Wednesday, May 10, 1995

5574 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 10, 1995 10 10:00 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 5575 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. Ask all those members to 4 find their places. 5 Ask all the people in the chamber 6 to rise and join with me in saying the Pledge of 7 Allegiance to the flag. 8 (Whereupon, the Senate and those 9 present joined in the Pledge of Allegiance to 10 the Flag.) 11 In the absence of clergy, may we 12 bow our heads in a moment of silence. 13 (Whereupon, there was a moment of 14 silence.) 15 Reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, May 9. The Senate met pursuant to 18 adjournment. Senator DiCarlo in the chair. The 19 Journal of Monday, May 8, was read and 20 approved. On motion, Senate adjourned. 21 ACTING PRESIDENT KUHL: Hearing 22 no objection, the Journal stands approved as 23 read. 5576 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 Chair recognizes Senator DiCarlo. 10 SENATOR DiCARLO: Mr. President. 11 On behalf of Senator Bruno, I move the following 12 bill be discharged from its respective committee 13 and be recommitted with instructions to strike 14 the enacting clause: Senate Number 3287. 15 ACTING PRESIDENT KUHL: Bill will 16 be recommitted. 17 Senator DiCarlo. 18 SENATOR DiCARLO: On behalf of 19 Senator Velella, please place a sponsor star on 20 Calendar 699. 21 ACTING PRESIDENT KUHL: Calendar 22 699 will be starred at the request of the 23 sponsor. 5577 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President. 3 I believe there is a resolution sponsored by 4 Senator DiCarlo at the desk. I ask that the 5 title be read and adopted. 6 ACTING PRESIDENT KUHL: There is 7 a privileged resolution by Senator DiCarlo at 8 the desk. I will ask the Secretary to read the 9 title. 10 THE SECRETARY: Legislative 11 Resolution, by Senator DiCarlo. Legislative 12 Resolution declaring May 16, 1995 as Senior 13 Citizens Recognition Day in the State of New 14 York. 15 ACTING PRESIDENT KUHL: Chair 16 recognizes Senator DiCarlo on the resolution. 17 SENATOR DiCARLO: Mr. President. 18 On the resolution, I would just like to open up 19 the resolution to any member who would like to 20 co-sponsor this resolution. 21 ACTING PRESIDENT KUHL: Senator 22 Skelos. 23 SENATOR SKELOS: Mr. President. 5578 1 Why don't we put everybody on the resolution. 2 If they wish not to co-sponsor it, they can 3 inform the desk. I believe Senator Paterson has 4 agreed to that. 5 ACTING PRESIDENT KUHL: We will 6 place all the members as co-sponsor on the 7 resolution by Senator DiCarlo except for those 8 people who will signify to the desk that they 9 don't wish to be on the resolution. 10 Senator Skelos. 11 SENATOR SKELOS: Can we take up 12 Resolution Number 1180, by Senator Marchi? I 13 ask that the title be read and the resolution 14 adopted. 15 ACTING PRESIDENT KUHL: There is 16 a privileged resolution at the desk, Senator 17 Skelos, by Senator Marchi. I'll ask the 18 Secretary to read the title. 19 THE SECRETARY: By Senator Marchi 20 Legislative Resolution -- and others - 21 commending Guy J. Mangano upon the occasion of 22 his designation as a recipient of Man of the 23 Year Award on Thursday, May 11, 1995. 5579 1 ACTING PRESIDENT KUHL: The 2 question is on the resolution. All those in 3 favor signify by saying aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 (There was no response.) 7 The resolution is adopted. 8 There also is the prior 9 resolution which the Secretary read. The 10 question is on that resolution, by Senator 11 DiCarlo. All those in favor, signify by saying 12 aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (There was no response.) 16 That resolution is adopted. 17 Chair recognizes Senator Skelos. 18 SENATOR SKELOS: Mr. President. 19 At this time, if we can take up the non 20 controversial calendar. 21 ACTING PRESIDENT KUHL: The 22 Secretary will read -- we have a couple of 23 substitutions. Can we do that first, Senator 5580 1 Skelos? 2 SENATOR SKELOS: Yes. 3 ACTING PRESIDENT KUHL: I'll ask 4 the Secretary to read the substitutions. 