Tuesday, May 24, 1994

3916 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 24, 1994 10 4:15 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 3917 1 P R O C E E D I N G S. 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Members take their 4 seats. Ask the gallery to rise and join me in 5 saying the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag. ) 8 In the absence of clergy, I would 9 ask that we bow our heads in a moment of 10 silence. 11 (A moment of silence was 12 observed. ) 13 Reading of the Journal. 14 THE SECRETARY: In Sunday, Monday 15 May 23rd. The Senate met pursuant to 16 adjournment, Senator Nozzolio in the Chair upon 17 designation of the Temporary President. Prayer 18 by the Reverend Joseph Catanise of the Holy 19 Trinity Church of Webster, New York. The 20 Journal of Sunday, May 22nd, was read and 21 approved. On motion, Senate adjourned. 22 ACTING PRESIDENT KUHL: Hearing 23 no objection, the Journal stands approved as 3918 1 read. 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. Senator 10 Tully. 11 SENATOR TULLY: Yes, Mr. 12 President. On behalf of Senator Goodman, on 13 page 37, I offer the following amendments to 14 Calendar Number 1003, Senate Print Number 2645, 15 and ask that said bill retain its place on the 16 Third Reading Calendar. 17 ACTING PRESIDENT KUHL: So 18 ordered. 19 SENATOR TULLY: Mr. President, on 20 behalf of Senator Seward, on page 28, I offer 21 the following amendments to Calendar Number 889, 22 Senate Print Number 7508-A, and ask that said 23 bill retain its place on the Third Reading 3919 1 Calendar. 2 ACTING PRESIDENT KUHL: So 3 ordered. 4 SENATOR TULLY: Mr. President, on 5 behalf of Senator Lack, on page 7, I offer the 6 following amendments to Calendar Number 346, 7 Senate Print Number 6680-A, and ask that said 8 bill retain its place on the Third Reading 9 Calendar. 10 ACTING PRESIDENT KUHL: So 11 ordered. 12 SENATOR TULLY: Mr. President, on 13 behalf of Senator Cook, on page 21, I offer the 14 following amendments to Calendar Number 787, 15 Senate Print Number 7697, and ask that said bill 16 retain its place on the Third Reading Calendar. 17 ACTING PRESIDENT KUHL: So 18 ordered. 19 Senator Present. 20 SENATOR PRESENT: Mr. President, 21 I move that we adopt the Resolution Calendar, 22 copies of which are on our desks. 23 ACTING PRESIDENT KUHL: All those 3920 1 in favor, signify by saying aye. 2 (Response of "Aye.") 3 Opposed nay. 4 (There was no response. ) 5 The Resolution Calendar is 6 adopted. 7 SENATOR PRESENT: Mr. President, 8 let's take up the non-controversial calendar. 9 ACTING PRESIDENT KUHL: Clerk 10 will read the non-controversial calendar. 11 SENATOR PRESENT: Mr. President, 12 we'll stand at ease for a few moments. 13 ACTING PRESIDENT KUHL: The 14 Senate will stand at ease for a few moments. 15 (The Senate stood at ease from 16 4:18 to 4:25 p.m.) 17 ACTING PRESIDENT KUHL: The 18 Senate will come to order. The clerk will read 19 the non-controversial calendar. 20 THE SECRETARY: On page 4, 21 Calendar Number 63, by Senator Kuhl, Senate Bill 22 Number 537-A, an act to amend the Agriculture 23 and Markets Law. 3921 1 ACTING PRESIDENT KUHL: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 33. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 485, by Senator Levy. 13 SENATOR PRESENT: Lay it aside 14 for amendment, please. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 SENATOR PRESENT: For the day. 18 ACTING PRESIDENT KUHL: For the 19 day. 20 THE SECRETARY: Calendar Number 21 809, by member of the Assembly Dugan, Assembly 22 Bill Number 10718, an act to amend the Labor 23 Law, in relation to limiting the liability of 3922 1 employers for unemployment insurance benefits. 2 ACTING PRESIDENT KUHL: Read the 3 last 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 36. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 810, by member of the Assembly Nolan, Assembly 14 Bill Number 10720, an act to amend the Labor 15 Law, in relation to limiting the liability of 16 certain employers for unemployment insurance 17 coverage. 18 ACTING PRESIDENT KUHL: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 3923 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 36. 3 ACTING PRESIDENT KUHL: The 4 bill's passed. 5 THE SECRETARY: Calendar Number 6 818, by Senator Skelos, Senator Skelos moves to 7 discharge the Committee on Rules from Assembly 8 Bill Number 9026-B and substitute it for the 9 identical Third Reading 818. 10 ACTING PRESIDENT KUHL: Substi 11 tution is ordered. Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 35, nays 18 one, Senator Tully recorded in the negative. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 825, by Senator Volker, Senate Bill Number 23 7518-A, an act to amend the Town Law and the 3924 1 General Municipal Law. 2 ACTING PRESIDENT KUHL: Read the 3 last 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 36. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 894, by Senator Rath, Senate Bill Number 7054-A, 14 an act to amend the State Administrative 15 Procedure Act. 16 ACTING PRESIDENT KUHL: Read the 17 last section. 18 SENATOR GOLD: Lay it aside. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 SENATOR TULLY: Mr. President. 22 ACTING PRESIDENT KUHL: Senator 23 Tully. 3925 1 SENATOR TULLY: What happened to 2 Calendar 889? 3 ACTING PRESIDENT KUHL: That was 4 amended earlier today, Senator Tully. 5 SENATOR RATH: Lay the bill aside 6 for the day. 7 ACTING PRESIDENT KUHL: And lay 8 Calendar Number 825 aside for the day. 9 THE SECRETARY: 894. 10 ACTING PRESIDENT KUHL: 894, 11 excuse me, Calendar Number 894 is laid aside for 12 the day, by the sponsor. 13 THE SECRETARY: Calendar Number 14 914, by Senator Levy, Senate Bill Number 7931, 15 an act to amend the Vehicle and Traffic Law. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside. 18 SENATOR GOLD: For the year. 19 THE SECRETARY: Calendar Number 20 935, by member of the Assembly DiNapoli, 21 Assembly Bill Number 9380-A, authorizing the 22 solicitation of design proposals for uniform 23 signs. 3926 1 ACTING PRESIDENT KUHL: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 37. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 947, by member of the Assembly Colman, Assembly 13 Bill Number 562-A, Energy Law, in relation to 14 energy-efficient appliances. 15 SENATOR SEWARD: Mr. President, 16 could we lay that bill aside for the day, 17 please. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside for the day at the request of the 20 sponsor. 21 THE SECRETARY: Calendar Number 22 953, by the Committee on Rules, Assembly Bill 23 Number 11426, Public Service Law, in relation to 3927 1 certain technical corrections. 2 ACTING PRESIDENT KUHL: Read the 3 last 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 38. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 959, by Senator Lack, Senate Bill Number 7206, 14 proposing amendment to the Constitution. 15 ACTING PRESIDENT KUHL: Question 16 is on the resolution. All those in favor, 17 signify by saying aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response. ) 21 The resolution is adopted. 22 THE SECRETARY: Calendar Number 23 970, by Senator Goodman, Senate Bill Number 3928 1 8083-A, an act to amend the Tax Law, in relation 2 to charitable contributions. 3 ACTING PRESIDENT KUHL: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 39. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1004, by Senator Maltese, Senate Bill Number 15 3302-A, an act to amend the Vehicle and Traffic 16 Law. 17 SENATOR GOLD: Lay it aside, 18 please. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 THE SECRETARY: Calendar Number 22 1009, by Senator DeFrancisco, Senate Bill Number 23 5535-A, an act to amend the Vehicle and Traffic 3929 1 Law. 2 ACTING PRESIDENT KUHL: Read the 3 last 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 38, nays 10 one, Senator Johnson recorded in the negative. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 1023, by Senator Levy, Senate Bill Number 15 7991-A, an act to amend the Vehicle and Traffic 16 Law, in relation to leaving the scene of an 17 injury. 18 ACTING PRESIDENT KUHL: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 3930 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 38, nays 3 one, Senator Cook recorded in the negative. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1024, by Senator Levy, Senate Bill Number 8 8028-A, requiring the Department of Motor 9 Vehicles to include certain information. 10 ACTING PRESIDENT KUHL: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 39. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1043, by Senator Kuhl, Senate Bill Number 22 4513-B, an act to amend the Agriculture and 23 Markets Law. 3931 1 ACTING PRESIDENT KUHL: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 39. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1045, by Senator Kuhl, Senate Bill Number 8311, 13 an act to amend the Agriculture and Markets 14 Law. 15 ACTING PRESIDENT KUHL: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 39. 23 ACTING PRESIDENT KUHL: The bill 3932 1 is passed. 2 THE SECRETARY: Calendar Number 3 1046, by Senator Kuhl, Senate Bill Number 8312, 4 an act to amend the Agriculture and Markets 5 Law. 6 ACTING PRESIDENT KUHL: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 39. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 1050, by Senator Johnson. 18 SENATOR GOLD: Lay it aside. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside. 21 Senator Present, that completes 22 the non-controversial calendar. What's your 23 pleasure? 3933 1 SENATOR PRESENT: Mr. President, 2 let's take up the controversial calendar. 3 ACTING PRESIDENT KUHL: Clerk 4 will read the controversial calendar. 5 SENATOR LEICHTER: Mr. President. 6 ACTING PRESIDENT KUHL: Senator 7 Leichter. 8 SENATOR LEICHTER: Mr. President, 9 before we do this, I regret to inform you that I 10 need to ask unanimous consent to be recorded in 11 the negative on your bill 1045. 12 ACTING PRESIDENT KUHL: Without 13 objection, Senator Leichter will be recorded in 14 the negative on Calendar Number 1045. 15 Clerk will read the controversial 16 calendar. 17 THE SECRETARY: On page 30, 18 Calendar Number 914, by Senator Levy, Senate 19 Bill Number 7931, an act to amend the Vehicle 20 and Traffic Law, in relation to the suspension 21 and restoration of a driver's license. 22 ACTING PRESIDENT KUHL: Read the 23 last section. 3934 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 39. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1004, by Senator Maltese, Senate Bill Number 11 3302-A, an act to amend the Vehicle and Traffic 12 Law. 13 ACTING PRESIDENT KUHL: Senator 14 Maltese? An explanation has been asked for, 15 Senator Present. 16 SENATOR PRESENT: Lay it aside 17 for the day. 18 SENATOR GOLD: Yeah. 19 ACTING PRESIDENT KUHL: Lay the 20 bill aside for the day. 21 THE SECRETARY: Calendar Number 22 1050, by Senator Johnson, Senate Bill Number 23 1704, an act to amend the Education Law, in 3935 1 relation to requiring that the State University 2 graduation ceremonies include the Pledge of 3 Allegiance. 4 SENATOR GOLD: Senator yield to a 5 question? 6 ACTING PRESIDENT KUHL: Senator 7 Johnson, will you yield for a question from 8 Senator Gold? Yes, the Senator does. 9 SENATOR GOLD: Senator, since 10 last year when Senator Connor and myself and 11 Senator Galiber and Leichter, Montgomery, 12 Ohrenstein, Santiago, Smith and Waldon voted in 13 the negative, has there been any change to this 14 bill? 15 SENATOR JOHNSON: No. 16 SENATOR GOLD: Thank you. 17 ACTING PRESIDENT KUHL: Clerk 18 will read the 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. ) 3936 1 ACTING PRESIDENT KUHL: Senator 2 Montgomery to explain your vote? 3 SENATOR MONTGOMERY: Mr. 4 President, just to explain my vote briefly. 