Regular Session - April 9, 1998
2592
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9 ALBANY, NEW YORK
10 April 9, 1998
11 12:03 p.m.
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14 REGULAR SESSION
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18 SENATOR RAYMOND A. MEIER, aCTING President
19 STEVEN M. BOGGESS, Secretary
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2593
1 P R O C E E D I N G S
2 ACTING PRESIDENT MEIER: The
3 Senate will come to order. Will you please
4 join me in the Pledge of Allegiance to the
5 Flag.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 Reverend Peter Young, of the
9 Blessed Sacrament Church of Bolton Landing
10 will give the invocation.
11 REVEREND PETER YOUNG: Let us
12 pray.
13 Dear God, we ask Your blessing
14 on all of the Senate members and their staffs.
15 Their commitment to Your citizens of our New
16 York State will be enhanced by their call to
17 You for guidance and Your support. We ask You
18 this now and forever. Amen.
19 ACTING PRESIDENT MEIER:
20 Reading of the Journal.
21 THE SECRETARY: In Senate
22 Wednesday, April 8th. The Senate met pursuant
23 to adjournment, Senator Meier in the Chair
24 upon designation of the Temporary President.
25 The Journal of Tuesday, April 7th, was read
2594
1 and approved. On motion, Senate adjourned.
2 ACTING PRESIDENT MEIER:
3 Without objection, the Journal stands approved
4 as read.
5 Presentation of petitions.
6 Messages from the Assembly.
7 Messages from the Governor.
8 Reports of standing
9 committees.
10 Reports of select committees.
11 Communications and reports from
12 state officers.
13 Motions and resolutions.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 if we could take up the non-controversial
17 calendar, please.
18 ACTING PRESIDENT MEIER: The
19 Secretary will read the non-controversial
20 calendar.
21 THE SECRETARY: Calendar Number
22 262, by Senator Maltese, Senate Print 4876-A,
23 an act to amend the Municipal Home Rule Law,
24 in relation to punishment.
25 ACTING PRESIDENT MEIER: Read
2595
1 the last section.
2 THE SECRETARY: Section 2.
3 This act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call
5 the roll.
6 (The Secretary called the
7 roll. )
8 THE SECRETARY: Ayes 39.
9 ACTING PRESIDENT MEIER: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 456, by Senator Velella, Senate Print 1187, an
13 act to amend the Penal Law, in relation to the
14 crime of unauthorized use of a motor vehicle.
15 ACTING PRESIDENT MEIER: Read
16 the last section.
17 THE SECRETARY: Section 2.
18 This act shall take effect on the first day of
19 November.
20 ACTING PRESIDENT MEIER: Call
21 the roll.
22 (The Secretary called the
23 roll. )
24 THE SECRETARY: Ayes 39.
25 ACTING PRESIDENT MEIER: The
2596
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 464, by Senator Maltese, Senate Print 3564-A,
4 an act to amend the Penal Law, in relation to
5 placing a false bomb.
6 ACTING PRESIDENT MEIER: Read
7 the last section.
8 THE SECRETARY: Section 3.
9 This act shall take effect on the first day of
10 November.
11 ACTING PRESIDENT MEIER: Call
12 the roll.
13 (The Secretary called the
14 roll.)
15 THE SECRETARY: Ayes 39.
16 ACTING PRESIDENT MEIER: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 469, by Senator Volker, Senate Print 5353, an
20 act to amend the Criminal Procedure Law, in
21 relation to transfer of supervision.
22 ACTING PRESIDENT MEIER: Read
23 the last section.
24 THE SECRETARY: Section 3.
25 This act shall take effect on the first day of
2597
1 November.
2 ACTING PRESIDENT MEIER: Call
3 the roll.
4 (The Secretary called the
5 roll. )
6 THE SECRETARY: Ayes 39.
7 ACTING PRESIDENT MEIER: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 478, by member of the Assembly Hill, Assembly
11 Print 20-A, an act in relation to permitting
12 the Judea United Baptist Church, Incorporated
13 to file an application.
14 ACTING PRESIDENT MEIER: Read
15 the last section.
16 THE SECRETARY: Section 2.
17 This act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call
19 the roll.
20 (The Secretary called the
21 roll. )
22 THE SECRETARY: Ayes 38, nays
23 one, Senator Cook recorded in the negative.
24 ACTING PRESIDENT MEIER: The
25 bill is passed.
2598
1 THE SECRETARY: Calendar Number
2 481, by Senator Johnson, Senate Print 6304, an
3 act to authorize the Freedom Chapel Assembly
4 of God to file an application.
5 ACTING PRESIDENT MEIER: Read
6 the last section.
7 THE SECRETARY: Section 2.
8 This act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call
10 the roll.
11 (The Secretary called the
12 roll. )
13 THE SECRETARY: Ayes 38, nays
14 one, Senator Cook recorded in the negative.
15 ACTING PRESIDENT MEIER: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 493, by Senator Larkin, Senate Print 473, an
19 act to amend the Agriculture and Markets Law,
20 in relation to the forfeiture of animals.
