Wednesday, February 14, 1996

1348 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 February 14, 1996 10 11:00 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 1349 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 take their chairs, the staff to find their 5 places. Ask all of you to rise and join with me 6 in saying the Pledge of Allegiance to the Flag. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 In the absence of clergy, may we 10 bow our heads in a moment of silence. 11 (A moment of silence was 12 observed.) 13 Reading of the Journal. 14 THE SECRETARY: In Senate, 15 Tuesday, February 13th. The Senate met pursuant 16 to adjournment, prayer by the Reverend Peter G. 17 Young, Blessed Sacrament Church, Bolton 18 Landing. The Journal of Monday, February 12th, 19 was read and approved. On motion, the Senate 20 adjourned. 21 ACTING PRESIDENT KUHL: Hearing 22 no objection, the Journal stands approved as 23 read. 1350 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 Senator Marcellino. 10 SENATOR MARCELLINO: Mr. 11 President, on behalf of Senator Levy, can we 12 please place a sponsor's star on Calendar Number 13 108. 14 ACTING PRESIDENT KUHL: At the 15 request of the sponsor, Calendar Number 108 - 16 108 is starred. 17 SENATOR MARCELLINO: Thank you. 18 SENATOR LAVALLE: Mr. President. 19 ACTING PRESIDENT KUHL: The Chair 20 recognizes Senator LaValle. 21 SENATOR LAVALLE: I would like to 22 place a sponsor's star on Calendar Number 181, 23 Senate Print Number 1504. 1351 1 ACTING PRESIDENT KUHL: Calendar 2 Number 181 will be starred at the request of the 3 sponsor. 4 Senator Bruno, we have a 5 substitution we could take at this time. Ask 6 the Secretary to read. 7 SENATOR BRUNO: Mr. President, 8 please take it up at this time. 9 ACTING PRESIDENT KUHL: Ask the 10 Secretary to read the substitution. 11 THE SECRETARY: On page 13, 12 Senator Volker moves to discharge from the 13 Committee on Education, Assembly Bill Number 14 7801 and substitute it for the identical Third 15 Reading Calendar 228. 16 ACTING PRESIDENT KUHL: The 17 substitution is ordered. 18 Senator Bruno, we have a couple 19 of privileged resolutions at the desk, four of 20 them, I believe, we could take up at this time? 21 SENATOR BRUNO: Mr. President, 22 can we do that at this time, read the titles and 23 move for their immediate adoption. 1352 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the title to the first 3 privileged resolution. 4 THE SECRETARY: By Senator 5 Libous, Legislative Resolution commending Fred 6 Sampson, Chief Executive Officer of the New York 7 State Restaurant Association upon the occasion 8 of his retirement. 9 ACTING PRESIDENT KUHL: The 10 question is on the resolution. All those in 11 favor signify by saying aye. 12 (Response of "Aye".) 13 Opposed, nay. 14 (There was no response.) 15 The resolution is adopted. 16 Senator Marchi, why do you rise? 17 SENATOR MARCHI: Mr. President, 18 there may be other members that might wish to 19 join in on that resolution. 20 ACTING PRESIDENT KUHL: Senator 21 Bruno, the request was -- I don't see Senator 22 Libous in the chair to open up the sponsorship 23 of that resolution. Should we place all the 1353 1 members of the chamber on the resolution except 2 those who don't wish to go on it? 3 SENATOR BRUNO: Mr. President, I 4 don't believe the sponsor would object. I think 5 he would welcome opening up this resolution. So 6 I would suggest that we do that. 7 ACTING PRESIDENT KUHL: We'll 8 place all the members, both the -- those on the 9 left and the right of the aisle on the 10 resolution except those who don't wish to be on 11 the resolution. If those members would indicate 12 to the desk, either now or later in the morning, 13 that would be sufficient. 14 I'll ask the Secretary to read 15 the next privileged resolution title. 16 THE SECRETARY: By Senator Smith, 17 Legislative Resolution commending Luis R. 18 Sepulveda upon the occasion of his designation 19 for special honor at Caucus Weekend, February 16 20 through 19, 1996. 21 ACTING PRESIDENT KUHL: The 22 question is on the resolution. All those in 23 favor signify by saying aye. 1354 1 (Response of "Aye".) 2 Opposed, nay. 3 (There was no response.) 4 The resolution is adopted. 