Regular Session - May 27, 1998
3649
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8 ALBANY, NEW YORK
9 May 27, 1998
10 11:05 a.m.
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13 REGULAR SESSION
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16
17 SENATOR RAYMOND A. MEIER, Acting President
18 STEVEN M. BOGGESS, Secretary
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3650
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 to
4 please rise and repeat with me the Pledge of
5 Allegiance.
6 (The assemblage repeated the
7 Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT MEIER: Thank
9 you for the help in the gallery. They did get
10 it right and I couldn't keep up with them.
11 In the absence of clergy, I ask
12 that everyone bow their heads in a moment of
13 silence.
14 (A moment of silence was
15 observed.)
16 The reading of the Journal.
17 THE SECRETARY: In Senate,
18 Tuesday, May 26th. The Senate met pursuant to
19 adjournment, Senator Meier in the Chair upon
20 designation of the Temporary President. The
21 Journal of Sunday, May 24, was read and
22 approved. On motion, the Senate adjourned.
23 SENATOR SKELOS: Mr. President.
24 ACTING PRESIDENT MEIER: Without
25 objection -
3651
1 SENATOR SKELOS: Go ahead.
2 ACTING PRESIDENT MEIER: Without
3 objection, the Journal stands approved as read.
4 Senator Skelos.
5 SENATOR SKELOS: If I could
6 interrupt. There's going to be an immediate
7 meeting of the Rules Committee in the Majority
8 Conference Room.
9 ACTING PRESIDENT MEIER:
10 Immediate meeting of the Rules Committee in the
11 Senate Majority Conference Room.
12 Presentation of petitions.
13 Messages from the Assembly.
14 Messages from the Governor.
15 Reports of standing committees.
16 Reports of select committees.
17 Communications and reports from
18 state officers.
19 Motions and resolutions.
20 Senator Marcellino.
21 SENATOR MARCELLINO: Mr.
22 President, on behalf of Senator LaValle, on page
23 number 21, I offer the following amendments to
24 Calendar Number 696, Senate Print Number 6672,
25 and ask that said bill retain its place on third
3652
1 reading.
2 ACTING PRESIDENT MEIER: The
3 amendments are received and the bill will retain
4 its place on the Third Reading Calendar.
5 SENATOR MARCELLINO: Thank you,
6 Mr. President.
7 On behalf of Senator Padavan, on
8 page 24, I offer the following amendments to
9 Calendar Number 744, Senate Print Number 6727,
10 that is 6727, and ask that said bill retain its
11 place on the Third Reading Calendar.
12 ACTING PRESIDENT MEIER: The
13 amendments are received and bill will retain its
14 place on the Third Reading Calendar.
15 SENATOR MARCELLINO: Thank you,
16 Mr. President.
17 On behalf of Senator Alesi, on
18 page number 4, I offer the following amendments
19 to Calendar Number 40, Senate Print Number
20 5942-B, and ask that said bill retain its place
21 on the Third Reading Calendar.
22 ACTING PRESIDENT MEIER: The
23 amendments are received and the bill will retain
24 its place on the Third Reading Calendar.
25 Senator Fuschillo.
3653
1 SENATOR FUSCHILLO: Mr.
2 President, on behalf of Senator Marchi, I wish
3 to call up Senate Print Number 6007, recalled
4 from the Assembly, which is now at the desk.
5 ACTING PRESIDENT MEIER: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 243, by Senator Marchi, Senate Print 6007, an
9 act to amend the Real Property Tax Law.
10 SENATOR FUSCHILLO: Mr.
11 President, I now move to reconsider the vote by
12 which the bill was passed.
13 ACTING PRESIDENT MEIER: Call the
14 roll on reconsideration.
15 (The Secretary called the roll on
16 reconsideration.)
17 THE SECRETARY: Ayes 37.
18 SENATOR FUSCHILLO: I now offer
19 the following amendments.
20 ACTING PRESIDENT MEIER: The
21 amendments are received.
22 The Secretary will read the
23 substitutions.
24 THE SECRETARY: On page 40,
25 Senator Nozzolio moves to discharge from the
3654
1 Committee on Rules Assembly Bill Number 10727-A
2 and substitute it for the identical Third
3 Reading Calendar 964.
4 ACTING PRESIDENT MEIER: The
5 substitution is ordered.
