Thursday, March 31, 1994

2098 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 31, 1994 11 1:06 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR STAN LUNDINE, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 2099 1 P R O C E E D I N G S 2 THE PRESIDENT: Senate will come 3 to order. The Senators will please find their 4 places. 5 I would like to ask everyone 6 present to rise and repeat the pledge of 7 allegiance with me. 8 (Whereupon, the Senate joined in 9 the Pledge of Allegiance to the Flag.) 10 Please be seated. 11 In the absence of clergy, may we 12 now bow our heads in a moment of silence. 13 (Whereupon, there was a moment of 14 silence.) 15 Secretary will read the Journal. 16 THE SECRETARY: In Senate, 17 Wednesday, March 30. The Senate met pursuant to 18 adjournment. Senator Spano in the chair upon 19 designation of the Temporary President. The 20 Journal of Tuesday, March 29, was read and 21 approved. On motion, Senate adjourned. 22 THE PRESIDENT: Hearing no 23 objection, the Journal stands approved as read. 2100 1 Presentation of petitions. 2 Messages from the Assembly. 3 Messages from the Governor. 4 Reports of standing committees. 5 Reports of select committees. 6 Communications and reports from 7 state officers. 8 Motions and resolutions. 9 Senator DiCarlo. 10 SENATOR DiCARLO: Mr. President. 11 On page 17, I offer the following amendments to 12 Calendar Number 401, Senate Print Number 6793, 13 and ask that said bill retain its place on the 14 Third Reading Calendar. 15 THE PRESIDENT: Without 16 objection, so ordered. 17 Secretary will read. 18 THE SECRETARY: On page 5 of 19 today's calendar, Senator Skelos moves to 20 discharge the Committee on Education from 21 Assembly Bill Number 9307, and substitute it for 22 the identical Calendar Number 480. 23 On page 7, Senator Lack moves to 2101 1 discharge the Committee on Judiciary from 2 Assembly Bill Number 9115, and substitute it for 3 the identical Calendar Number 492. 4 On page 8, Senator Maltese moves 5 to discharge the Committee on Codes from 6 Assembly Bill Number 1964, and substitute it for 7 the identical Calendar Number 500. 8 Also on page 8, Senator Volker 9 moves to discharge the Committee on Codes from 10 Assembly Bill Number 6875A, and substitute it 11 for the identical Calendar Number 501. 12 On page 9, Senator Maltese moves 13 to discharge the Committee on Crime Victims from 14 Assembly Bill Number 1168, and substitute it for 15 the identical Calendar Number 514. 16 Also on page 9, Senator Maltese 17 moves to discharge the Committee on Crime 18 Victims from Assembly Bill Number 9670, and 19 substitute it for the identical Calendar Number 20 517. 21 On page 10, Senator Levy moves to 22 discharge the Committee on Alcoholism and Drug 23 Abuse from Assembly Bill Number 1257A, and 2102 1 substitute it for the identical Calendar Number 2 522. 3 On page 19, Senator Velella moves 4 to discharge the Committee on Consumer 5 Protection from Assembly Bill Number 10158A, and 6 substitute it for the identical Calendar Number 7 463. 8 On page 20, Senator Lack moves to 9 discharge the Committee on Judiciary from 10 Assembly Bill Number 10159, and substitute it 11 for the identical Calendar Number 496. 12 Also on page 20, Senator Velella 13 moves to discharge the Committee on Corporations 14 from Assembly Bill Number 10036 and substitute 15 it for the identical Calendar Number 528. 16 THE PRESIDENT: Substitutions 17 ordered. 18 Senator Present. 19 SENATOR PRESENT: Mr. President. 20 I ask for unanimous consent that Calendar Number 21 517 be advanced from first report to third 22 reading. 23 THE PRESIDENT: Without 2103 1 objection. 2 SENATOR GOLD: You want it, you 3 got it. 4 THE PRESIDENT: So ordered. 5 SENATOR PRESENT: Mr. President. 6 Take up the noncontroversial calendar. 