Wednesday, March 9, 1994

1122 1 2 3 4 5 6 ALBANY, NEW YORK 7 March 9, 1994 8 11:33 a.m. 9 10 11 REGULAR SESSION 12 13 14 15 SENATOR HUGH T. FARLEY, Acting President 16 STEPHEN F. SLOAN, Secretary 17 18 19 20 21 22 23 1123 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: The 3 Senate will come to order. Senators will please 4 find their seats. Please rise for the Pledge of 5 Allegiance to the flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag. ) 8 Today, in the absence of clergy, 9 we'll bow our heads for a moment of silent 10 prayer. 11 (A moment of silence was 12 observed. ) 13 Secretary will begin by reading 14 the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, March 8th. The Senate met pursuant to 17 adjournment, Senator Farley in the Chair upon 18 designation of the Temporary President. Prayer 19 by the Reverend Peter G. Young of the Blessed 20 Sacrament Church of Bolton Landing. The Journal 21 of Monday, March 7th, was read and approved. On 22 motion, Senate adjourned. 23 ACTING PRESIDENT FARLEY: Hearing 1124 1 no objection, the Journal will stand approved as 2 read. 3 The order of business: 4 Presentation of petitions. 5 Messages from the Assembly. 6 Messages from the Governor. 7 Reports of standing committees. 8 Reports of select committees. 9 Communications and reports from 10 state officers. 11 Motions and resolutions. 12 Secretary will read a substitution. 13 THE SECRETARY: On page 5 of 14 today's calendar, Senator Volker moves to 15 discharge the Committee on Transportation from 16 Assembly Bill Number 61 and substitute it for 17 the identical Calendar Number 321. 18 ACTING PRESIDENT FARLEY: 19 Substitution is ordered. 20 THE SECRETARY: Also on page 5 21 Senator Farley moves to discharge the Committee 22 on Education from Assembly Bill Number 8056, and 23 substitute it for the identical Calendar Number 1125 1 326. 2 ACTING PRESIDENT FARLEY: 3 Substitution is ordered. 4 THE SECRETARY: On page 10, 5 Senator Marchi moves to discharge the Committee 6 on Health from Assembly Bill Number 3254-A, and 7 substitute it for the identical Calendar Number 8 248. 9 ACTING PRESIDENT FARLEY: 10 Substitution is ordered. 11 No motions on the floor? 12 Senator Present. 13 SENATOR PRESENT: Mr. President, 14 let's take up the non-controversial calendar, 15 please. 16 ACTING PRESIDENT FARLEY: The 17 non-controversial. The Secretary will read, I 18 believe it's page 7, is it? 19 THE SECRETARY: On page 7, 20 Calendar Number 13, by Senator Levy. 21 SENATOR GOLD: Lay it aside, 22 please. 23 ACTING PRESIDENT FARLEY: Laid 1126 1 aside. 2 THE SECRETARY: Calendar Number 3 88, by Senator - 4 SENATOR GOLD: Lay aside. 5 ACTING PRESIDENT FARLEY: Laid 6 aside. 7 THE SECRETARY: Calendar Number 8 141. 9 SENATOR GOLD: Lay aside, please. 10 ACTING PRESIDENT FARLEY: Laid 11 aside. 12 THE SECRETARY: Calendar Number 13 168. 14 SENATOR GOLD: Lay aside. 15 ACTING PRESIDENT FARLEY: Lay 16 aside. 17 THE SECRETARY: Calendar Number 18 242. 19 SENATOR GOLD: Lay it aside. 20 ACTING PRESIDENT FARLEY: Laid 21 aside. 22 THE SECRETARY: Calendar Number 23 259, by Senator Saland, Senate Bill Number 1552, 1127 1 an act to amend the Family Court Act and the 2 Criminal Procedure Law. 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 31. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 260, by Senator Farley. 15 ACTING PRESIDENT FARLEY: Read 16 the last section. 17 SENATOR GOLD: No, lay it aside. 18 ACTING PRESIDENT FARLEY: Lay it 19 aside. 20 THE SECRETARY: Senate Bill 21 Number -- Calendar Number 261, by Senator Daly, 22 Senate Bill Number 4583-B, an act to amend the 23 Real Property Law. 1128 1 SENATOR GOLD: Lay aside. 2 ACTING PRESIDENT FARLEY: Lay 3 that bill aside. 4 THE SECRETARY: Calendar Number 5 263, by Senator Padavan, Senate Bill Number 6 5080, Family Court Act, in relation to certain 7 records of juvenile delinquents. 8 SENATOR GOLD: Lay it aside 9 temporarily. 10 ACTING PRESIDENT FARLEY: Lay it 11 aside temporarily. 12 THE SECRETARY: Calendar Number 13 265, by Senator Levy, Senate Bill Number 1707, 14 an act in relation to requiring the Department 15 of Motor Vehicles to compile information on 16 driving while under the influence of drugs. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 SENATOR PRESENT: Lay it aside. 20 ACTING PRESIDENT FARLEY: Lay the 21 bill aside. 1707, Calendar 265. 22 THE SECRETARY: Calendar Number 23 279, by Senator Wright, Senate Bill Number 5944, 1129 1 an act to amend the Real Property Tax Law, in 2 relation to subjecting lands within the Tug Hill 3 region to taxation. 