Tuesday, January 16, 1996

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 January 16, 1996 10 3:04 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 Would everyone please rise and 5 join me in the Pledge of Allegiance. 6 (Whereupon, the Senate and those 7 present joined in the Pledge of Allegiance to 8 the Flag.) 9 May we bow our heads in a moment 10 of silence. 11 (Whereupon, there was a moment of 12 silence.) 13 The reading of the Journal, 14 please. 15 THE SECRETARY: In Senate, 16 Sunday, January 14. The Senate met pursuant to 17 adjournment. Senator Hoblock in the chair. The 18 Journal of Saturday, January 13, was read and 19 approved. On motion, Senate adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as read. 22 Presentation of petitions. 23 Messages from the Assembly. 1 Messages from the Governor. 2 Reports of standing committees. 3 The Secretary will read. 4 THE SECRETARY: Senator Stafford, 5 from the Committee on Finance, offers up the 6 following nomination: Member of the State Board 7 of Parole, Mary Ellen Jones of Rochester. 8 THE PRESIDENT: Senator Stafford. 9 SENATOR STAFFORD: Thank you, 10 Madam President. 11 Madam President, I first would 12 like to state, place on the record -- I would 13 indicate that today's Finance Committee meeting 14 was held as scheduled. Everyone who was to be 15 notified or should have been notified, including 16 the Minority, were so notified in advance that 17 the nomination of Mary Ellen Jones would be 18 added to the agenda. I trust I make myself 19 clear. 20 I would state, Mr. President, 21 that Mary Ellen Jones appeared before our 22 committee, and I know some other chairman will 23 be speaking concerning their meeting, Crime and 1 Correction, Senator Nozzolio. But I would state 2 that Mary Ellen Jones was completely prepared, 3 has the qualifications; and after some 4 questions, some comments, mostly sharing with 5 her the good fortune of her serving on the 6 Parole Board, the Senate Finance Committee voted 7 to send her nomination to the floor, and I do so 8 proudly. 9 I will now yield to Senator 10 Nozzolio. 11 THE PRESIDENT: Senator 12 Nozzolio. 13 SENATOR NOZZOLIO: Thank you, 14 Madam President. My colleagues. I offer up the 15 following notice with regard to the New York 16 State Senate Committee on Crime and Corrections 17 held earlier today. I ask that it be read and 18 filed in the Journal. 19 THE PRESIDENT: The Secretary 20 will read. 21 THE SECRETARY: By Senator 22 Nozzolio, Notice from the Senate Standing 23 Committee on Crime Victims, Crime and 1 Corrections. Pursuant to Senate Rule 7, Section 2 3, the following members of said committee 3 constituting the majority thereof called for a 4 special meeting of the committee to be held at 5 10:00 a.m. on Tuesday, January 16, to consider 6 the Governor's nomination of Mary Ellen Jones to 7 become a member of the State Board of Parole. 8 Those present: Senators Nozzolio, Goodman, 9 Volker, Cook, Saland, Maziarz, Sears, Wright, 10 DiCarlo. 11 THE PRESIDENT: Notice will be 12 filed in the Journal. 13 Senator Nozzolio. 14 SENATOR NOZZOLIO: Madam 15 President. It gives me great pleasure to place 16 in nomination and speak on behalf of the 17 nomination of Mary Ellen Jones to serve on the 18 Parole Board. 19 Madam President. My colleagues. 20 This nomination of Senator Jones continues 21 Governor Pataki's efforts to nominate and place 22 top-flight leaders in important positions in his 23 administration. The nomination of Senator Jones 1 to serve on the State Parole Board is based on 2 her ability, experience and integrity. 3 Senator Jones joins a 4 distinguished list of legislators who have been 5 appointed to serve as part of the Pataki 6 administration. Senator Daly, Assemblyman 7 Casale, Behan, King, Davidsen, and Rappleyea. 8 Each of those former members of the State 9 Legislature were selected on the basis, above 10 all other bases, of their ability to serve 11 people, just as Senator Jones has demonstrated 12 throughout her career in public service. 