6 Senator Holland.
7 SENATOR HOLLAND: Can we now
8 adopt the Resolution Calendar, please, Mr.
9 President.
10 ACTING PRESIDENT MEIER: The
11 Sec... Senator Holland, that's not yet at the
12 desk.
13 SENATOR HOLLAND: We'll come back
14 to that. Can we go ahead with the non
15 controversial calendar then, please.
16 ACTING PRESIDENT MEIER: The
17 Secretary will read the non-controversial
18 calendar.
19 THE SECRETARY: Calendar Number
20 690, by Senator LaValle, Senate Print 4431-A, an
21 act to amend the Education Law, in relation to
22 sharing.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3655
1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 37.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 809, by Senator Saland, Senate Print 1786, an
10 act to amend the Family Court Act, in relation
11 to procedures.
12 ACTING PRESIDENT MEIER: Read the
13 last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 90th day.
16 SENATOR GOLD: Lay the bill
17 aside.
18 ACTING PRESIDENT MEIER: Lay the
19 bill aside.
20 THE SECRETARY: Calendar Number
21 811, by Senator Saland, Senate Print 5228, an
22 act to amend the Social Services Law, in
23 relation to allowing.
24 ACTING PRESIDENT MEIER: Read the
25 last section.
3656
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 37.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 823, by Senator Johnson, Senate Print 6847, an
11 act to amend Chapter 56 of the Laws of 1993.
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 37.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 866, by Senator Present, Senate Print 6669, an
24 act to amend the Public Authorities Law and the
25 Economic Development Law, in relation to
3657
1 authorizing.
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 37.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 883, by Senator Bruno, Senate Print 5722-A, an
14 act authorizing the reopening of the 20-year
15 retirement plan.
16 ACTING PRESIDENT MEIER: There's
17 a home rule message at the desk. Read the last
18 section.
19 THE SECRETARY: Section 3. 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
3658
1 is passed.
2 THE SECRETARY: Calendar Number
3 887, by Senator Meier, Senate Print 6927-A, an
4 act to amend the Military Law, in relation to
5 credit.
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 37.
14 ACTING PRESIDENT MEIER: The bill
15 is passed.
16 THE SECRETARY: Calendar Number
17 928, by Senator Hannon, Senate Print 7357-A, an
18 act to amend Chapter 483 of the Laws of 1978.
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.)
3659
1 THE SECRETARY: Ayes 37.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 930, by Senator Stafford, Senate Print 5488-A,
6 an act to amend the State Finance Law, in
7 relation to authorizing.
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 37.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 933, by Senator Trunzo, Senate Print 6314-A, an
20 act to amend the Public Officers Law, in
21 relation to activities.
22 ACTING PRESIDENT MEIER: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
3660
1 ACTING PRESIDENT MEIER: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 37.
5 ACTING PRESIDENT MEIER: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 967, by Senator DeFrancisco, Senate Print 485,
9 an act to amend the Penal Law, in relation to
10 the payment.
11 ACTING PRESIDENT MEIER: Read the
12 last section.
13 THE SECRETARY: Section 2. 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 37.
19 ACTING PRESIDENT MEIER: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 968, by Senator DeFrancisco, Senate Print 488,
23 an act to amend the Criminal Procedure Law, in
24 relation to the collection.
25 ACTING PRESIDENT MEIER: Read the
3661
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect immediately.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 37.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 THE SECRETARY: Calendar Number
11 972, by Senator Libous, Senate Print 1924, an
12 act to amend the Penal Law, in relation to
13 authorizing.
14 ACTING PRESIDENT MEIER: Read the
15 last section.
16 THE SECRETARY: Section 6. This
17 act shall take effect on the first day of
18 November.
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
3662
1 984, by member of the Assembly Tocci, Assembly
2 Print 9759, an act to amend Chapter 266 of the
3 Laws of 1981.
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 37.
12 ACTING PRESIDENT MEIER: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 987, by Senator Volker, Senate Print 6886, an
16 act to amend the Penal Law, in relation to
17 gambling.
18 ACTING PRESIDENT MEIER: Read the
19 last section.
