Monday, January 24, 1994

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 24, 1994 11 3:14 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: Senate 3 will come to order. 4 All please rise to the Pledge of 5 Allegiance to the Flag. 6 (Whereupon, the Senate joined in 7 the Pledge of Allegiance to the Flag.) 8 In the absence of clergy, please 9 bow our heads for a moment of silence. 10 (Whereupon, there was a moment of 11 silence.) 12 Reading of the Journal. 13 THE SECRETARY: In Senate, 14 Friday, January 21. The Senate met pursuant to 15 adjournment. Senator Farley in the chair upon 16 designation of the Temporary President. The 17 Journal of Thursday, January 20, was read and 18 approved. On motion, Senate adjourned. 19 ACTING PRESIDENT SPANO: Hearing 20 no objection, the Journal stands approved as 21 read. 22 Presentation petitions. 23 Messages from the Assembly. 1 Messages from the Governor. 2 Reports of standing committees. 3 The Secretary will read. 4 THE SECRETARY: Senator Velella 5 from the Committee on Insurance reports the 6 following bills directly for third reading: 7 Senate Bill Number 2232B, by 8 Senator Velella, an act to amend the Insurance 9 Law. 10 Senate Bill Number 2599A, by 11 Senator Velella, an act to amend the Insurance 12 Law. 13 Senate Bill Number 3583A, by 14 Senator Velella and others, an act to amend the 15 Insurance Law. 16 3717A, by Senator Velella, an act 17 to amend the Insurance Law. 18 And Senate Bill Number 6398, by 19 Senator Velella, an act to amend the Insurance 20 Law, in relation to dental risk management 21 programs. 22 All bills reported directly for 23 third reading. 1 ACTING PRESIDENT SPANO: Without 2 objection, third reading. 3 SENATOR GOLD: Mr. President. 4 ACTING PRESIDENT SPANO: Senator 5 Gold. 6 SENATOR GOLD: On behalf of 7 Senator Solomon, and at the request of his 8 colleague from Brooklyn, Senator DiCarlo, I move 9 that the following bill be discharged from its 10 respective committee and be recommitted with 11 instructions to strike the enacting clause: 12 2685. 13 ACTING PRESIDENT SPANO: Senator 14 Wright. 15 SENATOR WRIGHT: Mr. President. 16 On behalf of Senator Bruno, I'd like to offer 17 the following amendments to the calendar. I 18 have several of them. 19 On page number 5, Calendar 40, 20 Senate 6300. 21 Page 4, Calendar Number 25, 22 Senate Print 1744A. 23 On page 4, Calendar 29, Senate 1 Print 4615A. 2 On page 4, Calendar 30, Senate 3 Print 4616A. 4 And, on page 4, Calendar 3 - 5 excuse me -- Calendar 31, Senate Print 4617A. 6 And I ask that the bills retain 7 their place on Third Reading Calendar. 8 Also, Mr. President, on behalf of 9 Senator Nozzolio, I would request, on page 5, 10 the following amendments to Calendar 36, Senate 11 Print Number 2507, and ask that the bill retain 12 its place on Third Reading Calendar. 13 ACTING PRESIDENT SPANO: Without 14 objection. 15 Any other motions, resolutions? 16 Substitutions? 17 Secretary will read. 18 THE SECRETARY: I don't have any. 19 ACTING PRESIDENT SPANO: Senator 20 Present, we're ready to begin the calendar. 21 SENATOR PRESENT: Mr. President. 22 Can we take up the noncontroversial calendar, 23 please. 1 ACTING PRESIDENT SPANO: 2 Secretary will read noncontroversial calendar. 3 THE SECRETARY: On page 4 of 4 today's calendar, Calendar Number 13, by Senator 5 Levy. 6 SENATOR GOLD: Lay it aside. 7 ACTING PRESIDENT SPANO: Lay it 8 aside. 9 SENATOR PRESENT: Lay it aside 10 for the day. 11 ACTING PRESIDENT SPANO: Lay it 12 aside for the day. 13 SENATOR GOLD: Lay it aside for 14 the week. 15 THE SECRETARY: Calendar Number 16 32, by Senator Levy. 17 SENATOR GOLD: Lay it aside. 18 ACTING PRESIDENT SPANO: Lay it 19 aside. 20 SENATOR GOLD: Actually, forget 21 about it. Last section. 22 ACTING PRESIDENT SPANO: Senator 23 Gold removes his objection to Calendar 32. 