Wednesday, May 31, 1995

7041 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 31, 1995 10 10:05 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 7042 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 places, the staff to find their 5 places. Ask everybody in the chamber to rise 6 and join with me in saying the Pledge of 7 Allegiance. 8 (The assemblage repeated the 9 Pledge of Allegiance to the Flag.) 10 In the absence of clergy, may we 11 bow our heads in a moment of silence. 12 (A moment of silence was 13 observed.) 14 Reading of the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, May 30th. The Senate met pursuant to 17 adjournment, Senator Kuhl in the Chair upon 18 designation of the Temporary President. The 19 Journal of Monday, May 29, was read and 20 approved. On motion, the Senate adjourned. 21 ACTING PRESIDENT KUHL: Hearing 22 no objection, the Journal stands approved as 23 read. 7043 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 The Chair recognizes Senator 10 Wright. 11 SENATOR WRIGHT: Mr. President, 12 on behalf of Senator Goodman, on page 23, I 13 offer the following amendments to Calendar 14 Number 733, Senate Print Number 4017, and ask 15 that said bill retain its place on the Third 16 Reading Calendar. 17 ACTING PRESIDENT KUHL: The 18 amendments to Calendar Number 733 are received 19 and adopted. The bill will retain its place on 20 the Third Reading Calendar. 21 SENATOR WRIGHT: Mr. President, 22 on behalf of Senator Libous, please remove the 23 sponsor's star from Calendar Number 939. 7044 1 ACTING PRESIDENT KUHL: The star 2 is removed on Calendar Number 939 at the request 3 of the sponsor. 4 SENATOR LACK: Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Lack. 7 SENATOR LACK: Thank you, Mr. 8 President. 9 I would like to announce a 10:15 10 meeting of the Judiciary Committee in its normal 11 place, Room 124 of the Capitol. 12 ACTING PRESIDENT KUHL: There 13 will be a meeting of the Senate Judiciary 14 Committee at 10:15 in Room 124 of the Capitol. 15 The Chair recognizes Senator 16 Bruno. 17 SENATOR BRUNO: Mr. President, 18 can we at this time go to the non-controversial 19 calendar. 20 ACTING PRESIDENT KUHL: The 21 Secretary will read the non-controversial 22 calendar. 23 THE SECRETARY: On page 8, 7045 1 Calendar Number 245, by Senator LaValle, Senate 2 Print 1126-A, an act to amend the Education Law, 3 in relation to votes on school taxes, 4 propositions to expend money and providing 5 absentee ballots. 6 SENATOR BRUNO: Lay it aside. 7 ACTING PRESIDENT KUHL: Lay the 8 bill aside. 9 THE SECRETARY: Calendar Number 10 440, by Senator Velella, Senate Print 3614-A, an 11 act to amend Chapter 630 of the Laws of 1988 12 amending the Insurance Law, relating to estab 13 lishing an excess line advisory organization. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 2. 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 37. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 7046 1 THE SECRETARY: Calendar Number 2 729, by Senator Wright, Senate Print 2256, an 3 act to amend Chapter 533 of the Laws of 1993 4 amending the Vehicle and Traffic Law and the 5 Correction Law, in relation to the suspension 6 and revocation of driver's license. 7 SENATOR PATERSON: Lay it aside, 8 please. 9 ACTING PRESIDENT KUHL: Lay the 10 bill aside at the request of the Acting Minority 11 Leader. 12 SENATOR WRIGHT: Lay it aside for 13 the day. 14 ACTING PRESIDENT KUHL: Lay the 15 bill aside for the day at the request of the 16 sponsor. 17 THE SECRETARY: Calendar Number 18 760, by Senator Marchi, Senate Print 742-A, an 19 act to amend the Real Property Law, in relation 20 to modifying the real estate continuing 21 education requirement. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 7047 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 37. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 ACTING PRESIDENT KUHL: Announce 10 the results when tabulated. 11 THE SECRETARY: On Calendar 12 Number 760, ayes 36, nays 1, Senator Wright 13 recorded in the negative. 