20 THE SECRETARY: Section 8. This
21 act shall take effect on the first day of
22 November.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
3663
1 THE SECRETARY: Ayes 37.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 990, by Senator Volker, Senate Print 7054, an
6 act to amend the Civil Practice Law and Rules,
7 in relation to in rem foreclosures.
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 37.
16 ACTING PRESIDENT MEIER: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 992, by Senator Skelos, Senate Print 307, an act
20 to amend the Family Court Act and the Criminal
21 Procedure Law, in relation to the age of child
22 witnesses.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 3. This
3664
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 39.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 993, by Senator Saland, Senate Print 493, an act
11 to amend the Social Services Law, in relation to
12 concurrent kinship.
13 ACTING PRESIDENT MEIER: Read the
14 last section.
15 THE SECRETARY: Section 4. 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 39.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1011, by Senator Trunzo, Senate Print 5473-A, an
25 act to authorize the town of -
3665
1 SENATOR HOLLAND: Lay the bill
2 aside for the day.
3 ACTING PRESIDENT MEIER: Lay the
4 bill aside for the day.
5 THE SECRETARY: Calendar Number
6 1023, by Senator Balboni, Senate Print 6707, an
7 act authorizing the assessor of the county of
8 Nassau to accept an application.
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 39.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1024, by Senator Balboni, Senate Print 6708, an
21 act authorizing the assessor of the county of
22 Nassau.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 2. This
3666
1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 38, nays 1,
6 Senator Cook recorded in the negative.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1026, by Senator Nozzolio, Senate Print 6761, an
11 act to legalize, validate and confirm the acts
12 and proceedings.
13 ACTING PRESIDENT MEIER: There's
14 a home rule message at the desk. Read the last
15 section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT MEIER: Call the
19 roll.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes 39.
22 ACTING PRESIDENT MEIER: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1074, by Senator Hannon, Senate Print 7336, an
3667
1 act to amend Chapter 535 of the Laws of 1983.
2 ACTING PRESIDENT MEIER: Read the
3 last section.
4 THE SECRETARY: Section 2. 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 40.
10 ACTING PRESIDENT MEIER: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1080, by Senator Goodman, Senate Print 5204, an
14 act to amend the Executive Law, in relation to
15 providing.
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 40.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
3668
1 THE SECRETARY: Calendar Number
2 1083, by the Assembly Committee on Rules,
3 Assembly Print 10995, an act to amend Chapter
4 704 of the Laws of 1991.
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 40.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1095, by Senator Goodman, Senate Print 411, an
17 act to amend the Vehicle and Traffic Law, in
18 relation to restricting.
19 ACTING PRESIDENT MEIER: Read the
20 last section.
21 THE SECRETARY: Section 5. This
22 act shall take effect immediately.
23 ACTING PRESIDENT MEIER: Call the
24 roll.
25 (The Secretary called the roll.)
3669
1 THE SECRETARY: Ayes 40.
2 ACTING PRESIDENT MEIER: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1096, by Senator Goodman, Senate Print 755, an
6 act to amend the Transportation Law, in relation
7 to disclosure.
8 ACTING PRESIDENT MEIER: Read the
9 last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect on the 120th day.
12 ACTING PRESIDENT MEIER: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 39, nays 1,
16 Senator Kuhl recorded in the negative.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1101, by Senator Johnson, Senate Print 4256-A,
21 an act to amend the Transportation Law, in
22 relation to projects.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 3. This
3670
1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 40.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1102 by Senator Saland, Senate Print 5261, an
10 act to amend the Vehicle and Traffic Law, in
11 relation to the maximum speed limit.
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 40.
20 ACTING PRESIDENT MEIER: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1104, by Senator Johnson, Senate Print 6848, an
24 act to amend Chapter 268 of the Laws of 1989,
25 amending the Vehicle and Traffic Law.
3671
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 41.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1105, by Senator Libous, Senate Print 7086, an
13 act to amend the Vehicle and Traffic Law, in
14 relation to the maximum speed limits.
15 ACTING PRESIDENT MEIER: Read the
16 last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect January 1.
19 ACTING PRESIDENT MEIER: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 40, nays 1,
23 Senator Leichter recorded in the negative.
24 ACTING PRESIDENT MEIER: The bill
25 is passed.