5 The Secretary will read the title 6 to the next privileged resolution. 7 THE SECRETARY: By Senator Smith, 8 Legislative Resolution honoring Jermaine Joseph 9 Garden, Sr. upon the occasion of his designation 10 for special commendation at Caucus Weekend, 11 February 16 through 19, 1996. 12 ACTING PRESIDENT KUHL: The 13 question is on the resolution. All those in 14 favor signify by saying aye. 15 (Response of "Aye".) 16 Opposed, nay. 17 (There was no response.) 18 The resolution is adopted. 19 Ask the Secretary to read the 20 next and last privileged resolution at the desk. 21 THE SECRETARY: By Senator Smith, 22 Legislative Resolution paying tribute to Toye 23 and Kenyatte Williams upon the occasion of their 1355 1 designation for special honor at Caucus Weekend, 2 February 16 through 19, 1996. 3 ACTING PRESIDENT KUHL: The 4 question is on the resolution. All those in 5 favor signify by saying aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (There was no response.) 9 The resolution is adopted. 10 The Chair recognizes Senator 11 Bruno. 12 SENATOR BRUNO: Mr. President, 13 can we at this time take up the non 14 controversial calendar. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the non-controversial 17 calendar. 18 THE SECRETARY: On page number 6, 19 Calendar Number 105, by Senator Saland, Senate 20 Print 5616, an act in relation to providing 21 additional state aid to the Copake-Taconic Hills 22 Central School District. 23 ACTING PRESIDENT KUHL: There's a 1356 1 local fiscal impact note at the desk. The 2 Secretary will read the last section. 3 THE SECRETARY: Section 3. This 4 act shall take effect April 1st. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 39. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 180, by Senator Skelos, Senate Print 413, an act 13 to amend the Public Health Law and the 14 Correction Law, in relation to requiring certain 15 applicants for employment. 16 SENATOR PATERSON: Lay it aside. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside. 19 THE SECRETARY: Calendar Number 20 190, by Member of the Assembly Lafayette, 21 Assembly Print 412, an act to amend the Vehicle 22 and Traffic Law, in relation to signs to be 23 utilized. 1357 1 ACTING PRESIDENT KUHL: The 2 Secretary will read the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect on the 30th day. 5 ACTING PRESIDENT KUHL: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 39. 9 ACTING PRESIDENT KUHL: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 206, by Senator Nozzolio, Senate Print 3947, an 13 act to amend the Criminal Procedure Law, in 14 relation to the extension of crime victims 15 rights at parole hearings. 16 ACTING PRESIDENT KUHL: The 17 Secretary will read the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the 120th day. 20 ACTING PRESIDENT KUHL: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 39. 1358 1 ACTING PRESIDENT KUHL: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 208, by Senator Marcellino, Senate Print 5211, 5 an act to amend the Criminal Procedure Law, in 6 relation to anonymous juries and to repeal 7 Subdivision 1(a) of Section 270.15. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 4. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 39. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 209, by Senator Padavan, Senate Print 5264, an 20 act to amend the Penal Law, in relation to 21 possession of gambling devices. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 1359 1 THE SECRETARY: Section 4. This 2 act shall take effect on the first day of 3 November. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 39. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 211, by Senator Rath, Senate Print 5727, an act 12 to amend the Penal Law, in relation to repeat 13 offender status for petit larceny offenses. 14 ACTING PRESIDENT KUHL: The 15 Secretary will read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the first day of 18 November. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 39. 23 ACTING PRESIDENT KUHL: The bill 1360 1 is passed. 2 THE SECRETARY: Calendar Number 3 213, by Senator Leibell, Senate Print 3343, an 4 act to amend the Real Property Tax Law, in 5 relation to the exemption of certain private 6 dwellings. 