14 ACTING PRESIDENT KUHL: The 15 Secretary will continue to call the 16 non-controversial calendar. 17 THE SECRETARY: Calendar 798, by 18 Senator DiCarlo, Senate Print 2940, an act to 19 amend the Real Property Tax Law, in relation to 20 partial exemption from taxation of real property 21 owned by persons 65 years of age or older. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 7048 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first day of 3 January. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 37. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 800, by Senator Leibell, Senate Print 3871, an 12 act to amend the Real Property Tax Law, in 13 relation to partial real property tax exemptions 14 for senior citizen auxiliary dwelling units. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the 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 40. 23 ACTING PRESIDENT KUHL: The bill 7049 1 is passed. 2 THE SECRETARY: Calendar Number 3 856, by Senator Levy, Senate Print 2670, an act 4 to amend the Vehicle and Traffic Law, in 5 relation to leaving the scene of injury to 6 certain animals without reporting. 7 ACTING PRESIDENT KUHL: The 8 Secretary will read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the 120th day. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 40. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 859, by Senator Goodman, Senate Print 3498, an 19 act to amend the Transportation Law, in relation 20 to estimates of transportation charges for 21 household goods. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 7050 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 120th day. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 ACTING PRESIDENT KUHL: Announce 7 the results when tabulated. 8 THE SECRETARY: Ayes 39, nays 1, 9 Senator Kuhl recorded in the negative. 10 ACTING PRESIDENT KUHL: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 863, by Senator Maltese, Senate Print 4344, an 14 act to amend the Vehicle and Traffic Law, the 15 Criminal Procedure Law and the Tax Law, in 16 relation to penalties for failure to answer a 17 traffic summons. 18 ACTING PRESIDENT KUHL: The 19 Secretary will read the last section. 20 THE SECRETARY: Section 11. This 21 act shall take effect on the first day of 22 November. 23 ACTING PRESIDENT KUHL: Call the 7051 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 40. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 894, by Senator Sears, Senate Print 1355-B, an 8 act to amend the Environmental Conservation Law, 9 in relation to prohibiting the feeding of deer 10 within 300 feet of a public highway. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the 60th day. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 40. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 940, by Member of the Assembly Matusow, Assembly 23 Print 6345-A, an act to amend the Alcoholic 7052 1 Beverage Control Law, in relation to authorizing 2 farm winery licensees. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside for the day at the request of the 5 sponsor. 6 THE SECRETARY: Calendar Number 7 972, by Senator Kuhl, Senate Print 3932-A, an 8 act to amend the Agriculture and Markets Law, in 9 relation to milk control and to repeal certain 10 provisions of such law relating thereto. 11 ACTING PRESIDENT KUHL: The 12 Secretary will read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 40. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1042, by Senator Johnson, Senate Print 3233 - 23 SENATOR JOHNSON: Star the bill. 7053 1 ACTING PRESIDENT KUHL: Star the 2 bill at the request of the sponsor. 3 The Chair recognizes Senator 4 Bruno. 5 SENATOR BRUNO: Mr. President, 6 can we at this time take up the Resolution 7 Calendar and move for its adoption. 8 ACTING PRESIDENT KUHL: We'll 9 return to motions and resolutions. The question 10 is on the Resolution Calendar which is on all 11 the members' desks. All those in favor of 12 adopting it signify by saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 The Resolution Calendar is 17 adopted. 