Regular Session - May 13, 1998
3260
1
2
3
4
5
6
7
8 ALBANY, NEW YORK
9 May 13, 1998
10 11:05 a.m.
11
12
13 REGULAR SESSION
14
15
16
17 SENATOR RAYMOND A. MEIER, Acting President
18 STEVEN M. BOGGESS, Secretary
19
20
21
22
23
24
25
3261
1 P R O C E E D I N G S
2 ACTING PRESIDENT MEIER: The
3 Senate will come to order. I ask everyone
4 present to please rise and join me in reciting
5 the Pledge of Allegiance to the Flag.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 In the absence of clergy, may we
9 now bow our heads in a moment of silence.
10 (A moment of silence was
11 observed.)
12 The reading of the Journal.
13 THE SECRETARY: In Senate,
14 Tuesday, May 12th. The Senate met pursuant to
15 adjournment. The Journal of Monday, May 11th,
16 was read and approved. Upon motion, the Senate
17 adjourned.
18 ACTING PRESIDENT MEIER: 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
3262
1 state officers.
2 Motions and resolutions.
3 Senator Marcellino.
4 SENATOR MARCELLINO: Thank you,
5 Mr. President.
6 On behalf of Senator Cook, I offer
7 -- on page number 42, I offer the following
8 amendments to Calendar Number 540, Senate Print
9 Number 781, and ask that said bill retain its
10 place on the Third Reading Calendar.
11 ACTING PRESIDENT MEIER: The
12 amendments are received and the bill will retain
13 its place on the Third Reading Calendar.
14 The Secretary will read the
15 substitutions.
16 THE SECRETARY: On page 6, Senator
17 Stafford moves to discharge from the Committee
on
18 Finance Assembly Bill 8696 and substitute it for
19 the identical Senate Bill 5715.
20 On page 7, Senator Trunzo moves to
21 discharge from the Committee on Civil Service
and
22 Pensions Assembly Bill Number 10754 and
23 substitute it for the identical Senate Bill
7430.
24 On page 7, Senator Trunzo moves to
25 discharge from the Committee on Civil Service
and
3263
1 Pensions Assembly Bill 10753 and substitute it
2 for the identical Senate Bill 7431.
3 On page 7, Senator LaValle moves
4 to discharge from the Committee on Commerce,
5 Economic Development and Small Business Assembly
6 Bill 6448 and substitute it for the identical
7 Senate Bill 3686.
8 On page 7, Senator LaValle moves
9 to discharge from the Committee on Commerce,
10 Economic Development and Small Business Assembly
11 Bill 9389 and substitute it for the identical
12 Senate Bill 6462.
13 On page 8, Senator Present moves
14 to discharge from the Committee on Commerce,
15 Economic Development and Small Business Assembly
16 Bill 1239 and substitute it for the identical
17 Senate Bill 7143.
18 On page 20, Senator Marcellino
19 moves to discharge from the Committee on
20 Investigations, Taxation and Government
21 Operations Assembly Bill Number 2024 and
22 substitute it for the identical Senate Bill
23 4128-A.
24 On page 23, Senator Marchi moves
25 to discharge from the Committee on
Transportation
3264
1 Assembly Bill 9194 and substitute it for the
2 identical Senate Bill 6161.
3 On page 24, Senator Spano moves to
4 discharge from the Committee on Tourism,
5 Recreation and Sports Development Assembly Bill
6 7656 and substitute it for the identical Senate
7 Bill 4396.
8 ACTING PRESIDENT MEIER: The
9 substitutions are ordered.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President,
12 with the consent of the Minority, I move that
13 Calendars 939 and 940, which are on first report
14 on the calendar, be advanced to third reading
and
15 that they have their third reading today.
16 ACTING PRESIDENT MEIER: So
17 ordered.
18 Senator Skelos.
19 SENATOR SKELOS: I believe that
20 there is a privileged resolution at the desk by
21 myself. May we please have the title read and
22 move for its immediate adoption.