5 THE SECRETARY: Senator Tully 6 moves to discharge from the Committee on Health 7 Assembly Bill Number 2906 and substitute it for 8 the identical Calendar Number 725. 9 Senator Holland moves to 10 discharge from the Committee on Health Assembly 11 Bill Number 6516 and substitute it for the 12 identical bill, Calendar Number 727. 13 Senator Sears moves to discharge 14 from the Committee on Consumer Protection 15 Assembly Bill Number 3998 and substitute it for 16 the identical Calendar 759. 17 Senator Volker moves to discharge 18 from the Committee on Judiciary Assembly Bill 19 Number 2660A and substitute it for the identical 20 bill, Calendar Number 762. 21 Senator Lack moves to discharge 22 from the Committee on Judiciary Assembly Bill 23 Number 6267 and substitute it for the identical 5581 1 calendar bill, 767. 2 Senator DiCarlo moves to 3 discharge from the Committee on Aging Assembly 4 Bill Number 1842A and substitute it for the 5 identical bill, Calendar Number 797. 6 Senator Levy moves to discharge 7 from the Committee on Education Assembly Bill 8 Number 7486 and substitute it for the identical 9 calendar bill, 810. 10 Senator Maltese moves to 11 discharge from the Committee on Elections 12 Assembly Bill 444 and substitute it for the 13 identical bill, 834. 14 Senator Maltese moves to 15 discharge from the Committee on Elections 16 Assembly Bill Number 4695 and substitute it for 17 the identical calendar bill, 835. 18 Senator Maltese moves to 19 discharge from the Committee on Elections 20 Assembly Bill 4887 and substitute it for the 21 identical calendar bill, 836. 22 Senator Maltese moves to 23 discharge from the Committee on Elections 5582 1 Assembly Bill Number 4746A and substitute it for 2 the identical calendar bill, 837. 3 Senator Padavan moves to 4 discharge from the Committee on Finance Assembly 5 Bill 354B and substitute it for the identical 6 calendar bill, 882. 7 Senator Johnson moves to 8 discharge from the Committee on Environmental 9 Conservation Assembly Bill 6220 and substitute 10 it for the identical calendar bill, 896. 11 Senator Tully moves to discharge 12 from the Committee on Environmental Conservation 13 Assembly Bill Number 2690 and substitute it for 14 the identical calendar bill, 897. 15 Senator Tully moves to discharge 16 from the Committee on Environmental Conservation 17 Assembly Bill Number 2268 and substitute it for 18 the identical calendar bill, 4426. 19 Senator Saland moves to discharge 20 from the Committee on Investigations and 21 Taxation Assembly Bill 1811B and substitute it 22 for the identical calendar bill, 907. 23 ACTING PRESIDENT KUHL: 5583 1 Substitutions are ordered. 2 Chair recognizes Senator Skelos. 3 SENATOR SKELOS: Yes. At this 4 time, Mr. President, we can take up the non 5 controversial calendar. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the noncontroversial calendar. 8 THE SECRETARY: Calendar Number 9 222, by Senator Velella. 10 SENATOR SKELOS: Lay it aside for 11 the day, please. 12 ACTING PRESIDENT KUHL: Lay the 13 bill aside for the day. 14 THE SECRETARY: Calendar Number 15 296, by Senator Lack, Senate Print 3195A, an act 16 to amend the Surrogate Court Procedure Act, in 17 relation to commissions of attorneys. 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. 5584 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 41. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 381, by Senator Levy, Senate Print 1410, an act 7 to amend the Penal Law, in relation to the 8 offense of assault. 9 SENATOR PATERSON: Lay it aside, 10 please. 11 ACTING PRESIDENT KUHL: Lay the 12 bill aside. 13 THE SECRETARY: Calendar Number 14 405, by Senator Levy, Senate Print 329, an act 15 to amend the Vehicle and Traffic Law, in 16 relation to pedestrians' right-of-way in 17 crosswalks. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect on the 90th day. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 5585 1 (The Secretary called the roll.) 2 ACTING PRESIDENT KUHL: Announce 3 the results. 4 THE SECRETARY: Ayes 40. Nays 5 1. Senator Kuhl recorded in the negative. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 431, by Senator Cook, Senate Print 565A, an act 10 to amend the Corrections Law and the Civil 11 Practice Law and Rules, in relation to repayment 12 by inmates. 