18 The Chair recognizes Senator 19 Bruno. 20 SENATOR BRUNO: Mr. President, 21 can we call an immediate meeting of the Crime 22 Victims, Crime and Corrections Committee in Room 23 332. 7054 1 ACTING PRESIDENT KUHL: There 2 will be an immediate meeting of the Crime 3 Victims, Crime and Corrections Committee in the 4 Majority Conference Room, Room 332. Immediate 5 meeting of the Crime Victims, Crime and 6 Corrections Committee, Majority Conference Room, 7 Room 332. 8 May I have your attention, 9 please? 10 The Chair recognizes Senator 11 Bruno. 12 SENATOR BRUNO: Mr. President, 13 can we call an immediate meeting of the 14 Corporations Committee in Room 332. 15 ACTING PRESIDENT KUHL: There 16 will be an immediate meeting of the Corporations 17 Committee in the Majority Conference Room, Room 18 332, immediate meeting of the Corporations 19 Committee in the Majority Conference Room, Room 20 332. 21 Senator Bruno. 22 SENATOR BRUNO: That meeting, Mr. 23 President, would be followed by a Rules 7055 1 Committee meeting in the same room, Room 332. 2 ACTING PRESIDENT KUHL: 3 Immediately thereafter there will be a Rules 4 Committee meeting in Room 332, the Majority 5 Conference Room, immediately following the 6 Corporations Committee. 7 For the benefit of those people 8 who can hear my voice and who are awaiting the 9 termination of the Corporations Committee 10 meeting, you should be informed that the 11 Corporations Committee meeting is over and that 12 Rules is commencing immediately. Immediate 13 meeting of the Rules Committee in the Majority 14 Conference Room, Room 332, immediate meeting of 15 the Rules Committee in Room 332. 16 Thank you. 17 SENATOR GOODMAN: Mr. President. 18 ACTING PRESIDENT KUHL: The Chair 19 recognizes Senator Goodman. 20 SENATOR GOODMAN: Mr. President, 21 there will be an immediate meeting of the Senate 22 Investigations, Taxation and Government 23 Operations Committee in Room 332 immediately 7056 1 following the Rules Committee. 2 ACTING PRESIDENT KUHL: There 3 will be an immediate meeting of the Committee on 4 Investigations in Room 332 immediately following 5 the Rules Committee meeting. 6 Thank you, Senator Goodman. 7 The Senate will come to order. 8 SENATOR SKELOS: With the 9 consent - 10 ACTING PRESIDENT KUHL: The Chair 11 recognizes Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 with the consent of the Minority, would call up 14 Calendar Number 739 by Senator Wright. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the title of Calendar Number 17 729. 18 THE SECRETARY: On page 22, 19 Calendar 729, by Senator Wright, Senate Print 20 2256, an act to amend Chapter 533 of the Laws of 21 1993 amending the Vehicle and Traffic Law and 22 the Correction Law. 23 ACTING PRESIDENT KUHL: Senator 7057 1 Paterson. 2 SENATOR PATERSON: Mr. President, 3 last year this bill was debated by Senator 4 Galiber. As you know, Senator Galiber is ill 5 and has not been with us for a couple of weeks, 6 but he did ask me to get up and make a statement 7 that would reflect his and many of our points of 8 view on this particular bill. 9 We feel this bill is unnecessary 10 because the federal program that allows for the 11 state to receive funding because of the legisla 12 tion can be received and is being received by 31 13 states right now, and so, in other words, the 14 Governor and the Legislature can opt out of this 15 program simply by passing a resolution that 16 would state that we are in disagreement with the 17 federal legislation. 18 Moving to the substance of the 19 actual legislation itself, we would just like to 20 point out, as Senator Galiber informed me, that 21 this legislation really is ancillary to the 22 actual nature of the crime of possession or 23 dealing of drugs. In other words, the automo 7058 1 bile license and the actual crime are two 2 separate things which is generally not 3 considered in the purview of criminal justice 4 law to be something that is consistent and goes 5 on at other points. 