23 ACTING PRESIDENT MEIER: The
24 Secretary will read.
25 THE SECRETARY: By Senator Skelos,
3265
1 Legislative Resolution commemorating the 50th
2 Anniversary of Temple B'nai Israel of Elmont to
3 be celebrated Saturday, May 16th, 1998.
4 ACTING PRESIDENT MEIER: Senator
5 Skelos.
6 SENATOR SKELOS: Move the
7 resolution.
8 ACTING PRESIDENT MEIER: The
9 question is on the resolution. All in favor
10 signify by saying aye.
11 (Response of "Aye".)
12 Opposed, nay.
13 (There was no response.)
14 The resolution is adopted.
15 SENATOR SKELOS: Mr. President, I
16 believe there's a privileged resolution at the
17 desk by Senator LaValle. May we please have the
18 title read and move for its immediate adoption.
19 ACTING PRESIDENT MEIER: The
20 Secretary will read.
21 THE SECRETARY: By Senator
22 LaValle, Legislative Resolution honoring the
past
23 and present members of the Greenport Fire
24 Department Star Hose Company Number 3 for 100
25 years of fire protection to the citizens of
3266
1 Greenport, New York and its surrounding
2 communities.
3 ACTING PRESIDENT MEIER: The
4 question is on the resolution. All those in
5 favor signify by saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 The resolution is adopted.
10 Senator Skelos.
11 SENATOR SKELOS: Mr. President, at
12 this time may we please have the reading of the
13 non-controversial calendar.
14 ACTING PRESIDENT MEIER: The
15 Secretary will read.
16 THE SECRETARY: Calendar Number
17 325, by Senator Goodman, Senate Print 5161-A, an
18 act to amend the Arts and Cultural Affairs Law,
19 in relation to including the Secretary of State.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect on the first day of
24 January.
25 ACTING PRESIDENT MEIER: Call the
3267
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 37.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 643, by Senator Waldon, Senate Print 140, an act
8 to amend the Criminal Procedure Law, in relation
9 to misdemeanor complaints.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 37.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 645, by Senator Volker, Senate Print 521, an act
22 to amend the Civil Practice Law and Rules and
the
23 Public Authorities Law.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
3268
1 THE SECRETARY: Section 3. This
2 act shall take effect on the 90th day.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 37.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 647, by Senator Skelos, Senate Print 3504, an
act
11 to amend the Civil Practice Law and Rules, in
12 relation to privileged communications.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT MEIER: Call the
18 roll.
19 (The Secretary called the roll.)
20 THE SECRETARY: Ayes 37.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 669, by Senator Wright, Senate Print 6476, an
act
25 to repeal Chapter 972 of the Laws of 1972.
3269
1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 4. This
4 act shall take effect immediately.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 37.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 680, by Senator Nozzolio, Senate Print 5190, an
13 act to amend the Correction Law, in relation to
14 appointment.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 37.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3270
1 684, by Senator Balboni, Senate Print 6503, an
2 act to amend the Executive Law.
3 ACTING PRESIDENT MEIER: Read the
4 last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 37.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 694, by Senator LaValle, Senate Print 6358, an
15 act to amend the Education Law, in relation to
16 the unlawful sale.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 37.
25 ACTING PRESIDENT MEIER: The bill
3271
1 is passed.
2 THE SECRETARY: Calendar Number
3 702, by member of the Assembly Griffith,
Assembly
4 Print 9762, an act to amend the Surrogates Court
5 Procedure Act.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 38.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 727, by Senator Trunzo, Senate Print 6308-A, an
18 act to amend the General Municipal Law and the
19 Retirement and Social Security Law.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect July 1st, 1998.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
3272
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 38.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 821, by Senator Meier, Senate Print 6667, an act
7 in relation to the transfer of a portion of a
8 highway.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect immediately.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 38.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 848, by Senator Balboni, Senate Print 7150 -
21 SENATOR SKELOS: Lay it aside for
22 the day.
23 ACTING PRESIDENT MEIER: Lay the
24 bill aside for the day.