7 THE PRESIDENT: Secretary will 8 read. 9 THE SECRETARY: On page 14, 10 Calendar Number 277, by Senator Saland, Senate 11 Bill Number 1065A, an act to amend the General 12 Municipal Law and the Education Law. 13 SENATOR GOLD: Lay it aside. 14 THE PRESIDENT: The bill is laid 15 aside. 16 THE SECRETARY: On page 20, 17 Calendar Number 496, substituted earlier, by 18 Member of the Assembly Weinstein, Assembly Bill 19 Number 10159, an act to amend Chapter 502 of the 20 Laws of 1992, relating to certain non-judicial 21 officers and employees. 22 THE PRESIDENT: Read the last 23 section. 2104 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 47. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 526, by Senator Marino, Senate Bill Number 7239, 10 an act to amend the General Municipal Law, in 11 relation to the designation of Economic 12 Development Zones. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 47. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: On page 9, 23 advanced, earlier, to third reading, Third 2105 1 Reading Calendar Number 517, by Member of the 2 Assembly Feldman, substituted earlier today, 3 also, Assembly Bill 9670, an act to amend 4 Chapter 887 of the Laws of 1983, amending the 5 Correction Law. 6 THE PRESIDENT: Read the last 7 section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 THE PRESIDENT: Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 46. Nays 13 1. Senator Nozzolio recorded in the negative. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Page 20, Calendar 17 Number 528, substituted earlier today, by Member 18 of the Assembly Friedman, Assembly Bill Number 19 10036, an act to amend Chapter 499 of the Laws 20 of 1991. 21 SENATOR GOLD: Mr. President. 22 THE PRESIDENT: Senator Gold. 23 SENATOR GOLD: I hate to 2106 1 interrupt, but I see you with a pen in your 2 hand. Could we reconsider the vote on 526, when 3 it's appropriate. We can do it after this, but 4 I didn't want it signed and out of the house. 5 THE PRESIDENT: Last section on 6 528. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 48. 12 THE PRESIDENT: The bill is 13 passed. 14 THE PRESIDENT: 526. The 15 Secretary will call the roll on reconsideration. 16 (The Secretary called the roll on 17 reconsideration.) 18 THE SECRETARY: Ayes 48. 19 THE PRESIDENT: The bill is 20 reconsidered. 21 Senator Present. 22 SENATOR PRESENT: Mr. President. 23 I believe we have two bills on controversial 2107 1 calendar. 2 THE PRESIDENT: That's right. 3 SENATOR PRESENT: Can we take 4 those up? 5 THE PRESIDENT: That is correct. 6 Secretary will read. 7 THE SECRETARY: On page 14, 8 Calendar Number 277, by Senator Saland, Senate 9 Bill Number 1065A, General Municipal Law and the 10 Education Law. 11 SENATOR GOLD: Mr. President. 12 Most respectfully, give me one minute on this. 13 THE PRESIDENT: Yes. Before 14 that, there is a local fiscal impact note at the 15 desk. 16 SENATOR GOLD: Mr. President. 17 There are other members interested, also. If we 18 can get a short explanation from Senator Saland, 19 we would be very grateful. 20 THE PRESIDENT: Senator Saland. 21 SENATOR SALAND: I will endeavor, 22 Mr. President, to make it as short as I can to 23 the satisfaction of Senator Gold. 2108 1 Basically, this bill is a mandate 2 relief bill that says if the state wishes to 3 impose any type of a law or regulation that is 4 going cost any particular municipality or level 5 of municipal government or school district 6 $10,000 or more or collectively all of the 7 municipalities or school districts within that 8 classification $1 million or more, the state 9 would have to foot the bill, effectively 10 requiring the state to put its money where its 11 mouth is, so to speak. 12 SENATOR DOLLINGER: Mr. 13 President. 14 THE PRESIDENT: Senator 15 Dollinger. 16 SENATOR DOLLINGER: Mr. 17 President. Will Senator Saland yield to a 18 question? 19 SENATOR SALAND: Certainly, 20 Senator. 