4 SENATOR GOLD: Lay it aside. 5 ACTING PRESIDENT FARLEY: Lay 6 that bill aside. 7 THE SECRETARY: Calendar Number 8 280, by Senator Marino. 9 SENATOR GOLD: Lay it aside, 10 please. 11 ACTING PRESIDENT FARLEY: Laid 12 aside. 13 THE SECRETARY: Calendar Number 14 281, by Senator Larkin, Senate Bill Number 6691, 15 establish a public library district in the town 16 of Esopus, Ulster County. 17 SENATOR PRESENT: Lay aside. 18 ACTING PRESIDENT FARLEY: Did 19 somebody say lay aside? 20 SENATOR GOLD: Lay aside. 21 ACTING PRESIDENT FARLEY: Laid 22 aside. 23 THE SECRETARY: Calendar Number 1130 1 287, by Senator Stafford, Senate Bill Number 2 4853, Environmental Conservation Law. 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 31. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 292, by Senator Volker, Senate Bill Number 15 181-A, an act to amend the Penal Law, in 16 relation to aggravated assault upon a federal 17 law enforcement officer. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 1131 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 33. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 SENATOR GOLD: Mr. President. 6 ACTING PRESIDENT FARLEY: Senator 7 Gold. 8 SENATOR GOLD: Yeah, could you 9 just recognize Senator Leichter? 10 ACTING PRESIDENT FARLEY: Senator 11 Leichter. 12 SENATOR LEICHTER: Thank you, Mr. 13 President. If I may have unanimous consent to 14 be recorded in the negative on Calendar Number 15 287, please. 16 ACTING PRESIDENT FARLEY: Without 17 objection. 18 SENATOR LEICHTER: Thank you. 19 THE SECRETARY: Calendar Number 20 293, by Senator Levy, Senate Bill Number 18 - 21 SENATOR GOLD: Lay it aside. 22 ACTING PRESIDENT FARLEY: Laid 23 aside. 1132 1 THE SECRETARY: Calendar Number 2 295, by Senator Tully, Senate Bill Number 776, 3 an act to amend the Penal Law, in relation to 4 the calculation of terms of imprisonment. 5 SENATOR GOLD: Yeah. Lay it 6 aside. 7 ACTING PRESIDENT FARLEY: Lay it 8 aside. 9 THE SECRETARY: Calendar Number 10 303, by Senator Lack, Senate Bill Number 6694, 11 an act to amend the Penal Law, in relation to 12 conditional sentencing. 13 ACTING PRESIDENT FARLEY: Read 14 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 34. 21 ACTING PRESIDENT FARLEY: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 1133 1 308, by Senator Saland, Senate Bill Number 2 766-B, Executive Law and the Education Law. 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 34. 11 ACTING PRESIDENT FARLEY: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 309, by Senator LaValle, Senate Bill Number 15 6681, amends Chapter 31 of the Laws of 1985, 16 amending the Education Law. 17 ACTING PRESIDENT FARLEY: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT FARLEY: Call 22 the roll. 23 (The Secretary called the roll. ) 1134 1 THE SECRETARY: Ayes 34. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 Senator Present, that's the first 5 time through. 6 SENATOR PRESENT: Mr. President, 7 I don't think there will be a second time 8 through. 9 Mr. President, I'd like to 10 announce there will be an immediate conference 11 of the Majority in Room 332. If there's no 12 housekeeping or other business - 13 ACTING PRESIDENT FARLEY: Are 14 there any motions on the floor? 15 SENATOR GOLD: No. 16 ACTING PRESIDENT FARLEY: We have 17 one housekeeping. 18 SENATOR GOLD: Hold it. 19 ACTING PRESIDENT FARLEY: What 20 have we have got? 21 THE SECRETARY: Senator Padavan, 22 could we see you for a second? 23 ACTING PRESIDENT FARLEY: Senator 1135 1 Padavan. 2 SENATOR PADAVAN: Mr. President, 3 Calendar Number 263, that bill was laid aside 4 yesterday for amendments which I believe are at 5 the desk. 6 ACTING PRESIDENT FARLEY: They 7 are here. 8 SENATOR PADAVAN: Move that these 9 amendments be accepted and the bill retain its 10 place. 11 ACTING PRESIDENT FARLEY: Without 12 objection, the amendments will be received and 13 the bill will retain its place on the Third 14 Reading Calendar. 15 SENATOR PADAVAN: Thank you, Mr. 16 President. 17 ACTING PRESIDENT FARLEY: Senator 18 Present. 19 SENATOR PRESENT: Mr. President, 20 there being no further business, I move that we 21 adjourn until Monday, March 14th at 3:00 p.m. 22 ACTING PRESIDENT FARLEY: The 23 Senate will stand adjourned until Monday at 3:00 1136 1 p.m., intervening days will be legislative 2 days. There's an immediate conference of the 3 Majority in Room 332. 4 (Whereupon at 11:43 a.m., the 5 Senate adjourned.) 6 7 8 9 10 11 12 13 14 15 16