25 THE SECRETARY: Calendar Number
3273
1 907, by Senator Farley, Senate Print 7442, an
act
2 to amend Chapter 3 of the Laws of 1997, amending
3 the Banking Law and the Insurance Law.
4 ACTING PRESIDENT MEIER: Senator
5 Farley.
6 SENATOR FARLEY: Just to explain
7 my vote quickly. I just want to say thank you
to
8 all the members of the Banking Committee. This
9 is the wild card bill which is a very important
10 piece of legislation and to say thank you to
11 Senator Santiago who's played a major role in
12 this house, in particular with the Minority.
13 To explain this, this is simply
14 the bill that passed last year, exactly making
it
15 permanent. It's a crucial piece of legislation
16 for New York State. It passed last year
17 unanimously in both houses, same one, and
18 actually we expect that this will be taken up in
19 the Assembly, and again I want to pay tribute to
20 everybody that was such a large part of making
21 this bill happen.
22 ACTING PRESIDENT MEIER: Senator
23 Santiago.
24 SENATOR SANTIAGO: Thank you, Mr.
25 President.
3274
1 May I explain my vote?
2 ACTING PRESIDENT MEIER: Yes.
3 SENATOR SANTIAGO: Mr. President,
4 before I address the bill itself, I would like
to
5 thank you, Senator Farley.
6 You not only opened up the
7 legislation for sponsorship, but you are always
8 open to me and you allowed us to talk with you
9 directly and to present the ideas of my
10 conference and you really took us seriously.
11 So I feel very honored to be able
12 to stand here and to represent my conference and
13 to say to you thank you publicly on behalf of
14 myself and on behalf of the conference and
15 because of your work it was easy to support this
16 legislation because it's good for New York State
17 but it's also good -- I think we're sending a
18 message that both sides of the aisle can work
19 well together and I'm really proud of that and
20 that's because of your leadership, and I wanted
21 to say that up front. So thank you, sir.
22 But, Mr. President, this
23 legislation is important to both the state
24 banking industry and to the financial consumers
25 of New York State. This includes my
constituents
3275
1 but it includes all of the constituents of New
2 York State, all of the consumers.
3 This bill will encourage state
4 banks like Chase Manhattan to remain chartered
in
5 New York and it's something that Senator Farley
6 and I have discussed for two or three years. We
7 need banks to stay chartered. This means that
8 they are more likely to keep their head offices
9 in the state providing jobs to our citizens. It
10 means that these banks will remain subject to
New
11 York's ATM Safety Act, our basic banking account
12 requirements and our strong CRA retirements,
13 Community Reinvestment Act.
14 It also means that the financial
15 consumer will continue to benefit from the
strong
16 supervision of our state Banking Department
17 instead of a distant regulator in Washington,
and
18 again, Senator Farley, this is something you and
19 I have discussed.
20 This bill will make it easier for
21 banks to sell insurance or invest in the
22 securities market, something they can do now on
a
23 limited basis.
24 This bill permits our state banks
25 to exercise the same powers that national banks
3276
1 like Citibank now have. It will keep our banks
2 strong and competitive in the financial industry
3 for the next millennium.
4 I urge my colleagues to support
5 it, to support this bill, to support Senator
6 Farley, to support myself and thank you very
7 much.
8 ACTING PRESIDENT MEIER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT MEIER: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 42.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 Senator Skelos.
19 SENATOR SKELOS: Mr. President,
20 there will be an immediate meeting of the
Housing
21 Committee in the Majority Conference Room.
22 ACTING PRESIDENT MEIER: Immediate
23 meeting of the Housing Committee in the Senate
24 Majority Conference Room.
25 The Secretary will continue to
3277
1 read the calendar.
2 THE SECRETARY: Calendar Number
3 939, substituted and advanced earlier today, by
4 the Assembly Committee on Rules, Assembly Print
5 10754, an act to amend Chapter 582 of the Laws
of
6 1996.
7 ACTING PRESIDENT MEIER: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT MEIER: Call the
12 roll.