21 ACTING PRESIDENT MEIER: Read
22 the last section.
23 THE SECRETARY: Section 2.
24 This act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call
2599
1 the roll.
2 (The Secretary called the
3 roll. )
4 THE SECRETARY: Ayes 39.
5 ACTING PRESIDENT MEIER: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 498, by Senator Kuhl, Senate Print 6160, an
9 act to amend Chapter 182 of the Laws of 1993,
10 amending the Agriculture and Markets Law.
11 ACTING PRESIDENT MEIER: Read
12 the last section.
13 THE SECRETARY: Section 2.
14 This act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call
16 the roll.
17 (The Secretary called the
18 roll. )
19 THE SECRETARY: Ayes 39.
20 ACTING PRESIDENT MEIER: The
21 bill is passed.
22 THE SECRETARY: Calendar Number
23 565, by Senator Leibell, Senate Print 6120, an
24 act to amend the Highway Law, in relation to
25 designating a portion of the state highway
2600
1 system.
2 ACTING PRESIDENT MEIER: Read
3 the last section.
4 THE SECRETARY: Section 3.
5 This act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call
7 the roll.
8 (The Secretary called the
9 roll. )
10 THE SECRETARY: Ayes 41.
11 ACTING PRESIDENT MEIER: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 573, by Senator DeFrancisco, Senate Print
15 6557, an act to amend the Parks, Recreation
16 and Historic Preservation Law and the Vehicle
17 and Traffic Law.
18 ACTING PRESIDENT MEIER: Read
19 the last section.
20 THE SECRETARY: Section 4.
21 This act shall take effect immediately.
22 ACTING PRESIDENT MEIER: Call
23 the roll.
24 (The Secretary called the
25 roll. )
2601
1 THE SECRETARY: Ayes 41.
2 ACTING PRESIDENT MEIER: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 577, by Senator Goodman, Senate Print 3651, an
6 act to amend the Alcoholic Beverage Control
7 Law, in relation to permitting the State
8 Liquor Authority to apply as payment.
9 ACTING PRESIDENT MEIER: Read
10 the last section.
11 THE SECRETARY: Section 2.
12 This act shall take effect on the 60th day.
13 ACTING PRESIDENT MEIER: Call
14 the roll.
15 (The Secretary called the
16 roll. )
17 THE SECRETARY: Ayes 42.
18 ACTING PRESIDENT MEIER: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 578, by Senator Goodman, Senate Print 3673, an
22 act to amend the Alcoholic Beverage Control
23 Law, in relation to consolidating the number
24 of permits.
25 ACTING PRESIDENT MEIER: Read
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1 the last section.
2 THE SECRETARY: Section 3.
3 This act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call
5 the roll.
6 (The Secretary called the
7 roll. )
8 THE SECRETARY: Ayes 43.
9 ACTING PRESIDENT MEIER: The
10 bill is passed.
11 Senator Skelos, that completes
12 the reading of the calendar.
13 SENATOR SKELOS: Mr. President,
14 there is going to be a meeting of the Finance
15 Committee at 12:15 in the Majority Conference
16 Room, and we'll stand at ease.
17 ACTING PRESIDENT MEIER:
18 Meeting of the Finance Committee at 12:15 in
19 the Majority Conference Room, and the Senate
20 will stand at ease.
21 (Whereupon at 12:10 p.m., the
22 Senate stood at ease until 12:30 p.m.)
23 ACTING PRESIDENT MEIER:
24 Senator Skelos.
25 SENATOR SKELOS: Mr. President,
2603
1 if we could return to reports of standing
2 committees, I believe there's a report of the
3 Finance Committee at the desk. I ask it be
4 read.
5 ACTING PRESIDENT MEIER:
6 Reports of standing committees. The Secretary
7 will read.
8 THE SECRETARY: Senator
9 Stafford, from the Committee on Finance,
10 reports the following bills direct to third
11 reading:
12 Restored, Senate Print 6104-C,
13 Budget Bill, an act making appropriations for
14 the support of government (Public Protection,
15 Health and Mental Hygiene Budgets); and
16 6451, by Senator Stafford, an
17 act to amend Chapter 989 of the Laws of 1958.
18 ACTING PRESIDENT MEIER: Both
19 bills restored to third reading.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President,
22 if we could call up Calendar Number 437.
23 ACTING PRESIDENT MEIER:
24 Secretary will read.
25 THE SECRETARY: Calendar Number
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1 437, Budget Bill, Senate Print 6104-C, an act
2 making appropriations for the support of
3 government.
4 SENATOR SKELOS: Is there a
5 message at the desk?
6 ACTING PRESIDENT MEIER: There
7 is a message at the desk.
8 SENATOR SKELOS: Move we
9 accept.
10 ACTING PRESIDENT MEIER:
11 Question is on the motion to accept the
12 message of necessity. All those in favor
13 signify by saying aye.
14 (Response of "Aye.")
15 Opposed nay.
16 (There was no response. )
17 The message is accepted.
18 SENATOR SKELOS: Last section.
19 ACTING PRESIDENT MEIER: Read
20 the last section.