6 If we want to punish someone for 7 the crime of dealing drugs, which is as violent 8 and vicious an act that probably exists in 9 society today, then we need to punish the 10 individual for that act. The ancillary issues 11 of the car and the driver's license might 12 actually apply if the car was being used to 13 assist the actual drug sale. In these types of 14 cases, it's just the proximity or the use of the 15 car which we don't think is actually germane to 16 the charge for which the defendant is arrested 17 and eventually convicted. 18 And so, therefore, Senator 19 Galiber recommends a no vote on this particular 20 legislation. 21 ACTING PRESIDENT KUHL: The Chair 22 recognizes Senator Wright. 23 SENATOR WRIGHT: Mr. President, 7059 1 on the bill. 2 As my colleague relates, the 3 budget does, in fact, reflect an additional 42.6 4 million in federal highway aid as a result of 5 compliance with the federal requirements, but on 6 the point I would also point out that back in 7 1990 prior to this first being enacted in 1993, 8 Statewide Anti-drug Abuse Council recommended 9 several proposals to deter the use of controlled 10 substances. 11 One method identified to reduce 12 substance abuse was to establish civil deter 13 rence in addition to the traditional criminal 14 sanctions available for conviction of 15 drug-related offenses. That's the nature of the 16 legislation. 17 Thank you. 18 ACTING PRESIDENT KUHL: The 19 Secretary 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. 7060 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 50... 3 ACTING PRESIDENT KUHL: Announce 4 the results when tabulated. 5 THE SECRETARY: Those recorded in 6 the negative on Calendar Number 729 are Senators 7 Connor and Paterson. Ayes 52, nays 2. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 there will be a meeting of the Transportation 13 Committee in Room 123 in the Capitol at 11:00 14 a.m. That's in three minutes. 15 ACTING PRESIDENT KUHL: 16 Transportation Committee in -- what room is that 17 again, Senator Skelos? 18 SENATOR SKELOS: Room 123 of the 19 Capitol. 20 ACTING PRESIDENT KUHL: Room 21 123. Transportation Committee in Room 123 of 22 the Capitol at 11:00 a.m., two minutes from now. 23 SENATOR SKELOS: Mr. President, 7061 1 can we stand at ease? 2 ACTING PRESIDENT KUHL: The 3 Senate will stand at ease. 4 (Whereupon, the Senate stood at 5 ease from 10:58 a.m. until 11:00 a.m.) 6 ACTING PRESIDENT KUHL: The 7 Senate will come to order. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 there will be an immediate meeting of the Labor 11 Committee in Room 124 of the Capitol. 12 ACTING PRESIDENT KUHL: Immediate 13 meeting of the Labor Committee in Room 124 of 14 the Capitol, Labor Committee immediate meeting 15 in Room 124 of the Capitol. 16 (Whereupon the Senate stood at 17 ease.) 18 ACTING PRESIDENT KUHL: The 19 Senate will come to order. Members please find 20 their places. 21 The Chair recognizes Senator 22 Skelos. 23 SENATOR SKELOS: There will be an 7062 1 immediate meeting of the Social Services 2 Committee in Room 332 of the Capitol, and just 3 for members' scheduling purposes, there will be 4 a meeting of the Children and Family Committee 5 at 11:30 in Room 332 of the Capitol, and there 6 will be a meeting of the Veterans Committee at 7 11:45 a.m. in Room 433-A of the Capitol. 8 ACTING PRESIDENT KUHL: Immediate 9 meeting of the Social Services Committee in Room 10 332. Immediate meeting of the Rules -- excuse 11 me -- Social Services Committee in Room 332. 12 There will be a meeting of the Children and 13 Family Committee at 11:30 in Room 332. A 14 meeting of the Veterans Committee meeting in 15 Room 433-A at 11:45. 16 The Chair recognizes Senator 17 Paterson. 18 SENATOR PATERSON: Mr. President, 19 would you please recognize Senator Smith and 20 Abate for purposes of vote casting. 21 ACTING PRESIDENT KUHL: Senator 22 Smith. 