13 SENATOR GOLD: Lay it aside. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 446, by Senator Levy. 18 SENATOR SKELOS: Lay it aside for 19 the day. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside for the day. 22 THE SECRETARY: Calendar Number 23 453, by Senator Levy, Senate Print 359, an act 5586 1 to amend the Vehicle and Traffic Law, in 2 relation to criminal history checks on school 3 bus attendants. 4 SENATOR PATERSON: Lay it aside. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside. 7 THE SECRETARY: Calendar Number 8 457, by Senator Spano, Senate Print 2840A, an 9 act to amend the Vehicle and Traffic Law, in 10 relation to authorizing a residential parking 11 system in the Village of Tarrytown. 12 ACTING PRESIDENT KUHL: There is 13 a home rule message at the desk. 14 Secretary will read the last 15 section. 16 THE SECRETARY: Section 3. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 42. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 5587 1 THE SECRETARY: Calendar Number 2 78, by Senator Cook, Senate Print 3224, an act 3 to amend the Social Service Law, in relation to 4 New York State Rural Human Services Networking 5 Program. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 6. This 9 act shall take effect April 1. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 42. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 498, by Senator Seward, Senate Print 1108A, an 18 act to amend the General Business Law, in 19 relation to the wearing of insignia 20 identification. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 5588 1 act shall take effect on the 30th day. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 42. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 503, by Senator Hannon, Senate Print 3467, an 10 act to amend the General Business Law, in 11 relation to unauthorized or improper use of - 12 SENATOR SKELOS: Lay it aside for 13 the day. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside for the day. 16 THE SECRETARY: Calendar Number 17 525, by Senator Volker, Senate Print 3494, an 18 act to amend the Criminal Procedure Law, the 19 Family Court Act, and the Penal Law, in relation 20 to crimes involving firearms. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 11. This 5589 1 act shall take effect on the first day of 2 November. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 42. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 527, by Senator Volker, Senate Print 3620A, an 11 act to amend the Penal Law, in relation to 12 trademark counterfeiting. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last section. 15 THE SECRETARY: Section 4. This 16 act shall take effect on the first day of 17 November. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 43. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 5590 1 THE SECRETARY: Calendar Number 2 538, by Senator LaValle, Senate Print 1099, an 3 act to amend the General Municipal Law, in 4 relation to granting additional points in a 5 service award program for volunteer fire 6 fighters. 7 ACTING PRESIDENT KUHL: Secretary 8 will read the last 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 THE SECRETARY: Ayes 43. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 539, by Senator Farley, Senate Print 1311A, an 19 act to amend the Real Property Tax Law, in 20 relation to providing for installment payments. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 5591 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 44. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 541, by Senator Sears, Senate Print 1394, an act 10 to amend the County Law, in relation to 11 additional enhanced emergency telephone system 12 surcharges. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 44. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 5592 1 543, by Senator Lack, Senate Print 1465A, an act 2 in relation to real property tax assessed by the 3 Town of Smithtown. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 44. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 545, by Senator Bruno, Senate Print 1859, an act 16 in relation to authorizing the Village of 17 Galway, County of Saratoga, to reduce the speed 18 limit on its highways. 19 SENATOR PATERSON: Lay it aside. 20 ACTING PRESIDENT KUHL: Lay the 21 bill aside. 22 THE SECRETARY: Calendar Number 23 546, by Senator Skelos, Senate Print 1964, an 5593 1 act to amend the General Municipal Law, in 2 relation to issuance of license to conduct 3 Bingo. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT KUHL: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 45. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 Chair recognizes Senator Skelos. 15 SENATOR SKELOS: Mr. President. 16 There will be an immediate meeting of the 17 Housing Committee in Room 332 of the Capitol. 18 ACTING PRESIDENT KUHL: There 19 will be an immediate meeting of the Housing 20 Committee in the Majority Conference Room, Room 21 332, immediate meeting of the Housing Committee. 22 SENATOR SKELOS: Mr. President. 23 Will you recognize Senator Farley? 5594 1 ACTING PRESIDENT KUHL: Chair 2 recognizes Senator Farley. 3 SENATOR FARLEY: Thank you, Mr. 4 President. Thank you, Senator Skelos. 5 There will be an immediate-- not 6 an immediate meeting -- 10:30 meeting of the 7 Committee on Banks in Room 124. 8 ACTING PRESIDENT KUHL: There 9 will be a Banks Committee meeting in Room 124 at 10 10:30. 11 ACTING PRESIDENT KUHL: Secretary 12 will continue to call the noncontroversial 13 calendar. 14 THE SECRETARY: Calendar Number 15 547, by Senator Rath, Senate Print 2010, an act 16 to amend the General Municipal Law, Chapter 708 17 of the Laws of 1992, amending the General 18 Municipal Law and other laws, relating to the 19 temporary investment of monies. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect immediately. 5595 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 45. 5 ACTING PRESIDENT KUHL: Awful 6 noisy. Awful tough to understand what's going 7 on. Can we please settle down just a minute. 8 Okay. Secretary will continue to 9 call the noncontroversial calendar. 10 Bill is passed. 11 SENATOR SKELOS: Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Skelos. 14 SENATOR SKELOS: Recognize 15 Senator Farley once again, please. 16 ACTING PRESIDENT KUHL: Senator 17 Farley. 18 SENATOR FARLEY: To all my good 19 friends and colleagues on the Banks Committee, 20 there will be an immediate meeting of the Banks 21 Committee in Room 124 because it's my 22 understanding there may be a conference right 23 after session. So I'd ask all the members of 5596 1 the Banks Committee to come down to 124 now. 2 ACTING PRESIDENT KUHL: Time of 3 the Banks Committee meeting has changed from 4 10:30 to 10:16, which is right now. So please 5 attend, all those members. 6 Secretary will continue to call 7 the noncontroversial calendar. 8 THE SECRETARY: Calendar Number 9 549, by Senator Sears, Senate Print 2436A, an 10 act to establish the Salisbury Volunteer Exempt 11 Firemen's Benevolent Association. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 8. 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 23 550, by Senator Sears, Senate Print 2538, an act 5597 1 authorizing the Town of New Hartford, Oneida 2 County, to consolidate existing sewer districts. 3 ACTING PRESIDENT KUHL: Secretary 4 will read the last section. 5 THE SECRETARY: Section 10. 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 46. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 551, by Senator Present, Senate Print 2557, an 15 act to amend the Town Law and the Public 16 Officers Law, in relation to qualifications for 17 holding the office of town justice. 18 ACTING PRESIDENT KUHL: Secretary 19 will read the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 5598 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 46. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 552, by Senator Sears, Senate Print 2711, an act 7 to amend the County Law, in relation to 8 additional enhanced emergency telephone system 9 surcharges. 10 ACTING PRESIDENT KUHL: Secretary 11 will 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 47. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 559, by Senator LaValle, Senate Print 3328, an 22 act to amend the Village Law, in relation to 23 allowing the Village of Greenport, in the county 5599 1 of Suffolk, to abolish the office of village 2 justice. 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 47. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 560, by Senator Skelos, Senate Print 3350, an 15 act to amend Chapter 821 of the Laws of 1970, 16 amending the Town Law. 17 ACTING PRESIDENT KUHL: There is 18 a home rule message at the desk. 19 Secretary will read the last 20 section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT KUHL: Call the 5600 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 47. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 565, by Senator Holland, Senate Print 32, an act 8 to amend the Highway Law, in relation to 9 increasing bonded indebtedness in the Town of 10 Ramapo. 11 ACTING PRESIDENT KUHL: There is 12 a home rule message at the desk. 13 Secretary will read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 47. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 5601 1 571, by Senator Levy, Senate Print 381, an act 2 to amend the Railroad Law, in relation to 3 requiring trains operating in the state to have 4 operable voice communications. 5 ACTING PRESIDENT KUHL: Secretary 6 will read the last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the 180th day. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT KUHL: Announce 13 the results when tabulated. Announce the 14 results when tabulated. 15 THE SECRETARY: Those recorded in 16 the negative on Calendar Number 571 are Senators 17 Rath and Wright. Ayes 45. Nays 2. 18 ACTING PRESIDENT KUHL: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 576, by member of the Assembly Weisenberg, 22 Assembly Print 1823, an act to amend the Vehicle 23 and Traffic Law, in relation to excluding 5602 1 certain vehicles from the provisions of the 2 Uniform Vehicle Certification Title Act. 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 48. 11 ACTING PRESIDENT KUHL: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 604, by Senator Kuhl, Senate Print 3535, an act 15 to amend the Executive Law, in relation to 16 exempting educational facilities. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the last section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT KUHL: Call the 22 roll. 23 (The Secretary called the roll.) 5603 1 THE SECRETARY: Ayes 47. Nays 2 1. Senator Stavisky recorded in the negative. 3 ACTING PRESIDENT KUHL: The bill 4 is passed. 5 Senator Skelos, that completes 6 the noncontroversial calendar. 7 SENATOR SKELOS: Mr. President. 8 If we could just stand at ease for about one 9 minute? 10 ACTING PRESIDENT KUHL: We have a 11 couple of housekeeping measures we could take up 12 at this time if that's okay, Senator Skelos. 13 SENATOR SKELOS: Very good, Mr. 14 President. 15 ACTING PRESIDENT KUHL: Okay. We 16 will return to motions and resolutions. Chair 17 recognizes Senator Cook. 18 SENATOR COOK: Mr. President. On 19 behalf of Senator DeFrancisco, I wish to call up 20 Calendar Number 206, Assembly Print 917. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the title. 23 THE SECRETARY: Calendar Number 5604 1 206, by Member of the Assembly Pillittere, 2 Assembly Print 917, an act to amend the 3 Navigation Law, in relation to vessel lighting. 4 SENATOR COOK: Now move to 5 reconsider the vote by which the Assembly bill 6 was substituted for the Senate bill, Print 7 Number 2640, on March 15. 8 ACTING PRESIDENT KUHL: Secretary 9 will call the roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration.) 12 THE SECRETARY: Ayes 48. 13 ACTING PRESIDENT KUHL: The bill 14 is before the house. 15 Senator Cook. 16 SENATOR COOK: I now move that 17 the Assembly bill, Number 917, be recommitted to 18 the Committee on Tourism, Recreation, and Sports 19 Development, and that the Senate bill be 20 restored to the order of third reading. 21 ACTING PRESIDENT KUHL: The 22 Assembly bill is recommitted. The Senate bill 23 will be replaced on the Third Reading Calendar. 5605 1 SENATOR COOK: Mr. President. I 2 now offer the following amendments. 3 ACTING PRESIDENT KUHL: 4 Amendments are received and adopted. 5 Senator Saland. 