Wednesday, January 20, 1993

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 20, 1993 11 3:10 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. Senators will find their 4 places. If you will please join with me in the 5 Pledge of Allegiance to the flag. 6 (Whereupon the Senate joined in 7 the Pledge of Allegiance to the Flag. ) 8 Today, in the absence of clergy, 9 we will bow our heads for a moment of silent 10 prayer. 11 (Whereupon there was a moment of 12 silence. ) 13 The Secretary will begin by 14 reading the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, January 19. The Senate met pursuant to 17 adjournment. The Journal of Saturday, January 18 16, was read and approved. On motion, Senate 19 adjourned. 20 ACTING PRESIDENT FARLEY: Hearing 21 no objection, the Journal will stand approved as 22 read. 23 The order of business: 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 We will return to reports of 10 standing committees. 11 Secretary will read. 12 THE SECRETARY: Senator Kuhl from 13 the Committee on Agriculture reports the 14 following bills directly for third reading: 15 Senate Bill Number 534, by 16 Senator Kuhl and others, Agriculture and Markets 17 Law and the Environmental Conservation Law, in 18 relation to the donation of food. 19 535, by Senator Kuhl, Agriculture 20 and Markets Law, in relation to duties of the 21 Commissioner of Agriculture and Markets. 22 536, by Senator Kuhl and also 23 Senator Maltese, Agriculture and Markets Law, in 1 relation to exempting small amount rabbit and 2 bird producers. 3 537, by Senator Kuhl and others, 4 Agriculture and Markets Law, in relation to 5 exempting working search dogs for licensing 6 fees. 7 Senator Skelos from the Committee 8 on Aging reports directly for third reading: 9 Senate Bill Number 177, by 10 Senator Holland, an act to amend the Vehicle and 11 Traffic Law. 12 Also, Senate Bill Number 187, by 13 Senator Levy, an act to amend the Transportation 14 Law. 15 And Senate Bill Number 324, by 16 Senators levy and Hannon, authorizing the 17 Department of Transportation to survey areas of 18 the state. 19 Senator Goodman, from the 20 committee on Investigations, Taxation, and 21 Government Operations, reports the following 22 bills directly for third reading: 23 Senate Bill Number 65, by Senator 1 Volker, an act to amend the Tax Law, in relation 2 to the imposition of sales and use taxes by the 3 county of Erie. 4 572, by Senators Daly and 5 Nozzolio, an act to amend the Tax Law, in 6 relation to the sales and use taxes to be 7 imposed in the county of Monroe. 8 Senator Volker from the Committee 9 on Codes reports the following bills directly 10 for third reading: 11 Senate Bill Number 64, by Senator 12 Volker, an act to amend the Criminal Procedure 13 Law. 14 106, by Senator Halperin and 15 others, an act to amend the Penal Law. 16 152, by Senator Tully and others, 17 an act to amend the Criminal Procedure Law. 18 173, by Senator Tully and others, 19 an act to amend the Penal Law. 20 181, by Senator Volker, an act to 21 amend the Penal Law. 22 189, by Senator Farley, an act to 23 amend the Civil Rights Law. 1 205, by Senator Holland and 2 others, an act to amend the Criminal Procedure 3 Law. 4 207, by Senator Holland and 5 others, an act to amend the Penal Law. 6 211, by Senator Holland and 7 others, an act to amend the Penal Law. 8 239, by Senator Bruno and others, 9 an act to amend the Civil Rights Law. 10 233, by Senator Tully and others, 11 an act to amend the Criminal Procedure Law. 12 247, by Senator Volker, an act to 13 amend the Criminal Procedure Law. 14 364, by Senator Volker, an act to 15 amend the Penal Law. 16 406, by Senator Volker, an act to 17 amend the Criminal Procedure Law. 18 And Senate Bill Number 246, by 19 Senator Volker, an act to amend the Penal Law. 20 All bills reported directly for 21 third reading. 