3672
1 THE SECRETARY: Calendar Number
2 1107, by Senator Johnson, Senate Print 7435, an
3 act to amend the Public Authorities Law, in
4 relation to eliminating.
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 41.
13 ACTING PRESIDENT MEIER: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1120, by member of the Assembly Parment,
17 Assembly Print 10280, an act to amend the
18 Agriculture and Markets Law, in relation to
19 approval.
20 ACTING PRESIDENT MEIER: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT MEIER: Call the
25 roll.
3673
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 41.
3 ACTING PRESIDENT MEIER: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1123, by Senator Kuhl, Senate Print 549, an act
7 to amend the New York State Urban Development
8 Corporation Act.
9 ACTING PRESIDENT MEIER: Read the
10 last section.
11 THE SECRETARY: Section 5. 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 41.
17 ACTING PRESIDENT MEIER: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 1127, by Senator Holland, Senate Print 5943-A,
21 an act to amend the Public Authorities Law, in
22 relation to continuation.
23 ACTING PRESIDENT MEIER: There's
24 a home rule message at the desk. Read the last
25 section.
3674
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 42.
7 ACTING PRESIDENT MEIER: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1128, by Senator Leibell, Senate Print 6430, an
11 act to amend the Public Authorities Law, in
12 relation to the powers.
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 42.
21 ACTING PRESIDENT MEIER: The bill
22 is passed.
23 THE SECRETARY: Calendar Number
24 1129, by Senator Goodman, Senate Print 6589, an
25 act to repeal Chapter 140 of the Laws of 1943.
3675
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 42.
9 ACTING PRESIDENT MEIER: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1130, by Senator Leibell, Senate Print -
13 SENATOR HOLLAND: Lay the bill
14 aside for the day.
15 ACTING PRESIDENT MEIER: Lay the
16 bill aside for the day.
17 THE SECRETARY: Calendar Number
18 1131, by Senator Leibell -
19 SENATOR HOLLAND: Lay it aside
20 for the day.
21 ACTING PRESIDENT MEIER: Lay the
22 bill aside for the day.
23 THE SECRETARY: Calendar Number
24 1134, by member of the Assembly Parment,
25 Assembly Print 10281, an act to amend the
3676
1 Cooperative Corporations Law, in relation to
2 authorizing.
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 1153, by Senator Lack, Senate Print 7040-A, an
15 act to amend the Real Property Law, in relation
16 to forms.
17 ACTING PRESIDENT MEIER: Read the
18 last section.
19 THE SECRETARY: Section 4. 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 43.
25 ACTING PRESIDENT MEIER: The bill
3677
1 is passed.
2 THE SECRETARY: Calendar Number
3 1161, by the Assembly Committee on Rules,
4 Assembly Print 8349-B, an act authorizing the
5 state University of New York to lease and
6 contract.
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 43.
15 ACTING PRESIDENT MEIER: The bill
16 is passed.
17 SENATOR HOLLAND: Controversial
18 calendar, Mr. President, please.
19 ACTING PRESIDENT MEIER: The
20 Secretary will read the controversial calendar.
21 THE SECRETARY: Calendar Number
22 809, by Senator Saland, Senate Print 1786, an
23 act to amend the Family Court Act.
24 SENATOR GOLD: Last section.
25 ACTING PRESIDENT MEIER: Read the
3678
1 last section.
2 THE SECRETARY: Section 2. This
3 act shall take effect on the 90th day.
4 ACTING PRESIDENT MEIER: Call the
5 roll.
6 (The Secretary called the roll.)
7 THE SECRETARY: Ayes 43.
8 ACTING PRESIDENT MEIER: The bill
9 is passed.
10 SENATOR LEICHTER: Mr. President.
11 ACTING PRESIDENT MEIER: Senator
12 Leichter.
13 SENATOR LEICHTER: May I have
14 unanimous consent to be recorded in the negative
15 on Calendar 1102.
16 ACTING PRESIDENT MEIER: Without
17 objection, Senator Leichter will be recorded in
18 the negative on Calendar 1102.
19 Senator Holland.
20 SENATOR HOLLAND: Can we return
21 to motions and resolutions, please, Mr.
22 President.
23 ACTING PRESIDENT MEIER: Yes.
24 SENATOR HOLLAND: And may we
25 adopt the Resolution Calendar. They still don't
3679
1 want to do that.