13 As chairman of the Senate Crime 14 and Corrections Committee, it is my honor to 15 offer the nomination of Senator Jones to the 16 Parole Board. Senator Jones has represented 17 extremely well the interests of Monroe County 18 and her Senatorial District these last three 19 years. She's been an active member of many 20 committees of this body and, particularly, the 21 Senate Committee on Crime Victims, Crime and 22 Corrections, and has served as a legislative 23 leader in the area of tougher laws for sex 1 offenders, strengthening crime victims rights, 2 and working towards the enactment of Megan's 3 Law. 4 Senator Jones has been a 5 distinguished member of this house but, before 6 that, served with equal distinction in the 7 Monroe County Legislature, active in that body 8 on the Public Safety Committee. She is 9 certified as an Emergency Medical Technician and 10 has ridden the ambulances continually throughout 11 her tenure in public life and continues even 12 today as her commitment to service of her fellow 13 individuals. 14 That Senator Jones, active in 15 drug treatment, active in areas of domestic 16 violence prevention, active in areas of victims' 17 assistance, ideally suited for service on the 18 Parole Board; and distinguished service, that is 19 exactly what Senator Mary Ellen Jones has always 20 stood for, and I'm confident that is exactly 21 what she will bring to her new assignment as a 22 member of the New York State Parole Board. 23 Madam President. My colleagues. 1 It is with great honor that I rise in support of 2 this fine nomination. 3 Thank you. 4 THE PRESIDENT: Senator Bruno. 5 SENATOR BRUNO: Thank you, Madam 6 President. I would like to move the nomination 7 that has been placed on the floor. 8 THE PRESIDENT: Senator Hoffmann. 9 SENATOR HOFFMANN: I rise with 10 mixed feelings to support the nomination of 11 Senator Jones to Parole Board because I will be 12 losing a valued friend in this chamber as will 13 many others. We have come to have extremely 14 warm feelings for Senator Jones and have known 15 in the years that she served here that we could 16 always rely upon her uncanny ability to see with 17 common sense, as a first-grade school teacher 18 can see, some of the issues that many of us 19 would otherwise render much too difficult to 20 comprehend or too difficult to explain to the 21 general public. Mary Ellen has that wonderful 22 skill at breaking a complex issue down to its 23 most elementary parts and finding a way to come 1 up with a solution that is satisfactory to all 2 parties concerned. She's able to function in a 3 bipartisan manner under the most difficult 4 circumstances. 5 These kind of creative talents 6 are going to hold her in excellent stead dealing 7 with one of the more pressing problems that we 8 face in the state today, and that is the growing 9 number of people who are leaving our facilities 10 of incarceration, reentering the community and, 11 often, do not have any provisions made for how 12 they will satisfactorily reintegrate into 13 society. I am comforted in knowing that someone 14 of Senator Jones' creative thought, wide-range 15 of experience and unbelievable hard work is 16 going to be serving in that capacity. 17 At the same time, I would be 18 remiss if I did not say that I will miss her as 19 a colleague and I'm sorry that we will be losing 20 her in the Senate chambers, but it is to the 21 benefit of New York State that she's continuing 22 in public service, and I compliment Governor 23 Pataki on his remarkable ability to have located 1 such an excellent choice for the Parole Board. 2 THE PRESIDENT: Senator Farley. 3 SENATOR FARLEY: Thank you, Madam 4 President. I rise to support the nomination of 5 Senator Mary Ellen Jones. 6 I think if there is any member of 7 the other side that is respected and admired and 8 liked by my conference and me personally, it's 9 Senator Jones, and I can't think of anybody that 10 has served in a more partisan manner and 11 deserves this appointment. 12 Mary Ellen, you have been a 13 credit to this chamber and a member of the 14 Senate family, and we're delighted to see you 15 get this appointment, and I wish you all the 16 best and the best wishes to you and your family. 