5 I am certainly not opposed to 6 singing the National Anthem at any graduation. 7 It's just that I am not -- I have never been to 8 a graduation where the National Anthem is not 9 sung and, in fact, there are basically two or 10 three national anthems that are sung at 11 graduations, always the National Anthem of our 12 United States and sometimes the negro national 13 anthem, sometimes the national anthem of Puerto 14 Rico, sometimes other national anthems depending 15 on who the majority of the people are in the 16 audience and who are there participating and in 17 whose honor the event is being held and who are 18 graduating. 19 So Senator, I must -- I must 20 clarify my vote. It is not because I am against 21 the singing of this song that celebrates all of 22 our -- our collective American experience, but 23 it is because I'm opposed to using it as a test 3937 1 of any one of our -- our commitment to the 2 ideals of this United States. We all are, and I 3 think that this is totally unnecessary, but I do 4 support in no uncertain terms the singing of the 5 National Anthem as we do at each one of our 6 sessions here and as I've heard at every single 7 graduation that I've been to in my life. 8 Thank you, Mr. President. 9 ACTING PRESIDENT KUHL: Senator, 10 how do you vote? 11 SENATOR MONTGOMERY: I'm voting 12 no. 13 ACTING PRESIDENT KUHL: Announce 14 the results. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 1050 are 17 Senators Connor, Espada, Galiber, Gold, 18 Leichter, Montgomery, Ohrenstein, Smith and 19 Waldon. Ayes 34, nays 9. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 Senator Present, that completes 23 the controversial calendar. What's your 3938 1 pleasure? 2 SENATOR PRESENT: Mr. President, 3 I'd ask the Senate stand at ease. 4 ACTING PRESIDENT KUHL: The 5 Senate will stand at ease. 6 (The Senate stood at ease from 7 4:39 to 4:55 p.m.) 8 ACTING PRESIDENT KUHL: The 9 Senate will come to order. The Chair recognizes 10 Senator Stafford. 11 SENATOR STAFFORD: Thank you, Mr. 12 President. May I announce an immediate meeting 13 of the Committee on Finance in Room 332. 14 ACTING PRESIDENT KUHL: There 15 will be an immediate meeting of the Senate 16 Committee on Finance in Room 332. Senate stands 17 at ease. 18 SENATOR PRESENT: Awaiting a 19 report of the Finance Committee. 20 ACTING PRESIDENT KUHL: Awaiting 21 a report of the Finance Committee. 22 (The Senate stood at ease from 23 4:56 to 5:35 p.m.) 3939 1 ACTING PRESIDENT KUHL: Senate 2 will come to order. 3 Chair recognizes Senator Stafford 4 for an announcement. 5 SENATOR STAFFORD: Mr. President, 6 may I again announce an immediate meeting of the 7 Committee on Finance in Room 332. 8 ACTING PRESIDENT KUHL: There 9 will be an immediate meeting of the Senate 10 Committee on Finance. This is a second meeting, 11 in Room 332. The Senate will stand at ease. 12 (The Senate stood at ease from 13 5:37 to 6:05 p.m.) 14 ACTING PRESIDENT KUHL: Senate 15 will come to order. Members will please take 16 their seats. 17 Senator Present. 18 SENATOR PRESENT: Mr. President, 19 can we return to reports of standing 20 committees. 21 ACTING PRESIDENT KUHL: Clerk 22 will read. 23 THE SECRETARY: Senator Stafford, 3940 1 from the Committee on Finance, reports the 2 following bills directly for third reading: 3 Senate Bill Number 8506, by the 4 Committee on Rules, to provide payments to 5 municipalities; 6 8507, by the Committee on Rules, 7 an act to provide for payments to vendors under 8 the Woman, Infants and Children's program; 9 8508, by the Committee on Rules, 10 an act making appropriations to support the 11 operating expenses of the New York City Transit 12 Authority; 13 8509, by the Committee on Rules, 14 an act making an appropriation for the payment 15 of debt service obligations of the Local 16 Government Assistance Corporation; 17 8510, by the Committee on Rules, 18 an act to provide for payments to licensed day 19 care centers and family day care homes; and 20 8512, by the Senate Committee on 21 Rules, an act to amend a chapter of the laws of 22 1994 as proposed in legislative Bill Numbers S. 23 8508, Assembly 11721. 