Tuesday, January 11, 1994

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 11, 1994 11 3:32 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NICHOLAS A. SPANO, 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 SPANO: The 3 Senate will come to order. All please rise for 4 the Pledge of Allegiance to the Flag. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 In the absence of clergy, we will 8 please bow our heads for a moment of silence. 9 (A moment of silence was 10 observed.) 11 Reading of the Journal. 12 THE SECRETARY: In Senate, 13 Monday, January 10th, the Senate met pursuant to 14 adjournment, Senator Spano in the chair upon 15 designation of the Temporary President. The 16 Journal of Friday, January 7th, was read and 17 approved. On motion, Senate adjourned. 18 ACTING PRESIDENT SPANO: Hearing 19 no objection, the Journal stands approved as 20 read. 21 Presentations of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 1 Reports of standing committees. 2 Motions, resolutions. 3 Senator Kuhl. 4 SENATOR KUHL: Yes, Mr. 5 President. On behalf of Senator Volker, on page 6 number 4, I offer the following amendments to 7 Calendar Number 12, Senate Print 1137, and ask 8 that said bill retain its place on the Third 9 Reading Calendar. 10 ACTING PRESIDENT SPANO: So 11 ordered. 12 SENATOR KUHL: Also on behalf of 13 Senator Volker, I move that the following bill 14 be discharged from its respective committee and 15 be recommitted with instructions to strike the 16 enacting clause. That's Senate Print 1072A. 17 ACTING PRESIDENT SPANO: Without 18 objection. 19 Senator Kuhl. 20 SENATOR KUHL: Also, Mr. 21 President, on behalf of Senator Velella, I move 22 that the following bill be discharged from its 23 respective committee and be recommitted with 1 instructions to strike the enacting clause. 2 That's Senate Print 4048. 3 ACTING PRESIDENT SPANO: Without 4 objection. 5 SENATOR KUHL: Thank you. 6 ACTING PRESIDENT SPANO: Any 7 other motions, resolutions? 8 Senator Present. 9 SENATOR PRESENT: Mr. President, 10 I move we adopt the Resolution Calendar with the 11 exception of Resolution 2299. 12 ACTING PRESIDENT SPANO: On the 13 Resolution Calendar with the one exception. All 14 those in favor signify by saying aye. 15 (Response of "Aye".) 16 Opposed, nay. 17 (There was no response.) 18 Resolution Calendar is adopted. 19 Senator Present. 20 SENATOR PRESENT: Call up 21 Resolution 2299, please. 22 ACTING PRESIDENT SPANO: 23 Secretary will read. 1 THE SECRETARY: Legislative 2 Resolution 2299, by Senator DeFrancisco, 3 honoring Stewart F. Hancock, Jr., upon the 4 occasion of his retirement as an associate judge 5 with the New York State Court of Appeals. 6 WHEREAS Stewart F. Hancock, Jr., 7 associate judge of the New York State Court of 8 Appeals, has dedicated his life to the pursuit 9 of justice for the good of the people of our 10 state; 11 RESOLVED that we take this 12 opportunity to applaud Judge Hancock and to 13 thank him for his lifetime of unequaled 14 commitment to the people of Syracuse, Onondaga 15 County and all New York State, and 16 BE IT FURTHER RESOLVED that a 17 copy of this resolution, suitably engrossed, be 18 transmitted to Judge Stewart F. Hancock, Jr. 19 ACTING PRESIDENT SPANO: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: Yes, I 22 would just like to first open it up to everyone 23 for co-sponsorship and mention that Larraine 1 Hoffmann -- Senator Hoffmann -- brought this up 2 in the district, and I think she was intending 3 to also do a resolution, and I would open it up 4 for everyone in the chamber for co-sponsorship 5 and take this opportunity merely to state that 6 Stewart Hancock was one of the finest jurists 7 that this state has ever seen. Very proud that 8 he's from Onondaga County and has served well in 9 many capacities in Onondaga County, and I would 10 hope it won't be very long before we have 11 another Court of Appeals judge, no matter what 12 his race or ethnic background, or what her 13 ethnic race or background may be, representing 14 the area from east of Utica. Thank you. 15 ACTING PRESIDENT SPANO: Question 16 is on the resolution. All those in favor 17 signify by saying aye. 18 (Response of "Aye".) 19 THE SECRETARY: Opposed, nay. 20 (There was no response.) 21 Resolution is adopted. 22 THE SECRETARY: Reports of 23 standing committees. 1 ACTING PRESIDENT SPANO: Return 2 to reports of standing committees. Secretary 3 will read. 4 THE SECRETARY: Senator Cook, 5 from the Committee on Education, reports the 6 following bills directly for third reading: 7 Senate Bill Number 4739, by Senator Cook, an act 8 to amend the Education Law, in relation to 9 participation of Boards of Cooperative 10 Educational Services. 11 4787, by Senator Cook, Education 12 Law, in relation to procedures for the 13 submission of propositions in school district 14 meetings. 15 4795, by Senator Daly, an act to 16 amend the Education Law, in relation to the 17 required observance of Conservation Day. 18 5640, by Senator Cook, an act to 19 amend the Education Law, in relation to 20 providing shared legal services for Boards of 21 Cooperative Educational Services. 22 Senator Goodman, from the 23 Committee on Investigations, Taxation and 1 Government Operations, reports the following 2 bills directly for third reading. 