6 SENATOR SALAND: Mr. President. 7 I would like to place a sponsor star on Senate 8 Bill 3918, Calendar 607. 9 ACTING PRESIDENT KUHL: Calendar 10 Number 607 will be starred at the request of the 11 sponsor. 12 Chair recognizes Senator 13 Padavan. 14 SENATOR PADAVAN: I would like to 15 call up my bill, Print 3380, recalled from the 16 Assembly which is now at the desk. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the title. 19 THE SECRETARY: Calendar Number 20 299, by Senator Padavan, Senate Print 3380, an 21 act to amend the General Municipal Law and 22 others. 23 ACTING PRESIDENT KUHL: Senator 5606 1 Padavan. 2 SENATOR PADAVAN: Move to 3 reconsider the vote by which the bill passed. 4 ACTING PRESIDENT KUHL: The 5 motion is to reconsider the bill by which the 6 bill passed the house. 7 The Secretary will call the roll 8 on reconsideration. 9 (The Secretary called the roll on 10 reconsideration.) 11 THE SECRETARY: Ayes 48. 12 ACTING PRESIDENT KUHL: The bill 13 is before the house. 14 Senator Padavan. 15 SENATOR PADAVAN: I now offer up 16 the following amendments. 17 ACTING PRESIDENT KUHL: 18 Amendments are received and adopted. 19 SENATOR SKELOS: Mr. President. 20 There will be an immediate meeting of the Higher 21 Education Committee in Room 433A of the Capitol. 22 ACTING PRESIDENT KUHL: There 23 will be an immediate meeting of the Higher 5607 1 Education Committee in Room 433A of the Capitol, 2 433A of the Capitol. 3 SENATOR COOK: Mr. President. I 4 think that Senator Stavisky, who is on the 5 Higher Education Committee, wanted to discuss 6 this bill with the -- I defer to the Majority 7 Leader as to whether we can lay it over for 8 Senator Stavisky's benefit. 9 SENATOR STAVISKY: Or just later 10 in the day, 431. 11 SENATOR COOK: If there is a 12 later. I don't have any objection, but I don't 13 know what the scheduling is here. 14 ACTING PRESIDENT KUHL: Chair 15 recognizes Senator Skelos. 16 SENATOR SKELOS: Lay it aside 17 temporarily. 18 Return to motions and 19 resolutions. 20 ACTING PRESIDENT KUHL: We will 21 return to motions and resolutions. 22 Senator Skelos. 23 SENATOR SKELOS: There is a 5608 1 resolution sponsored by Senator Hoblock at the 2 desk. I ask that the title be read and the 3 resolution adopted. 4 ACTING PRESIDENT KUHL: There is 5 a privileged resolution at the desk by Senator 6 Hoblock. I'll ask the Secretary to read the 7 title. 8 THE SECRETARY: By Senator 9 Hoblock, Legislative Resolution, commending 10 Frances Diacetis upon the occasion of her 11 designation as Senior Citizen of the Year. 12 ACTING PRESIDENT KUHL: Question 13 is on the resolution. All those in favor, 14 signify by saying aye. 15 (Response of "Aye.") 16 Opposed, nay. 17 (There was no response.) 18 The Resolution is adopted. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President. 21 I believe there is another resolution at the 22 desk by Senator Hoblock. 23 ACTING PRESIDENT KUHL: There is 5609 1 another privileged resolution at the desk by 2 Senator Hoblock. I will ask the Secretary to 3 read the title. 4 THE SECRETARY: By Senator 5 Hoblock, Legislative Resolution proclaiming May 6 1995 as Urban League Month in the State of New 7 York. 8 ACTING PRESIDENT KUHL: Question 9 is on the resolution. All those in favor, 10 signify by saying aye. 11 (Response of "Aye.") 12 Opposed, nay. 13 (There was no response.) 14 The resolution is adopted. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President. 17 There will be a conference of the Majority at 18 11:00 a.m., and the Senate will stand in recess 19 until 1:00 p.m. this afternoon. 20 ACTING PRESIDENT KUHL: Without 21 objection, the Senate stands in recess until 22 1:00 p.m. this afternoon. There will be a 23 Majority conference in Room 332 of the Majority 5610 1 Conference Room at 11:00 a.m., 31 minutes from 2 now. 3 Senator Levy. 4 SENATOR LEVY: No. 5 ACTING PRESIDENT KUHL: Okay. 6 Senate stands in recess until 1:00 p.m. this 7 afternoon. 8 (Whereupon, at 10:28 a.m., Senate 9 recessed.) 10 (Whereupon, at 1:00 p.m., Senate 11 reconvened.) 12 ACTING PRESIDENT COOK: Senate 13 will be in order. 14 Senator Farley. 15 SENATOR FARLEY: Thank you, Mr. 16 President. We have some housekeeping. There's 17 a committee assignment and notice. 