13 (The Secretary called the roll.)
14 THE SECRETARY: Ayes 42.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 940, substituted and advanced earlier today, by
19 the Assembly Committee on Rules, Assembly Print
20 10753, an act to amend Chapter 582 of the Laws
of
21 1996.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3278
1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 42.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 941, by the Committee on Rules, Senate Print
9 7466, an act making an appropriation.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect immediately.
14 ACTING PRESIDENT MEIER: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 42.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 942, by the Committee on Rules, Senate Print
22 7467, an act making an appropriation.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3279
1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 42.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 SENATOR SKELOS: Mr. President, is
9 there any housekeeping at the desk?
10 ACTING PRESIDENT MEIER: Yes,
11 Senator. We have two motions.
12 SENATOR SKELOS: Would you have
13 Senator Marcellino make those motions once we're
14 ready to make the motions.
15 ACTING PRESIDENT MEIER: Senator
16 Marcellino.
17 SENATOR MARCELLINO: Yes, Mr.
18 President. On behalf of Senator Skelos, on page
19 number 30, I offer the following amendments to
20 Calendar Number 137, Senate Print Number 337,
and
21 ask that said bill retain its place on the Third
22 Reading Calendar.
23 ACTING PRESIDENT MEIER: The
24 amendments are received and the bill will retain
25 its place on the Third Reading Calendar.
3280
1 SENATOR MARCELLINO: Thank you.
2 ACTING PRESIDENT MEIER: Senator
3 Marcellino.
4 SENATOR MARCELLINO: Thank you,
5 Mr. President.
6 I wish to call up Calendar Number
7 343, Assembly Print Number 8888.
8 ACTING PRESIDENT MEIER: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 343, by member of the Assembly Gunther, Assembly
12 Print 8888, an act to amend the Racing,
13 Pari-mutuel Wagering and Breeding Law.
14 SENATOR MARCELLINO: Mr.
15 President, I now move to reconsider the vote by
16 which this bill was -- I'm sorry -- I now move
to
17 reconsider the vote by which this Assembly bill
18 was substituted for Senator Cook's bill, Senate
19 Print Number 6077 on 3/10/1998.
20 ACTING PRESIDENT MEIER: Call the
21 roll on reconsideration.
22 (The Secretary called the roll on
23 reconsideration.)
24 THE SECRETARY: Ayes 42.
25 SENATOR MARCELLINO: I now move
3281
1 that the Assembly Bill Number 8888 be
recommitted
2 to the Committee on Racing, Gaming and Wagering
3 and Senator Cook's Senate bill be recommitted to
4 the Committee on Racing, Gaming and Wagering
with
5 instructions to said committee to strike out the
6 enacting clause.
7 ACTING PRESIDENT MEIER: So
8 ordered.
9 SENATOR MARCELLINO: Thank you,
10 Mr. President.
11 One more.
12 ACTING PRESIDENT MEIER: Senator
13 Marcellino.
14 SENATOR MARCELLINO: Mr.
15 President, on behalf of Senator Goodman, on page
16 number 64, I offer the following amendments to
17 Calendar Number 846, Senate Print Number 7007,
18 and ask that said bill retain its place on the
19 Third Reading Calendar.
20 ACTING PRESIDENT MEIER: The
21 amendments are received and the bill will retain
22 its place on the Third Reading Calendar.
23 SENATOR MARCELLINO: Thank you,
24 Mr. President.
25 ACTING PRESIDENT MEIER: Senator
3282
1 Skelos.
2 SENATOR SKELOS: Mr. President,
3 there being no further business, I move we
4 adjourn until Monday, May 18th, at 3:00 p.m.,
5 intervening days to be legislative days.
6 ACTING PRESIDENT MEIER: Upon
7 motion, the Senate stands adjourned until
Monday,
8 May 18th, at 3:00 p.m., intervening days will be
9 legislative days.
10 (Whereupon, at 11:21 a.m., the
11 Senate adjourned.)
12
13
14
15
16
17