3941 1 ACTING PRESIDENT KUHL: All bills 2 ordered directly to third reading. 3 Senator Present. 4 SENATOR PRESENT: Mr. President, 5 can we have third reading of these bills now 6 starting with Calendar Number 1082. 7 THE SECRETARY: Calendar Number 8 1082, by the Senate Committee on Rules, Senate 9 Bill Number 8506, Senator Stafford moves to 10 discharge the Committee on Finance from Assembly 11 Bill Number 11719 and substitute it for the 12 identical Senate Bill Number 8506. 13 ACTING PRESIDENT KUHL: 14 Substitution is ordered. 15 Senator Present. 16 SENATOR PRESENT: Mr. President, 17 is there a message of necessity, a message of 18 appropriation at the desk? 19 ACTING PRESIDENT KUHL: Senator 20 Present, there is. 21 SENATOR PRESENT: I move that we 22 accept the message. 23 ACTING PRESIDENT KUHL: All those 3942 1 in favor of accepting the messages, signify by 2 saying aye. 3 (Response of "Aye.") 4 Opposed nay. 5 (There was no response. ) 6 The messages are accepted. 7 Clerk will read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll. ) 14 ACTING PRESIDENT KUHL: Announce 15 the results. 16 THE SECRETARY: Ayes 51, nays 17 two, Senators Holland and Maltese recorded in 18 the negative. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1083, by the Senate Committee on Rules, Senate 23 Bill Number 8507, Senator Stafford moves to 3943 1 discharge the Committee on Finance from Assembly 2 Bill Number 11720 and substitute it for the 3 identical Senate Bill Number 8507. 4 ACTING PRESIDENT KUHL: 5 Substitution is ordered. 6 Senator Present. 7 SENATOR PRESENT: Mr. President, 8 is there a message of necessity and a message of 9 appropriation at the desk for this bill? 10 ACTING PRESIDENT KUHL: There 11 is. 12 SENATOR PRESENT: Mr. President, 13 I move we accept the messages. 14 ACTING PRESIDENT KUHL: All those 15 in favor of accepting the messages, signify by 16 saying aye. 17 (Response of "Aye.) 18 Opposed nay. 19 (There was no response. ) 20 The messages are accepted. Clerk 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 3944 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1084, by the Senate Committee on Rules, Senate 9 Bill Number 8508, an act making appropriations 10 to support the operations of the New York City 11 Transit Authority. 12 ACTING PRESIDENT KUHL: Senator 13 Present. 14 SENATOR PRESENT: Mr. President, 15 is there a message of necessity, a message of 16 appropriation at the desk? 17 ACTING PRESIDENT KUHL: There is, 18 Senator Present. 19 SENATOR PRESENT: Mr. President, 20 I move we accept the messages. 21 ACTING PRESIDENT KUHL: All those 22 in favor of accepting the messages, signify by 23 saying aye. 3945 1 (Response of "Aye.") 2 Opposed nay. 3 (There was no response. ) 4 The messages are accepted. 5 Clerk will read the last 6 section. 7 SENATOR JONES: Point of 8 information: Do we have a message of necessity 9 for 8512? 10 ACTING PRESIDENT KUHL: I'm 11 informed by the clerk that we do not have a 12 message on 8512 yet. 13 SENATOR JONES: Thank you. 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 SENATOR STACHOWSKI: Explain my 20 vote. 21 ACTING PRESIDENT KUHL: Senator 22 Stachowski to explain his vote. 23 SENATOR STACHOWSKI: Since we 3946 1 don't have a message on 8512 yet and not knowing 2 if we're going to get one, unfortunately I'm 3 going to have to vote no on this bill under the 4 premise that that message may not come. 5 SENATOR LEVY: Yes, Mr. 6 President, to explain my vote. 7 ACTING PRESIDENT KUHL: Senator 8 Levy to explain his vote. 9 SENATOR LEVY: Mr. President, 10 last night we discussed this issue and the CHPS 11 issue and Senator Jones