Wednesday, May 26, 1993

4125 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 May 26, 1993 11 1:13 P.M. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STPHEN F. SLOAN, Secretary 20 21 22 23 4126 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. 4 If you will please join with me 5 in the Pledge of Allegiance to the Flag. 6 (Whereupon, the Senate joined in 7 the Pledge of Allegiance to the Flag. ) 8 Today, we're pleased to have with 9 us the Reverend Michael L. Palazzo of St. John's 10 Church in Mahopac, New York, for the opening 11 prayer. 12 REVEREND MICHAEL PALAZZO: Most 13 Holy Father, we are grateful to be gathering in 14 Your presence, to be given the trust of the 15 people to serve them and to guide them into the 16 future. 17 We pray for the deliberations 18 that take place this day. We ask Your continued 19 blessings upon all here in the Senate, and we 20 pray for their constituents and the good people 21 of the state of New York. 22 And we ask all this in Your 23 name. Amen. 4127 1 ACTING PRESIDENT FARLEY: The 2 Secretary will begin by reading the Journal. 3 THE SECRETARY: In Senate 4 Tuesday, May 25. The Senate met pursuant to 5 adjournment. Senator Farley in the chair upon 6 designation of the Temporary President. The 7 Journal of Monday, May 24, was read and 8 approved. On motion, Senate adjourned. 9 ACTING PRESIDENT FARLEY: Hearing 10 no objection, the Journal will stand an 11 approached as read. 12 The order of business: 13 Presentation of petitions. 14 Messages from the Assembly. 15 Messages from the Governor. 16 Reports of standing committees. 17 Reports of select committees. 18 Communications and reports from 19 state officers. 20 Motions and resolutions. 21 Senator Libous. 22 SENATOR LIBOUS: Thank you, Mr. 23 President. I would like to remove stars on my 4128 1 bills: Calendar Number 317, 494, 625, 686, 805, 2 827. 3 ACTING PRESIDENT FARLEY: Without 4 objection. 5 SENATOR LIBOUS: The lobbyists 6 will be at the door after they hear that. 7 ACTING PRESIDENT FARLEY: I see. 8 SENATOR LIBOUS: On page 36, I 9 offer the following amendments to Calendar 10 Number 805, Senate Print 2293, and ask that said 11 bill retain its place on the Third Reading 12 Calendar. 13 ACTING PRESIDENT FARLEY: So 14 ordered. 15 SENATOR LIBOUS: And, Mr. 16 President, on page 34, I offer the following 17 amendments to Calendar Number 625, Senate Print 18 Number 3815A, and ask that said bill retain its 19 place on the Third Reading Calendar. 20 ACTING PRESIDENT FARLEY: Bill 21 will retain its place. Thank you. 22 Senator Holland. 23 SENATOR HOLLAND: Mr. President, 4129 1 I'd like to remove the sponsor's star on my 2 bill, Calendar 441, Senate 464. 3 ACTING PRESIDENT FARLEY: Star is 4 removed at the request of the sponsor. 5 SENATOR HOLLAND: Also, I wish to 6 call up Senator Maltese's bill, Print Number 7 368, recalled from the Assembly, which is now at 8 the desk. 9 ACTING PRESIDENT FARLEY: 10 Secretary will read it. 11 THE SECRETARY: By Senator 12 Maltese, Senate Bill Number 368, an act to amend 13 the Real Property Tax Law. 14 SENATOR HOLLAND: Mr. President, 15 I now move to reconsider the vote by which this 16 bill was passed. 17 ACTING PRESIDENT FARLEY: The 18 Secretary will call the roll on reconsideration. 19 (The Secretary called the roll on 20 reconsideration. ) 21 THE SECRETARY: Ayes 42. 22 ACTING PRESIDENT FARLEY: The 23 bill is before the house. 4130 1 SENATOR HOLLAND: Mr. President, 2 I now offer the following amendments. 3 ACTING PRESIDENT FARLEY: 4 Amendments received. The bill will retain its 5 place. 