1 THE SECRETARY: Calendar Number 2 32, by Senator Levy, Senate Bill Number 67, an 3 act in relation to requiring the Department of 4 Motor Vehicles to inform the public of problems. 5 ACTING PRESIDENT SPANO: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SPANO: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 31. Nays 13 4. Senators Holland, Present, Rath and Wright 14 recorded in the negative. 15 ACTING PRESIDENT SPANO: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 33, by Senator Levy, Senate Bill Number 68, an 19 act to amend the Vehicle and Traffic Law. 20 ACTING PRESIDENT SPANO: Read the 21 last section. 22 THE SECRETARY: Section 2. 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 32. Nays 5 4. Senators Holland, Present, Rath and Wright 6 recorded in the negative. 7 ACTING PRESIDENT SPANO: The bill 8 is passed. 9 SENATOR LIBOUS: Mr. President. 10 ACTING PRESIDENT SPANO: Senator 11 Libous. 12 SENATOR LIBOUS: Could I have 13 unanimous consent to be recorded in the negative 14 on Calendar Number 32? 15 ACTING PRESIDENT SPANO: Without 16 objection. 17 SENATOR COOK: Mr. President. 18 ACTING PRESIDENT SPANO: Senator 19 Cook. 20 SENATOR COOK: Same request on 21 Number 32, please. 22 ACTING PRESIDENT SPANO: Without 23 objection. 1 Senator Kuhl. 2 SENATOR KUHL: Same request. 3 SENATOR FARLEY: (Indicating 4 "Nay.") 5 ACTING PRESIDENT SPANO: Senator 6 Farley same request. 7 SENATOR LARKIN: (Indicating 8 "Nay.") 9 ACTING PRESIDENT SPANO: Senator 10 Larkin in the negative. 11 THE SECRETARY: Calendar Number 12 34, by Senator Levy, Senate Bill Number 70, an 13 act to amend the Vehicle and Traffic Law. 14 ACTING PRESIDENT SPANO: Read the 15 last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT SPANO: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 45. 22 ACTING PRESIDENT SPANO: The bill 23 is passed. 1 THE SECRETARY: Calendar Number 2 35, by Senator LaValle, Senate Bill Number 610, 3 Vehicle and Traffic Law, in relation to traffic 4 control signal indicators. 5 ACTING PRESIDENT SPANO: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT SPANO: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 44. Nays 13 1. Senator Leichter recorded in the negative. 14 THE SECRETARY: Calendar Number 15 38, by Senator Skelos, Senate Bill Number 4434, 16 an act to amend the Vehicle and Traffic Law. 17 ACTING PRESIDENT SPANO: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SPANO: Call the 22 roll. 23 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 45. 2 ACTING PRESIDENT SPANO: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 39, by Senator Libous, Senate Bill Number 4489, 6 Vehicle and Traffic Law, in relation to 7 increasing the amount of the fine imposed for 8 illegally parking. 9 ACTING PRESIDENT SPANO: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT SPANO: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 43. Nays 17 2. Senators DiCarlo and Kuhl recorded in the 18 negative. 19 ACTING PRESIDENT SPANO: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 42, by Senator Tully, Senate Bill Number 234, an 23 act to amend the Penal Law. 1 ACTING PRESIDENT SPANO: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT SPANO: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 45. 9 ACTING PRESIDENT SPANO: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 43, by Senator Saland, Senate Bill Number 888, 13 an act to amend the Penal Law. 14 ACTING PRESIDENT SPANO: Read the 15 last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT SPANO: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 45. 22 ACTING PRESIDENT SPANO: The bill 23 is passed. 1 THE SECRETARY: Calendar Number 2 44, by Senator Tully, Senate Bill Number 1243A, 3 an act to amend the Penal Law. 4 ACTING PRESIDENT SPANO: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SPANO: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 45. 