23 SENATOR SMITH: Mr. Chairman, I 7063 1 would like unanimous consent to be recorded in 2 the negative on Calendar 729. 3 ACTING PRESIDENT KUHL: Without 4 objection. Hearing no objection, Senator Smith 5 will be recorded in the negative on Calendar 6 Number 729. 7 Senator Abate. 8 SENATOR ABATE: Yes. I also ask 9 for unanimous consent to be recorded in the 10 negative on Calendar Number 729. 11 ACTING PRESIDENT KUHL: Without 12 objection. Hearing no objection, Senator Abate 13 will be recorded in the negative on Calendar 14 729. 15 Senator Espada. 16 SENATOR ESPADA: Thank you, Mr. 17 President. 18 I also ask request unanimous 19 consent to be recorded in the negative on 20 Calendar Number 729. 21 ACTING PRESIDENT KUHL: Without 22 objection. Hearing no objection, Senator Espada 23 will be recorded in the negative on Calendar 7064 1 Number 729. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 at 11:15 a.m., there will be a meeting of the 5 Aging Committee in Room 332. So to recap for 6 the members, Labor Committee is meeting right 7 now in Room 124 of the Capitol. Children and 8 Families will be meeting at 11:30 a.m. in 332, 9 Aging at 11:15 in Room 332, Veterans at 11:45 10 a.m. in Room 433-A of the Capitol. 11 ACTING PRESIDENT KUHL: Thank 12 you, Senator Skelos. 13 ACTING PRESIDENT TULLY: Senator 14 Volker. 15 SENATOR VOLKER: The 16 Environmental Conservation Committee will meet 17 immediately in Room 124. Environmental 18 Conservation Committee will meet immediately in 19 Room 124. 20 ACTING PRESIDENT TULLY: There 21 will be an immediate meeting of the 22 Environmental Conservation Committee in Room 23 124. 7065 1 (Whereupon the Senate stood at 2 ease.) 3 ACTING PRESIDENT KUHL: The 4 Senate will come to order. Members please find 5 their places. 6 The Chair recognizes Senator 7 Skelos. 8 SENATOR SKELOS: Mr. President, I 9 believe there's a report of the Rules Committee 10 at the desk. Could we have it read at this 11 time. 12 ACTING PRESIDENT KUHL: There is 13 a report of the Rules Committee. We'll return 14 to reports of standing committees. I'll ask the 15 Secretary to read the Rules report. 16 THE SECRETARY: Senator Bruno, 17 from the Committee on Rules, reports the 18 following bills: 19 Senate Print 181, by Senator 20 Tully, an act to amend the General Municipal 21 Law, in relation to providing coverage for 22 injuries sustained by Nassau County advanced 23 ambulance medical technicians; 7066 1 Senate Print 522-A, by Senator 2 Skelos, an act to amend the Penal Law, in 3 relation to increasing the penalties for 4 custodial interference; 5 654-A, by Senator Skelos, an act 6 to amend the Executive Law, in relation to the 7 search of criminal history records for persons 8 seeking employment in or to adopt a child; 9 917, by Senator Goodman, an act 10 to amend the Civil Rights Law, in relation to 11 prohibiting the non-consensual use of a person's 12 voice; 13 1636, by Senator Holland, an act 14 authorizing the county of Rockland to place 15 county funds into the custody of a private firm; 16 Senate Print 2328, by Senator 17 Volker, an act to amend the Criminal Procedure 18 Law, in relation to peace officer status for 19 cell block attendants; 20 2404, by Senator Kuhl, an act to 21 amend the Public Officers Law, in relation to 22 defense and indemnification of employees of soil 23 and water conservation districts; 7067 1 2584, by Senator Padavan, an act 2 to amend the Penal Law, in relation to disposal 3 of allegedly stolen motor vehicles; 4 2907, by Senator Holland, an act 5 to amend the General Municipal Law, in relation 6 to the establishment of a contingency and tax 7 stabilization reserve fund by the county of 8 Rockland; 9 2979, by Senator Libous, an act 10 to amend the General Municipal Law, in relation 11 to establishing the town of Norwich Industrial 12 Development Agency; 13 3250, by Senator Paterson, an act 14 authorizing the city of New York to reconvey its 15 interest in certain real property acquired by in 16 rem foreclosure in the borough of Manhattan; 17 3327, by Senator Johnson, an act 