Regular Session - July 8, 1997
6881
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9 ALBANY, NEW YORK
10 July 8, 1997
11 11:28 a.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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6882
1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come do order. Would everyone please rise and
4 join with me in the Pledge of Allegiance.
5 (The assemblage repeated the
6 Pledge of Allegiance to the Flag. )
7 May we bow our heads in a moment
8 of silence.
9 (A moment of silence was
10 observed. )
11 The reading of the Journal,
12 please.
13 THE SECRETARY: In Senate,
14 Monday, July 7th. The Senate met pursuant to
15 adjournment. The Journal of Sunday, July 6th,
16 was read and approved. On motion, Senate
17 adjourned.
18 THE PRESIDENT: Without
19 objection, the Journal stands approved as read.
20 Presentation of petitions.
21 Messages from the Assembly.
22 Messages from the Governor.
23 Reports of standing committees.
24 Reports of select committees.
25 Communications and reports from
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1 state officers.
2 Motions and resolutions.
3 Senator Skelos.
4 SENATOR SKELOS: Madam President,
5 there will be an immediate meeting of the
6 Finance Committee in Room 332 of the Capitol.
7 THE PRESIDENT: There will be an
8 immediate meeting of the Finance Committee in
9 Room 332.
10 ACTING PRESIDENT MAZIARZ:
11 Senator Skelos.
12 SENATOR SKELOS: Mr. President,
13 while on motions and resolutions, I move we
14 adopt the Resolution Calendar except Resolution
15 2020.
16 ACTING PRESIDENT MAZIARZ: Motion
17 is to accept the Resolution Calendar. All those
18 in favor.
19 (Response of "Aye.")
20 Opposed?
21 (There was no response. )
22 The motion is carried.
23 Resolution Calendar is adopted except for the
24 noted resolution.
25 SENATOR SKELOS: Mr. President.
6884
1 ACTING PRESIDENT MAZIARZ:
2 Senator Skelos.
3 SENATOR SKELOS: If we could have
4 the title read on Resolution 2020 and then move
5 for its immediate adoption.
6 ACTING PRESIDENT MAZIARZ:
7 Secretary will read.
8 THE SECRETARY: By Senator Bruno,
9 Legislative Resolution paying tribute to James
10 R. Tallon, Jr., upon the occasion of his
11 designation by the Communities Aid Association
12 as the recipient of the Homer Folks Award.
13 ACTING PRESIDENT MAZIARZ:
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 on behalf of Senator Bruno, he'd like to open up
17 sponsorship of that resolution, and now I move
18 its adoption.
19 ACTING PRESIDENT MAZIARZ:
20 Without objection, so ordered.
21 On the resolution, all those in
22 favor signify by saying aye.
23 (Response of "Aye.")
24 Opposed nay.
25 (There was no response. )
6885
1 The resolution is adopted.
2 Senator Skelos.
3 SENATOR SKELOS: Any other
4 motions to be made at this time?
5 ACTING PRESIDENT MAZIARZ: Yes,
6 Senator Skelos. Want to recognize one of the
7 two Senator Leibells that we have in the chamber
8 this morning.
9 SENATOR LEIBELL: Thank you, Mr.
10 President.
11 I wish to call up my bill which
12 is Print Number 3215, recalled from the Assembly
13 and is now at the desk.
14 ACTING PRESIDENT MAZIARZ:
15 Secretary will read.
16 THE SECRETARY: By Senator
17 Leibell, Senate Print 3215, an act authorizing
18 the town of Southeast, Putnam County.
19 SENATOR LEIBELL: Mr. President,
20 I now move to reconsider the vote by which this
21 bill was passed.
22 ACTING PRESIDENT MAZIARZ: Call
23 the roll on reconsideration.
24 (The Secretary called the roll on
25 reconsideration. )
6886
1 THE SECRETARY: Ayes 48.
2 SENATOR LEIBELL: Mr. President,
3 I now offer the following amendments.
4 ACTING PRESIDENT MAZIARZ:
5 Amendments received.
6 Senator Skelos.
7 SENATOR SKELOS: Is there any
8 housekeeping at the desk?
9 ACTING PRESIDENT MAZIARZ: No.
10 SENATOR SKELOS: We'll stand at
11 ease pending a report of the Finance Committee.
12 ACTING PRESIDENT MAZIARZ: We'll
13 stand at ease pending a report of the Finance
14 Committee.
15 (The Senate stood at ease from
16 11:33 a.m. To 11:37 a.m.)
17 ACTING PRESIDENT MAZIARZ:
18 Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 there will be an immediate meeting of the Rules
21 Committee in the Majority Conference Room.
22 ACTING PRESIDENT MAZIARZ:
23 Immediate meeting of the Rules Committee in Room
24 332. Immediate meeting of the Rules Committee
25 in Room 332.
6887
1 The Senate will stand at ease.
2 (The Senate stood at ease from
3 11:38 a.m., until 11:46 a.m.)