17 Good luck. 18 THE PRESIDENT: Senator Cook. 19 SENATOR COOK: Thank you, Madam 20 President. 21 I also have mixed feelings 22 regarding Senator Jones' appointment. As a 23 member of the Education Committee, I'm going to 1 miss her very much. The thing that I have 2 always admired about her was that when she made 3 comments, they were substantive comments, 4 comments based on an understanding of the 5 situation, comments based on some real feelings 6 and experience, and I also consider her 7 something of a collaborator because we have a 8 very sensitive bill that we worked on for a 9 couple of years, and she worked, I'm sure, with 10 members of her conference to help get that bill 11 passed, and I think that we can take pleasure 12 that with the Governor's cooperation the bill is 13 now law, and probably 100 children a year have 14 their lives saved as a result of that bill, and 15 that is something that I think you can share in, 16 Senator, and I want to thank you for your part 17 in that and for all the leadership that you have 18 shown and, more than that, the leadership I know 19 you are going to continue to show. 20 THE PRESIDENT: Has every member 21 wishing to speak been heard? 22 SENATOR DeFRANCISCO: Excuse me. 23 THE PRESIDENT: The question - 1 oh, I'm sorry. 2 Senator DeFrancisco. 3 SENATOR DeFRANCISCO: Yes. I 4 also rise in support of the nomination. I think 5 one thing hasn't been said yet; and that is, the 6 role of somebody on the State Board of Parole is 7 a role much like a judge, and that person has to 8 be fair and impartial, open-minded in looking at 9 both sides of an issue, and that's what's 10 impressed me about Senator Jones. She's an 11 individual who looks at both sides of the issue, 12 will be compassionate but fair, and that's the 13 way she's shown herself on this floor of the 14 Senate for the years that she's been there. 15 So I rise in support of the 16 nomination, and I wish her the best of luck 17 because I wish her the best of the luck because 18 whenever there is an issue in the State Board of 19 Parole, there's always two sides of the issue, 20 and if I have a case where I want someone to 21 evaluate those two sides, I want someone like 22 Mary Ellen Jones to do that. 23 THE PRESIDENT: The question is 1 on the confirmation of the Mary Ellen Jones as a 2 member of State Board of Parole. All in favor 3 signify by saying aye. 4 (Response of "Aye.") 5 Opposed, nay. 6 Senator Bruno. 7 SENATOR BRUNO: Madam President. 8 By way of explaining my vote, I would just like 9 to add my voice to the others, in that, this is 10 a happy occasion for the people of this state 11 that we'll do well by the services rendered by 12 Senator Mary Ellen Jones, and we will miss her 13 in this chamber because she has been a colleague 14 that relates to the issues and, all of us know, 15 has extremely well been a representative of the 16 people in her area and of this state, so she 17 goes on to greater public service and we admire 18 and we respect her for the good works that she 19 does on behalf of all of the people of this 20 state. I vote aye. 21 THE PRESIDENT: All those opposed 22 nay. 23 Senator Paterson. 1 SENATOR PATERSON: Madam 2 President. I would like to be recorded in the 3 negative on this nomination. 4 THE PRESIDENT: The record will 5 so indicate. 6 Mary Ellen Jones is hereby 7 confirmed as a member of the state Board of 8 Parole. 9 (Applause.) 10 Senator Bruno. 11 SENATOR BRUNO: Madam President. 12 Can we at this time call for an immediate 13 meeting of the Rules Committee in Room 332. 14 THE PRESIDENT: There is an 15 immediate meeting of the Rules Committee in Room 16 332. 17 Committee reports. 18 The Secretary will read. 19 THE SECRETARY: Senator Saland, 20 from the Committee on Children and Families, 21 hands up the following bills directly for third 22 reading: 23 Senate Print 1741, by Senator 1 Skelos, an act to amend the Social Services Law, 2 in relation to access to certain conviction 3 records. 4 2108, by Senator Saland, an act 5 to amend the Family Court Act, in relation to 6 judicial notification. 7 Senate Print 2594, by Senator 8 Saland, an act to amend the Social Services Law, 9 in relation to child abuse. 