6 SENATOR HOLLAND: Mr. President, 7 also on page number 17, for Senator Levy, I 8 offer the following amendments on Calendar 9 Number 677, Senate Print Number 69B, and ask 10 that said bill resustain its place on the Third 11 Reading Calendar. 12 ACTING PRESIDENT FARLEY: The 13 bill will retain its place. 14 SENATOR HOLLAND: Also Mr. 15 President, on page number 28, for Senator 16 Farley, I offer the following amendments to 17 Calendar Number 884, Senate Print Number 2725, 18 and ask that the bill retain its place on the 19 Third Reading Calendar. 20 ACTING PRESIDENT FARLEY: It's 21 appreciated. The bill will retain its place. 22 Senator Gold. 23 SENATOR GOLD: Yes, Mr. 4131 1 President. On behalf of my very distinguished, 2 bright, intelligent and lovely colleague from 3 Brooklyn, Senator Montgomery, on page 22, I 4 offer the following amendments to Calendar 5 Number 776, Print Number 4129, ask that it 6 retain its place on the Third Reading Calendar, 7 and be passed unanimously upon its return from 8 the printer, which we hope will be soon. 9 ACTING PRESIDENT FARLEY: The 10 bill will retain its place on the Third Reading 11 Calendar. 12 Senator Larkin. 13 SENATOR LARKIN: Mr. President, 14 on behalf of Senator Skelos, would you please 15 place a sponsor star on Calendar Number 428, 16 Senate Print 3727, on page 10. 17 ACTING PRESIDENT FARLEY: Bill is 18 starred at the request of the sponsor. 19 Senator Present. 20 SENATOR PRESENT: Mr. President, 21 on behalf of Senator Stafford, I wish to call up 22 his bill, Print 2464, recalled from the Assembly 23 which is now at the desk. 4132 1 ACTING PRESIDENT FARLEY: 2 Secretary will read Senator Stafford's bill. 3 THE SECRETARY: By Senator 4 Stafford, Senate Bill Number 2464, authorize the 5 Fort Ann Central School District to finance the 6 accumulated deficit. 7 ACTING PRESIDENT FARLEY: Senator 8 Present. 9 SENATOR BRUNO: Mr. President, I 10 now move to reconsider the vote by which this 11 bill was passed. 12 ACTING PRESIDENT FARLEY: The 13 Secretary will call the roll on reconsideration. 14 (The Secretary called the roll on 15 reconsideration. ) 16 THE SECRETARY: Ayes 42. 17 ACTING PRESIDENT FARLEY: The 18 bill is before the house. 19 Senator Present. 20 SENATOR PRESENT: Mr. President, 21 I now offer the following amendments on behalf 22 of Senator Stafford. 23 ACTING PRESIDENT FARLEY: The 4133 1 amendments are received. The bill will retain 2 its place. 3 We have a substitution. Well, 4 we'll do the substitution, then we'll go to 5 Senator Saland. 6 THE SECRETARY: On page 36 of 7 today's calendar, Senator Saland moves to 8 discharge the Committee on Rules from Assembly 9 Bill Number 4856A, and substitute it for the 10 identical Third Reading 790. 11 ACTING PRESIDENT FARLEY: 12 Substitution is ordered. 13 Senator Saland. 14 SENATOR SALAND: Mr. President, I 15 would like to remove the star on Calendar Number 16 790 at this time. 17 ACTING PRESIDENT FARLEY: The 18 star is removed. 19 SENATOR SALAND: Thank you. 20 ACTING PRESIDENT FARLEY: 790. 21 Are there any other motions or things on the 22 floor? 23 Seeing none, Senator Present. 4134 1 SENATOR PRESENT: Mr. President, 2 go to non-controversial calendar, please. 3 ACTING PRESIDENT FARLEY: 4 Non-controversial. 5 THE SECRETARY: On page 4, 6 Calendar Number 82, by Senator Halperin, Senate 7 Bill Number 32A, an act to amend the Executive 8 Law, in relation to publication of certain 9 notices in the State Register. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 42. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 four-sixty... 22 SENATOR PRESENT: Lay it aside. 