Monday, March 21, 1994

1360 1 2 3 4 5 6 7 8 9 10 ALBANY, NEW YORK 11 March 21, 1994 12 3:41 p.m. 13 14 15 REGULAR SESSION 16 17 18 19 SENATOR HUGH T. FARLEY, Acting President 20 STEPHEN F. SLOAN, Secretary 21 22 23 1361 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. 4 Please rise for the Pledge of 5 Allegiance to the Flag. 6 (Whereupon, the Senate joined in 7 the Pledge of Allegiance to the Flag.) 8 Today, in the absence of visiting 9 clergy, we'll bow our heads for a moment of 10 silent prayer. 11 (Whereupon, there was a moment of 12 silence.) 13 Secretary will begin by reading 14 the Journal. 15 THE SECRETARY: In Senate, 16 Sunday, March 20. The Senate met pursuant to 17 adjournment. Senator Bruno in the chair upon 18 designation of the Temporary President. The 19 Journal of Saturday, March 19th, 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. 1362 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. 10 Senator Holland. 11 SENATOR HOLLAND: Mr. President. 12 I wish to call up my bill, Print Number 1775A, 13 recalled -- which is now at the desk. 14 ACTING PRESIDENT FARLEY: 15 Secretary will read Senator Holland's bill. 16 THE SECRETARY: By Senator 17 Holland, Senate Bill Number 1775A, an act to 18 amend the Social Services Law. 19 SENATOR HOLLAND: Mr. President. 20 I now move to reconsider the vote by which the 21 bill was passed. 22 ACTING PRESIDENT FARLEY: The 23 Secretary will call the roll on reconsideration. 1363 1 (The Secretary called the roll on 2 reconsideration.) 3 THE SECRETARY: Ayes 42. 4 ACTING PRESIDENT FARLEY: The 5 bill is before the house. 6 SENATOR HOLLAND: Mr. President. 7 I now offer the following amendments. 8 ACTING PRESIDENT FARLEY: 9 Amendments received. The bill will retain its 10 place. 11 SENATOR HOLLAND: For Senator 12 Cook, Mr. President, on page 19, I offer the 13 following amendments to Calendar Number 353, 14 Senate Print Number 6776, and ask that the said 15 bill retain its place on the Third Reading 16 Calendar. 17 ACTING PRESIDENT FARLEY: 18 Amendments received. The bill will retain its 19 place. 20 Senator Maltese. 21 SENATOR MALTESE: Mr. President. 22 On page number 18, I offer the following 23 amendments to Calendar Number 345, Senate Print 1364 1 Number 4917, and ask that said bill retain its 2 place on the Third Reading Calendar. 3 ACTING PRESIDENT FARLEY: Without 4 objection, the bill will retain its place. 5 Senator Johnson. 6 SENATOR JOHNSON: Mr. President. 7 On page 17, please star Calendar Number 311, 8 Print Number 3934. 9 ACTING PRESIDENT FARLEY: The 10 bill is starred at the request of the sponsor. 11 Senator Cook. 12 SENATOR COOK: Mr. President. 13 There will be an immediate meeting of the 14 Education Committee in the Majority Conference 15 Room. 16 ACTING PRESIDENT FARLEY: There 17 will be an immediate meeting of the Education 18 Committee in the Majority Conference Room, 332. 19 Any other motions on the floor? 20 (There was no response.) 21 Seeing none, Senator Present. 22 SENATOR PRESENT: Take up the 23 noncontroversial calendar, please. 1365 1 ACTING PRESIDENT FARLEY: 2 Secretary read the noncontroversial calendar, 3 page 13. 4 THE SECRETARY: On page 13, 5 Calendar Number 13, by Senator Levy. 6 SENATOR PRESENT: Lay it aside 7 for the day. 8 ACTING PRESIDENT FARLEY: Lay it 9 aside for today. 10 THE SECRETARY: Calendar Number 11 62, by Senator Velella. 12 SENATOR PRESENT: Lay it aside 13 for the day. 14 ACTING PRESIDENT FARLEY: Lay it 15 aside for the day. 16 THE SECRETARY: Calendar Number 17 88, by Senator Levy. 18 SENATOR PRESENT: Lay Calendar 88 19 aside for the day. 20 ACTING PRESIDENT FARLEY: Lay it 21 aside for the day. 22 THE SECRETARY: Calendar Number 23 258, by Senator Volker, Senate Bill Number 1366 1 1142A, an act to amend the Real Property Law. 2 SENATOR GOLD: Lay it aside. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside. 5 SENATOR GOLD: For the year. 6 THE SECRETARY: Calendar Number 7 265, by Senator Levy. 8 SENATOR PRESENT: Lay it aside 9 for the day please. 10 ACTING PRESIDENT FARLEY: Lay it 11 aside for the day. 12 THE SECRETARY: Calendar Number 13 270, by Senator Levy, Senate Bill Number 75, an 14 act to amend the Railroad Law. 15 SENATOR GOLD: Please lay that 16 aside. 17 ACTING PRESIDENT FARLEY: Lay 18 that aside. 19 THE SECRETARY: Calendar Number 20 275, by Member of the Assembly Pheffer, Assembly 21 Bill Number 1020A, an act to amend the Education 22 Law. 23 ACTING PRESIDENT FARLEY: Read 1367 1 the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT FARLEY: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 46. Nays 8 1. Senator Kuhl recorded in the negative. 9 ACTING PRESIDENT FARLEY: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 293, by Senator Levy. 13 SENATOR PRESENT: Lay it aside 14 for the day. 15 ACTING PRESIDENT FARLEY: Lay it 16 aside for the day. 17 THE SECRETARY: Calendar Number 18 336, by Senator Farley, Senate Bill Number 19 1617A, an act to amend the Election Law and the 20 State Finance Law. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 1368 1 act shall take effect immediately. 2 SENATOR LEICHTER: Lay it aside. 3 ACTING PRESIDENT FARLEY: Lay it 4 aside for Senator Leichter. 5 THE SECRETARY: Calendar Number 6 337, by Senator Larkin, Senate Bill Number 7 2233A. 8 SENATOR GOLD: Lay it aside. 9 ACTING PRESIDENT FARLEY: Lay it 10 aside. 11 THE SECRETARY: Calendar Number 12 342, by Senator Kuhl. 13 SENATOR GOLD: Lay it aside. 14 ACTING PRESIDENT FARLEY: Lay it 15 aside. 16 THE SECRETARY: Calendar Number 17 347, by Senator Trunzo, Senate Bill Number 6710, 18 Civil Service 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 1369 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 47. 4 ACTING PRESIDENT FARLEY: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 351, by Senator Velella, Senate Bill Number 8 6648, an act to amend the Insurance 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 47. 17 ACTING PRESIDENT FARLEY: The 18 bill is passed. 19 THE SECRETARY: Senator Present, 20 that's the first time through. 21 SENATOR PRESENT: Mr. President. 22 Let's take it a second time through on the 23 controversial calendar. 1370 1 ACTING PRESIDENT FARLEY: 2 Controversial, second time through. On page 13, 3 I believe, or is there anything left there? 4 We're on 14 now. 5 THE SECRETARY: On page 14, 6 Calendar Number 258, by Senator Volker, Senate 7 Bill Number 1142A, an act to amend the Real 8 Property Law, in relation to disclosure 9 obligations of real estate brokers and agents. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 SENATOR GOLD: Will Senator yield 15 to a question? 16 ACTING PRESIDENT FARLEY: Would 17 you yield to Senator Gold's question, Senator 18 Volker? 19 SENATOR VOLKER: Absolutely. 20 SENATOR GOLD: Senator, I notice 21 that there was a veto of a similar bill last 22 year. Is this the same bill that got vetoed? 23 SENATOR VOLKER: It is. There 1371 1 has been an amendment to this bill, 2 clarification of the bill. But in all honesty, 3 it is basically the same bill. We are trying 4 to -- we think think that the -- there was some 5 confusion when the bill was vetoed, and we hope 6 to see if we can make the Governor understand 7 the error of his ways. 8 ACTING PRESIDENT FARLEY: Senator 9 Gold. 10 SENATOR GOLD: Will Senator yield 11 on one more question? 12 ACTING PRESIDENT FARLEY: I'm 13 sure he will. 14 Senator Volker? 15 SENATOR GOLD: Are you kidding 16 me? Last section. 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.) 1372 1 THE SECRETARY: Ayes 48. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 270, by Senator Levy, Senate Bill Number 75, an 6 act to amend the Railroad Law. 7 SENATOR GOLD: Explanation. 