rightfully asked, is 12 there a message on 8512? We don't have an 13 answer on that, but we've got to do this bill as 14 it relates to the Transit Authority; but I have 15 to say that I am very upset and concerned, and I 16 think every member of this chamber should be 17 because the MTA and the second floor represented 18 not only to us but to the Assembly that this 19 bill had to be done before midnight last night 20 or the Transit Authority would not be able to 21 meet its payroll, and here we are at 6:15 on the 22 next day notwithstanding -- notwithstanding the 23 representations were made -- that were made that 3947 1 a payroll couldn't be met in the amount of this 2 bill, and here is this bill today to fulfill the 3 purpose, the "drop dead" date that we had last 4 night, and certainly there had to be a mis 5 representation not only to leadership but to 6 members. Otherwise we would not have been doing 7 that bill last night, and I want to serve notice 8 that I am going -- I, on behalf of every member 9 of this chamber, am going to find out who made 10 the representations that came from the MTA and 11 who made the representations that came from the 12 second floor, particularly as it relates to the 13 Transit Authority and the MTA, and Senator 14 Galiber and I talked about it last night. 15 This is just a consistent pattern 16 that comes from that Authority, and that 17 consistent pattern is that we have ongoing false 18 misrepresentations as it relates to financial 19 needs. They don't play by the same rules and 20 regulations and laws that everybody else plays 21 by. They make representations to us and change 22 the facts to bend the conclusion that they seek 23 and I think that collectively we've got a 3948 1 responsibility to find out how did we get these 2 representations last night that they were going 3 to have $4 million plus in costs if we didn't 4 pass a bill to permit them rightfully to meet 5 their payroll, but wrongfully on the 6 representations that are made, and you can be 7 assured of that, of the fact that on all of our 8 behalf, I am going to seek that answer from 9 Stangl and from Kiepper as well as from the 10 second floor. 11 I vote aye. 12 ACTING PRESIDENT KUHL: Senator 13 Levy in the affirmative. Announce the results. 14 THE SECRETARY: Those recorded in 15 the negative on Calendar Number 1084 are 16 Senators Cook - 17 ACTING PRESIDENT KUHL: Senator 18 Galiber to explain his vote. 19 SENATOR GALIBER: I briefly have 20 an opportunity to explain my yes vote. 21 Senator Levy, I'd like to join 22 with you in seeking out that information because 23 I, too, think it's a disgrace that they 3949 1 misrepresented certain more factors, and it's a 2 pattern that they've been guilty of doing that 3 over a number of years. So we'd like to join 4 you in getting that information. 5 ACTING PRESIDENT KUHL: Announce 6 the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1084 are 9 Senators Cook, DeFrancisco, Dollinger, Jones, 10 Larkin, LaValle, Paterson, Stachowski, Senator 11 Wright, also Senator Saland. Ayes 43, nays 10. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1085, Senator Stafford moves to discharge the 16 Committee on Finance from Assembly Bill Number 17 11722 and substitute it for the identical Senate 18 Bill 8509. 19 ACTING PRESIDENT KUHL: 20 Substitution is ordered. Senator Present. 21 SENATOR PRESENT: Mr. President, 22 is there a message of necessity and a message of 23 appropriation at the desk for 1085? 3950 1 ACTING PRESIDENT KUHL: There 2 are, sir. 3 SENATOR PRESENT: Mr. President, 4 I move we accept the messages. 5 ACTING PRESIDENT KUHL: All those 6 in favor of accepting the messages, signify by 7 saying aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response. ) 11 The messages are accepted. 12 Clerk will read the last 13 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 53. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1086, by the Senate Committee on Rules, Senate 3951 1 Bill Number 8510, an act to provide for payments 2 to licensed day care centers and family day care 3 homes. 4 ACTING PRESIDENT KUHL: Senator 5 Present. 6 SENATOR PRESENT: Mr. President, 7 is there a message of necessity, a message of 8 appropriation at the desk for 1086? 9 ACTING PRESIDENT KUHL: There 10 are, sir. 11 SENATOR PRESENT: Mr. President, 12 I move we accept the messages. 13 ACTING PRESIDENT KUHL: All those 14 in favor of accepting the messages, signify by 15 saying aye. 16 (Response of "Aye.") 17 Opposed nay. 18 (There was no response. ) 19 The messages are accepted. 20 The clerk will read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 3952 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 53. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 1087, by the Senate Committee on Rules, Senate 9 Bill Number 8512, an act to amend a chapter of 10 the laws of 1994 as proposed in legislative bill 11 numbers S. 8508, Assembly 11721. 12 ACTING PRESIDENT KUHL: Senator 13 Present. 14 SENATOR PRESENT: Mr. President, 15 is there a message of necessity or appropriation 16 -- and appropriation at the desk for this bill? 17 ACTING PRESIDENT KUHL: Senator 18 Present, I'm uniformed by the Journal Clerk that 19 there are no messages at the desk on this bill. 20 SENATOR PRESENT: Mr. President, 21 can we lay this bill aside and we stand at ease 22 for a few moments. 23 ACTING PRESIDENT KUHL: The bill 3953 1 will be laid aside and the Senate will stand at 2 ease temporarily. 3 SENATOR LEVY: Mr. President. 4 ACTING PRESIDENT KUHL: The Chair 5 will recognize Senator Levy. 6 SENATOR LEVY: Yes, Mr. 7 President. I'd like to place a sponsor's star 8 on Calendar Number 432, Senate Print Number 9 79-B. 10 ACTING PRESIDENT KUHL: Sponsor's 11 star will be placed on Calendar Number 432. The 12 Senate will stand at ease temporarily. 13 SENATOR PRESENT: Mr. President. 14 ACTING PRESIDENT KUHL: Senator 15 Present. 16 SENATOR PRESENT: There will be 17 an immediate conference of the Majority in Room 18 332 and we'll stand at ease awaiting the 19 message. 20 ACTING PRESIDENT KUHL: The 21 Senate will stand at ease but there's an 22 immediate conference of the Majority in Room 23 332. 3954 1 (The Senate stood at ease from 2 6:19 to 7:13 p.m.) 3 ACTING PRESIDENT KUHL: The 4 Senate will come to order. 5 Senator Present. 6 SENATOR PRESENT: Mr. President, 7 can we call up Calendar 1087. 8 ACTING PRESIDENT KUHL: Clerk 9 will read. 10 THE SECRETARY: Calendar Number 11 1087, by the Senate Committee on Rules, Senate 12 Bill Number 8512, an act to amend a chapter of 13 the laws of 1994 as proposed in legislative bill 14 number S. 8508. 15 ACTING PRESIDENT KUHL: Senator 16 Present. 17 SENATOR PRESENT: Mr. President, 18 is there a message of necessity, a message of 19 appropriation at the desk for this bill? 20 ACTING PRESIDENT KUHL: Senator 21 Present, the clerk says that there is. 22 SENATOR PRESENT: Mr. President, 23 I move that we accept the messages. 3955 1 ACTING PRESIDENT KUHL: All those 2 in favor of accepting the messages of necessity 3 and appropriation, signify by saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response. ) 7 The messages are accepted. 8 Clerk will read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 53. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 Senator Sears. 19 SENATOR SEARS: Yes. Mr. 20 President, I'd like unanimous consent to be 21 recorded in the negative on Senate Bill 8506. 22 ACTING PRESIDENT KUHL: Without 23 objection, so ordered. 3956 1 Senator Present. 2 SENATOR PRESENT: Any 3 housekeeping, Mr. Cornell? 4 Mr. President, there being no 5 further business, I move that we adjourn until 6 tomorrow at 11:00 a.m. 7 ACTING PRESIDENT KUHL: The 8 Senate stands adjourned until tomorrow, 9 Wednesday, at 11:00 a.m. 10 (Whereupon at 7:15 p.m., the 11 Senate adjourned. ) 12 13 14 15 16 17 18