Thursday, March 23, 1995

2527 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 March 23, 1995 10 10:02 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 2528 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order. Ask the members to 4 find their seats, staff to find their places. 5 Will you all rise and join me in saying the 6 Pledge of Allegiance to the Flag. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 In the absence of clergy, may we 10 bow our heads in a moment of silence. 11 (A moment of silence was 12 observed. ) 13 Reading of the Journal. 14 THE SECRETARY: In Senate, 15 Wednesday, March 22nd. The Senate met pursuant 16 to adjournment, Senator Kuhl in the Chair. The 17 Journal of Tuesday, March 21st, was read and 18 approved. On motion, Senate adjourned. 19 ACTING PRESIDENT KUHL: Hearing 20 no objection, the Journal stands approved as 21 read. 22 Presentation of petitions. 23 Messages from the Assembly. 2529 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 The Chair recognizes Senator 8 Bruno. 9 SENATOR BRUNO: Mr. President, 10 can I ask you to recognize Senator Libous for an 11 announcement. 12 ACTING PRESIDENT KUHL: The Chair 13 recognizes Senator Libous for an announcement. 14 SENATOR LIBOUS: Thank you, Mr. 15 President. 16 There will be an immediate 17 meeting of the Committee on Mental Health and 18 Developmental Disabilities in Room 332. 19 ACTING PRESIDENT KUHL: There 20 will be an immediate meeting of the Committee on 21 Mental Health in the Majority Conference Room, 22 Room 332. 23 Senator Bruno. 2530 1 SENATOR BRUNO: And, Mr. 2 President, I understand there's a resolution at 3 the desk, Number 664, by Senator Libous. We 4 would ask you to read the title. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the title. 7 THE SECRETARY: By Senator 8 Libous, Legislative Resolution honoring Mary 9 Jane Bolles in recognition of her distinguished 10 career of 37 years service on behalf of the 11 credit union movement in New York State, upon 12 the occasion of her retirement April 7th, 13 1995. 14 ACTING PRESIDENT KUHL: Question 15 is on the resolution. All those in favor 16 signify by saying aye. 17 (Response of "Aye.") 18 Opposed nay. 19 (There was no response. ) 20 The resolution is adopted. 21 Senator Bruno, are you ready for 22 the calendar, sir? 23 SENATOR BRUNO: Yes, Mr. Presi 2531 1 dent. Can we now take up the non-controversial 2 calendar. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the non-controversial calendar. 5 THE SECRETARY: On page 17, 6 Calendar Number 171, by Senator Maltese, Senate 7 Bill 441, an act to amend the Vehicle and 8 Traffic Law, in relation to authorizing license 9 plates. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 1st day of April. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 35. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 176, by Senator Velella, Senate Bill Number 22 2946, an act to amend Chapter 696 of the Laws of 23 1887, relating to providing hospitals, orphan 2532 1 asylums and other charitable institutions in the 2 city of New York with water. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the 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 35. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar 178, by 14 Senator Lack, Senate Bill 1298, an act to amend 15 the Real Property Tax Law, in relation to 16 allowing the assignment of mortgage in lieu of a 17 certificate of discharge. 18 SENATOR PATERSON: Lay aside, 19 please. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 180, by Senator Lack, Senate Bill Number 2134, 2533 1 an act to amend the Estates, Powers and Trusts 2 Law, in relation to shares of stock. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect January 1st. 7 ACTING PRESIDENT KUHL: Call the 8 roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 35. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 181, by Senator Volker, Senate Bill Number 2444, 15 an act to amend the Real Property Law, in 16 relation to disclosure obligations, real estate 17 brokers. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 30th day. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 2534 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 36. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 183, by Senator Hannon, Senate Bill Number 2348, 7 an act to amend the Public Health Law, in 8 relation to compensation of and disposition of 9 fees. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the last section. 12 THE SECRETARY: Section 4. This 13 act shall take effect on the 90th day. 14 ACTING PRESIDENT KUHL: Call the 15 roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 36. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 196, by Senator DiCarlo, Senate Bill 2723, an 22 act to amend the Real Property Tax Law, in 23 relation to increasing income eligibility for 2535 1 real property tax exemption. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the 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 37. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 197, by Senator Seward, Senate Bill Number 2016, 14 an act to amend the Tax Law, in relation to 15 eliminating the expiration provisions 16 authorizing the county of Tompkins to impose an 17 additional sales tax. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 2536 1 (The Secretary called the roll. ) 2 THE SECRETARY: Ayes 37. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 216, by Senator Hoblock, Senate Bill Number 7 3354, an act to amend the Public Officers Law, 8 in relation to activities by former state 9 officers. 10 SENATOR HOBLOCK: Lay the bill 11 aside for the day, please. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside for the day. 14 THE SECRETARY: Calendar Number 15 224, by Senator Velella, Senate Bill 3454, an 16 act to amend Chapter 60 of the Laws of 1994, in 17 relation to provisions that impact on certain 18 appropriations. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 6. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 2537 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 37. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 Senator Bruno, that completes the 7 non-controversial calendar, sir. 8 SENATOR BRUNO: Mr. President, 9 can we now take up the controversial calendar. 10 ACTING PRESIDENT KUHL: Secretary 11 will read the controversial calendar. 12 THE SECRETARY: On page 18, 13 Calendar Number 178, by Senator Lack. 14 SENATOR LACK: Lay it aside. 15 ACTING PRESIDENT KUHL: Lay the 16 bill aside. 17 Senator Bruno, that completes the 18 controversial calendar. 19 SENATOR BRUNO: Mr. President, is 20 the report back from the committee meeting of 21 Senator Libous? Is that at the desk? 22 ACTING PRESIDENT KUHL: I'm in 23 formed by the desk, Senator Bruno, that it has 2538 1 not been returned to the desk at this point. 2 SENATOR BRUNO: Can we just - 3 answer the phone? 4 Mr. President, the information 5 that I have indicates it's not necessary for us 6 to hold up this day of this body, so we will 7 move forward, and I move that we would adjourn 8 until Monday coming. 9 I am interrupted, Mr. President, 10 by my colleague on the left. Would you please 11 recognize him. 12 ACTING PRESIDENT KUHL: The Chair 13 would recognize Senator Dollinger. 14 SENATOR DOLLINGER: My apologies 15 to the Majority Leader, Mr. President. I would 16 just ask unanimous consent to be recorded in the 17 negative on Calendar Number 197. My apologies. 18 ACTING PRESIDENT KUHL: Without 19 objection, Senator Bruno. Senator Dollinger, 20 without objection, Senator Dollinger - 21 SENATOR BRUNO: There being no 22 further business to come - 23 I would ask the Chair to 2539 1 recognize Senator Jones. 2 SENATOR JONES: Yes, I'd like 3 unanimous consent to be recorded in the no on 4 Calendar 197. 5 ACTING PRESIDENT KUHL: Without 6 objection, Senator Dollinger and Senator Jones 7 will be recorded in the negative on Calendar 8 Number 197. 9 The Chair recognizes Senator 10 Bruno. 11 SENATOR BRUNO: Yes, Mr. 12 President. My counsel tells me I'm supposed to 13 say "without objection," so that's without 14 objection. 15 ACTING PRESIDENT KUHL: Without 16 objection, Senator Bruno. 17 SENATOR BRUNO: I'd like to 18 remind my colleagues on my front and right and 19 rear that we will be conferencing -- it is now 20 ten after ten -- at twenty after ten sharp. I 21 would suggest they synchronize their watches. 22 And there being no further business to come 23 before the Senate, I move that we stand 2540 1 adjourned until Monday, that is March 27th, at 2 3:00 p.m., intervening days being legislative 3 days. 4 ACTING PRESIDENT KUHL: There 5 will be an immediate meeting of the Majority 6 Conference in Room 332, in eight minutes, and 7 without objection, the Senate stands adjourned 8 until Monday at 3:00 p.m. 9 (Whereupon, at 10:11 a.m., the 10 Senate adjourned.) 11 12 13 14 15