23 ACTING PRESIDENT FARLEY: Lay it 4135 1 aside for the day. 2 THE SECRETARY: Calendar Number 3 524, by Senator Pataki, Senate Bill Number 2682, 4 an act to amend the Vehicle and Traffic Law. 5 ACTING PRESIDENT FARLEY: There 6 is a home rule message here at the desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 42. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 555, by Senator Kuhl, Senate Bill Number 3282B, 18 an act to amend the General Municipal Law. 19 ACTING PRESIDENT FARLEY: Read 20 the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 4136 1 the roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 42. 4 ACTING PRESIDENT FARLEY: That 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 595, by Senator Kuhl, Senate Bill Number 2667A, 8 an act to amend the Navigation 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 44. 17 ACTING PRESIDENT FARLEY: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 664, by member of the Assembly Koppell, Assembly 21 Bill Number 6439, Civil Practice Law and Rules. 22 ACTING PRESIDENT FARLEY: Read 23 the last section. 4137 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT FARLEY: Call 4 the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 44. 7 ACTING PRESIDENT FARLEY: That 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 759, by Senator Skelos, Senate Bill Number 4434, 11 an act to amend the Vehicle and Traffic Law. 12 ACTING PRESIDENT FARLEY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 44. 20 ACTING PRESIDENT FARLEY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 813, by Senator Cook, Senate Bill Number 4936, 4138 1 an act to amend the Education Law, in relation 2 to shared services aid. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 44. 11 ACTING PRESIDENT FARLEY: That 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 825, by Senator Seward, Senate Bill Number 15 4055A, an act to amend the Real Property Law. 16 ACTING PRESIDENT FARLEY: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT FARLEY: Call 21 the roll. 22 (The Secretary called the roll. ) 23 THE SECRETARY: Ayes 44. 4139 1 ACTING PRESIDENT FARLEY: That 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 848, by Senator Levy, Senate Bill Number 5679, 5 an act to amend the Vehicle and Traffic Law. 6 ACTING PRESIDENT FARLEY: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT FARLEY: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 44. 14 ACTING PRESIDENT FARLEY: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 859, by Senator Volker, Senate Bill Number 18 3401A, an act to amend the Civil Practice Law 19 and Rules. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 4140 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 43, nays 1, 5 Senator Pataki recorded in the negative. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 881, by Senator Kuhl, Senate Bill Number 5222, 10 an act to amend the Agriculture and Markets Law. 11 ACTING PRESIDENT FARLEY: Read 12 the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 48. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 Senator Present, that's the first 22 time through. There's nothing else left. 23 SENATOR PRESENT: We're going to 4141 1 stand at ease for a while. 2 ACTING PRESIDENT FARLEY: We're 3 going to stand at ease for a while. The Senate 4 will stand at ease awaiting a Rules Committee. 5 (Whereupon, the Senate was at 6 ease. ) 7 ACTING PRESIDENT FARLEY: Senator 8 Present. 9 SENATOR PRESENT: Mr. President, 10 very shortly, there will be a Rules Committee 11 meeting, and two of the bills to be reported out 12 of that Rules Committee meeting will be voted on 13 this afternoon, 5769 and 5676. They will be 14 reported directly to third reading and adopted 15 this afternoon. 