18 to amend the Criminal Procedure Law, in relation 19 to requiring certain persons committed to the 20 custody of the sheriff pending a hearing on 21 revocation of bail; 22 3748, by Senator Leibell, an act 23 to amend the Criminal Procedure Law, in relation 7068 1 to designating security officers for the town 2 court of the town of Putnam Valley; 3 3799, by Senator Wright, an act 4 to amend the State Administrative Procedure Act, 5 in relation to issuance of declaratory rulings 6 by agencies; 7 4018-A, by Senator Maziarz, an 8 act to amend the Tax Law, in relation to the 9 imposition of sales and use taxes in the county 10 of Orleans; 11 4289, by Senator Volker, an act 12 to amend the Erie County Tax Act, in relation to 13 payment of school taxes in installments; 14 4411, by Senator Marchi, an act 15 to amend the General Business Law, in relation 16 to the registration of securities agents; 17 4842, by Senator Skelos, an act 18 to amend the Civil Practice Law and Rules, in 19 relation to objections to service of process; 20 5188, by the Committee on Rules, 21 an act to amend Chapter 12 of the Laws of 1995, 22 relating to providing a retirement incentive for 23 certain public employees; 7069 1 5199, by Senator Kuhl, an act to 2 amend the Alcoholic Beverage Control Law, in 3 relation to certain types of wine packaging; 4 5246, by the Committee on Rules, 5 an act to amend the Racing, Pari-mutuel Wagering 6 and Breeding Law and Chapter 281 of the Laws of 7 1994 amending the Racing, Pari-mutuel Wagering 8 and Breeding Law and other laws relating to 9 racing and simulcasting; 10 All bills ordered directly for 11 third reading. 12 ACTING PRESIDENT KUHL: Senator 13 Skelos. 14 SENATOR SKELOS: Mr. President, 15 at this time, if we could take up supplemental 16 Calendar Number 1, non-controversial. 17 ACTING PRESIDENT KUHL: Without 18 objection, the Rules report is accepted. All 19 bills are ordered directly to third reading. 20 The Secretary will read the 21 Supplemental Calendar. 22 THE SECRETARY: Senate Bill 1048, 23 by Senator Tully, Senate Print 181, General 7070 1 Municipal Law, in relation to providing coverage 2 for injuries sustained by Nassau County advanced 3 ambulance medical technicians. 4 ACTING PRESIDENT KUHL: There's 5 no home rule message at the desk. The bill will 6 be laid aside. 7 THE SECRETARY: Calendar Number 8 1049, by Senator Skelos, Penal Law, in relation 9 to increasing the penalties for custodial inter 10 ference. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect on the 15th day of 15 November. 16 ACTING PRESIDENT KUHL: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 56. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1050, by Senator Skelos, Senate Print 654A, 7071 1 Executive Law, in relation to the search of 2 criminal history records for persons seeking 3 employment. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 1st day of 8 November. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 56. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1051, by Senator Goodman, Senate Print 917, an 17 act to amend the Civil Rights Law, in relation 18 to prohibiting the non-consensual use of a 19 person's voice. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 3. This 23 act shall take effect on the 1st day of 7072 1 November. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 56. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1052, by Senator Holland, Senate Print 1636, an 10 act authorizing the county of Rockland to place 11 county funds into the custody of a private 12 firm. 13 ACTING PRESIDENT KUHL: There is 14 no home rule message at the desk. The bill will 15 be laid aside. 16 THE SECRETARY: Calendar Number 17 1053, by Senator Volker, Senate Print 2328, an 18 act to amend the Criminal Procedure Law, in 19 relation to peace officer status for cell block 20 attendants. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 7073 1 act shall take effect on the 60th day. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 56. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1054, by Senator Kuhl, Senate Print 2404, an act 10 to amend the Public Officers Law, in relation to 11 defense and indemnification of employees of soil 12 and water conservation districts. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last 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 56. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 7074 1 1055, by Senator Padavan, Senate Print 2584, an 2 act to amend the Penal Law, in relation to 3 disposal of allegedly stolen motor vehicles. 4 ACTING PRESIDENT KUHL: Secretary 5 will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the 1st day of 8 November. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 56. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1057, by Senator Holland, Senate Print 2907, an 17 act to amend the General Municipal Law, in 18 relation to the establishment of a contingency 19 and tax stabilization reserve fund. 20 ACTING PRESIDENT KUHL: There is 21 no home rule message at the desk. The bill will 22 be laid aside. 23 THE SECRETARY: Calendar Number 7075 1 1058, by Senator Libous, Senate Print 2979, an 2 act to amend the General Municipal Law, in 3 relation to establishing the town of Norwich 4 Industrial Development Agency. 5 ACTING PRESIDENT KUHL: There is 6 no home rule message at the desk. The bill will 7 be laid aside. 8 THE SECRETARY: Calendar Number 9 1059, by Senator Paterson, Senate Print 3250, an 10 act authorizing the city of New York to reconvey 11 its interest in certain real property acquired 12 by in rem tax foreclosure. 13 ACTING PRESIDENT KUHL: There's a 14 home rule message at the desk. Secretary will 15 read the last section. 16 THE SECRETARY: Section 5. 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 56. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 7076 1 THE SECRETARY: Calendar Number 2 1060, by Senator Johnson, Senate Print 3327, an 3 act to amend the Criminal Procedure Law, in 4 relation to requiring certain persons committed 5 to the custody of the sheriff pending a hearing 6 on revocation of bail. 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 57. 15 ACTING PRESIDENT KUHL: The 16 bill's passed. 17 THE SECRETARY: Calendar Number 18 1061, by Senator Leibell, Senate Print 3748, an 19 act to amend the Criminal Procedure Law, in 20 relation to designating security officers for 21 the town court of the town of Putnam Valley. 22 ACTING PRESIDENT KUHL: Secretary 23 will read the last section. 7077 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 57. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1062, by Senator Wright, Senate Print 3799, an 11 act to amend the State Administrative Procedure 12 Act, in relation to issuance of declaratory 13 rulings by agencies. 14 ACTING PRESIDENT KUHL: Secretary 15 will read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the 180th day. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 57. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 7078 1 THE SECRETARY: Calendar Number 2 1063, by Senator Maziarz, Senate Print - 3 SENATOR SKELOS: Lay aside for 4 the day. 5 ACTING PRESIDENT KUHL: Lay the 6 bill aside for the day. 7 THE SECRETARY: Calendar Number 8 1064, by Senator Volker, Senate Print 4289, an 9 act to amend the Erie County Tax Act, in 10 relation to payment of school taxes in 11 installments. 12 ACTING PRESIDENT KUHL: Secretary 13 will read the last section. 14 THE SECRETARY: Section 3. 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 57. 20 ACTING PRESIDENT KUHL: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1065, by Senator Marchi, Senate Print 4411, an 7079 1 act to amend the General Business Law, in 2 relation to the registration of securities 3 agents. 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 57. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1066, by Senator Skelos, Senate Print 4842, an 16 act to amend the Civil Practice Law and Rules, 17 in relation to objections to service of 18 process. 