7 ACTING PRESIDENT KUHL: The 8 Secretary 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 39. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 217, by Senator Present, Senate Print 2311, an 19 act to amend the Economic Development Law, in 20 relation to directing a rural agribusiness study 21 of the potential for attracting new agribusiness 22 in the rural areas of the state. 23 ACTING PRESIDENT KUHL: The 1361 1 Secretary will read the last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 43. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 221, by Senator Saland, Senate Print 4509, an 12 act to amend the Not-for-Profit Corporation Law, 13 in relation to eliminating limitations on 14 certain corporations. 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 43. 23 ACTING PRESIDENT KUHL: The bill 1362 1 is passed. 2 THE SECRETARY: Calendar Number 3 222, by Senator Marchi, Senate Print 5429, an 4 act to amend the New York State Urban 5 Development Corporation act, in relation to the 6 name of the New York State Urban Development 7 Corporation. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the last section. 10 THE SECRETARY: Section 5. This 11 act shall take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 43. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 223, by Senator Marchi, Senate Print 5430, an 20 act to amend the Public Authorities Law, in 21 relation to the indemnification of the members 22 of the boards of directors. 23 ACTING PRESIDENT KUHL: The 1363 1 Secretary will read the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect immediately. 4 ACTING PRESIDENT KUHL: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 43. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 224, by Senator Present, Senate Print 5814, an 12 act to amend the Public Authorities Law, in 13 relation to removing the village of Alfred from 14 the Alfred-Almond-Hornellsville Sewer Authority. 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 43. 23 ACTING PRESIDENT KUHL: The bill 1364 1 is passed. 2 Senator Bruno, that completes the 3 non-controversial calendar. What's your 4 pleasure, sir? 5 SENATOR BRUNO: Can we at this 6 time, Mr. President, take up the controversial 7 calendar. 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the controversial calendar. 10 THE SECRETARY: Calendar Number 11 180, by Senator Skelos, Senate Print 413, an act 12 to amend the Public Health Law and the 13 Correction Law, in relation to requiring certain 14 applicants for employment. 15 SENATOR SKELOS: Lay the bill 16 aside. 17 ACTING PRESIDENT KUHL: Lay the 18 bill aside. 19 Senator Saland, why do you rise? 20 SENATOR SALAND: Would it be 21 appropriate, Mr. President, to engage in 22 housekeeping at this point? 23 ACTING PRESIDENT KUHL: Certainly 1365 1 would at this moment. There's a motion that you 2 have? 3 SENATOR SALAND: I would like to 4 remove a sponsor's star from Calendar 137, 5 Senate 3501, and place a star on Calendar 253, 6 Senate 2110. 7 ACTING PRESIDENT KUHL: Okay. 8 We'll return to motions and resolutions, and at 9 the request of the sponsor, we'll place a star 10 on Calendar Number 225, was that? 11 SENATOR SALAND: 253. 12 ACTING PRESIDENT KUHL: 253. 13 Calendar Number 253 will be starred at the 14 request of the sponsor and I believe Calendar 15 Number 137, the star will be removed at the 16 request of the sponsor. 17 The Chair recognizes Senator 18 Skelos. 19 SENATOR SKELOS: If we could 20 return to reports of standing committees. 21 ACTING PRESIDENT KUHL: We'll 22 return to reports of standing committees. I'll 23 ask the Secretary to read. 1366 1 THE SECRETARY: Senator Saland, 2 from the Committee on Children and Families, 3 reports the following bill: 4 2457-A, by Senator Saland, an act 5 to amend the Family Court Act, the Executive 6 Law, the Correction Law, the Vehicle and Traffic 7 Law and the Education Law, in relation to 8 enacting the Juvenile Justice Reform and 9 Delinquency Prevention Act of 1996. 