21 SENATOR DOLLINGER: I'm going to 22 vote in favor of this bill, but I am intrigued 23 by one thing. We passed two bills in the last 2109 1 two weeks. One that involved school bus 2 attendants, in which we mandated that school bus 3 attendants be subjected to criminal justice 4 checks, and we also passed a bill that required 5 process servicers -- police officers to serve 6 process for Family Court. 7 SENATOR SALAND: Mr. President. 8 May I just have a little bit of order over here. 9 THE PRESIDENT: Senator Saland's 10 point is well-taken. There will be order in the 11 chamber. 12 SENATOR SALAND: I heard the 13 first part about the school buses, and you were 14 saying something about - 15 SENATOR DOLLINGER: The second 16 bill was a bill that required police officers to 17 serve Family Court orders of protection. Both 18 of those bills imposed mandates on local 19 communities. Neither of them provided funding. 20 Are both of those bills inconsistent with the 21 bill that we're talking about today? 22 SENATOR SALAND: Both of those 23 bills are consistent with the policy that's 2110 1 heretofore been the policy of the Executive and 2 the Legislature. I'm attempting to change that 3 policy and forever more prevent that from 4 happening. That's really what this bill is all 5 about, Senator. 6 SENATOR DOLLINGER: Mr. 7 President. 8 THE PRESIDENT: Senator 9 Dollinger. 10 SENATOR DOLLINGER: Just on the 11 bill, Mr. President. 12 I appreciate Senator Saland's 13 candor in that. I agree we need a new 14 direction. I agree we need a new approach. It 15 seems to me that we haven't followed the wisdom 16 of this bill up to this very moment as we sit 17 here in this chamber. 18 We have passed unfunded mandates 19 this year. My guess is that even if this bill 20 passes this chamber, as I expect it will, that 21 sometime between now and July 1, July 2, July 5, 22 July 8, we may pass a couple unfunded mandates 23 too, because as Senator Levy, to his credit, 2111 1 said the school attendant bill had lots of good 2 reasons behind it; but, nonetheless, it was our 3 making a decision that local school districts 4 could have made. 5 In the case of the process 6 servers, it was a decision that we are imposing 7 upon a Family Court system and upon police 8 departments that, at least my sense is, they 9 could probably make that decision themselves. 10 But my hope is if this bill 11 passes that both sides of this house and perhaps 12 particularly the other side will not put any 13 more of those kinds of bills in front of us. 14 THE PRESIDENT: Last section. 15 Senator Gold. 16 SENATOR GOLD: Will Senator 17 Saland yield to a question? 18 SENATOR SALAND: Yes, Senator. 19 A little under the weather today, 20 Senator. 21 SENATOR GOLD: You are? I'm 22 sorry. 23 SENATOR SALAND: You sound a 2112 1 little under the weather today. 2 SENATOR GOLD: Actually, I did an 3 hour and a half of tennis and I feel pretty 4 good. 5 Senator, I'm trying to figure 6 out, philosophically, what we're trying to 7 accomplish because -- I mean I've got a number 8 of bills here -- 679, by Senator Saland, in 9 relation to transportation of nonpublic school 10 students, which I think is an unfunded mandate. 11 SENATOR SALAND: No, that's not, 12 Senator. 13 SENATOR GOLD: That's what I 14 wanted you to explain. 15 SENATOR SALAND: That bill 16 basically expands under what is the existing law 17 the ability for school districts -- I believe 18 there is provision in the Education Law for one 19 and a half miles to current 15 or 16 miles, and 20 that basically says that school districts can 21 continue to get state funding within the 22 parameters of that bill. It's been on the books 23 since the 1940s, I believe, those parameters. 2113 1 SENATOR GOLD: What about 666? 2 This one talks about requires testing of school 3 bus drivers in the use of controlled 4 substances. How does that fit in? 5 SENATOR SALAND: Well, that -- if 6 my memory serves me correctly, that bill makes 7 reference to an appropriation. 8 SENATOR GOLD: What about 943. 