Regular Session - July 23, 1999
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NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
July 23, 1999
4:20 p.m.
REGULAR SESSION
SENATOR JOHN R. KUHL, JR., Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT KUHL: The
Senate will come to order. I ask the members
to take their chairs, staff to find their
places. I would ask everybody in the chamber
to rise and join with me in saying the Pledge
of Allegiance to the flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT KUHL: In the
absence of clergy may we bow our heads in a
moment of silence.
(Whereupon a moment of silence was
observed.)
ACTING PRESIDENT KUHL: Reading
of the journal.
THE SECRETARY: In Senate,
Thursday, July 22nd. The Senate met pursuant
to adjournment. The Journal of Wednesday,
July 21 was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT KUHL: Hearing
no objection, the Journal stands approved as
read.
Presentation of petitions.
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Message from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
State Officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: At this time may
we please adopt the Resolution Calendar, if
there is one, in its entirety?
ACTING PRESIDENT KUHL: Motion is
to adopt the Resolution Calendar which is on
the Members' desks.
All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Finance Committee in
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the Majority Conference Room.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Finance
Committee, immediate meeting of the Finance
Committee in the Majority Conference Room,
Room 332.
Senator Fuschillo.
SENATOR FUSCHILLO: On behalf of
Senator Rath I wish to call up her bill, Print
Number 5258-A, recalled from the Assembly,
which is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1162, by Senator Rath, Senator Print 5258-A,
an act to amend the Public Authorities Law.
ACTING PRESIDENT KUHL: Senator
Fuschillo.
SENATOR FUSCHILLO: Mr.
President, I now move to reconsider the vote
by which the bill was passed.
ACTING PRESIDENT KUHL: The
Secretary will call the roll on
reconsideration.
(The Secretary called the roll.)
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THE SECRETARY: Ayes 42.
ACTING PRESIDENT KUHL: Senator
Fuschillo.
SENATOR FUSCHILLO: I now move to
recommit the bill.
ACTING PRESIDENT KUHL: The bill
is recommitted.
SENATOR FUSCHILLO: Thank you.
ACTING PRESIDENT KUHL: Senator
McGee.
SENATOR McGEE: Mr. President, I
wish to call up on behalf of Senate Seward,
Bill Number 5208-B, recalled from the
Assembly, which is now at the desk.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1547, by Senator Seward, Senate Print 5208-B,
an act to amend the Education Law.
ACTING PRESIDENT KUHL: Senator
McGee.
SENATOR McGEE: Mr. President, I
now to reconsider the vote by which this bill
was passed.
ACTING PRESIDENT KUHL: The
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Secretary will call the role on
reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 42.
ACTING PRESIDENT KUHL: Senator
McGee.
SENATOR McGEE: Mr. President, I
now to recommit the bill to the committee.
ACTING PRESIDENT KUHL: The bill
will be recommitted to the committee.
Senator Skelos.
SENATOR SKELOS: Mr. President,
on the Resolution Calendar, 2168 by Senator
Nozzolio, which would memorialize the Governor
to proclaim the week of September 19th to the
25th as National Death Awareness Week in New
York State, Senator Nozzolio has offered to
open sponsorship to all the Members, so with
the consent of the Minority, why don't we just
put everybody on it unless somebody wishes not
to be on the resolution.
ACTING PRESIDENT KUHL: At the
direction of the Acting Majority Leader I'll
direct the Secretary to place all members as
cosponsors on Resolution Number 2168 by
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Senator Nozzolio unless the members indicate
to the desk directly that they do not wish to
be cosponsors.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could just stand at ease.
ACTING PRESIDENT KUHL: The
Senate will stand at ease momentarily.
(Whereupon the Senate stood at ease
from 4:23 p.m. to 4:37 p.m.)
ACTING PRESIDENT KUHL: The
Senate will come to order.
Senator Skelos.
SENATOR SKELOS: There will be an
immediate meeting of the Rules Committee in
the Majority Conference Room.
ACTING PRESIDENT KUHL: Immediate
meeting of the Rules Committee, an immediate
meeting of the Rules Committee in the Majority
Conference Room, Room 332.
SENATOR SKELOS: Mr. President,
if we could return to reports of Standing
Committees, I believe there is a report of the
Finance Committee at the desk. I ask that it
be read.
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ACTING PRESIDENT KUHL: Return to
the order of reports of Standing Committees.
There is a report from the Finance Committee
at the desk. I will direct the Secretary to
read.
THE SECRETARY: Senator Stafford,
from the Committee on Finance, reports the
following bills:
Senate Print 6086, by the Senator
Committee on Rules, an act making
appropriations for the support of government;
6087, by the Senate Committee on
Rules, an making an appropriation to the
Department of Health;
6088, by the Senate Committee on
Rules, an act to amend Chapter 15 of the Laws
of 1999; and
Senate 6089, by the Senate
Committee on Rules, an act to amend the Tax
Law.
All bills ordered direct for third
reading.
SENATOR SKELOS: If we could
stand at ease.
