Regular Session - May 26, 1998
3604
1
2
3
4
5
6
7
8 ALBANY, NEW YORK
9 May 26, 1998
10 3:05 p.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
3605
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 repeat with me the
5 Pledge of Allegiance to the Flag.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 Reverend Peter Young will now give
9 us the invocation.
10 REVEREND PETER G. YOUNG: Let us
11 pray. Father of poor, God of love, You made us
12 all Your people. We praise You and we thank
13 You. Fill us with a sense of justice. Help us
14 to do Your work, to take the side of the lowly,
15 to defend the newcomer, to welcome the stranger.
16 Help us now to be friend to the friendless, to
17 protect the weak and work for the rights of all.
18 God, in our journey home, bring us
19 together in peace and justice and in love.
Amen.
20 ACTING PRESIDENT MEIER: The
21 reading of the Journal.
22 THE SECRETARY: In Senate, Sunday,
23 May 24th. The Senate met pursuant to
24 adjournment. The Journal of Saturday, May 23rd,
25 was read and approved. On motion, the Senate
3606
1 adjourned.
2 ACTING PRESIDENT MEIER: Without
3 objection, the Journal stands approved as read.
4 Presentation of petitions.
5 Messages from the Assembly.
6 Messages from the Governor.
7 Reports of standing committees.
8 Reports of select committees.
9 Communications and reports from
10 state officers.
11 Motions and resolutions.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 are there any substitutions to be made?
15 ACTING PRESIDENT MEIER: Yes,
16 Senator, there are.
17 SENATOR SKELOS: Please make the
18 substitutions.
19 ACTING PRESIDENT MEIER: The
20 Secretary will read the substitutions.
21 THE SECRETARY: On page 30,
22 Senator Spano moves to discharge from the
23 Committee on Rules Assembly Print 10756 and
24 substitute it for the identical Senate Bill
7004.
25 On page 46, Senator Stafford moves
3607
1 to discharge from the Committee on Rules
Assembly
2 Bill 9759 and substitute it for the identical
3 Senate Bill 6838.
4 On page 53, Senator Gold moves to
5 discharge from the Committee on Rules Assembly
6 Bill 4129 and substitute it for the identical
7 Senate Bill 1094.
8 On page 54, Senator Meier moves to
9 discharge from the Committee on Rules Assembly
10 Bill 10083 and substitute it for the identical
11 Senate Bill 7425.
12 On page 54, Senator Maltese moves
13 to discharge from the Committee on Rules
Assembly
14 Bill 9825-A and substitute it for the identical
15 Senate Bill 6396-A.
16 On page 56, Senator Skelos moves
17 to discharge from the Committee on Rules
Assembly
18 Bill 10995 and substitute it for the identical
19 Senate Bill 5600-B.
20 On page 61, Senator Marchi moves
21 to discharge from the Committee on Rules
Assembly
22 Bill Number 10281 and substitute it for the
23 identical Senate Bill 6826.
24 On page 63, Senator Trunzo moves
25 to discharge from the Committee on Rules
Assembly
3608
1 Bill 9211 and substitute it for the identical
2 Senate Bill 6168.
3 On page 64, Senator DeFrancisco
4 moves to discharge from the Committee on Rules
5 Assembly Bill 8349-B and substitute it for the
6 identical Senate Bill 5583-B.
7 ACTING PRESIDENT MEIER: The
8 substitutions are ordered.
9 Senator Wright.
10 SENATOR WRIGHT: Mr. President,
11 amendments are offered to the following third
12 calendar reading bills:
13 Sponsored by Senator Velella, page
14 11, Calendar Number 337, Senate Print 4422;
15 sponsored by Senator Larkin, page 18, Calendar
16 Number 580, Senate Print 3982; sponsored by
17 Senator LaValle, page 21, Calendar Number 660,
18 Senate Print 1401-A; sponsored by Senator Cook,
19 page 21, Calendar Number 666, Senate Print 6277;
20 sponsored by Senator Skelos, page 29, Calendar
21 Number 774, Senate Print 6428; sponsored by
22 Senator Volker, page number 33, Calendar 836,
23 Senate Print 5009-A; sponsored by Senator
Marchi,
24 page 35, Calendar Number 864, Senate Print 6646;
25 sponsored by Senator Nozzolio, page 44, Calendar
3609
1 Number 964, Senate Print 7075; sponsored by
2 Senator Alesi, page 50, Calendar Number 1032,
3 Senate Print 7217; sponsored by Senator Alesi,
4 page 54, Calendar Number 1064, Senate Print
7220;
5 sponsored by Senator Goodman, page 58, Calendar
6 Number 1097, Senate Print 756; sponsored by
7 Senator Skelos, page 62, Calendar Number 1136,
8 Senate Print 6862; sponsored by Senator Marchi,
9 page 62, Calendar Number 1137, Senate Print
7331;
10 sponsored by Senator Leibell, page 65, Calendar
11 Number 1174, Senate Print 7458; sponsored by
12 Senator Meier, page 41, Calendar Number 932,
13 Senate Print 6286; sponsored by Senator Cook,
14 page 14, Calendar Number 446, Senate Print
899-A.