16 ACTING PRESIDENT FARLEY: I don't 17 know if I can remember those numbers, but there 18 will be two bills reported out of the Rules 19 Committee. 5759, is it? 20 SENATOR PRESENT: 5769. 21 ACTING PRESIDENT FARLEY: 5769. 22 SENATOR PRESENT: And 5676. 23 ACTING PRESIDENT FARLEY: 5676. 4142 1 They will be voted on today. 2 Senator Galiber. 3 SENATOR GALIBER: Yes, Mr. 4 President. Can I have unanimous consent to make 5 a statement in regard to a bill that was on the 6 other day. It has to do with Calendar Number 7 697, and it was a - 8 ACTING PRESIDENT FARLEY: Senator 9 Present, there seems to be no objection. Is 10 there an objection to him making a statement? 11 SENATOR PRESENT: I have no 12 objection. 13 SENATOR GALIBER: Thank you. It 14 is Senate Number 4637, and I would like the 15 record to reflect that if I had been present at 16 that time, I would have voted in the negative. 17 Thank you. 18 SENATOR PRESENT: You're welcome. 19 ACTING PRESIDENT FARLEY: The 20 record will so state, Senator Galiber. 21 Senator DeFrancisco. 22 SENATOR DeFRANCISCO: I would 23 request unanimous consent to be recorded in the 4143 1 negative on Calendar Number 859 that was just 2 voted on. 3 ACTING PRESIDENT FARLEY: Senator 4 DeFrancisco will be in the negative on Calendar 5 859. 6 (Whereupon, at 1:28 p.m., the 7 Senate was at ease. ) 8 (Whereupon, at 1:37 p.m., the 9 Senate reconvened. ) 10 ACTING PRESIDENT FARLEY: Senator 11 Libous. 12 SENATOR LIBOUS: Mr. President, 13 on behalf of Senator Farley, on page 28, I offer 14 the following amendments to Calendar Number 888, 15 Senate Print 4953, and ask that said bill retain 16 its place on Third Reading Calendar. 17 ACTING PRESIDENT FARLEY: Thank 18 you. The bill will retain its place on Third 19 Reading Calendar. 20 Senator Seward. 21 SENATOR SEWARD: Yes, Mr. 22 President. I would like to remove a sponsor 23 star on Calendar Number 623, Senate Print Number 4144 1 4076A. 2 ACTING PRESIDENT FARLEY: The 3 star is removed at the request of the sponsor. 4 Senator Gold. 5 SENATOR GOLD: Senator Seward 6 yield to a question? 7 SENATOR SEWARD: No, I will not 8 yield. 9 ACTING PRESIDENT FARLEY: He 10 won't yield. 11 (Whereupon, at 1:39 p.m., Senate 12 was at ease. ) 13 (The Senate reconvened briefly 14 with Senator Cook in the chair.) 15 ACTING PRESIDENT COOK: Senator 16 Present. 17 SENATOR PRESENT: There will be 18 an immediate meeting of the Rules Committee in 19 Room 332. 20 ACTING PRESIDENT COOK: Immediate 21 meeting of the Rules Committee in Room 332. 22 (Whereupon, at 2:54 p.m., Senate 23 reconvened with Senator Farley in the chair. ) 4145 1 ACTING PRESIDENT FARLEY: Senate 2 will come to order. 3 Senator Present. 4 SENATOR PRESENT: Mr. President, 5 can we return to reports of standing committees. 6 ACTING PRESIDENT FARLEY: We 7 certainly shall. There is a Rules report. The 8 Secretary will read it. 9 THE SECRETARY: Senator Marino, 10 from the Committee on Rules, reports the 11 following bills directly for third reading: 12 Senate Bill Number 3184, by 13 Senator Nozzolio, an act to amend the Election 14 Law, in relation to polling places for 15 physically disabled voters. 16 Senate Bill Number 3814, by 17 Senator Libous, an act to amend the Real 18 Property Tax Law, in relation to permitting 19 disabled persons to pay taxes on principal 20 residences, reported with amendments. 21 Senate Bill Number 4066, by 22 Senator Larkin, an act to amend the Real 23 Property Tax Law, in relation to improvements 4146 1 required by the Americans with Disabilities Act 2 of 1990. 