PRESIDENT KUHL: Order the
5 substitution be filed in the Journal.
6 Senator Bruno.
7 SENATOR BRUNO: Mr. President, I
8 I hesitate to ask, but is there any housekeeping
9 at the desk?
10 ACTING PRESIDENT KUHL: Nothing
11 at the desk, Senator Bruno.
12 SENATOR BRUNO: There is none.
13 There being no further business to come before
14 the Senate, I would move that we stand adjourned
15 until Monday at 3:00 p.m., intervening days to
16 be legislative days.
17 Thank you.
18 ACTING PRESIDENT KUHL: Without
19 objection, the Senate stands adjourned until
20 Monday, January 27th, at 3:00 p.m., all
21 intervening days to be legislative days.
22 (Whereupon, at 3:20 p.m., the
23 Senate adjourned.)
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