10 Senate Print 5712, by Senator 11 Goodman, an act to amend the Social Services 12 Law, in relation to disclosure of information in 13 the Statewide Central Register of Child Abuse. 14 Senator Trunzo, from the 15 Committee on Civil Service and Pensions, hands 16 up the following bills directly for third 17 reading: 18 Senate Print 3653A, by Senator 19 Trunzo, an act to amend the Retirement and 20 Social Security Law, in relation to permitting 21 pensioners to enter into marriage. 22 Senate Print 5779, by Senator 23 Trunzo, an act to amend the Civil Service Law, 1 in relation to providing jurisdiction to the 2 Public Employee Relations Board. 3 Senator Stafford, from the 4 Committee on Finance, offers up the following 5 bills directly for third reading: 6 Senate Print 5434A, by Senator 7 Maziarz, an act to amend the State Finance Law, 8 in relation to establishing a transportation 9 mobility revolving loan. 10 Senate Print 5597, by Senator 11 Bruno, Concurrent Resolution of the Senate and 12 the Assembly, proposing an amendment to Section 13 20 of Article 3 of the Constitution. 14 Senate Print 5598, by Senator 15 Bruno, an act to amend the Legislative Law, the 16 State Finance Law, and the Executive law, in 17 relation to estimates of state revenues. 18 Senator Stafford from the 19 Committee on Finance offers up the following 20 bills directly for third reading -- or Senator 21 Velella, excuse me, offers up the following 22 bills directly for third reading: 23 Senate Print 69, by Senator 1 Larkin, an act to amend the Insurance Law and 2 the Tax Law, in relation to supplemental health 3 insurance accounts. 4 Senate Print 1261B, by Senator 5 Stafford, an act to amend the Insurance Law and 6 the General Obligations Law, in relation to 7 limiting liability for property owners. 8 Senate Print 3459B, by Senator 9 Velella, an act to amend the Insurance Law in 10 relation to the definition of surety insurance. 11 Senate Print 5711, by the 12 Committee on Rules, an act to amend the 13 Insurance Law, the Tax Law, the Administrative 14 Code of the City of New York, in relation to the 15 tax deductibility of long-term care insurance 16 coverages. 17 All the bills directly for third 18 reading. 19 THE PRESIDENT: Without 20 objection, all bills will go directly to a third 21 reading. 22 Report of select committees. 23 Communications from state 1 officers. 2 Motions and resolutions. 3 Senator DiCarlo. 4 SENATOR DiCARLO: Madam 5 President. On behalf of Senator Cook, on page 6 5, I offer the following amendments to Calendar 7 18, Senate Print 4875, and ask that said bill 8 retain its place on Third Reading Calendar. 9 THE PRESIDENT: So ordered. 10 SENATOR DiCARLO: Also, Madam 11 President, on behalf of Senator Hannon, please 12 place a sponsor star on Calendars 11 and 12. 13 THE PRESIDENT: So ordered. 14 Senator Nanula. 15 SENATOR NANULA: Madam 16 President. I move that the following bill be 17 discharged from its respective committee and be 18 recommitted with instructions to strike the 19 enacting clause: It's Senate Number 2052. 20 THE PRESIDENT: The enacting 21 clause will be struck and the bill will be 22 recommitted. 23 SENATOR NANULA: Thank you. 1 THE PRESIDENT: Senator Bruno, 2 are you ready for the calendar? 3 SENATOR BRUNO: Madam President, 4 yes. Can we at this time take up the 5 noncontroversial calendar. 6 THE PRESIDENT: The Secretary 7 will read. 8 THE SECRETARY: Calendar Number 9 2, by Senator Farley, Senate Print 2836, an act 10 to amend the Banking Law, in relation to money 11 transmitters. 12 THE PRESIDENT: Read the last 13 section, please. 14 THE SECRETARY: Section Number 15 6. This act shall take effect on the 90th day. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 53. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 5, by Senator DeFrancisco, Senate Print 4228, an 23 act to amend the Lien Law, in relation to notice 1 of lien on account of public improvements. 2 THE PRESIDENT: Read the last 3 section, please. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE PRESIDENT: Results. 9 THE SECRETARY: Ayes 52. Nays 10 1. Senator Nanula recorded in the negative. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 7, by Senator Saland, Senate Print 5107, an act 15 to amend the Family Court Act, in relation to 16 the submission of transcripts in Family Court. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 2. This 20 act shall take effect on the 30th day. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE PRESIDENT: Results. 1 THE SECRETARY: Ayes 53. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 14, by Senator Kuhl, Senate Print 1385, an act 6 to amend the Agriculture and Markets Law, in 7 relation to exempting working search dogs from 8 licensing fees. 9 THE PRESIDENT: Read the last 10 section, please. 11 THE SECRETARY: Section 3. This 12 act shall take effect on the first day of 13 January. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Results. 17 THE SECRETARY: Ayes 53. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 16, by Senator Kuhl, Senate Print 2315, an act 22 to amend the Agriculture and Markets Law, in 23 relation to the producer referendum under the 1 Rogers-Allen law. 2 THE PRESIDENT: Read the last 3 section, please. 4 THE SECRETARY: Section 4. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE PRESIDENT: Results. 9 THE SECRETARY: Ayes 53. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 23 Senate Print 184, an act to amend the Penal 14 Law, in relation to menacing in the first 15 degree. 16 THE PRESIDENT: Read the last 17 section, please. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first day of 20 November. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE PRESIDENT: Results. 1 THE SECRETARY: Ayes 53. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 31, by Senator Volker, Senate Print 3773, an act 6 to amend the Criminal Procedure Law, in relation 7 to submission of written materials to the jury 8 during deliberations. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 3. This 12 act shall take effect 90 days after it shall 13 have become a law. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Results. 17 THE SECRETARY: Ayes 53. 18 THE PRESIDENT: Senator 19 DeFrancisco. 20 SENATOR DeFRANCISCO: I rise to 21 explain my negative vote. I just want to make 22 it clear that the reason that I'm voting no on 23 this bill, I've tried cases for a few years now 1 and what the bill would provide is that the 2 portions of the judge's instructions concerning 3 the elements of a crime could be allowed to be 4 presented to the jury in the jury room for their 5 review along with the elements of the crime. I 6 know that there is a split in the various 7 departments of the state as to how the Appellate 8 Divisions feel about this particular issue. I 9 feel that that's a bad way to run a court. I 10 think what's going to happen, especially now 11 that juries are now -- can now be such a varied 12 degree of individuals including lawyers in the 13 jury room that someone is going to be taking 14 over the role of a judge and interpreting and 15 explaining to jurors in the jury room what these 16 elements really mean and interpreting the 17 judge's instruction as they are there. 18 I think it's much better practice 19 as we have it presently that, with respect to 20 instructions, those instructions should come 21 from the word and the mouth of the judge, and 22 the judge can explain those issues much more 23 carefully and based upon the law better than a 1 juror who will be trying to interpret those 2 instructions to the jury, so I vote in the 3 negative for that reason. 4 THE PRESIDENT: Thank you, 5 Senator. 6 The results, please. 7 THE SECRETARY: Ayes 52. Nays 8 1. Senator DeFrancisco recorded in the 9 negative. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 34, by Senator Goodman, Senate Print 983, an act 14 to amend the Arts and Cultural Affairs Law, in 15 relation to the New York State fine arts 16 collection. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE PRESIDENT: Results. 1 THE SECRETARY: Ayes 53. 2 THE PRESIDENT: Senator Hoblock, 3 are you recording your negative vote? 4 THE SECRETARY: In relation to 5 Calendar Number 34, Senator Hoblock recorded in 6 the negative. Ayes 52. Nays 1. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 38, by Senator Volker, Senate Print 95, an act 11 to amend the Vehicle and Traffic Law, in 12 relation to authorizing villages and towns to 13 regulate traffic at parking areas and driveways 14 of office buildings. 15 THE PRESIDENT: Read the last 16 section. 17 THE SECRETARY: Section 4. This 18 act shall take effect on the 30th day. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE PRESIDENT: Results. 22 THE SECRETARY: Ayes 53. 23 THE PRESIDENT: The bill is 1 passed. 2 THE SECRETARY: Calendar Number 3 44, by Senator Stafford, Senate Print 610, an 4 act to amend the Vehicle and Traffic Law, in 5 relation to the operation of school buses with 6 headlights and tail lights. 7 THE PRESIDENT: Read the last 8 section, please. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first day of July 11 next succeeding. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE PRESIDENT: Results. 15 THE SECRETARY: Ayes 52. Nays 16 1. Senator Seward recorded in the negative. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 45, by Senator LaValle, Senate Print 1491, an 21 act to amend the Vehicle and Traffic Law, in 22 relation to traffic control signal indicators. 23 THE PRESIDENT: Read the last 1 section, please. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the first day of 4 January. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE PRESIDENT: Results. 8 THE SECRETARY: Ayes 53. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 46, by Senator Wright, Senate Print 3186, an act 13 to amend the Vehicle and Traffic Law, in 14 relation to allowing commercial vehicles to have 15 distinctive plates. 16 THE PRESIDENT: Read the last 17 section, please. 18 THE SECRETARY: Section 3. This 19 act shall take effect on the 60th day. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE PRESIDENT: Results. 23 THE SECRETARY: Ayes 53. 1 THE PRESIDENT: The bill is 2 passed. 3 That completes the 4 noncontroversial calendar. 5 Senator Skelos. 6 SENATOR SKELOS: Madam 7 President. May we please return to reports of 8 standing committees. I believe there is a 9 report of the Rules Committee at the desk. 10 THE PRESIDENT: Yes. The 11 Secretary will read. 12 THE SECRETARY: Senator Bruno 13 from the Committee on Rules hands up the 14 following bill directly for third reading: 15 Senate Print 5800, by Senator 16 Marcellino, an act authorizing the extension of 17 time for the collection of taxes without 18 penalties in the city of Glen Cove. 19 THE PRESIDENT: Senator Skelos. 20 SENATOR SKELOS: Madam 21 President. I move we accept the report of the 22 Rules Committee. 23 THE PRESIDENT: All those in 1 favor of accepting the report of the Rules 2 Committee, signify by saying aye. 3 (Response of "Aye.") 4 Opposed, nay. 5 (There was no response.) 6 The report is accepted. 7 Senator Skelos. 8 SENATOR SKELOS: Madam 9 President. At this time, I would like to take 10 up Calendar Number 50, Senate 5800, which was 11 just reported from the Rules Committee. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 50, by Senator Marcellino, Senate Print 5800, an 16 act authorizing the extension of time for the 17 collection of taxes without penalty in the city 18 of Glen Cove in 1996. 19 THE PRESIDENT: Read the last 20 section, please. 21 THE SECRETARY: Section 3. This 22 act shall take effect immediately. 23 THE PRESIDENT: Call the roll. 1 (The Secretary called the roll.) 2 THE PRESIDENT: Results. 3 THE SECRETARY: Ayes 53. 4 THE PRESIDENT: The bill is 5 passed. 6 Senator Skelos. 7 SENATOR SKELOS: Madam 8 President. On behalf of Senator Bruno, I hereby 9 file notice that he will move to amend Senate 10 Rules 2, 3, 5, 6, 7, 8, 9, 10, 11, 13, 14 and 11 ask that said notice be filed in the Journal. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: By Senator Bruno, 15 motion to amend the rules. I hereby give 16 written notice, as required by Rule 11, that I 17 will move to amend the following rule: 18 Rule 2, Section 6, in relation to 19 the powers of the Temporary President. 20 Rule 3, Section 1, in relation to 21 the powers of presiding officer. 