3 4215A, by Senator Sears, an act 4 to amend the Tax Law, in relation to allowing 5 the deduction for gross income. 6 4762, by Senator Libous, an act 7 to amend the Economic Development Law. 8 Senate Bill 4881, by Senator 9 Libous, an act to amend the Education Law, 10 procedures for conducting impartial hearing for 11 students with disabilities. 12 5056, by Senator Libous, an act 13 to amend the Tax Law, authorizing a tax credit 14 for employing individuals with disabilities. 15 5372, by Senator Saland, an act 16 to amend the Town Law, in relation to 17 authorizing fire district commissioners to 18 establish user fees. 19 5439, by Senator Libous, an act 20 to amend the Vehicle and Traffic Law, design 21 specifications for repaved and repainted 22 handicapped parking spaces, reported with 23 amendments. 4147 1 Senate Bill Number 5676, by the 2 Committee on Rules, an act relation to 3 implementation of the terms of collective 4 agreements. 5 Also, Senate Bill Number 5769, by 6 Senator Trunzo and others, Civil Service Law and 7 the State Finance Law, in relation to 8 compensation. 9 All bills reported directly for 10 third reading. 11 ACTING PRESIDENT FARLEY: All 12 bills reported directly to third reading. 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 will you call up Calendar 915, please. 16 ACTING PRESIDENT FARLEY: 915. 17 Secretary will read it. 18 THE SECRETARY: Calendar Number 19 915, by Senator Trunzo, Senate Bill Number 5769, 20 an act to amend the Civil Service Law and the 21 State Finance Law, in relation to compensation 22 benefits. 23 SENATOR PRESENT: Mr. President, 4148 1 is there a message of necessity at the desk? 2 ACTING PRESIDENT FARLEY: There 3 is a message. 4 SENATOR PRESENT: I move we 5 accept the message. 6 ACTING PRESIDENT FARLEY: All in 7 favor of accepting the message, say aye. 8 (Response of "Aye.") 9 Those opposed, nay. 10 (There was no response. ) 11 The message is accepted. 12 Would you like the last section 13 read? 14 Read the last section. 15 THE SECRETARY: Section 2. 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 51. 21 ACTING PRESIDENT FARLEY: That 22 bill is passed. 23 Senator Present. 4149 1 SENATOR PRESENT: Mr. President, 2 call up Calendar 925, please. 3 ACTING PRESIDENT FARLEY: 4 Secretary will call up 925. There is a 5 substitution. Read the substitution. 6 THE SECRETARY: Senator Stafford 7 moves to discharge the Committee on Finance from 8 Assembly Bill Number 7616 and substitute it for 9 the identical Third Reading 925. 10 ACTING PRESIDENT FARLEY: 11 Substitution is ordered. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT FARLEY: Call 16 the roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 51. 19 ACTING PRESIDENT FARLEY: The 20 bill is passed. 21 We have two substitutions. 22 THE SECRETARY: On page 14 of 23 today's calendar, Senator Nozzolio moves to 4150 1 discharge the Committee on Rules from Assembly 2 Bill Number 5401A and substitute it for the 3 identical Third Reading 583. 4 ACTING PRESIDENT FARLEY: 5 Substitution is ordered. 6 THE SECRETARY: On page 23, 7 Senator Saland moves to discharge the Committee 8 on Rules from Assembly Bill Number 5789A and 9 substitute it for the identical Third Reading 10 791. 11 ACTING PRESIDENT FARLEY: 12 Substitution is ordered. 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 there being no further business, I move we 16 adjourn until Tuesday, June 1st, at 2:30 p.m., 17 intervening days to be legislative days. 18 ACTING PRESIDENT FARLEY: The 19 Senate will stand adjourned until Tuesday at 20 2:15 p.m., intervening legislative days. 21 (Whereupon, at 2:58 p.m., the 22 Senate adjourned. ) 23