2 ACTING PRESIDENT MEIER: All in
3 favor of adopting the Resolution Calendar
4 signify by saying aye.
5 (Response of "Aye".)
6 Opposed, nay.
7 (There was no response.)
8 The resolutions are adopted.
9 Senator Holland.
10 SENATOR HOLLAND: May we please
11 return to reports of standing committees. I
12 believe there's a report of the Rules Committee
13 at the desk.
14 ACTING PRESIDENT MEIER: The
15 Secretary will read.
16 THE SECRETARY: Senator Bruno,
17 from the Committee on Rules, reports the
18 following bills direct to third reading:
19 Senate Print 6694, by the Senate
20 Committee on Rules, an act to amend the State
21 Law; and
22 Senate Print 7494, by Senator
23 Fuschillo, an act to amend the Highway Law.
24 ACTING PRESIDENT MEIER: Senator
25 Holland.
3680
1 SENATOR HOLLAND: I move we
2 accept the report of the Rules Committee.
3 ACTING PRESIDENT MEIER: All
4 those in favor of accepting the report of the
5 Rules Committee signify by saying aye.
6 (Response of "Aye".)
7 Opposed, nay.
8 (There was no response.)
9 The report of the Rules Committee
10 is accepted.
11 Senator Holland.
12 SENATOR HOLLAND: Mr. President,
13 may we please take up Calendar 1176, Senate
14 6694, which was just reported from the Rules
15 Committee, please.
16 ACTING PRESIDENT MEIER: The
17 Secretary will read.
18 THE SECRETARY: Senator Bruno
19 moves to discharge from the Committee on Rules
20 Assembly Bill Number 10051 and substitute it for
21 the identical Senate Bill 6694.
22 ACTING PRESIDENT MEIER: The
23 substitution is ordered.
24 SENATOR GOLD: Explanation.
25 ACTING PRESIDENT MEIER: The
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1 Secretary will read the substitution.
2 THE SECRETARY: Calendar Number
3 1176, by the Assembly Committee on Rules,
4 Assembly Print 10051, an act to amend the State
5 Law.
6 SENATOR GOLD: Explanation,
7 please.
8 SENATOR SKELOS: Mr. President.
9 ACTING PRESIDENT MEIER: Senator
10 Skelos.
11 SENATOR SKELOS: This legislation
12 has been requested by the city of New York and
13 what it does is certain technical corrections in
14 some of the Congressional Districts, mistakes in
15 metes and bounds, mistakes in the naming of
16 certain streets in one of the original
17 reapportionment bills that were done,
18 congressional reapportionments several years
19 ago. These are really just technical
20 corrections requested by the city Board of
21 Elections.
22 SENATOR GOLD: Will the gentleman
23 yield for a question, please?
24 ACTING PRESIDENT MEIER: Will the
25 Senator yield?
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1 SENATOR SKELOS: Yep.
2 ACTING PRESIDENT MEIER: The
3 Senator yields for a question.
4 SENATOR GOLD: Senator, you've
5 never done it to me, but in my number of years
6 up here I've seen enough bills that said they
7 were technical and were a little bit more than
8 technical.
9 This is a bill which affects some
10 Congressional Districts. I believe I see within
11 Boulevard Park Lane South -- that's an area
12 which is in Queens County not far from me -- I
13 really would like the opportunity to take a look
14 at a map or something. I'm not saying anybody
15 is doing anything wrong here, but is there -- is
16 there a reason -- and I certainly am willing to
17 listen -- why this must pass today rather than,
18 let's say Monday?
19 SENATOR SKELOS: I believe we're
20 entering the petition signing period and we are
21 trying to accommodate the New York City Board of
22 Elections. I mean, basically that's what we're
23 trying to do right now.
24 SENATOR GOLD: Will the Senator
25 yield to one more question?
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1 ACTING PRESIDENT MEIER: The
2 Senator continues to yield.
3 SENATOR GOLD: Has this passed
4 the Assembly yet?
5 SENATOR SKELOS: It has -- I
6 think we substituted the bill.
7 SENATOR GOLD: It is the Assembly
8 bill?
