Wednesday, March 8, 1995

2163 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 8, 1995 10 11:00 a.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 2164 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. Ask the visitors in the gallery 5 to rise and join with us as we all recite the 6 Pledge of Allegiance. 7 (Those present joined in the 8 Pledge of Allegiance to the Flag.) 9 In the absence of clergy, I would 10 ask that we all bow our heads for a moment of 11 prayer. 12 (Whereupon, there was a moment of 13 silence.) 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, March 7. The Senate met pursuant to 17 adjournment. Senator Kuhl in the chair. Prayer 18 by the Reverend Peter G. Young, Blessed 19 Sacrament Church, Bolton Landing. The Journal 20 of Monday, March 6, was read and approved. On 21 motion, Senate adjourned. 22 ACTING PRESIDENT KUHL: Hearing 23 no objection, the Journal stands approved as 2165 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. 10 Senator Bruno, the desk informs 11 me that there is a substitution at the desk if 12 you would like to take that up at this time. 13 SENATOR BRUNO: Let's do that at 14 this time, Mr. President. 15 ACTING PRESIDENT KUHL: Secretary 16 will read. 17 THE SECRETARY: On page 13, 18 Senator Sears moves to discharge from the 19 Committee on Consumer Protection, Assembly Bill 20 Number 2488 and substitute it for the identical 21 bill, Calendar Number 167. 22 ACTING PRESIDENT KUHL: Without 23 objection, the substitution is ordered. 2166 1 Chair recognizes Senator Bruno. 2 SENATOR BRUNO: Mr. President, 3 can we now take up the noncontroversial 4 calendar? 5 ACTING PRESIDENT KUHL: Secretary 6 will read the noncontroversial calendar. 7 THE SECRETARY: Calendar Number 8 77, by Senator Levy, Senate Print 328A, an act 9 to amend the Public Authorities Law and the 10 Railroad Law, in relation to operating a 11 self-propelled rail passenger car or locomotive 12 while under the influence of alcohol or drugs. 13 SENATOR PATERSON: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 115, by Senator Lack, Senate Print 985, an act 18 to amend the Penal Law, in relation to 19 possession and sale of fireworks and to repeal 20 Section 270.00 of such law relating thereto. 21 SENATOR PATERSON: Lay it aside. 22 ACTING PRESIDENT KUHL: Lay the 23 bill aside. 2167 1 THE SECRETARY: Calendar Number 2 117, by Senator Volker, Senate Print 1113, an 3 act to amend the Penal Law, in relation to the 4 crime of false personation. 5 SENATOR BRUNO: Lay it aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 118, by Senator Saland, Senate Print 1417, an 10 act to amend the Criminal Procedure Law and the 11 Family Court Act, in relation to access to 12 records. 13 SENATOR BRUNO: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 121, by Senator Levy, Senate Print 372, an act 18 to amend the Vehicle and Traffic Law, in 19 relation to increasing the penalties for 20 aggravated unlicensed operation of a motor 21 vehicle. 22 SENATOR PATERSON: Lay it aside. 23 ACTING PRESIDENT KUHL: Lay the 2168 1 bill aside. 2 THE SECRETARY: Senate Print 122, 3 by Senator Levy, an act in relation to 4 authorizing the Commissioner of Transportation 5 and others to develop and implement a uniform 6 statewide system. 7 SENATOR BRUNO: Lay it aside. 8 ACTING PRESIDENT KUHL: Lay the 9 bill aside. 10 THE SECRETARY: Calendar Number 11 123, by Senator Stafford, Senate Print 610, an 12 act to amend the Vehicle and Traffic Law, in 13 relation to the operation of school buses with 14 headlights and tail lights illuminated. 15 SENATOR BRUNO: Lay it aside. 16 ACTING PRESIDENT KUHL: Lay the 17 bill aside. 18 THE SECRETARY: Calendar Number 19 125, by Senator Goodman, Senate Print 1409, an 20 act to amend the Vehicle and Traffic Law, in 21 relation to increasing penalties for subsequent 22 violations. 23 SENATOR PATERSON: Lay it aside. 2169 1 SENATOR BRUNO: Lay it aside. 2 ACTING PRESIDENT KUHL: Lay the 3 bill aside. 4 THE SECRETARY: Calendar Number 5 129, by Senator Lack, Senate Print 642, an act 6 to amend the Public Health Law, in relation to 7 penalties which may be assessed by local boards 8 of health. 9 SENATOR BRUNO: Lay it aside. 10 ACTING PRESIDENT KUHL: Lay the 11 bill aside. 12 THE SECRETARY: Senate Print 132, 13 by Senator Stafford, an act to amend the 14 Environmental Conservation Law, in relation to 15 permitting certain advertising in the Adirondack 16 Park. 17 SENATOR BRUNO: Lay it aside. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside. 20 Senator Bruno. 21 SENATOR BRUNO: Mr. President. 