Monday, February 1, 1993

1 2 3 4 5 6 7 ALBANY, NEW YORK 8 February 1, 1993 9 2:56 p.m. 10 11 12 REGULAR SESSION 13 14 15 16 SENATOR HUGH T. FARLEY, Acting President 17 STEPHEN F. SLOAN, Secretary 18 19 20 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: The 3 Senate will come to order. If you will please 4 join with me with the Pledge of Allegiance to 5 the Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 Today we're pleased to have with 9 us the Rabbi Dr. Samuel I. Cohen, of Lawrence, 10 New York. He's the executive vice-president for 11 the Jewish National Fund for the past 16 years. 12 Rabbi Cohen. 13 RABBI COHEN: Our Father in 14 heaven above. Hear our voice, Lord, our God. 15 We pray first for peace in the world. We pray 16 for the well-being, fortitude and continuing 17 wisdom of the President of the United States, 18 Bill Clinton, and all of his advisers. We pray 19 for peace in the Holy Land, and the end to the 20 senseless terror of its citizens. It is our 21 fervent hope and prayer that government, armies 22 and people of the state of Israel, and her 23 allies and neighbors be blessed with days and 1 nights and sabbaths of peace and tranquility. 2 On the occasion of the 45th 3 anniversary of the establishment of the proud 4 state of Israel, on the occasion of the historic 5 91st anniversary of the establishment of the 6 Jewish National Fund, the Keren Kayemeth 7 Leisrael, now being celebrated in every Jewish 8 community in the world; and on the occasion of 9 Tu B'Shevat, the 15th day in the Hebrew month of 10 Shevat, Jewish Arbor Day, which will occur this 11 year on Saturday, February 6th, hallowed 12 according to ancient Jewish tradition as the New 13 Year for Trees, I know that everyone here as 14 sembled joins in this prayer of thanksgiving and 15 hope for peace. 16 People of all religious faiths 17 have reason and cause to honor and celebrate 18 Israel as a fulfillment of Biblical and 19 prophetic assurances. We join in the prayer for 20 peace for Israel and all of mankind. More than 21 200 million trees have been planted in Israel by 22 the Jewish National Fund, giving life and beauty 23 to the land, benefiting and enriching all of its 1 Jewish and Christian and Moslem inhabitants - 2 trees of life and hope and sustenance. 3 We thank you, Lord, for the 4 miracles and for the redemption of our land and 5 our people. O, Lord, unite our hearts to love 6 and revere Thy name. Shine forth in Thy 7 glorious majesty over all the inhabitants of the 8 world and let everyone proclaim "the Lord God of 9 Israel is king and his majesty rules over all 10 and forever." And may we very soon enjoy the 11 results of a true and lasting peace. Shalom. 12 Amen. 13 ACTING PRESIDENT FARLEY: The 14 Secretary will begin by reading the Journal. 15 THE SECRETARY: In Senate, 16 Friday, January 29th. The Senate met pursuant 17 to adjournment, Senator Bruno in the Chair upon 18 designation of the Temporary President. The 19 Journal of Thursday, January 28th, was read and 20 approved. On motion, Senate adjourned. 21 ACTING PRESIDENT FARLEY: Hearing 22 no objection, the Journal will stand approved as 23 read. 1 The order of business: 2 Presentation of petitions. 3 Messages from the Assembly. 4 Messages from the Governor. 5 Reports of standing committees. 6 Reports of select committees. 7 Communications and reports from 8 state officers. 9 Motions and resolutions. We have 10 some. 11 Senator Halperin, do you have a 12 motion? 13 SENATOR HALPERIN: Yes. Mr. 14 President, I wish to call up my bill, Print 15 Number 106, which is Calendar Number 12, 16 recalled from the Assembly which is now at the 17 desk. 18 ACTING PRESIDENT FARLEY: 19 Secretary will read the bill. 20 THE SECRETARY: By Senator 21 Halperin, Senate Bill Number 106, an act to 22 amend the Penal Law. 23 SENATOR HALPERIN: Mr. President, 1 I now move to reconsider the vote by which this 2 bill was passed. 3 ACTING PRESIDENT FARLEY: 4 Secretary will call the roll on 5 reconsideration. 6 (The Secretary called the roll on 7 reconsideration. ) 8 THE SECRETARY: Ayes 35. 9 ACTING PRESIDENT FARLEY: Senator 10 Halperin. 11 SENATOR HALPERIN: Mr. President, 12 I now offer the following amendments. 13 ACTING PRESIDENT FARLEY: 14 Amendments received. The bill will retain its 15 place. 16 Do we have any other motions on 17 the floor? Seeing none, we have an immediate 18 resolution we'd like to pass if we might, 19 Senator Present. 20 THE SECRETARY: Legislative 21 Resolution, by Senator Johnson, paying tribute 22 to Charles Gandolfo, immediate past president 23 and Anthony Cosimento, Lodge Number 2612, Order 1 of Sons of Italy in America, upon the occasion 2 of a testimonial dinner in his honor on February 3 5th, 1993. 4 ACTING PRESIDENT FARLEY: On the 5 resolution, all in favor, say aye. 6 (Response of "Aye.") 7 Those opposed nay. 8 (There was no response. ) 9 The resolution is adopted. 