4 SENATOR SKELOS: Mr. President.
5 ACTING PRESIDENT MAZIARZ:
6 Senator Skelos.
7 SENATOR SKELOS: There will be an
8 immediate meeting of the Labor Committee in Room
9 332.
10 ACTING PRESIDENT MAZIARZ: There
11 will be an immediate meeting of the Labor
12 Committee in Room 332.
13 SENATOR SKELOS: Followed by a
14 meeting of the Energy Committee.
15 ACTING PRESIDENT MAZIARZ:
16 Immediate meeting of the Labor Committee,
17 followed by a meeting of the Energy Committee in
18 Room 332.
19 SENATOR SKELOS: If we could
20 return to reports of standing committees, I
21 believe there's a report of the Finance
22 Committee at the desk. Ask it be read.
23 ACTING PRESIDENT MAZIARZ:
24 Secretary will read.
25 THE SECRETARY: Senator Stafford,
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1 from the Committee on Finance, offers up the
2 following bill directly for third reading:
3 5685, by the Committee on Rules,
4 an act making appropriation for the support of
5 government.
6 SENATOR SKELOS: Mr. President, I
7 move we accept the report of the Finance
8 Committee.
9 ACTING PRESIDENT MAZIARZ: Motion
10 is to accept the report of the Finance
11 Committee. All those in favor of accepting the
12 report of the Finance Committee signify by
13 saying aye.
14 (Response of "Aye.")
15 Opposed nay.
16 (There was no response. )
17 Senator Skelos.
18 SENATOR SKELOS: Mr. President,
19 may we take up Calendar 1530.
20 ACTING PRESIDENT MAZIARZ:
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 1530, by the Committee on Rules, Senate Print
24 5685, an act making appropriation for the
25 support of government.
6889
1 SENATOR SKELOS: Mr. President,
2 is there a message of appropriation and
3 necessity at the desk?
4 ACTING PRESIDENT MAZIARZ: There
5 is a message at the desk.
6 SENATOR SKELOS: Move to accept.
7 ACTING PRESIDENT MAZIARZ: All
8 those in favor of accepting the message signify
9 by saying aye.
10 (Response of "Aye.")
11 Opposed nay.
12 (There was no response. )
13 The message is accepted.
14 Senator Skelos.
15 SENATOR SKELOS: Please take up
16 the bill.
17 ACTING PRESIDENT MAZIARZ:
18 Secretary will read. Read the last section.
19 THE SECRETARY: Section 13. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MAZIARZ: Call
22 the roll.
23 (The Secretary called the roll. )
24 THE SECRETARY: Ayes 52, nays
25 one, Senator Dollinger recorded in the
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1 negative.
2 ACTING PRESIDENT MAZIARZ: The
3 bill is passed.
4 Senator Skelos.
5 SENATOR SKELOS: If we could
6 return to reports of standing committees, I
7 believe there is a report of the Rules Committee
8 at the desk. I ask it be read.
9 ACTING PRESIDENT MAZIARZ:
10 Secretary will read.
11 THE SECRETARY: Senator Bruno,
12 from the Committee on Rules, offers up the
13 following bills directly for third reading:
14 Senate Print 5684, by the
15 Committee on Rules, an act to amend the Racing,
16 Pari-Mutuel Wagering and Breeding Law;
17 Assembly Bill 8450, Senate
18 Reprint 21,002, by the Committee on Rules, an
19 act to amend Chapter 145 of the Laws of 1997;
20 ACTING PRESIDENT MAZIARZ:
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 is there a message of necessity and
24 appropriation at the desk on Calendar Number
25 1529?
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1 ACTING PRESIDENT MAZIARZ:
2 Senator Skelos, at this time we'd move to accept
3 the Rules report.
4 SENATOR SKELOS: Move to accept.
5 ACTING PRESIDENT MAZIARZ: All
6 those in favor signify by saying aye.
7 (Response of "Aye.")
8 Opposed nay.
9 (There was no response. )
10 The report is accepted.
11 SENATOR SKELOS: Take up Calendar
12 Number 1529.
13 THE SECRETARY: Calendar Number
14 1529, by the Committee on Rules, Senate Print
15 5684, an act to amend the Racing, Pari-Mutuel
16 Wagering and Breeding Law.
17 SENATOR SKELOS: Is there a
18 message of necessity at the desk?
19 ACTING PRESIDENT MAZIARZ: There
20 is a message of necessity. All those in favor
21 of accepting the message signify by saying aye.
22 (Response of "Aye.")
23 Opposed nay.
24 (There was no response.)
25 The message is accepted.
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1 SENATOR SKELOS: Take it up.
2 ACTING PRESIDENT MAZIARZ: Read
3 the last section.
4 THE SECRETARY: Section 5. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MAZIARZ:
7 Senator Padavan.
8 SENATOR PADAVAN: Voting
9 negative.
10 ACTING PRESIDENT MAZIARZ: Call
11 the roll.
12 (The Secretary called the roll. )
13 THE SECRETARY: Ayes 52, nays
14 one, Senator Padavan recorded in the negative.