ACTING PRESIDENT KUHL: The
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motion is to accept the report of the Rules
Committee. All those in favor signify by
saying aye. Excuse me, the Finance Committee.
Without objection. Hearing no objection, the
report is accepted and the bills are ordered
directly to third reading.
The Senate will stand at ease.
(Whereupon the Senate stood at ease
from 4:38 p.m. to 4:45 p.m.)
ACTING PRESIDENT KUHL: Senator
Skelos.
The Senate will come to order.
SENATOR SKELOS: Mr. President,
if we could return to reports of Standing
Committees, I believe there is a report of the
Rules Committee at the desk. I ask that it be
read.
ACTING PRESIDENT KUHL: Return to
the order of reports of Standing Committees.
There is a report from the Rules Committee at
the desk.
The Secretary will read.
THE SECRETARY: Senator Bruno
from the Committee on Rules reports the
following bills:
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Senate Print 6084, by the Senate
Committee on Rules, an act to amend the Public
Authorities Law; and
Senate 6085, by the Senate
Committee on Rules, an act to amend the Mental
Hygiene Law.
Both bills ordered direct for third
reading.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Move to accept
the report.
ACTING PRESIDENT KUHL: The
motion is to accept the report of the Rules
Committee. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The Rules
report is accepted. The bills are ordered
directly to third reading.
Senator Skelos.
SENATOR SKELOS: Mr. President,
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can we please take up Calendar Number 1641,
Senate 6086.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1641.
THE SECRETARY: Calendar Number
1641, by the Senate Committee on Rules, Senate
Print 6086, an act making appropriations for
the support of government.
SENATOR SKELOS: Is there a
message of necessity and appropriation at the
desk?
ACTING PRESIDENT KUHL: There is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
and appropriation on Calendar Number 1641.
All those in favor, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
House. The Secretary will read the last
section.
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THE SECRETARY: Section 53, this
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51, nays
one. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could take up Calender Number 1642,
Senate Print 6087.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1642, by the Senate Committee on Rules, Senate
Print 6087, an act making an appropriation to
the Department of Health.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Mr. President,
is there a message of necessity and
appropriation at the desk?
6598
ACTING PRESIDENT KUHL: There is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
and appropriation on Calendar Number 1642.
All those in favor, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
House. The Secretary will read the last
section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51, nays
one. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
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SENATOR SKELOS: Mr. President,
if we could take up Calendar Number 1643,
Senate 6088.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1643, by the Senate Committee on Rules, Senate
Print 6088, an act to amend Chapter 15 of the
Laws of 1999.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Mr. President,
is there a message of necessity and
appropriation at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
and appropriation on Calendar Number 1643.
All those in favor, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
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message is accepted. The bill is before the
House. The Secretary will read the last
section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51, nays
one. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please call up Calendar Number 1644,
Senate 6089.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1644, by the Senate Committee on Rules, Senate
Print 6089, an act to amend the Tax Law in
relation to establishing.
SENATOR SKELOS: Is there a
message of necessity and appropriation at the
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desk?
ACTING PRESIDENT KUHL: There is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
and appropriation on Calendar Number 1644.
All those in favor, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
House. The Secretary will read the last
section.
THE SECRETARY: Section 10. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 1644 are
Senators Dollinger, Duane and Padavan.
Ayes 49, nays three.
ACTING PRESIDENT KUHL: The bill
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is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
will you please call up Calendar Number 1637,
Senate 6084.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1637, by the Senate Committee on Rules, Senate
Prints 6084, an act to amend the Public
Authorities Law and Chapter 738 of the Laws of
1988.
ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Mr. President,
is there a message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1637. All those in favor,
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
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(No response.)
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
House. The Secretary will read the last
section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51, nays
one. Senator Dollinger recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
would you please take up Calendar Number 1640,
Senate 6085.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1640, by the Senate Committee on Rules, Senate
Print 6085, an act to amend the Mental Hygiene
Law and Chapter 560 of the Laws of 1994.
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ACTING PRESIDENT KUHL: Senator
Skelos.
SENATOR SKELOS: Is there a
message of necessity at the desk?
ACTING PRESIDENT KUHL: There is.
SENATOR SKELOS: Move to accept.
ACTING PRESIDENT KUHL: The
motion is to accept the message of necessity
on Calendar Number 1640. All those in favor,
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The
message is accepted. The bill is before the
House. The Secretary will read the last
section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51, nays
one. Senator Duane recorded in the negative.
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ACTING PRESIDENT KUHL: The bill
is passed.
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT KUHL: Not at
the time.
SENATOR SKELOS: Mr. President,
there being no further business, I move we
adjourn until the call of the Majority Leader
but no later than August 3rd, intervening days
being legislative days.
ACTING PRESIDENT KUHL: Without
objection the Senate stands adjourned subject
to the call of the Majority Leader, not later
than August 3rd, intervening days to be
legislative days.
(Whereupon, at 4:51 p.m., the
Senate adjourned.)