19 ACTING PRESIDENT KUHL: Secretary 20 will read the last section. 21 THE SECRETARY: Section 3. This 22 act shall take effect on the -- January 1st. 23 ACTING PRESIDENT KUHL: Call the 7080 1 roll. 2 (The Secretary called the roll. ) 3 THE SECRETARY: Ayes 57. 4 ACTING PRESIDENT KUHL: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 1067, by the Committee on Rules, Senate Print 8 5188, an act to amend Chapter 12 of the Laws of 9 1995, relating to providing a retirement 10 incentive for certain public employees. 11 ACTING PRESIDENT KUHL: Secretary 12 will read the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 57. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1068, by Senator Kuhl, Senate Print 5199, an act 23 to amend the Alcoholic Beverage Control Law, in 7081 1 relation to certain types of wine packaging. 2 ACTING PRESIDENT KUHL: Secretary 3 will read the last section. 4 THE SECRETARY: Section 3. 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 57. 10 ACTING PRESIDENT KUHL: The 11 bill's passed. 12 THE SECRETARY: Calendar Number 13 1069, by the Committee on Rules, Senate Print 14 5246, an act to amend the Racing, Pari-mutuel 15 Wagering and Breeding Law and Chapter 281 of the 16 Laws of 1994, amending the Racing, Pari-mutuel 17 Wagering and Breeding Law. 18 ACTING PRESIDENT KUHL: Senator 19 Skelos. 20 SENATOR SKELOS: Mr. President, 21 is there a message at the desk? 22 ACTING PRESIDENT KUHL: There is 23 a message of necessity at the desk, Senator 7082 1 Skelos. 2 SENATOR SKELOS: Move we accept 3 the message. 4 ACTING PRESIDENT KUHL: Motion is 5 to accept the message of necessity. All those 6 in favor signify by saying aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response. ) 10 The message is adopted. 11 Secretary will read the last 12 section. 13 THE SECRETARY: Section 5. This 14 act shall take effect immediately. 15 ACTING PRESIDENT KUHL: Call the 16 roll. 17 (The Secretary called the roll. ) 18 THE SECRETARY: Ayes 57. 19 ACTING PRESIDENT KUHL: The bill 20 is passed. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 as a reminder, the Veterans Committee meeting is 7083 1 in Room 433A of the Capitol starting in about 30 2 seconds, and there is a Tourism Committee 3 meeting at 11:45 a.m., in Room 124 of the 4 Capitol. 5 ACTING PRESIDENT KUHL: Veterans 6 Committee meeting starting now, Room 433A, 7 Tourism Committee Meeting now in Room 123 - 8 excuse me, 124, of the Capitol. 9 Senator Padavan. 10 SENATOR PADAVAN: Under motions, 11 Mr. President, I'd like to star two of my bills, 12 Calendar Numbers 735 and 742. 13 ACTING PRESIDENT KUHL: At the 14 request of the sponsor, sponsor's stars will be 15 placed on Calendar Number 735 and 742. 16 Senator Present. 17 SENATOR PRESENT: Mr. President, 18 on page 39, I offer the following amendments to 19 Calendar Number 943, in behalf of Senator 20 Goodman, Assembly -- Senate Print 5055A, and ask 21 that it retain its place on the Third Reading 22 Calendar. 23 ACTING PRESIDENT KUHL: 7084 1 Amendments to Calendar Number 943 are received 2 and adopted. Bill will retain its place on the 3 Third Reading Calendar. 4 Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 can we just stand at ease for a -- for a minute. 7 ACTING PRESIDENT KUHL: Senate 8 will stand at ease for a couple of minutes. 9 (Whereupon the Senate stood at 10 ease briefly.) 11 ACTING PRESIDENT KUHL: The 12 Senate will come to order. 13 Chair recognizes Senator Skelos. 14 SENATOR SKELOS: Is there any 15 housekeeping at the desk? 16 ACTING PRESIDENT KUHL: We're all 17 taken care of, Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 there being no further business, the Senate will 20 stand adjourned until 10:00 a.m. Thursday, June 21 1st, at 10:00 a.m., sharp. 22 ACTING PRESIDENT KUHL: Without 23 objection, the Senate stands adjourned until 7085 1 tomorrow, Thursday, June 1st, at 10:00 a.m. 2 Again note the time change, 10:00 a.m. 3 (Whereupon, at 11:50 a.m., the 4 Senate adjourned.) 5 6 7 8 9 10 11