9 SENATOR SKELOS: Yep.
10 SENATOR GOLD: Just one last
11 question. Senator, if you don't know, I'll rest
12 on it anyway. Do you have any idea what the
13 amount of population change is affected by these
14 changes?
15 SENATOR SKELOS: Well, number
16 one, if you change -- if you correct the name of
17 a street sign, it doesn't change population.
18 SENATOR GOLD: That's true.
19 SENATOR SKELOS: Any metes and
20 bounds, most of it is descriptions that may have
21 been inappropriately designated when we did the
22 congressional redistricting a number of years
23 ago.
24 As you also know, within the
25 federal law that you still have to maintain the
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1 one person, one vote requirements for a plan to
2 be constitutional. Unlike a state legislative
3 district, Senate/Assembly, there can be some
4 deviation within districts. In congressional,
5 you have to have it within one vote.
6 SENATOR GOLD: Yeah. If the
7 Senator will yield. Senator, I wasn't
8 suggesting that the numbers were going to
9 change, but you can keep the same number and be
10 switching 20,000 people from one district to
11 another. I just -- basically that was what I
12 was asking. Is there any -- if it's a technical
13 change in a street name, I certainly don't
14 care. All I'm concerned about is as a result of
15 this, are we switching any population from one
16 Congressional District to another?
17 SENATOR SKELOS: If there were
18 any massive changes in population, we would have
19 to have it precleared by the Justice Department
20 because of the Voting Rights Act.
21 SENATOR GOLD: Thank you for your
22 courtesy.
23 ACTING PRESIDENT MEIER: Read the
24 last section.
25 THE SECRETARY: Section 3. This
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1 act shall take effect immediately.
2 ACTING PRESIDENT MEIER: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 43.
6 ACTING PRESIDENT MEIER: The bill
7 is passed.
8 Senator Holland.
9 SENATOR HOLLAND: Is there any
10 housekeeping, Mr. President?
11 ACTING PRESIDENT MEIER: Yes,
12 there's a motion.
13 Senator Marcellino.
14 SENATOR MARCELLINO: Yes, Mr.
15 President. On behalf of Senator Meier, the
16 esteemed Senator Meier, on page number 50, I
17 offer the following amendments to Calendar
18 Number 1084, Senate Print Number 6468-A, and ask
19 that said bill retain its place on the Third
20 Reading Calendar, sir.
21 ACTING PRESIDENT MEIER: The
22 amendments are received and the bill will retain
23 its place on the Third Reading Calendar.
24 Thank you, Senator Marcellino.
25 Senator Holland.
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1 SENATOR HOLLAND: Would you
2 please recognize Senator Montgomery, please.
3 ACTING PRESIDENT MEIER: Senator
4 Montgomery.
5 SENATOR MONTGOMERY: Yes. Thank
6 you, Mr. President.
7 I would just like to take a
8 moment, if you will allow me, to acknowledge a
9 class that is visiting here today, the Capitol,
10 from my district. It's their -- a group of
11 students, eighth grade students, I believe, from
12 the Ron Edmonds Learning Center in Brooklyn,
13 formally known as Junior High School 113. They
14 have come today to witness what we do on their
15 behalf as their representatives in the New York
16 State Senate.
17 So I welcome them. Their
18 teachers are here with them, Miss Ollfume and
19 Miss Cunningham, and we thank them for coming
20 because they are going to be part of this body
21 some day, at least some of them, we hope, and so
22 they're getting a bird's eye view at an early
23 point in their lives and we welcome them. Thank
24 their teachers for bringing them.
25 Thank you, Mr. President.
3687
1 ACTING PRESIDENT MEIER: Thank
2 you, Senator Montgomery.
3 Senator Holland.
4 SENATOR HOLLAND: Anything
5 further at the desk?
6 ACTING PRESIDENT MEIER: Nothing
7 further, Senator.
8 SENATOR HOLLAND: Mr. President,
9 there being no further business, I move we
10 adjourn until Monday, June the 1st, at 3:00
11 p.m., intervening days being legislative days.
12 ACTING PRESIDENT MEIER: There
13 being no further business, on motion, the Senate
14 stands adjourned until Monday, June 1st, 3:00
15 p.m., intervening days will be legislative
16 days.
17 (Whereupon, at 11:28 a.m., the
18 Senate adjourned.)
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