8 ACTING PRESIDENT FARLEY: Lay it 9 aside. 10 SENATOR PRESENT: Lay it aside 11 temporarily. 12 ACTING PRESIDENT FARLEY: 13 Temporarily. 14 THE SECRETARY: Calendar Number 15 336, by Senator Farley, Senate Bill Number 16 1617A, an act to amend the Election Law and the 17 State Finance Law. 18 SENATOR GOLD: Senator Leichter 19 would like an explanation. 20 SENATOR LEICHTER: No objection. 21 ACTING PRESIDENT FARLEY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 1373 1 act shall take effect immediately. 2 ACTING PRESIDENT FARLEY: Call 3 the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 48. 6 ACTING PRESIDENT FARLEY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 337, by Senator Larkin, Senate Bill Number 10 2233A, an act to amend the Election Law. 11 ACTING PRESIDENT FARLEY: 12 Explanation. Senator Larkin. 13 SENATOR GOLD: Mr. President. 14 ACTING PRESIDENT FARLEY: Senator 15 Gold. 16 SENATOR GOLD: I would like to 17 just point out to the sponsor and the Majority 18 Leader that Senator Connor would very much like 19 to make some points on this bill; however, under 20 a schedule not negotiated with us and sort of 21 forced upon us, if we want to do cable shows as 22 our other members do, our times seem to be 23 slotted during sessions and Senator Connor will 1374 1 not be finished with his cable show for another 2 35, 40 minutes. So I would really not like to 3 have to stall this in any way, but I would urge 4 that if we are still in session we could handle 5 it then; otherwise, I would like it held or laid 6 aside for Senator Connor. 7 SENATOR LARKIN: Is he doing a 8 show tomorrow? 9 SENATOR GOLD: I don't think he 10 is doing a show tomorrow. It's a Democrat and 11 we don't get two days, Senator. 12 SENATOR LARKIN: Manny, I know 13 how that was. I served 12 years in the 14 Assembly. 15 SENATOR PRESENT: Lay the bill 16 aside. 17 ACTING PRESIDENT FARLEY: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 342, by Senator Kuhl, Senate Bill Number 3182, 21 an act to amend the Agriculture and Markets Law. 22 SENATOR GOLD: Explanation. 23 ACTING PRESIDENT FARLEY: 1375 1 Explanation. Senator Kuhl. 2 SENATOR KUHL: Tomorrow's 3 calendar, please. 4 ACTING PRESIDENT FARLEY: Lay it 5 aside. 6 We have a motion on the floor. 7 Senator Spano. 8 SENATOR SPANO: Thank you, Mr. 9 President. On your behalf, will you please 10 place a sponsor star on Senate Bill 342, 11 Calendar 127. 12 ACTING PRESIDENT FARLEY: Thank 13 you. Without objection. 14 Any other motions on the floor? 15 (There was no response.) 16 Seeing none, Senator Present. 17 SENATOR PRESENT: Mr. President. 18 Can we stand at ease to await the report from 19 the Education Committee. And if Joe has 20 something there - 21 ACTING PRESIDENT FARLEY: We have 22 some housekeeping. 23 We have a report right here from 1376 1 the Education Committee. Would you like that 2 read? 3 SENATOR PRESENT: Yes, please. 4 ACTING PRESIDENT FARLEY: 5 Secretary will read the report of the Education 6 Committee. 7 THE SECRETARY: Senator Cook from 8 the Committee on Education reports the following 9 bill directly for third reading: 10 Senate Bill Number 7131, by 11 Senator LaValle, an act to amend the Education 12 Law, in relation to the membership of the Board 13 of Cooperative Educational Services in certain 14 instances. 15 ACTING PRESIDENT FARLEY: Without 16 objection, all bills are reported to third 17 reading. 18 Looks like it, Senator Present. 19 SENATOR PRESENT: If there's no 20 further housekeeping, Mr. President, there being 21 no further business, I move that we adjourn 22 until tomorrow at 3:00 p.m. 23 ACTING PRESIDENT FARLEY: Senate 1377 1 will stand adjourned until tomorrow at the 2 regular hour. 3 (Whereupon, at 3:55 p.m. Senate 4 adjourned.) 5 6 7 8 9