15 Mr. President, I move that these
16 bills retain their place on the order of third
17 reading.
18 ACTING PRESIDENT MEIER: The
19 amendments are received and the bills will
retain
20 their place on the Third Reading Calendar.
21 Senator Marcellino.
22 SENATOR MARCELLINO: Thank you,
23 Mr. President.
24 I move to recommit the following
25 resolutions to the Committee on Finance:
3610
1 Resolution Number 3505, 3506 and 3507.
2 ACTING PRESIDENT MEIER: The
3 resolutions will be recommitted to the Committee
4 on Finance.
5 SENATOR MARCELLINO: Thank you,
6 Mr. President.
7 ACTING PRESIDENT MEIER: Senator
8 Skelos.
9 SENATOR SKELOS: Mr. President, I
10 believe there's a privileged resolution at the
11 desk sponsored by Senator Stafford. May we
12 please have the title read and move for its
13 immediate adoption.
14 ACTING PRESIDENT MEIER: The
15 Secretary will read.
16 THE SECRETARY: By Senator
17 Stafford, Legislative Resolution commending the
18 Delaware and Hudson upon the occasion of its
19 175th anniversary.
20 ACTING PRESIDENT MEIER: The
21 question is on the resolution. All those in
22 favor signify by saying aye.
23 (Response of "Aye".)
24 Opposed, nay.
25 (There was no response.)
3611
1 The resolution is adopted.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 could we take up the non-controversial calendar.
5 ACTING PRESIDENT MEIER: The
6 Secretary will read the non-controversial
7 calendar -- Senator Skelos, could we return
8 momentarily to motions.
9 Senator Fuschillo.
10 SENATOR FUSCHILLO: Mr. President,
11 I move the following bills be discharged from
12 their respective committees and be recommitted
13 with instructions to strike the enacting clause:
14 Senate Bill Number 6002, sponsored by Senator
15 Volker and Senate Bill Number 4385, sponsored by
16 Senator Alesi.
17 ACTING PRESIDENT MEIER: So
18 ordered.
19 Senator Skelos, we'll go now to
20 the non-controversial calendar.
21 The Secretary will read the
22 non-controversial calendar.
23 THE SECRETARY: Calendar Number
24 116, by Senator Meier, Senate Print 2573, an act
25 to amend the Education Law and the Public Health
3612
1 Law.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 9. This
5 act shall take effect on the 120th day.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 42.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 254, by Senator Leibell, Senate Print 6153-A, an
14 act to amend the Private Housing Finance Law.
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 42.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3613
1 255, by Senator Leibell, Senate Print 6154-A, an
2 act to amend the Private Housing Finance 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 42.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 458, by Senator Leibell, Senate Print 1556-A, an
15 act to amend the Penal Law, the County Law and
16 the Executive Law.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 6. This
20 act shall take effect on the first day of
21 November.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 40 -
3614
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Ayes 44, nays 1,
4 Senator Maziarz recorded in the negative.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 626, by Senator Present, Senate Print 4080-A, an
9 act to amend the Executive Law and the General
10 Municipal Law.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect on the first day of
15 November.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 44, nays 1,
20 Senator Leichter recorded in the negative.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 667, by Senator Holland, Senate Print 6368-A, an
25 act to amend the Social Service Law, in relation
3615
1 to providing.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 3. This
5 act shall take effect immediately.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 45.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 691, by Senator LaValle, Senate Print 4695-A, an
14 act to amend the Education Law, in relation to
15 the functions of the chief fiscal officer.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 44, nays 1,
24 Senator Libous recorded in the negative.
25 ACTING PRESIDENT MEIER: The bill
3616
1 is passed.