9 This one requiring boards of education to 10 provide transportation to all children living 11 more than one and a half miles from a school up 12 to a distance of 15. 13 SENATOR SALAND: Oh, I'm sorry. 14 I thought you were referring to that bill the 15 first time. That's the bill I was addressing 16 the first time. I'm sorry. 17 SENATOR GOLD: Well, Mr. 18 President, on the bill. 19 THE PRESIDENT: Senator Gold is 20 recognized. 21 SENATOR GOLD: Mr. President. 22 After consulting with the highest authorities 23 available, I am going to support the bill 2114 1 because, unquestionably, the bottom line 2 philosophy does make sense. 3 But I have in my hand Senator 4 Maltese bill 517, which, we passed today; 527, 5 by Senators Larkin and Libous, which I think is 6 still on the calendar; 235, by Senator Maltese; 7 64, by Senator Kuhl. 8 I got dozens here, which we 9 believe violate the philosophy of what this bill 10 is all about. And it's wonderful to put in 11 bills suggesting that we don't do this as far as 12 the localities are concerned, when 13 philosophically -- I mean we seem to put in the 14 same kind of bills when it deals with state 15 agencies, and we do it all the time. 16 You know, Senator Levy and I have 17 debates all the time as to whether or not the 18 state agency should have to be his research 19 resource in doing all of the reports he always 20 calls for which he puts in without funding. 21 But I think if this is philosophy 22 that we want to maintain as to our relationship 23 with other governmental bodies, I think it would 2115 1 be just as appropriate if we put those 2 constraints upon ourselves when we're dealing 3 with the state agencies. 4 THE PRESIDENT: Read the last 5 section. 6 THE SECRETARY: Section 4. This 7 act shall take effect April 1, 1995. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 54. 11 THE PRESIDENT: The bill is 12 passed. 13 SENATOR HOFFMANN: Mr. President. 14 THE PRESIDENT: Senator 15 Hoffmann. 16 SENATOR HOFFMANN: Senator 17 Dollinger just made a reference a few minutes 18 ago which reminded me that I had intended to 19 vote against a bill which passed when I was out 20 of the chamber about two weeks ago, Calendar 21 Number 88. Had I been present at that time, it 22 was my intention to vote in the negative. I 23 would like the record to so reflect. 2116 1 THE PRESIDENT: Without 2 objection, so ordered. 3 THE SECRETARY: On page 20, 4 Calendar Number 526, by Senator Marino, Senate 5 Bill Number 7239, an act to amend the General 6 Municipal Law. 7 SENATOR GOLD: Mr. President. 8 Could we get one day on this for Senator 9 Galiber? Would that be in line? 10 SENATOR PRESENT: Sure. 11 SENATOR GOLD: Pass it for the 12 day, please. 13 THE PRESIDENT: The bill is laid 14 aside. 15 SENATOR PRESENT: Mr. President. 16 THE PRESIDENT: Senator Present. 17 SENATOR PRESENT: So that 18 everyone can maybe adjust their schedules and 19 know a little bit what they are going to do in 20 the balance of the day, on behalf of Senator 21 Levy, I would like to announce there will be a 22 Republican Majority Conference at 3:30 in Room 23 332. 2117 1 And I now ask that the Senate 2 stand in recess until 7:00 p.m. 3 SENATOR GOLD: Mr. President. 4 Before you hit the gavel, on behalf of that 5 distinguished lady from the Bronx, Senator 6 Mendez, may I announce a Democratic Conference 7 at 7:00 p.m. promptly. 8 What? Well, you know, they also 9 want her in Manhattan and I think both counties 10 are blessed with that kind of representation. 11 SENATOR PATERSON: Mr. President. 12 THE PRESIDENT: Senator Paterson. 13 SENATOR PATERSON: Where is that 14 Republican conference meeting being held at 15 3:30. 16 SENATOR PRESENT: Room 332. 17 SENATOR PATERSON: Oh, thank 18 you. I will be there, because these people are 19 trying to figure out what boroughs they are 20 from. I thought maybe I could come over to that 21 meeting. 