Tuesday, April 26, 1994

2929 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 April 26, 1994 10 4:01 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 2930 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. Ask the members to take 4 their places. If you would all stand and join 5 me in the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag. ) 8 ACTING PRESIDENT KUHL: We're 9 joined by the Reverend Robert Hess from the 10 Delmar Reformed Church in Delmar, New York, to 11 deliver us a prayer. 12 REVEREND ROBERT HESS: Let us 13 pray. 14 Almighty God, another session for 15 these elected men and women to make decisions, 16 to take actions. Help them to decide the better 17 thing to do. In difficulty, keep them from 18 discouragement and, in failure, keep them from 19 despair. In joy, help them not to forget to 20 sympathize with others who are sad and, in 21 sorrow, help them to hope for the future as well 22 as to remember the past. In success, keep them 23 from conceit and, when things go well, keep them 2931 1 from thinking they can do without You. Help 2 them to remember that there is no situation in 3 which You cannot be present and no time in which 4 they do not need Your help. This is our prayer, 5 O God. Amen. 6 ACTING PRESIDENT KUHL: Reading 7 of the Journal. 8 THE SECRETARY: In Senate, 9 Monday, April 25th. The Senate met pursuant to 10 adjournment, Senator Farley in the Chair upon 11 designation of the Temporary President. The 12 Journal of Sunday, April 24th, was read and 13 approved. On motion, Senate adjourned. 14 ACTING PRESIDENT KUHL: Hearing 15 no objection, the Journal stands approved as 16 read. 17 Presentation of petitions. 18 Messages from the Assembly. 19 Messages from the Governor. 20 Reports of standing committees. 21 Reports of select committees. 22 Communications and reports from 23 state officers. 2932 1 Motions and and resolutions. 2 Senator Farley. 3 SENATOR FARLEY: Thank you, Mr. 4 President. 5 On behalf of Senator Volker, on 6 page 17, I offer the following amendments to 7 Calendar 640, Senate Print 3825-B, and I ask 8 that that bill retain its place on the Third 9 Reading Calendar. 10 ACTING PRESIDENT KUHL: The bill 11 is amended and will retain its place on the 12 Third Reading Calendar. 13 Substitutions? 14 THE SECRETARY: On page 4 of 15 today's calendar, Senator Levy moves to 16 discharge the Committee on Insurance from 17 Assembly Bill Number 825 and substitute it for 18 the identical Calendar Number 663. 19 Also on page 4, Senator Velella 20 moves to discharge the Committee on Insurance 21 from Assembly Bill Number 9984, and substitute 22 it for the identical Calendar Number 665. 23 ACTING PRESIDENT KUHL: 2933 1 Substitutions are ordered. 2 Senator Present. 3 SENATOR PRESENT: Mr. President, 4 I move that we adopt the Resolution Calendar 5 with the exception of Resolution 3308. 6 ACTING PRESIDENT KUHL: All those 7 in favor, signify by saying aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response.) 11 The Resolution Calendar is 12 adopted. 13 Senator Present. 14 SENATOR PRESENT: Mr. President, 15 can we take up the non-controversial calendar, 16 please. 17 ACTING PRESIDENT KUHL: The clerk 18 will read the non-controversial calendar. 19 THE SECRETARY: On page 6, 20 Calendar Number 265, by Senator Levy, Senate 21 Bill Number 1707-B, an act in relation to 22 requiring the Department of Motor Vehicles to 23 compile information on driving while under the 2934 1 influence of drugs. 2 ACTING PRESIDENT KUHL: Last 3 section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 41, nays 10 one, Senator Kuhl recorded in the negative. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 490, by Senator Seward, Senate Bill Number 6570, 15 an act to amend the Judiciary Law, in relation 16 to the offices of county judge and surrogate in 17 Otsego County. 18 ACTING PRESIDENT KUHL: Last 19 section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 2935 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 42. 3 ACTING PRESIDENT KUHL: The 4 bill's passed. 5 THE SECRETARY: Calendar Number 6 558, by Senator Hannon, Senate Bill Number 7 5206-A, an act to amend the Real Property 8 Actions and Proceedings Law. 9 SENATOR GOLD: Lay it aside, 10 please. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 604, by Senator Sears, Senate Bill Number 15 6543-B, an act to amend the General Business 16 Law. 17 ACTING PRESIDENT KUHL: Last 18 section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 2936 1 THE SECRETARY: Ayes 44, nays 2 one, Senator Kuhl recorded in the negative. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 607, by Senator Levy, Senate Bill Number 71-A. 7 SENATOR GOLD: Lay aside, please. 8 SENATOR PRESENT: Lay aside for 9 the day. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside for the day. 12 THE SECRETARY: Calendar Number 13 634, by Senator Present, Senate Bill Number 14 1591, an act to amend the Penal Law, in relation 15 to lawful possession of weapons by persons 11 16 years of age. 17 ACTING PRESIDENT KUHL: Read the 18 last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll. ) 2937 1 THE SECRETARY: Ayes 40 - 2 ACTING PRESIDENT KUHL: The bill 3 is passed. 4 THE SECRETARY: Ayes 45, nays 5 one, Senator Paterson recorded in the negative. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 652, by Senator Lack, Senate Bill Number 7579, 10 an act to amend the Penal Law, in relation to 11 harassment in the first and second degree. 12 ACTING PRESIDENT KUHL: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Ayes 46. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 654, by Senator Hannon, Senate Bill Number 2938 1 270 - 2 SENATOR GOLD: Lay aside. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside. 5 THE SECRETARY: Calendar Number 6 659, by Senator Seward, Senate Bill - 7 SENATOR GOLD: Could we please 8 lay that aside for one day? 9 SENATOR SEWARD: For the day. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside for the day. 12 Senator Present, that completes 13 the non-controversial calendar. 14 Senator DeFrancisco. 15 SENATOR DeFRANCISCO: May I be - 16 have unanimous consent to be recorded in the 17 negative on 604, Calendar Number 604. 18 ACTING PRESIDENT KUHL: Without 19 objection, Senator DeFrancisco will be recorded 20 in the negative on Calendar Number 604. 21 SENATOR FARLEY: Me too. 22 ACTING PRESIDENT KUHL: Senator 23 Farley also being recorded in the negative on 2939 1 Calendar Number 604. 2 ACTING PRESIDENT KUHL: Senator 3 Present. 4 SENATOR PRESENT: May the Senate 5 stand at ease for a few moments. 6 ACTING PRESIDENT KUHL: The 7 Senate will stand at ease for a few moments. 8 (Whereupon the Senate stood at 9 ease briefly.) 10 ACTING PRESIDENT KUHL: Senator 11 Present. 12 SENATOR PRESENT: Mr. President, 13 there being no further business, I move that we 14 adjourn until tomorrow at 11:00 a.m. 15 ACTING PRESIDENT KUHL: So 16 moved. The Senate stands adjourned until 11:00 17 tomorrow. 18 (Whereupon at 4:12 p.m., the 19 Senate adjourned. ) 20 21 22 23