2 THE SECRETARY: Calendar Number
3 698, by Senator LaValle, Senate Print 6791, an
4 act to repeal Section 658 of the Education Law.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 45.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 732, by Senator Skelos, Senate Print 2640-B, an
17 act to amend the Vehicle and Traffic Law.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 7. This
21 act shall take effect on the first day of April.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 46.
3617
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 737, by Senator Wright, Senate Print 7318 -
5 SENATOR SKELOS: Lay it aside for
6 the day.
7 ACTING PRESIDENT MEIER: Lay the
8 bill aside for the day.
9 THE SECRETARY: Calendar Number
10 747, by the Assembly Committee on Rules,
Assembly
11 Print 7613, an act to amend the Real Property
12 Actions and Proceedings Law.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect on the first day of
17 November.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 46.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 748, by Senator DeFrancisco, Senate Print 5980,
3618
1 an act to amend the Real Property Actions and
2 Proceedings 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 46.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 749, by member of the Assembly Weinstein,
15 Assembly Print 9992, an act to amend the New
York
16 City Civil Court Act.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 8. This
20 act shall take effect on the 30th day.
21 ACTING PRESIDENT MEIER: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 46.
25 ACTING PRESIDENT MEIER: The bill
3619
1 is passed.
2 THE SECRETARY: Calendar Number
3 760, by Senator Alesi, Senate Print 6133-A, an
4 act to amend the General Business Law.
5 ACTING PRESIDENT MEIER: Read the
6 last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect on the 120th day.
9 ACTING PRESIDENT MEIER: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 46.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 782, by Senator Hannon, Senate Print 7347, an
act
17 to amend the Public Health Law and the Education
18 Law.
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section 7. This
22 act shall take effect April 28th, 1999.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
3620
1 THE SECRETARY: Ayes 46.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 790, by Senator Spano, Senate Print 6940, an act
6 to amend the Workers' Compensation Law.
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 46.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 792, by Senator Spano, Senate Print 6963, an act
19 to amend the Labor Law.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect on the first day of
24 November.
25 ACTING PRESIDENT MEIER: Call the
3621
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 48.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 793, by Senator Spano, Senate Print 6964, an act
8 to amend the Labor Law.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 2. 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 48.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 795, by the Assembly Committee on Rules,
Assembly
21 Print 10756, an act to amend Chapter 206 of the
22 Laws of 1974, amending the Labor Law.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3622
1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 48.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 796, by Senator Marcellino, Senate Print 7014,
an
10 act to amend the Labor Law, in relation to
11 criminal penalties.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect in 30 days.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 47, nays 1,
20 Senator Cook recorded in the negative.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 798, by Senator Spano, Senate Print 7028, an act
25 to amend the Workers' Compensation Law.
3623
1 ACTING PRESIDENT MEIER: Read the
2 last section.
3 THE SECRETARY: Section 2. 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 49.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 799, by Senator Spano, Senate Print 7029, an act
13 to amend the Workers' Compensation Law.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 5. This
17 act shall take effect in 60 days.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 49.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 800, by Senator Spano, Senate Print 7038, an act
3624
1 to amend Chapter 831 of the Laws of 1981,
2 amending the Labor 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 50.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 801, by Senator Spano, Senate Print 7046, an act
15 to amend the Workers' Compensation Law, in
16 relation to dispute resolution process for
17 claims.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 50.
3625
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 806, by Senator Saland, Senate Print 817, an act
5 to amend the Family Court Act.
6 ACTING PRESIDENT MEIER: Read the
7 last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect on the 90th day.
10 ACTING PRESIDENT MEIER: Call the
11 roll.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes 50.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 824, by Senator Johnson, Senate Print 6849, an
18 act to amend the Public Authorities Law, in
19 relation to changing the date of adoption of
20 plans.
21 ACTING PRESIDENT MEIER: Read the
22 last section.
23 THE SECRETARY: Section 4. This
24 act shall take effect immediately.
25 ACTING PRESIDENT MEIER: Call the
3626
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 50.
4 ACTING PRESIDENT MEIER: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 842, by member of the Assembly Nolan, Assembly
8 Print 9788-A, an act to amend the Penal Law, in
9 relation to offering a false instrument.
10 ACTING PRESIDENT MEIER: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the first day of
14 November.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 50.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 843, by Senator Volker, Senate Print 6323, an
act
23 to amend the Penal Law, in relation to the
24 offenses of bail jumping and failing to respond.