21 THE SECRETARY: Section 2.
22 This act shall take effect immediately.
23 ACTING PRESIDENT MEIER: Call
24 the roll.
25 (The Secretary called the
2605
1 roll. )
2 ACTING PRESIDENT MEIER: The
3 bill is passed.
4 SENATOR SKELOS: Mr. President,
5 could we call up Calendar Number 438.
6 ACTING PRESIDENT MEIER:
7 Secretary will read Calendar Number 438.
8 Senator Skelos.
9 SENATOR SKELOS: Mr. President,
10 I inadvertently called up Calendar Number
11 438. It should be Calendar Number 610.
12 ACTING PRESIDENT MEIER:
13 Secretary will read Calendar Number 610.
14 THE SECRETARY: Senator
15 Stafford, from the -- moves to discharge from
16 the Committee on Finance Assembly Bill Number
17 9346 and substitute it for the identical Third
18 Reading Calendar 610.
19 ACTING PRESIDENT MEIER:
20 Substitution ordered.
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 610, by member of the Assembly Straniere,
24 Assembly Print 9346, an act to amend Chapter
25 989 of the Laws of 1958, relating to the
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1 Temporary State Commission of Investigation.
2 ACTING PRESIDENT MEIER: Read
3 the last section.
4 THE SECRETARY: Section 2.
5 This act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call
7 the roll.
8 (The Secretary called the
9 roll. )
10 THE SECRETARY: Ayes 50.
11 ACTING PRESIDENT MEIER: The
12 bill is passed.
13 Senator Skelos.
14 SENATOR SKELOS: Mr. President,
15 we'll stand at ease, please.
16 ACTING PRESIDENT MEIER: Senate
17 will stand at ease.
18 (Whereupon at 12:33 p.m., the
19 Senate stood at ease until 12:58 p.m.)
20 ACTING PRESIDENT MEIER:
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 there will be an immediate meeting of the
24 Finance Committee in the Majority Conference
25 Room.
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1 ACTING PRESIDENT MEIER:
2 Immediate meeting of the Finance Committee in
3 the Senate Majority Conference Room. Senate
4 will stand at ease.
5 (Whereupon at 12:59 p.m., the
6 Senate stood at ease until 1:07 p.m.)
7 SENATOR SKELOS: Mr.
8 President.
9 ACTING PRESIDENT MEIER:
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 if we could return to reports of standing
13 committees, I believe there's a report of the
14 Finance Committee at the desk. I ask that it
15 be read.
16 ACTING PRESIDENT MEIER:
17 Reports of standing committees. Secretary
18 will read.
19 THE SECRETARY: Senator
20 Stafford, from the Committee on Finance,
21 reports the following bill:
22 Senate Print 6919, by the
23 Committee on Rules, an act making
24 appropriations for the support of government.
25 ACTING PRESIDENT MEIER: Read
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1 the last section.
2 SENATOR SKELOS: Without
3 objection, if we could report it to third
4 reading.
5 ACTING PRESIDENT MEIER: Direct
6 to third reading.
7 SENATOR SKELOS: If we could
8 call up Calendar Number 611.
9 ACTING PRESIDENT MEIER:
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 611, by the Senate Committee on Rules, Senate
13 Print 6919, an act making appropriations for
14 the support of government.
15 SENATOR SKELOS: Is there a
16 message at the desk?
17 ACTING PRESIDENT MEIER: There
18 is a message at the desk.
19 SENATOR SKELOS: Move to
20 accept.
21 ACTING PRESIDENT MEIER:
22 Question is on the motion to accept the
23 message of necessity. All those in favor
24 signify by saying aye.
25 (Response of "Aye.")
2609
1 Opposed nay.
2 (There was no response. )
3 The message is accepted. Read
4 the last section.
5 THE SECRETARY: Section 5.
6 This act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call
8 the roll.
9 (The Secretary called the
10 roll. )
11 THE SECRETARY: Ayes 56.
12 ACTING PRESIDENT MEIER: The
13 bill is passed.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President,
16 there will be a conference of the Majority in
17 the Majority Conference Room at 1:15.
18 ACTING PRESIDENT MEIER:
19 Conference of the Majority in the Majority
20 Conference Room at 1:15. Senate will stand at
21 ease.
22 (Whereupon at 1:10 p.m., the
23 Senate stood at ease until 2:21 p.m.)
24 ACTING PRESIDENT MEIER:
25 Senator Skelos.
2610
1 SENATOR SKELOS: Mr. President,
2 there being no further business -- well, first
3 of all, is there any housekeeping at the
4 desk?
5 ACTING PRESIDENT MEIER: There
6 is no further housekeeping at the desk.
7 SENATOR SKELOS: There being no
8 further business, I move we adjourn until
9 Tuesday, April 14th, at 2:00 p.m., intervening
10 days to be legislative days.
11 ACTING PRESIDENT MEIER: On
12 motion, the Senate stands adjourned until
13 Tuesday, April 14th, at 2:00 p.m., intervening
14 days will be legislative days.
15 (Whereupon at 2:22 p.m., the
16 Senate adjourned. )
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