3 Senate Bill Number 1050, by 4 Senator LaValle, an act to amend the Tax Law, in 5 relation to providing an exemption from the 6 payment of motor fuel tax. 7 Senate Bill 6351, by Senator 8 Volker, an act to amend the Tax Law, in relation 9 to the imposition of sales and use taxes by the 10 county of Erie. 11 Senate Bill Number 441B, by 12 Senator Stafford, an act to amend the Tax Law, 13 in relation to exempting volunteer fire 14 departments and companies and ambulance 15 companies from payment of the motor fuel tax. 16 All bills reported directly for third reading. 17 ACTING PRESIDENT SPANO: Without 18 objection, third reading. Senator Present. 19 SENATOR PRESENT: Mr. President, 20 can we take up the non-controversial calendar? 21 ACTING PRESIDENT SPANO: 22 Secretary will read the non-controversial 23 calendar. 1 THE SECRETARY: On page 4, 2 Calendar Number 1, by Senator Volker, Senate 3 Bill Number 64, an act to amend the Criminal 4 Procedure Law, in relation to permitting police 5 officers to give certain testimony. 6 SENATOR GOLD: Lay it aside. 7 ACTING PRESIDENT SPANO: Lay it 8 aside. 9 THE SECRETARY: Calendar Number 10 2, by Senator Tully, Senate Bill Number 1... 11 Senate Bill Number 173, an act to amend the 12 Penal Law. 13 ACTING PRESIDENT SPANO: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT SPANO: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 42, nays 2; 21 Senators DeFrancisco and Kuhl recorded in the 22 negative. 23 ACTING PRESIDENT SPANO: The bill 1 is passed. 2 THE SECRETARY: Calendar Number 3 4, by Senator Holland, Senate Bill Number 211, 4 an act to amend the Penal Law. 5 ACTING PRESIDENT SPANO: Lay it 6 aside. 7 THE SECRETARY: Calendar Number 8 6, by Senator Volker, Senate Bill Number 246A, 9 an act to amend the Penal Law, in relation to 10 the crime of false impersonation. 11 ACTING PRESIDENT SPANO: Read the 12 last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT SPANO: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 44. 19 ACTING PRESIDENT SPANO: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 7, by Senator Volker, Senate Bill Number 247, 23 Criminal Procedure Law, in relation to waiver of 1 immunity. 2 SENATOR GOLD: Lay it aside. 3 ACTING PRESIDENT SPANO: Lay it 4 aside. 5 THE SECRETARY: Calendar Number 6 8, by Senator Volker, Senate Bill Number 364, an 7 act to amend the Penal Law. 8 ACTING PRESIDENT SPANO: Read the 9 last section. 10 SENATOR GOLD: Lay it aside. 11 ACTING PRESIDENT SPANO: Lay it 12 aside. 13 THE SECRETARY: Calendar Number 14 9, by Senator Volker, Senate Bill Number 406. 15 SENATOR GOLD: Lay it aside. 16 ACTING PRESIDENT SPANO: Lay it 17 aside for the day. 18 THE SECRETARY: Calendar Number 19 10, by Senator Padavan, Senate bill Number 546, 20 Criminal Procedure Law, in relation to 21 permitting the people to appeal an unduly 22 lenient sentence. 23 SENATOR GOLD: Lay it aside. 1 ACTING PRESIDENT SPANO: Lay it 2 aside. 3 THE SECRETARY: Calendar number 4 13, by Senator Levy, Senate Bill Number 1313, an 5 act to amend the Penal Law. 6 ACTING PRESIDENT SPANO: Read the 7 last section. 8 SENATOR GOLD: Lay it aside. 9 ACTING PRESIDENT SPANO: Lay it 10 aside. 11 THE SECRETARY: Calendar Number 12 15, by Senator Daly, Senate Bill Number 624, an 13 act to amend the Public Authorities Law. 14 ACTING PRESIDENT SPANO: Lay it 15 aside. 16 THE SECRETARY: Calendar Number 17 16, by Senator Kuhl, Senate Bill Number 1846, an 18 act to amend the New York State Urban 19 Development Corporation Act. 20 ACTING PRESIDENT SPANO: Read the 21 last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 1 ACTING PRESIDENT SPANO: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 46. 5 ACTING PRESIDENT SPANO: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 17, by Senator Daly, Senate Bill Number 6222A, 9 an act to amend the Business Corporation Law. 10 ACTING PRESIDEND SPANO: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT SPANO: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 46. 18 ACTING PRESIDENT SPANO: The bill 19 is passed. 20 ACTING PRESIDENT SPANO: Senator 21 Stafford, that completes the non-controversial 22 calendar. Senator Present, sorry. 23 SENATOR PRESENT: I forgive you, 1 Mr. President. 2 On behalf of Senator Levy, I 3 would like to announce an immediate conference 4 of the Majority in Room 332, and I would like 5 the Senate to stand at ease. 6 ACTING PRESIDENT SPANO: Senate 7 will stand at ease. Majority conference in room 8 332. 9 (Whereupon, at 3:39 p.m., the 10 Senate stood at ease until 5:15 p.m.) 11 ACTING PRESIDENT SPANO: Senate 12 will come to order. Senator Present. 13 SENATOR PRESENT: Mr. President. 14 On behalf of Senator Volker, on page 4, I offer 15 the following amendments to Calendar Number 9, 16 Print 406, and ask that it retain its place on 17 the Third Reading Calendar. 18 ACTING PRESIDENT SPANO: Without 19 objection. 20 Senator Present. 21 SENATOR PRESENT: Mr. President, 22 there being no further business, I move we 23 adjourn until Tuesday, January 18th at 3:00 1 p.m., intervening days to be legislative days. 2 ACTING PRESIDENT SPANO: Senate 3 will stand adjourned. 4 (Whereupon, at 5:18 p.m., Senate 5 adjourned.) 6 7 8 9 10 11