12 ACTING PRESIDENT SPANO: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 45, by Senator Saland, Senate Bill Number 1554, 16 an act to amend the Criminal Procedure Law. 17 ACTING PRESIDENT SPANO: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SPANO: Call the 22 roll. 23 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 45. 2 ACTING PRESIDENT SPANO: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 46, by Senator Lack, Senate Bill Number 2123, an 6 act to amend the Penal Law. 7 ACTING PRESIDENT SPANO: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SPANO: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 45. 15 ACTING PRESIDENT SPANO: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 48, by Senator Johnson, Senate Bill Number - 19 SENATOR STACHOWSKI: Lay it 20 aside. 21 ACTING PRESIDENT SPANO: Lay it 22 aside. 23 THE SECRETARY: Calendar Number 1 49, by Senator Marino - 2 SENATOR STACHOWSKI: Lay it 3 aside. 4 THE SECRETARY: -- Senate Bill 5 Number 3237A. 6 ACTING PRESIDENT SPANO: Lay it 7 aside. 8 THE SECRETARY: Calendar Number 9 50, by Senator Volker, Senate Bill Number 3866, 10 Criminal Procedure Law, in relation to the 11 definition of child witness. 12 ACTING PRESIDENT SPANO: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT SPANO: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 45. 20 ACTING PRESIDENT SPANO: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 51, by Senator Volker, Senate Bill Number 4091, 1 an act to amend the Penal Law, in relation to 2 assault in the second degree. 3 ACTING PRESIDENT SPANO: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT SPANO: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 45. 11 ACTING PRESIDENT SPANO: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 52, by Senator Libous, Senate Bill Number 4891, 15 an act to amend the Penal Law. 16 SENATOR LEICHTER: Lay it aside. 17 ACTING PRESIDENT SPANO: Lay it 18 aside. 19 SENATOR PRESENT: Lay it aside 20 for the day. 21 ACTING PRESIDENT SPANO: Lay 22 Senator Libous bill aside for the day. 23 THE SECRETARY: Calendar Number 1 53, by Senator DiCarlo, Senate Bill Number 6380, 2 act to amend the Criminal Procedure Law and the 3 Penal Law, in relation to felony sex offenses. 4 ACTING PRESIDENT SPANO: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT SPANO: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 45. 12 ACTING PRESIDENT SPANO: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 56, by Senator Maltese, Senate Bill Number 3799, 16 an act to amend the Executive Law. 17 ACTING PRESIDENT SPANO: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT SPANO: Call the 22 roll. 23 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 45. 2 ACTING PRESIDENT SPANO: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 57, by Senator Skelos. 6 SENATOR STACHOWSKI: Lay it 7 aside. 8 ACTING PRESIDENT SPANO: Lay it 9 aside. 10 Senator Present, that completes 11 the noncontroversial calendar. 12 SENATOR LEICHTER: Mr. President. 13 ACTING PRESIDENT SPANO: Senator 14 Leichter. 15 SENATOR LEICHTER: Yes, just 16 before we do that, I think I was the only one 17 that had any objection to Calendar 52. I have 18 no problem with that bill if you want to call it 19 back up. That's Senator Libous' bill. 20 ACTING PRESIDENT SPANO: Senator 21 Libous, you indicated you wanted the bill laid 22 aside for the day. 23 SENATOR LIBOUS: If he doesn't 1 have any trouble with it, that's fine. 2 ACTING PRESIDENT SPANO: 3 Secretary will read Calendar 52. 4 THE SECRETARY: Calendar 52, by 5 Senator Libous, Senate Bill Number 4891, an act 6 to amend the Penal Law. 7 ACTING PRESIDENT SPANO: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT SPANO: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 45. 15 ACTING PRESIDENT SPANO: The bill 16 is passed. 17 Senator Present, that concludes 18 the noncontroversial calendar. 19 SENATOR PRESENT: Mr. President. 20 Let's take up the controversial calendar, 21 please. 