22 We have laid all the bills aside in this chamber 23 because we do not have a majority in this house, 2170 1 and I think that's pretty sad testimony to what 2 goes on in the lives of elected representatives 3 who have an obligation to be in this chamber to 4 represent their constituency, and I'm asking the 5 leadership on this side and the leadership on 6 that side to address ourselves to resolving this 7 problem because it is totally unfair to the 8 members that are here and you, Mr. President, 9 presiding over an almost empty chamber. 10 I would like to say that we have 11 the quality represented here in this chamber; 12 and I look around and I see that that is a fact, 13 people who are diligent, ready to do the 14 people's work, earning their pay and being 15 responsive to their constituency. It is very 16 disturbing that we can not pass a bill in this 17 house eight minutes after the appointed hour. 18 We will stand in recess or at 19 ease until we can pass a bill in this house. 20 ACTING PRESIDENT KUHL: Senator 21 Bruno, before we stand at ease, could we 22 recognize Senator Paterson? 23 Chair recognizes Senator 2171 1 Paterson. 2 SENATOR PATERSON: Thank you, Mr. 3 President. And to the Majority Leader through 4 you, Mr. President, we see that Senator Gold is 5 here, Senator Connor; but we really can not 6 discharge the business of this house unless we 7 have full cooperation. 8 In the past, there were often 9 problems about what time the session was going 10 to start. The Majority Leader in consultation 11 with this Conference has suggested that we be 12 here on time. That way schedules can be made 13 with some effectiveness. This is a better 14 system. It is a better way for business to 15 operate. It's a better way for the Legislature 16 to operate, and the Majority Leader has extended 17 us his cooperation by being here, and the 18 Minority Leader, as well. 19 So I would ask the members from 20 this Conference, wherever you are, I'm sure you 21 can hear me, to please come here and not let the 22 elevators intervene. Use the stairs, it's good 23 exercise, and come to this chamber immediately. 2172 1 We have all this room down the 2 right field line here. I can't get over there 3 and cover the balls hit on that side. We need 4 members in this chamber. 5 It's actually in the end not very 6 funny, and we would like to have full 7 cooperation. 8 ACTING PRESIDENT KUHL: Chair 9 recognizes Senator Bruno. 10 SENATOR BRUNO: Mr. President. 11 Thank you, Senator Paterson, for those very 12 appropriate words; and I get up and say what I 13 feel and not too much happens, but Senator 14 Paterson gets up and says what he feels, and we 15 now have a majority in this house. 16 So thank you, Senator, for your 17 help. I think we can proceed with the 18 noncontroversial calendar. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the controversial calendar. 21 THE SECRETARY: Calendar Number 22 77, by Senator Levy, Senate 328A, an act to 23 amend the Public Authorities Law and the 2173 1 Railroad Law. 2 SENATOR PATERSON: Explanation. 3 SENATOR BRUNO: Mr. President. 4 Lay it aside at the request of the sponsor. 5 ACTING PRESIDENT KUHL: The bill 6 will be laid aside for the day at the request of 7 the sponsor. 8 THE SECRETARY: Calendar Number 9 115, by Senator Lack, Senate 985, an act to 10 amend the Penal Law, in relation to possession 11 and sale of fireworks. 12 SENATOR PATERSON: Explanation. 13 SENATOR BRUNO: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 SENATOR BRUNO: Lay it aside for 17 the day. 18 ACTING PRESIDENT KUHL: Lay the 19 bill aside for the day. 20 THE SECRETARY: Calendar Number 21 117, by Senator Volker, Senate 1113, an act to 22 amend the Penal Law, in relation to the crime of 23 false personation. 2174 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the first day of 5 January. 6 ACTING PRESIDENT KUHL: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 33. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 118, by Senator Saland, Senate 1417, an act to 14 amend the Criminal Procedure Law and the Family 15 Court Act. 16 ACTING PRESIDENT KUHL: Chair 17 recognizes Senator Paterson. 18 SENATOR PATERSON: Mr. 19 President. With the permission of the Majority 20 Leader, may we lay this bill aside for the day. 21 Senator Galiber would like to debate this bill 22 and will not be here until 2:00 o'clock which, 23 hopefully, will be long after this session has 2175 1 adjourned. 2 ACTING PRESIDENT KUHL: Senator 3 Bruno. 4 SENATOR BRUNO: Lay it aside for 5 the day. 6 ACTING PRESIDENT KUHL: The bill 7 is laid aside for the day. 8 THE SECRETARY: Calendar number 9 121, by Senator Levy, Senate 372, an act to 10 amend the Vehicle and Traffic Law, in relation 11 to increasing the penalties for aggravated 12 unlicensed operation. 13 SENATOR BRUNO: Lay it aside for 14 the day, Mr. President. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside for the day. 17 THE SECRETARY: Calendar Number 18 122, by Senator Levy, Senate 429, an act in 19 relation to authorizing the Commissioner of 20 Transportation and others to develop and 21 implement a uniform statewide system. 22 SENATOR BRUNO: Lay it aside for 23 the day, Mr. President. 2176 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside for the day. 3 THE SECRETARY: Calendar 123, by 4 Senator Stafford, Senate 610, an act to amend 5 the Vehicle and Traffic Law, in relation to the 6 operation of school buses. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first day of July. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 34. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 125, by Senator Goodman, Senate 1409, an act to 19 amend the Vehicle and Traffic Law, in relation 20 to increasing penalties. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 2177 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 34. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: In relation to 9 Calendar Number 125, Senator Holland recorded in 10 the negative. Ayes 33, nays 1. 11 SENATOR DeFRANCISCO: Excuse me. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 SENATOR DeFRANCISCO: May I also 15 be recorded in the negative? 16 ACTING PRESIDENT KUHL: Without 17 objection, Senator DeFrancisco in the negative. 18 Senator Sears in the negative. 19 Lay the bill -- lay the bill 20 aside. 21 THE SECRETARY: Calendar Number 22 129, by Senator Lack, Senate 642, an act to 23 amend the Public Health Law. 2178 1 ACTING PRESIDENT KUHL: Secretary 2 will read the last section. 3 THE SECRETARY: Section 4. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 36. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 132, by Senator Stafford, Senate 620, an act to 13 amend the Environmental Conservation Law, in 14 relation to permitting certain advertising in 15 the Adirondack Park. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 37. 2179 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 SENATOR LACK: Mr. President. 4 ACTING PRESIDENT KUHL: Chair 5 recognizes Senator Lack. 6 SENATOR LACK: Thank you, Mr. 7 President. Calendar Number 115, bill number 8 S.985, which was laid aside for the day, would 9 you please star that at my request. 10 ACTING PRESIDENT KUHL: Calendar 11 Number 115 is starred at the request of the 12 sponsor. 13 SENATOR LACK: Thank you. 14 SENATOR BRUNO: Mr. President, I 15 think at this time we can go back to Calendar 16 125 and take that bill up. 17 ACTING PRESIDENT KUHL: Secretary 18 will read Calendar Number 125. 19 THE SECRETARY: Calendar Number 20 125, by Senator Goodman, Senate 1409, an act to 21 amend the Vehicle and Traffic Law, in relation 22 to increasing penalties. 23 ACTING PRESIDENT KUHL: Secretary 2180 1 will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first day of 4 November. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 ACTING PRESIDENT KUHL: Announce 9 the results when tabulated. 10 THE SECRETARY: Those recorded in 11 the negative on Calendar Number 125 are Senators 12 DeFrancisco, Holland, Sears and Wright. Ayes 13 38, nays 4. 14 ACTING PRESIDENT KUHL: Bill is 15 passed. 16 Chair recognizes Senator Bruno. 17 SENATOR BRUNO: Mr. President. 18 Any housekeeping to be done at the desk? 19 ACTING PRESIDENT KUHL: Senator 20 Bruno, there is no housekeeping at the desk. 21 SENATOR BRUNO: Will you 22 recognize Senator Saland, Mr. President. 23 SENATOR SALAND: Housekeeping. I 2181 1 would like to star Calendar 96, please. 2 ACTING PRESIDENT KUHL: Calendar 3 Number 96 will be starred at the request of the 4 sponsor. 5 Senator Solomon. 6 SENATOR SOLOMON: Mr. President. 7 I would like unanimous consent to be recorded in 8 the negative on Calendar Number 125. 9 ACTING PRESIDENT KUHL: Without 10 objection, Senator Solomon will be recorded in 11 the negative on Calendar Number 125. 12 SENATOR SOLOMON: Thank you. 13 ACTING PRESIDENT KUHL: Senator 14 Bruno. 15 SENATOR BRUNO: Mr. President. 16 At this time, I would like to remind the Repub 17 licans that we have a conference immediately 18 following the session. It is now 11:15. That 19 means we will bang the gavel at 11:20; and, 20 Senator DiCarlo, you know what that means? So 21 if anyone is listening to me, they have four 22 minutes to be in our conference. 23 And there being no further 2182 1 business to come before the Senate, I move we 2 stand adjourned until tomorrow at 10:00 a.m. 3 sharp. 4 Thank you, Mr. President. 5 ACTING PRESIDENT KUHL: Immediate 6 conference of the Republican Majority in the 7 Conference Room, Room 332. 8 Without objection, the Senate 9 stands adjourned until tomorrow at 10:00 a.m. 10 (Whereupon, at 11:17 a.m., Senate 11 adjourned.) 12 13 14 15