22 THE PRESIDENT: The Senate stands 23 in recess until 7:00 p.m. 2118 1 Senator Levy. Wait just one 2 second. 3 SENATOR LEVY: Mr. President. I 4 would like to reconsider the substitution on 5 Calendar 522. 6 THE PRESIDENT: Without 7 objection, so ordered. 8 Now, the Senate stands in recess 9 until 7:00 p.m. 10 (Whereupon, at 1:27 p.m., Senate 11 recessed.) 12 (Whereupon, at 10:57 p.m., Senate 13 reconvened.) 14 ACTING PRESIDENT FARLEY: Senate 15 will come to order. 16 Senator Present. 17 SENATOR PRESENT: Will you 18 recognize Senator Stafford please. 19 ACTING PRESIDENT FARLEY: Senator 20 Stafford. 21 SENATOR STAFFORD: Mr. 22 President. Could I please call an immediate 23 meeting of the Committee on Finance in Room 332. 2119 1 ACTING PRESIDENT FARLEY: 2 There'll be an immediate meeting of the 3 Committee on Finance in Room 332. 4 SENATOR PRESENT: Mr. President. 5 ACTING PRESIDENT FARLEY: Senator 6 Present. 7 SENATOR PRESENT: Senate will 8 stand at ease awaiting the report from that 9 committee. 10 ACTING PRESIDENT FARLEY: The 11 Senate will stand at ease awaiting the report of 12 the Finance Committee. 13 (Whereupon, at 10:57 p.m., Senate 14 was at ease.) 15 (Whereupon, at 11:15 p.m., Senate 16 reconvened.) 17 ACTING PRESIDENT FARLEY: Senate 18 will come to order. 19 Senator Present. 20 SENATOR PRESENT: Mr. President. 21 We will return to report of a standing 22 committee. 23 ACTING PRESIDENT FARLEY: Without 2120 1 objection, the Secretary will read the report of 2 a standing committee. 3 THE SECRETARY: Senator Stafford 4 from the Committee on Finance reports the 5 following bills directly for third reading: 6 Senate Bill Number 6450A, Senate 7 Budget Bill, making appropriations for the 8 support of government, State Operations Budget 9 Bill. 10 Also Senate Bill 7456, by the 11 Committee on Rules, an act in relation to 12 certain provisions with impact upon the 13 expenditures of certain appropriations. 14 Senate Bill Number 7457, by the 15 Committee on Rules, an act making an 16 appropriation for the support of government. 17 Senate Bill Number 7458, by the 18 Committee on Rules, an act to provide for 19 payments to municipalities and to providers of 20 medical services. 21 All bills reported directly for 22 third reading. 23 ACTING PRESIDENT FARLEY: All 2121 1 bills reported directly to third reading. 2 Senator Skelos for a motion. 3 SENATOR SKELOS: On behalf of 4 Senator Bruno, I move that his bill, Senate 5 Print Number 7016, be discharged from its 6 respected committee and be recommitted with 7 instructions to strike the enacting clause. 8 ACTING PRESIDENT FARLEY: Without 9 objection, the bill will be recommitted. 10 Senator Present. 11 SENATOR PRESENT: Mr. President. 12 May we call up Calendar 529. 13 ACTING PRESIDENT FARLEY: 14 Secretary will read 529. 15 THE SECRETARY: Calendar Number 16 529, Senate Budget Bill, Senate Bill Number 17 6450A, an act making appropriations for the 18 support of government. 19 ACTING PRESIDENT FARLEY: Senator 20 Present. 21 SENATOR PRESENT: Is there a 22 message of necessity at the desk? 23 ACTING PRESIDENT FARLEY: There 2122 1 is. 2 SENATOR PRESENT: I move that we 3 accept the message. 4 ACTING PRESIDENT FARLEY: All in 5 favor of accepting the message, say aye. 6 (Response of "Aye.") 7 Those opposed, nay. 8 (There was no response.) 9 The message is accepted. 10 SENATOR PRESENT: Let's have that 11 bill have its third reading at this time. 12 ACTING PRESIDENT FARLEY: Okay. 13 Secretary will read a substitution. 14 THE SECRETARY: Senator Stafford 15 moves to substitute Assembly Bill Number 9100A 16 for the identical Senate Calendar Number 529, 17 Senate Bill Number 6450A. 18 ACTING PRESIDENT FARLEY: 19 Substitution is ordered. 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT FARLEY: Call 2123 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 529 are Senators 5 Dollinger, Hoffmann, Jones, Nolan, and Pataki. 6 Ayes 54. Nays 5. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 Senator Present. 10 SENATOR PRESENT: Call up 11 Calendar 463, please. 12 ACTING PRESIDENT FARLEY: 463. 13 The Secretary will read. 14 THE SECRETARY: On page 19 of the 15 regular calendar of today, Calendar Number 463, 16 substituted earlier today, by Member of the 17 Assembly Dugan, Assembly Bill Number 10158A, an 18 act to amend the General Business Law and 19 Chapter 509 of the Laws of 1992. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 SENATOR LEICHTER: Explanation. 23 ACTING PRESIDENT FARLEY: 2124 1 Explanation. Senator Velella. 2 Senator Stafford, do you want to 3 explain this? 4 SENATOR PRESENT: Lay the bill 5 aside. 6 ACTING PRESIDENT FARLEY: Lay the 7 bill aside. 8 Read the last section of 463, by 9 Senator Velella. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 59. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 Senator Present. 19 SENATOR PRESENT: Mr. President. 20 I'm afraid that I'm going to ask that we stand 21 at ease awaiting messages. 22 ACTING PRESIDENT FARLEY: Senate 23 will stand at ease waiting for - 2125 1 (Whereupon, the Senate was at 2 ease.) 3 ACTING PRESIDENT FARLEY: Senator 4 Present. 5 SENATOR PRESENT: Mr. President. 6 ACTING PRESIDENT FARLEY: Senate 7 will come to order. 8 Senator Present. 9 SENATOR PRESENT: Mr. President. 10 I understand we have a further report from a 11 standing committee. 12 ACTING PRESIDENT FARLEY: Yes, we 13 do. 14 SENATOR PRESENT: May we have 15 that read. 16 ACTING PRESIDENT FARLEY: 17 Secretary will read the confirmation report. 18 THE SECRETARY: Senator Stafford 19 from the Committee on Finance reports the 20 following nominations: 21 Member of the Long Island State 22 Park, Recreation and Historic Preservation 23 Commission, Floyd S. Miller, of Miller Place; 2126 1 and also Frank Locorriere, of Miller Place. 2 Member of the Allegany State 3 Park, Recreation and Historic Preservation 4 Commission, J. Charles Shine of Wellsville. 5 Member of the Finger Lakes State 6 Park, Recreation and Historic Preservation 7 Commission, James W. Wyckoff, of Ovid. 8 Commissioner of the Ohio River 9 Valley Water Sanitation Commission, Thomas 10 Erlandson, Ph.D., of Lakewood. 11 Member of the Dormitory 12 Authority, Robin Farkas, of New York City. 13 Member of the Correction Medical 14 Review Board, Barbara C. Wolf, M.D., of 15 Voorheesville. 16 ACTING PRESIDENT FARLEY: On the 17 nominations, all in favor, say aye. 18 (Response of "Aye.") 19 Those opposed, nay. 20 (There was no response.) 21 The nominees are confirmed. 22 Senate will stand at ease, 23 Senator Present? 2127 1 SENATOR PRESENT: Yes. 2 (Whereupon, at 11:45 p.m., Senate 3 was at ease.) 4 (Whereupon, at 11:56 p.m., Senate 5 reconvened.) 6 ACTING PRESIDENT FARLEY: Senator 7 Present. 8 SENATOR PRESENT: I understand a 9 message has arrived. Can we take up Calendar 10 530. 11 ACTING PRESIDENT FARLEY: 12 Secretary will read 530. 13 THE SECRETARY: Calendar Number 14 530, by the Senate Committee on Rules, Senate 15 Print Number 7456, in relation to certain 16 provisions with the impact upon expenditures of 17 certain appropriations. 18 ACTING PRESIDENT FARLEY: Senator 19 Present. 20 SENATOR PRESENT: Mr. President. 21 Is there a message of necessity at the desk? 22 ACTING PRESIDENT FARLEY: There 23 is a message at the desk. 2128 1 SENATOR PRESENT: I move we 2 accept the message. 3 ACTING PRESIDENT FARLEY: All in 4 favor of accepting the message, say aye. 5 (Response of "Aye.") 6 Those opposed, nay. 7 (There was no response.) 8 The message is accepted. 9 You can read the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 57. Nays 2. 16 Senators Dollinger and Pataki recorded in the 17 negative. 18 SENATOR PRESENT: Stand at ease. 19 ACTING PRESIDENT FARLEY: Senator 20 Present. 21 SENATOR PRESENT: Mr. President. 22 Will you recognize Senator Pataki. 23 ACTING PRESIDENT FARLEY: Senator 2129 1 Pataki. 2 SENATOR PATAKI: Mr. President. 