22 ACTING PRESIDENT SPANO: 23 Secretary will read. 1 THE SECRETARY: On page 6, 2 Calendar Number 48, by Senator Johnson, Senate 3 Bill Number 3059, an act to amend the Penal Law, 4 in relation to chemical agents and chemical 5 agent weapons. 6 SENATOR JOHNSON: Lay it aside. 7 ACTING PRESIDENT SPANO: Lay it 8 aside at the request of the sponsor. 9 THE SECRETARY: Calendar Number 10 49, by Senator Marino, Senate Bill Number 3237A, 11 an act to amend the Criminal Procedure Law. 12 SENATOR PRESENT: Lay it aside. 13 ACTING PRESIDENT SPANO: Lay it 14 aside. 15 THE SECRETARY: Calendar Number 16 57, by Senator Skelos, Senate Bill Number 5321, 17 an act to amend the Correction Law and the 18 County Law. 19 SENATOR STACHOWSKI: Explanation. 20 SENATOR ONORATO: Explanation. 21 SENATOR PRESENT: Lay it aside 22 temporarily. 23 ACTING PRESIDENT SPANO: Lay 1 Calendar 57 aside. 2 Senator Nozzolio. 3 SENATOR NOZZOLIO: Mr. 4 President. I ask unanimous consent to be 5 recorded in the negative on Calendar Number 33. 6 THE SECRETARY: Calendar Number 7 33, Senator Nozzolio will be recorded in the 8 negative, without objection. 9 SENATOR NOZZOLIO: Yes, thank 10 you, Mr. President. 11 SENATOR SEWARD: Mr. President. 12 ACTING PRESIDENT SPANO: Senator 13 Seward. 14 SENATOR SEWARD: I ask unanimous 15 consent to be recorded in the negative on 16 Calendar Number 32 and 33. 17 ACTING PRESIDENT SPANO: Without 18 objection. 19 Senator DeFrancisco. 20 SENATOR DeFRANCISCO: I would 21 request the same unanimous consent to be 22 recorded in the negative on Calendar 32 and 33. 23 ACTING PRESIDENT SPANO: Without 1 objection. 2 Senator Maltese. 3 SENATOR MALTESE: Mr. President. 4 I ask unanimous consent to be recorded in the 5 negative on Calendar Number 32. 6 ACTING PRESIDENT SPANO: Without 7 objection. 8 SENATOR DALY: Mr. President. 9 ACTING PRESIDENT SPANO: Senator 10 Daly. 11 SENATOR DALY: May I have 12 unanimous consent to be voted in the negative on 13 Calendar Number 32, Print Number 67. 14 ACTING PRESIDENT SPANO: Without 15 objection. 16 SENATOR DALY: And also on 17 Calendar Number 33, Print 68. 18 ACTING PRESIDENT SPANO: Without 19 objection. 20 Senator Sears. 21 SENATOR SEARS: Mr. President. 22 Would you record me in the negative on Calendar 23 Number 33, please. 1 ACTING PRESIDENT SPANO: Without 2 objection. 3 Senator Saland. 4 SENATOR SALAND: Mr. President. 5 I, too, would like unanimous consent to be 6 recorded in the negative on Calendar Number 32. 7 ACTING PRESIDENT SPANO: 32, 8 without objection. 9 SENATOR SALAND: Thank you. 10 ACTING PRESIDENT SPANO: Senator 11 Present, with the exception of Calendar 57, that 12 completes the controversial calendar. 13 Senator Hoffmann. 14 SENATOR HOFFMANN: Mr. 15 President. I request unanimous consent to be 16 recorded in the negative on Calendar 32, 33 and 17 40. 18 ACTING PRESIDENT SPANO: Without 19 objection. 20 SENATOR HOFFMANN: Thank you. 21 ACTING PRESIDENT SPANO: Senator 22 Present. 23 SENATOR GOLD: Mr. President. 1 ACTING PRESIDENT SPANO: Can we 2 have some order in the chamber, please? 3 Excuse me, Senator Hoffmann. 4 Senator Hoffmann, Calendar Number 40 was not 5 passed. 6 SENATOR HOFFMANN: I was in error 7 on my request Calendar 40. 8 ACTING PRESIDENT SPANO: That 9 bill was amended previously. 10 SENATOR HOFFMANN: Thank you for 11 being so alert. 12 ACTING PRESIDENT SPANO: Senator 13 Gold. 14 SENATOR GOLD: Yes, I'm sorry I 15 was distracted. On Calendar Number 53, can we 16 have a party vote? In the affirmative. 17 (Laughter.) 18 Never mind. 19 ACTING PRESIDENT SPANO: I think 20 you're violating Rule 3, Senator Gold. 21 Senator Present. 22 SENATOR PRESENT: Mr. President. 23 There being no further business, I move that we 1 adjourn until tomorrow at 3:00 p.m. 2 ACTING PRESIDENT SPANO: Senate 3 will stand adjourned until tomorrow at 3:00 p.m. 4 (Whereupon, at 4:05 p.m., Senate 5 adjourned.) 6 7 8 9 10 11 12 13 14