15 ACTING PRESIDENT MAZIARZ: The
16 bill is passed.
17 Senator Skelos.
18 SENATOR SKELOS: Stand at ease,
19 Mr. President.
20 ACTING PRESIDENT MAZIARZ: The
21 Senate will stand at ease.
22 (The Senate stood at ease from
23 11:50 a.m., until 11:56 a.m.)
24 SENATOR SKELOS: Mr. President.
25 ACTING PRESIDENT WRIGHT: Senator
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1 Skelos.
2 SENATOR SKELOS: There will be an
3 immediate meeting of the Energy Committee in the
4 Majority Conference Room.
5 ACTING PRESIDENT WRIGHT: There
6 will be an immediate meeting of the Energy
7 Committee in the Majority Conference Room.
8 SENATOR SKELOS: Could we return
9 to motions and resolutions. I believe there is
10 a privileged resolution at the desk.
11 ACTING PRESIDENT WRIGHT:
12 Secretary will read.
13 SENATOR SKELOS: By Senator
14 Larkin. I ask that the title be read and I move
15 for its immediate adoption.
16 ACTING PRESIDENT WRIGHT:
17 Secretary will read.
18 THE SECRETARY: By Senator
19 Larkin, Legislative Resolution honoring New York
20 State Commander Bill Schiffman upon his
21 elevation to the highest post in the state
22 Veterans of Foreign Wars July 21, 1997.
23 ACTING PRESIDENT WRIGHT: All
24 those in favor signify by saying aye.
25 (Response of "Aye.")
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1 Opposed nay.
2 (There was no response. )
3 ACTING PRESIDENT WRIGHT: The
4 ayes have it. The resolution is adopted.
5 SENATOR SKELOS: Stand at ease,
6 Mr. President.
7 ACTING PRESIDENT WRIGHT: Senate
8 will stand at ease.
9 (The Senate stood at ease from
10 11:58 a.m., until 12:06 p.m.)
11 SENATOR SKELOS: Mr. President.
12 ACTING PRESIDENT WRIGHT: Senator
13 Skelos.
14 SENATOR SKELOS: Mr. President,
15 if we could take up Calendar 1505, Senate
16 21002.
17 ACTING PRESIDENT WRIGHT: The
18 Secretary will read.
19 THE SECRETARY: Calendar Number
20 1505, by the Assembly Committee on Rules,
21 Assembly Print 8450, Senate Reprint Number
22 21002, an act to amend a chapter of the laws of
23 1997, entitled an act making appropriations for
24 the support of government.
25 SENATOR SKELOS: Mr. President,
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1 is there a message of necessity and
2 appropriation at the desk?
3 ACTING PRESIDENT WRIGHT: Yes,
4 Senator Skelos, there is.
5 SENATOR SKELOS: Move to
6 accept.
7 ACTING PRESIDENT WRIGHT: All in
8 favor of accepting the messages of necessity say
9 aye.
10 (Response of "Aye.")
11 Opposed nay.
12 (There was no response. )
13 The messages are accepted. Read
14 the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT WRIGHT: Call
18 the roll.
19 (The Secretary called the roll. )
20 ACTING PRESIDENT WRIGHT: The bill
21 is passed.
22 THE SECRETARY: Ayes 53.
23 ACTING PRESIDENT WRIGHT: The
24 bill is passed.
25 Senator Skelos.
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1 SENATOR SKELOS: Mr. President,
2 is there any housekeeping at the desk?
3 ACTING PRESIDENT WRIGHT: There
4 is not, Senator Skelos.
5 SENATOR SKELOS: Mr. President,
6 there is going to be an immediate -- a
7 conference of the Majority on Tuesday, July 15
8 at 11:00 a.m., and there being no further
9 business, I move we adjourn until Tuesday, July
10 15th, at 12:00 noon, intervening days to be
11 legislative days and, before we adjourn, if you
12 could recognize Senator Gold.
13 SENATOR GOLD: Thank you.
14 ACTING PRESIDENT WRIGHT: Senator
15 Gold.
16 SENATOR GOLD: Actually if you
17 could recognize Senator Mendez, I'd appreciate
18 it.
19 ACTING PRESIDENT WRIGHT: Senator
20 Mendez.
21 SENATOR MENDEZ: Thank you. Mr.
22 President, there's going to be a Democratic
23 Conference in Room 314.
24 SENATOR GOLD: Immediately.
25 SENATOR MENDEZ: Immediately.
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1 ACTING PRESIDENT WRIGHT:
2 Immediate Minority Conference in Room 314. And
3 the Senate stands adjourned until Tuesday, at
4 12:00 noon. On motion, the Senate stands
5 adjourned until Tuesday, July 15th, at 12:00
6 noon.
7 SENATOR SKELOS: Intervening days
8 to be legislative days.
9 ACTING PRESIDENT WRIGHT:
10 Intervening days to be legislative days.
11 (Whereupon at 12:07 p.m., the
12 Senate adjourned.)
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