3 I would like unanimous consent to be recorded in 4 the affirmative on Senate 7456. 5 ACTING PRESIDENT FARLEY: Senator 6 Pataki will be in the affirmative on 7456. 7 ACTING PRESIDENT FARLEY: Senator 8 Hoffmann. 9 SENATOR HOFFMANN: Mr. 10 President. I would like to be recorded in the 11 negative on Calendar 530. 12 SENATOR PRESENT: No objection. 13 ACTING PRESIDENT FARLEY: Without 14 objection, Senator Hoffmann is in the negative 15 on 530. 16 Senator Present. 17 SENATOR PRESENT: Call up 18 Calendar 531. 19 ACTING PRESIDENT FARLEY: 20 Secretary will read 531. 21 THE SECRETARY: Calendar Number 22 531, by the Senate Committee on Rules, Senate 23 Bill Number 7457, an act making appropriations 2130 1 for the support of government. 2 ACTING PRESIDENT FARLEY: Senator 3 Present. 4 SENATOR PRESENT: Mr. President. 5 Is there a message at the desk? 6 ACTING PRESIDENT FARLEY: There 7 is a message, two messages contained in one. 8 SENATOR PRESENT: I move that we 9 accept the messages. 10 ACTING PRESIDENT FARLEY: All in 11 favor of accepting the messages, say aye. 12 (Response of "Aye.") 13 Those opposed, nay. 14 (There was no response.) 15 The messages are accepted. 16 Read the last section. 17 SENATOR DOLLINGER: Mr. 18 President. What bill is this? 19 ACTING PRESIDENT FARLEY: 7457. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 2131 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 59. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 Senator Present. 6 SENATOR PRESENT: Mr. President. 7 Call up Calendar 532. 8 ACTING PRESIDENT FARLEY: 532. 9 The Secretary will read. 10 THE SECRETARY: Calendar Number 11 532, by the Committee on Rules, Senate Bill 12 Number 7458, an act to provide for payments to 13 municipalities and to providers of medical 14 services under the medical assistance program. 15 ACTING PRESIDENT FARLEY: Senator 16 Present. 17 SENATOR PRESENT: Mr. President. 18 Are there two messages in one at the desk? 19 ACTING PRESIDENT FARLEY: Yes, 20 there are, Senator. 21 SENATOR PRESENT: I move that we 22 accept the messages. 23 ACTING PRESIDENT FARLEY: All in 2132 1 favor of accepting the messages, say aye. 2 (Response of "Aye.") 3 Those opposed, nay. 4 (There was no response.) 5 The messages are accepted. 6 You can read the last section. 7 THE SECRETARY: Senator Stafford 8 moves to discharge the Committee on Finance from 9 Assembly Bill Number 11312 and substitute it for 10 the identical Senate Bill 7458. 11 ACTING PRESIDENT FARLEY: 12 Substitution ordered. 13 Read 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 ACTING PRESIDENT FARLEY: 532. 20 THE SECRETARY: 7548. 21 SENATOR DOLLINGER: Thank you. 22 THE SECRETARY: On Calendar 23 Number 532, Senator Holland and Senator Maltese 2133 1 recorded in the negative. Ayes 57. Nays 2. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 Senator Present. 5 Hold on. Let's have a little 6 order here. 7 Senator Jones. 8 SENATOR JONES: Mr. President. I 9 would like unanimous consent to be recorded in 10 the negative on Senate 7456. 11 ACTING PRESIDENT FARLEY: Senator 12 Jones, without objection, will be in the 13 negative on 7456. 14 Senator Present. 15 SENATOR PRESENT: Mr. President. 16 Any housekeeping? 17 ACTING PRESIDENT FARLEY: Are 18 there any motions or anything on the floor that 19 anyone wishes to express? 20 Seeing none, Senator Present. 21 SENATOR PRESENT: Mr. President. 22 There being no further business, I move that we 23 adjourn until Tuesday at 3:00 p.m., April 5, 2134 1 intervening days being legislative days. 2 All be on guard that we're 3 subject to a call of the Majority Leader, if 4 needed. 5 ACTING PRESIDENT FARLEY: The 6 Senate will stand in adjournment until Tuesday, 7 3:00 p.m., or at the call of the Majority 8 Leader. Please be ready for a call that may 9 come to you. Senate will stand adjourned. 10 (Whereupon, at 12:04 a.m., Senate 11 adjourned.) 12 13 14 15 16 17 18 19 20 21 22 23