18 ACTING PRESIDENT COOK: Yes, we 19 do. 20 Secretary will read. 21 Senator, we have a motion we 22 would like to clear up. 23 Senator Marcellino. 5611 1 SENATOR MARCELLINO: Mr. 2 President. I wish to call up my bill, Print 3 Number 2272, recalled from the Assembly, which 4 is now at the desk. 5 ACTING PRESIDENT KUHL: Secretary 6 will read. 7 THE SECRETARY: Calendar Number 8 445, by Senator Lack, Senate Print 2272, an act 9 to amend the Labor Law, in relation to enacting 10 the Advance Technology Act of 1995. 11 SENATOR MARCELLINO: Mr. 12 President. I now move to reconsider the vote by 13 which this bill was passed. 14 ACTING PRESIDENT COOK: The 15 Secretary will call the roll on reconsideration. 16 (The Secretary called the roll on 17 reconsideration.) 18 THE SECRETARY: Ayes 53. 19 ACTING PRESIDENT COOK: The bill 20 is before the house. 21 Senator Marcellino. 22 SENATOR MARCELLINO: Mr. 23 President. I now offer the following 5612 1 amendments. 2 ACTING PRESIDENT COOK: 3 Amendments received and adopted. 4 Senator Farley. 5 SENATOR FARLEY: Does the desk 6 have a committee assignment change? Read it, 7 please. 8 ACTING PRESIDENT COOK: Secretary 9 will read the committee assignment. 10 THE SECRETARY: Senator Bruno 11 handed up the following committee assignment, 12 Committee on Ethics: Delete Senator Johnson, 13 chairman; add Senator Marcellino, chairman. 14 ACTING PRESIDENT COOK: That is 15 filed in the Journal. 16 Senator Farley. 17 SENATOR FARLEY: Yes, Senator 18 Cook. I wish to make an announcement that - 19 all Senators that are within earshot, please pay 20 attention. The Senate will adjourn as of 1:00 21 o'clock today until 3:00 o'clock Monday 22 intervening legis.... 23 Oooo, hold on. 5613 1 Change of orders here. There is 2 an amendment that's coming, and we're just going 3 to have to wait and stand at ease for just a few 4 seconds. 5 ACTING PRESIDENT COOK: Senator, 6 I think you could complete your announcement as 7 to what's going to happen, even though it's not 8 a motion. 9 SENATOR FARLEY: Yes, I will 10 complete the announcement. We will not adjourn 11 until the amendment comes. The Majority Leader 12 has asked that we adjourn shortly after 1:00, 13 and everyone be subject to the call of the 14 Majority Leader; and there may be some 15 announcements, so stay close and bring extra 16 shirts and so forth to possibly next week, and 17 all the intervening days will be legislative. 18 So we will wait for this 19 amendment, and then we will be adjourning for 20 the rest of the week. 21 Senator Cook, if you would 22 recognize Senator Paterson. 23 ACTING PRESIDENT COOK: Senator 5614 1 Paterson. 2 SENATOR PATERSON: So, as I 3 understand it, we will adjourn today until 4 Monday at 3:00 p.m. subject to the call of the 5 Majority Leader? 6 ACTING PRESIDENT COOK: That will 7 be the motion, as I understand it, Senator, yes. 8 SENATOR PATERSON: Does the 9 Majority Leader need my phone number? 10 ACTING PRESIDENT COOK: I beg 11 your pardon? 12 SENATOR FARLEY: He wants to know 13 if you need his phone number. 14 We'll gettcha. 15 SENATOR PATERSON: I'll leave it 16 at the desk. 17 ACTING PRESIDENT COOK: We have 18 your license number, Senator. We'll find you 19 some place. 20 Senator Marcellino. 21 SENATOR MARCELLINO: Mr. 22 President. For Senator Levy, on page number 52, 23 I offer the following amendments to Calendar 5615 1 Number 446, Senate Print Number 25, and ask that 2 said bill retain its place on the Third Reading 3 Calendar. 4 ACTING PRESIDENT COOK: 5 Amendments received. Bill will retain its place 6 on the Third Reading Calendar. 7 Senator Farley, do you have 8 something you would like to say? 9 SENATOR FARLEY: There being no 10 further business to come before the Senate, we 11 will stand adjourned until Monday at 3:00 p.m., 12 regular hour, and intervening legislative days; 13 and, again, I ask that all Senators stay close, 14 subject to the call of the Majority Leader, for 15 the rest of this week. 16 Senate stands adjourned. 17 ACTING PRESIDENT COOK: Without 18 objection, the Senate stands adjourned. 19 (Whereupon, at 1:05 p.m., Senate 20 adjourned.) 21 22 23