22 Rule 5, Sections 2, 3, 4, 5, 6, 23 7, 8 and 9, in relation to the meeting hours of 1 session, the creation of a motion, and 2 reconsideration of questions. 3 Rule 6, Sections 1, 2, 3, 4 and 4 9, in relation to the introduction of bills and 5 resolutions. 6 Rule 7, Sections 1, 3 and 5, in 7 relation to the size and creation of standing 8 committees and the duties of standing 9 committees. 10 Rule 8, Sections 3, 4, 6 and 8, 11 in relation to bills on the Third Reading 12 Calendar, notice of amendments and recall and 13 concurrence. 14 Rule 9, Sections 2, 3, and 4, in 15 relation to order and decorum of debate. 16 Rule 10, Sections 2 and 3, in 17 relation to admission to the Senate floor and 18 freedom of information. 19 Rule 11, Section 1, to make 20 technical corrections. 21 Rule 13, Section 2, in relation 22 to expenditure reporting; and 23 Rule 14, Section 1, in relation 1 to freedom of information. 2 THE PRESIDENT: Notice will be 3 filed in the Journal. 4 Senator Skelos. 5 Who goes first? 6 Senator Paterson. 7 SENATOR PATERSON: Madam 8 President. Would the Acting Majority Leader 9 yield for a question? 10 THE PRESIDENT: Senator Skelos. 11 SENATOR SKELOS: Absolutely. 12 SENATOR PATERSON: Madam 13 President. I just want to know when the 14 Majority Leader intends to act on the notice? 15 SENATOR SKELOS: I believe it's 16 the intention of the Majority Leader to act on 17 those tomorrow morning during session. 18 THE PRESIDENT: Senator Paterson. 19 SENATOR PATERSON: Session 20 tomorrow will be at - 21 SENATOR SKELOS: I was just going 22 to announce it when I make my motion to adjourn. 23 SENATOR PATERSON: I'm sorry. 1 SENATOR SKELOS: Madam 2 President. There being no further business, I 3 move we adjourn until Wednesday, January 17, 4 1966 at 10:00 a.m. sharp. 5 THE PRESIDENT: 1996, Senator 6 Skelos? 1996. 7 SENATOR SKELOS: 1996. 8 THE PRESIDENT: Right. Without 9 objection, the Senate stands adjourned until 10 Wednesday, January - 11 SENATOR PATERSON: Madam 12 President. 13 THE PRESIDENT: Oh, Senator 14 Paterson. 15 SENATOR PATERSON: Madam 16 President. The Notice of Rule Change is due to 17 be filed under - 18 SENATOR SKELOS: I believe the 19 Senate stands adjourned. 20 THE PRESIDENT: Just a moment, 21 please. 22 SENATOR PATERSON: I want to 23 point out, Madam President, that the Notice - 1 THE PRESIDENT: Can you be 2 patient one second, please. 3 SENATOR PATERSON: Absolutely, 4 Madam President. 5 THE PRESIDENT: The motion to 6 adjourn has been made. It's not a debatable 7 motion. Should we have a vote on the motion? 8 SENATOR PATERSON: Madam 9 President. I was asking a question of the 10 Majority Leader that he told me he would answer, 11 and the reason I was asking him the question was 12 because under Rule 11, which is how these rules 13 are being changed, they require a 24-hour 14 notice; and, therefore, if the time of 15 tomorrow's session was going to be at -- 10:00 16 a.m.? 17 SENATOR SKELOS: Sharp. 18 SENATOR PATERSON: -- 10:00 a.m. 19 sharp, that leaves us five and a half hours 20 short of the 24 hours; and so giving the 21 Minority an opportunity to review the rules 22 change, I was going to suggest that we act on 23 the rules change in the first day of session 1 next week, January 22. 2 SENATOR SKELOS: We appreciate 3 your recommendation, and certainly I will convey 4 that to Senator Bruno. 5 I believe the motion is - 6 SENATOR PATERSON: Madam 7 President. 8 THE PRESIDENT: Senator Paterson. 9 SENATOR PATERSON: I was wishing 10 that the Deputy Majority Leader convey the rule 11 to Senator Bruno not my opinion; in other words, 12 I'm just saying that that's my understanding of 13 how we should do it. 14 SENATOR SKELOS: I will convey 15 everything that you have suggested to the 16 Majority Leader, and I believe there is a motion 17 before the house to adjourn which is non 18 debatable. 19 THE PRESIDENT: Yes. 20 SENATOR SKELOS: If we could have 21 a decision by the chair whether we stand 22 adjourned or not. 23 THE PRESIDENT: Without 1 objection, I believe, the Senate stands 2 adjourned until Wednesday, January 17, at 10:00 3 a.m. sharp. 4 (Whereupon, at 3:35 p.m., Senate 5 adjourned.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23