10 Senator Present, we're ready for 11 the Calendar. What's your pleasure? 12 SENATOR PRESENT: Mr. President, 13 may we take up the non-controversial bills. 14 ACTING PRESIDENT FARLEY: 15 Non-controversial, the Secretary will read. 16 THE SECRETARY: On page 4, 17 Calendar Number 4, by Senator Kuhl, Senate Bill 18 Number 536, an act to - 19 SENATOR GOLD: Lay aside. 20 ACTING PRESIDENT FARLEY: Lay 21 that bill aside. 22 THE SECRETARY: Calendar Number 23 25, by Senator Volker, Senate Bill Number 246-A, 1 an act to amend the Penal Law. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the 1st day of 6 January. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 35. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 27, by Senator Levy, Senate Bill Number 67, an 15 act in relation to requiring the Department of 16 Motor Vehicles to inform the public of 17 problems. 18 SENATOR PRESENT: Lay that aside, 19 please. 20 ACTING PRESIDENT FARLEY: Lay 21 that bill aside. 22 THE SECRETARY: Calendar Number 23 28, by Senator Levy, Senate Bill Number 70, an 1 act to amend the Vehicle and Traffic Law, in 2 relation to penalties. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the 90th day. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 36. 11 ACTING PRESIDENT FARLEY: That 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 29, by Senator Levy, Senate Bill Number 192, an 15 act to amend the Highway Law, in relation to 16 making the cost of structural integrity. 17 ACTING PRESIDENT FARLEY: There 18 is a local fiscal impact note here at the desk. 19 You can read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 1st day of 22 September. 23 ACTING PRESIDENT FARLEY: Call 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 36. 4 ACTING PRESIDENT FARLEY: That 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 32, by Senator LaValle, Senate Bill Number 577, 8 an act to amend the Correction Law. 9 ACTING PRESIDENT FARLEY: Read 10 the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT FARLEY: Call 14 the roll. 15 (The Secretary called the roll. ) 16 THE SECRETARY: Ayes 36. 17 ACTING PRESIDENT FARLEY: That 18 bill is passed. 19 That's the first time through, 20 Senator Present. Shall we go to controversial? 21 SENATOR PRESENT: Try it. 22 ACTING PRESIDENT FARLEY: 23 Secretary will read the controversial. 1 THE SECRETARY: On page 4, 2 Calendar Number 4, by Senator Kuhl, Senate Bill 3 Number 536, an act to amend the Agriculture and 4 Markets Law. 5 SENATOR GOLD: Explanation. 6 ACTING PRESIDENT FARLEY: 7 Explanation has been asked for. Lay that bill 8 aside. 9 THE SECRETARY: Calendar Number 10 27, by Senator Levy, Senate Bill Number 67, an 11 act in relation to requiring the Department of 12 Motor Vehicles to inform the public of problems 13 associated with night time driving. 14 ACTING PRESIDENT FARLEY: Read 15 the last section. 16 THE SECRETARY: Section 3. This 17 act - 18 SENATOR GOLD: Lay that aside for 19 the afternoon, please. 20 ACTING PRESIDENT FARLEY: Lay it 21 aside. 22 That concludes the Calendar. 23 Senator Present. 1 SENATOR PRESENT: Mr. President, 2 on behalf of Senator Goodman, I'd like to call 3 an immediate meeting of the Investigations, 4 Taxation and Government Operations Committee in 5 Room 332. We will be in recess awaiting the 6 committee's report. The bill that is to be 7 reported from that committee will be on third 8 reading for tomorrow's calendar. 9 Following that report of that 10 committee, we will adjourn for the day. 11 ACTING PRESIDENT FARLEY: All 12 right. There will be an immediate meeting of 13 the Investigations Committee in Room 332. 14 Following that meeting, a bill will be reported 15 directly to third reading and the Senate will 16 adjourn at that time. In the meantime, we're in 17 recess. 18 (The Senate stood in recess from 19 3:06 p.m. to 3:20 p.m.) 20 ACTING PRESIDENT LARKIN: The 21 Senate will be in order. 22 Senator Present. 23 SENATOR PRESENT: Mr. President, 1 is there a report from a standing committee at 2 the desk? 3 ACTING PRESIDENT LARKIN: Yes, 4 there is. 5 SENATOR PRESENT: May we have it 6 read, please. 7 ACTING PRESIDENT LARKIN: The 8 clerk will read. 9 THE SECRETARY: Senator Goodman, 10 from the Committee on Investigations, Taxation 11 and Government Operation, reports the following 12 bill: 13 Senate Bill Number 1224, by 14 Senator Cook, an act to amend the Tax Law, in 15 relation to sale and use taxes to be imposed in 16 the county of Greene, reported directly for 17 third reading. 18 ACTING PRESIDENT LARKIN: Without 19 objection, third reading. 20 Senator Present. 21 SENATOR PRESENT: Mr. President, 22 there being no further business, I move we 23 adjourn until tomorrow at 3:00 p.m. 1 ACTING PRESIDENT LARKIN: The 2 Senate is adjourned. 3 (Whereupon at 3:22 p.m., the 4 Senate adjourned. ) 5 6 7 8 9 10