25 ACTING PRESIDENT MEIER: Read the
3627
1 last section.
2 THE SECRETARY: Section 7. This
3 act shall take effect on the first day of
4 November.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 50.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 845, by Senator Johnson, Senate Print 6703 -
13 SENATOR SKELOS: Lay it aside.
14 ACTING PRESIDENT MEIER: Lay the
15 bill aside.
16 THE SECRETARY: Calendar Number
17 846, by Senator Goodman, Senate Print 7007-B, an
18 act to amend the Civil Practice Law and Rules,
in
19 relation to personal property exempt.
20 SENATOR LEICHTER: Lay it aside.
21 ACTING PRESIDENT MEIER: Read the
22 last section -- lay the bill aside.
23 THE SECRETARY: Calendar Number
24 851, by Senator Farley, Senate Print 7017, an
act
25 to amend the Social Service Law, in relation to
3628
1 requiring.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect in 30 days.
6 ACTING PRESIDENT MEIER: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 50.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 852, by Senator Holland, Senate Print 7083, an
14 act to amend the Social Services Law.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 3. 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 50.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3629
1 853, by Senator Holland, Senate Print 7277.
2 SENATOR SKELOS: Lay it aside for
3 the day.
4 ACTING PRESIDENT MEIER: Lay the
5 bill aside for the day. Lay the bill aside.
6 THE SECRETARY: Calendar Number
7 860, by Senator Wright, Senate Print 6629-A, an
8 act to amend the Environmental Conservation Law.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 2. 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 50.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 865, by Senator Marchi, Senate Print 6665, an
act
21 to amend the Business Corporation Law.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 12. This
25 act shall take effect in 90 days.
3630
1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 51.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 948, by Senator Present, Senate Print 6889, an
9 act to amend the Executive Law, in relation to
10 establishing.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 51.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 973, by Senator Stavisky, Senate Print 2906, an
23 act to amend the Penal Law, in relation to
24 increasing.
25 ACTING PRESIDENT MEIER: Read the
3631
1 last section.
2 THE SECRETARY: Section 7. This
3 act shall take effect on the first day of
4 November.
5 ACTING PRESIDENT MEIER: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 51.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 974, by Senator Present, Senate Print 3296, an
13 act to amend the Penal Law and the Criminal
14 Procedure Law.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 5. This
18 act shall take effect on the 30th day.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 51.
23 ACTING PRESIDENT MEIER: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
3632
1 975, by Senator Volker, Senate Print 6199, an
act
2 to amend the Civil Practice Law and Rules.
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 52 -- excuse
11 me. Ayes 51, nays 1, Senator Leichter recorded
12 in the negative.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Also Senator
16 Seabrook. Ayes 50, nays 2.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 976, by Senator Alesi, Senate Print 6243, an act
21 to amend the Criminal Procedure Law, the Penal
22 Law and the Family Court Act.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 9. This
3633
1 act shall take effect on the first day of
2 November.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 52.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 978, by Senator Maltese, Senate Print 6299, an
11 act to amend the Penal Law, in relation to
12 criminal tampering.
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 52.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 980, by Senator Lack, Senate Print 6681, an act
25 to amend the Penal Law, in relation to
3634
1 definitions.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first day of
6 November.
7 ACTING PRESIDENT MEIER: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 52.
11 ACTING PRESIDENT MEIER: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 982, by Senator Volker, Senate Print 6747, an
act
15 to amend the Criminal Procedure Law.
16 ACTING PRESIDENT MEIER: Read the
17 last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT MEIER: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 52.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
3635
1 THE SECRETARY: Calendar Number
2 983, by Senator Volker, Senate Print 6748, an
act
3 to amend the Criminal Procedure Law.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 54.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 985, by Senator DeFrancisco -
16 SENATOR SKELOS: Lay it aside for
17 the day.
18 ACTING PRESIDENT MEIER: Lay the
19 bill aside for the day.
20 THE SECRETARY: Calendar Number
21 988, by Senator Saland, Senate Print 6932, an
act
22 to amend the Penal Law, in relation to assault.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3636
1 act shall take effect on the first day of
2 November.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 54.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 996, by Senator Saland, Senate Print 2726-B -
11 SENATOR SKELOS: Lay it aside for
12 the day.
13 ACTING PRESIDENT MEIER: Lay the
14 bill aside for the day.