22 ACTING PRESIDENT FARLEY: Without 23 objection, all bills are reported directly for 1 third reading. 2 Motions and resolutions. Do we 3 have any? 4 SENATOR PRESENT: Mr. President. 5 ACTING PRESIDENT FARLEY: Senator 6 Present. 7 SENATOR PRESENT: I move we adopt 8 the resolution calendar that's on our desk. 9 ACTING PRESIDENT FARLEY: Senator 10 Paterson, do you wish to speak to that motion? 11 SENATOR PATERSON: Mr. 12 President. I would like to lay one resolution 13 aside, Resolution 213, commemorating the 14 birthday of Dr. Martin Luther King. It was 15 introduced by Senator Hoffmann. We would like 16 to wait a week to let Senator Hoffmann speak on 17 it. 18 ACTING PRESIDENT FARLEY: Without 19 objection, the resolution is laid aside, Senator 20 Hoffmann's Resolution 213. 21 On the motion to adopt the 22 resolution calendar. All those in favor say 23 aye. 1 (Response of "Aye.") 2 Those opposed, nay. 3 (There was no response. ) 4 The resolution calendar is 5 adopted. 6 SENATOR GOLD: Mr. President. 7 ACTING PRESIDENT FARLEY: Senator 8 Gold. 9 SENATOR GOLD: Thank you. Mr. 10 President, with the consent of the distinguished 11 Deputy Majority Leader who, by the way -- I want 12 to point out we started yesterday about ten 13 minutes late. Today, we started 10 minutes 14 late. And I think it's fabulous that we really 15 are getting this place going, Senator Present. 16 At any rate, with the consent of 17 the Deputy Majority Leader, I would like to 18 offer the following resolution and move its 19 adoption. This deals with our late colleague 20 and former very distinguished Justice of the 21 Supreme Court, Frank O'Connor. And anyone who 22 wants to co-sponsor it, I'm sure. 23 ACTING PRESIDENT FARLEY: 1 Secretary will read the title of the resolution. 2 Who is the sponsor of this, 3 Senator Gold? 4 SENATOR GOLD: I am the sponsor. 5 ACTING PRESIDENT FARLEY: Senator 6 Gold is the sponsor. It is open for co-sponsor 7 ship. 8 THE SECRETARY: Legislative 9 Resolution, by Senator Gold, expressing 10 sincerest sorrow upon the occasion of the death 11 of Frank D. O'Connor, former justice of the 12 Appellate Division, Second Department. 13 ACTING PRESIDENT FARLEY: On the 14 resolution. All in favor, say aye. 15 (Response of "Aye.") 16 Those opposed, nay. 17 (There was no response. ) 18 The resolution is adopted. 19 All members will be sponsors 20 without objection. 21 The resolution was adopted, 22 without objection. 23 Senator Present, do you care to 1 go to the third reading of that bill? What's 2 your pleasure. 3 SENATOR PRESENT: Let's go to the 4 one bill on the calendar. 5 ACTING PRESIDENT FARLEY: 6 Secretary will read the title to the bill that's 7 on the calendar today. 8 THE SECRETARY: Calendar Number 9 9, Senate Bill 65, by Senator Volker, reported 10 directly for third reading, an act to amend the 11 Tax Law, in relation to the imposition of sales 12 and use taxes by the county of Erie. 13 ACTING PRESIDENT FARLEY: Read 14 the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The secretary called the roll. ) 20 THE SECRETARY: Ayes 45. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 Senator Present, what is your 1 pleasure? 2 SENATOR PRESENT: Mr. President. 3 There being no further business, I move that we 4 adjourn until Monday, January 25, at 2:30 p.m., 5 intervening days being legislative days. 6 ACTING PRESIDENT FARLEY: The 7 Senate will stand adjourned until Monday at the 8 regular hour, intervening legislative days. 9 (Whereupon at 3: 19 p.m., Senate 10 adjourned. ) 11 12 13 14 15 16 17 18 19 20 21 22 23