15 THE SECRETARY: Calendar Number
16 1048, by Senator Marcellino, Senate Print 7403,
17 an act to amend the Environmental Conservation
18 Law, in relation to the sale of products.
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
3637
1 THE SECRETARY: Ayes 54.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1050, by Senator Alesi, Senate Print 6819-A, an
6 act to amend the Correction Law, in relation to
7 making it a Class A misdemeanor.
8 ACTING PRESIDENT MEIER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the first day of
12 November.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 54.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1061, by Senator Alesi, Senate Print 7045, an
act
21 to amend the General Business Law, in relation
to
22 permitting.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3638
1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 54.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1065, by Senator Alesi, Senate Print 7396, an
act
10 to amend the General Business Law.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 9. This
14 act shall take effect January 1st, 1999.
15 ACTING PRESIDENT MEIER: Call the
16 roll.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes 54.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1067, by Senator Larkin, Senate Print 6090, an
23 act to amend the Real Property Tax Law.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
3639
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT MEIER: Call the
4 roll.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes 54.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1068, by Senator Larkin, Senate Print 6424, an
11 act to amend the Real Property Tax Law.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT MEIER: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 54.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1071, by Senator Holland, Senate Print 4123-A,
an
24 act to amend the Social Services Law.
25 ACTING PRESIDENT MEIER: Read the
3640
1 last section.
2 THE SECRETARY: Section 2. This
3 act -
4 SENATOR HOLLAND: Star the bill.
5 ACTING PRESIDENT MEIER: Star the
6 bill at the request of the sponsor.
7 THE SECRETARY: Calendar Number
8 1073, by Senator Holland, Senate Print 6966, an
9 act to amend the Social Services Law.
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 54.
18 ACTING PRESIDENT MEIER: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1084, by Senator Meier, Senate Print 6468-A -
22 SENATOR SKELOS: Lay it aside for
23 the day.
24 ACTING PRESIDENT MEIER: Lay the
25 bill aside for the day.
3641
1 THE SECRETARY: Calendar Number
2 1088, by Senator Goodman, Senate Print 6736, an
3 act to amend the Tax Law.
4 ACTING PRESIDENT MEIER: Read the
5 last section.
6 THE SECRETARY: Section 3. This
7 act shall take effect September 1st, 1998.
8 ACTING PRESIDENT MEIER: Call the
9 roll.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes 54.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1103, by member of the Assembly Connelly,
16 Assembly Print 9194, an act to amend the Highway
17 Law, in relation to the POW/MIA Memorial
Highway.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT MEIER: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 54.
3642
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 Senator Skelos, that completes the
4 reading of the non-controversial calendar.
5 SENATOR SKELOS: Mr. President, if
6 we could return to motions and resolutions, I
7 believe there's an amendment for Calendar Number
8 853.
9 ACTING PRESIDENT MEIER: We'll
10 return to the order of motions and resolutions.
11 Senator Marcellino.
12 SENATOR MARCELLINO: Mr.
13 President, I actually have three sets of motions
14 to do, including the one that Senator Skelos
just
15 mentioned.
16 On behalf of Senator Holland, on
17 page number 34, I offer the following amendments
18 to Calendar Number 853, Senate Print Number
7277,
19 and ask that said bill retain its place on the
20 Third Reading Calendar.
21 ACTING PRESIDENT MEIER: The
22 amendments are received and it will retain its
23 place on the Third Reading Calendar.
24 SENATOR MARCELLINO: Thank you,
25 Mr. President.
3643
1 On behalf of Senator DeFrancisco,
2 on page number 39, I offer the following
3 amendments to Calendar Number 909, Senate Print
4 Number 6444, and ask that said bill retain its
5 place on the Third Reading Calendar.
6 ACTING PRESIDENT MEIER: The
7 amendments are received and the bill will retain
8 its place on the Third Reading Calendar.
9 SENATOR MARCELLINO: Thank you,
10 Mr. President.
11 On behalf of Senator DeFrancisco,
12 I -- on page number 59, I offer the following
13 amendments to Calendar Number 1110, Senate Print
14 Number 6441, and ask that said bill retain its
15 place on the Third Reading Calendar.
16 ACTING PRESIDENT MEIER: The
17 amendments are received and the bill will retain
18 its place on the Third Reading Calendar.
19 SENATOR MARCELLINO: Thank you,
20 Mr. President.
21 SENATOR SKELOS: Mr. President, if
22 we could take up the controversial calendar.
23 ACTING PRESIDENT MEIER: The
24 Secretary will read the controversial calendar.
25 THE SECRETARY: Calendar Number
3644
1 845, by Senator Johnson, Senate Print 6703, an
2 act to amend the Penal Law, in relation to
3 criminal contempt in the first degree.
4 ACTING PRESIDENT MEIER: Read the
5 last section -- can we have some order in the
6 house, please.
7 The Secretary will read the last
8 section.
9 THE SECRETARY: Section 2. This
10 act shall take effect on the first day of
11 November.
12 ACTING PRESIDENT MEIER: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 54.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 846, by Senator Goodman, Senate Print 7007-B, an
20 act to amend the Civil Practice Law and Rules,
in
21 relation to the personal property exempt from
22 application.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 4. This
3645
1 act shall take effect on the first day of
2 September.
3 ACTING PRESIDENT MEIER: Senator
4 Leichter, why do you rise?
5 SENATOR LEICHTER: Mr. President,
6 if I may explain my vote.
7 This bill exempts -
8 ACTING PRESIDENT MEIER: Senator
9 Leichter, if I may. We have to call the roll
10 first and then I'll go directly to you to
explain
11 your vote.
12 SENATOR LEICHTER: Thank you.
13 ACTING PRESIDENT MEIER: Call the
14 roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT MEIER: Senator
17 Leichter.
18 SENATOR LEICHTER: Mr. President,
19 I'm going to oppose this bill as I've opposed
20 other bills that exempt assets and property from
21 being used to satisfy a judgment. In this
22 particular instance, it's the Roth IRA or Roth
23 accounts where people every year can put $2,000
24 and build up a very nice nest egg. I don't know
25 why we should exempt that property from a
3646
1 judgment. All we're doing is hurting people who
2 have been found to have a legitimate claim, a
3 legitimate right to collect.
4 I don't know how many of you read
5 the article in the New York Times over this last
6 weekend how taxi companies and taxi drivers in
7 New York find ways not to pay judgments and it
8 gave many examples of people who have been
9 seriously injured who are entitled to
10 compensation, who receive a judgment but they
11 can't collect it because there's so many ways
12 that you can hide your assets.
13 Now, people who, it's one thing to
14 say you're not going to take somebody's
15 homestead, you're not going to take their
cooking
16 utensils. Why do we say you can't take away
17 their Roth accounts when they have been found by
18 a court to be liable by somebody for money
19 judgments? I think it's a mistake.
20 I vote in the negative, Mr.
21 President.
22 ACTING PRESIDENT MEIER: Senator
23 Leichter will be recorded in the negative.
24 THE SECRETARY: Ayes 54, nays 1,
25 Senator Leichter recorded in the negative.
3647
1 ACTING PRESIDENT MEIER: The bill
2 is passed.
3 Senator Skelos, that completes the
4 reading of the controversial calendar.
5 SENATOR SKELOS: Mr. President,
6 there will be a meeting of the Investigations,
7 Taxation and Governmental Operations Committee
8 immediately after session in Room 332.
9 ACTING PRESIDENT MEIER: There
10 will be a meeting of Investigations, Taxation
and
11 Government Operations immediately after session
12 in Room 332.
13 SENATOR SKELOS: Is there any
14 housekeeping at the desk?
15 ACTING PRESIDENT MEIER: No, there
16 is not -- oh, I'm sorry.
17 Senator Montgomery.
18 SENATOR MONTGOMERY: Mr.
19 President, I would like unanimous consent to be
20 recorded in the negative on Calendar 975.
21 ACTING PRESIDENT MEIER: Without
22 objection -- Senator Montgomery. Senator
23 Montgomery. I'm sorry. We have some difficulty
24 hearing. Can we have the calendar number of the
25 bill.
3648
1 SENATOR MONTGOMERY: 975.
2 ACTING PRESIDENT MEIER: Without
3 objection, Senator Montgomery will be recorded
in
4 the negative on Calendar Number 975.
5 SENATOR MONTGOMERY: Thank you.
6 ACTING PRESIDENT MEIER: There is
7 no housekeeping at the desk.
8 SENATOR SKELOS: There being no
9 further business, I move we adjourn until
10 Wednesday, May 27th, at 11:00 a.m.
11 ACTING PRESIDENT MEIER: On
12 motion, the Senate stands adjourned until
13 Wednesday, May 27th, at 11:00 a.m.
14 (Whereupon, at 3:34 p.m., the
15 Senate adjourned.)
16
17
18
19
20
21
22