10 Senator LaValle, from the 11 Committee on Higher Education reports: 12 Senate Print 539-A, by Senator 13 Rath, an act to amend the Education Law, in 14 relation to student refunds; 15 2136, by Senator LaValle, an act 16 to amend the Education Law, in relation to 17 registration of a pharmacy; 18 2355, by Senator Johnson, an act 19 to amend the Education Law, in relation to 20 requiring that the State University graduation 21 ceremonies include the Pledge of Allegiance and 22 National Anthem; 23 2882, by Senator LaValle, an act 1367 1 to amend the Education Law, in relation to the 2 registration of licensed professionals; 3 3089-A, by Senator Padavan, an 4 act to amend the Education Law, in relation to 5 the exclusion of illegal aliens; 6 3269, by Senator LaValle, an act 7 to amend the Education Law, in relation to the 8 issuance of limited permits in dentistry; 9 4296, by Senator Kuhl, an act to 10 amend the Education Law, in relation to optional 11 retirement programs for employees of the State 12 University of New York. 13 All bills ordered directly for 14 third reading. 15 ACTING PRESIDENT KUHL: Without 16 objection, all bills are directed directly to 17 third reading. 18 The Chair recognizes Senator 19 Wright. 20 SENATOR WRIGHT: Mr. President, I 21 wish to call up my bill, Print Number 3186, 22 recalled from the Assembly which is now at the 23 desk. 1368 1 ACTING PRESIDENT KUHL: The 2 Secretary will read. 3 THE SECRETARY: Calendar Number 4 46, by Senator Wright, Senate Print 3186, an act 5 to amend the Vehicle and Traffic Law, in 6 relation to allowing commercial vehicles to have 7 distinctive plates. 8 ACTING PRESIDENT KUHL: Senator 9 Wright. 10 SENATOR WRIGHT: Mr. President, I 11 now move to reconsider the vote by which this 12 bill was passed. 13 ACTING PRESIDENT KUHL: The 14 Secretary will call the roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration.) 17 THE SECRETARY: Ayes 43. 18 ACTING PRESIDENT KUHL: Senator 19 Wright. 20 SENATOR WRIGHT: Mr. President, I 21 now offer the following amendments. 22 ACTING PRESIDENT KUHL: The 23 amendments are received and adopted. 1369 1 Senator Velella, we have a series 2 of privileged resolutions at the desk that we 3 could take up at this time, if you so wish. 4 SENATOR VELELLA: We'll proceed 5 in doing that, read the titles. 6 ACTING PRESIDENT KUHL: I'll ask 7 the Secretary -- there are 12 privileged 8 resolutions at the desk. I'll ask the Secretary 9 to read the titles and then we'll adopt them 10 with one vote, if there's no objection. 11 SENATOR VELELLA: No objection. 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the titles to the privileged 14 resolutions. 15 THE SECRETARY: By Senator Smith, 16 Legislative Resolution honoring Robert Simmons 17 upon the occasion of his designation for special 18 honor on Caucus Weekend, February 16 through 19, 19 1996. 20 By Senator Smith, Legislative 21 Resolution commending Helen W. Wright upon the 22 occasion of her designation for special honor at 23 Caucus Weekend, February 16 through 19, 1996. 1370 1 By Senator Smith, Legislative 2 Resolution commending John Jay College of 3 Criminal Justice of the City University of New 4 York upon the occasion of its designation for 5 special honor on Caucus Weekend, February 16 6 through 19, 1996. 7 By Senator Smith, Legislative 8 Resolution paying tribute to Eleanor Clarke upon 9 the occasion of her designation for special 10 honor at Caucus Weekend, February 16 through 19, 11 1996. 12 By Senator Smith, Legislative 13 Resolution honoring Michael J. Diamond upon the 14 occasion of his designation for special 15 commendation at Caucus Weekend to be held 16 February 16 through 19, 1996. 17 By Senator Smith, Legislative 18 Resolution honoring Roger Corbin upon the 19 occasion of his designation for special honor on 20 Caucus Weekend, February 16 through 19, 1996. 21 By Senator Smith, Legislative 22 Resolution honoring Gregory Jackson, Sr. upon 23 the occasion of his designation for special 1371 1 honor on Caucus Weekend, February 16 through 19, 2 1996. 3 By Senator Smith, Legislative 4 Resolution honoring Jean M. Smith upon the 5 occasion of her designation for special honor on 6 Caucus Weekend, February 16 through 19, 1996. 7 By Senator Smith, Legislative 8 Resolution honoring Reverend Preston R. 9 Washington, Sr. upon the occasion of his 10 designation for special commendation at Caucus 11 Weekend, February 16 through 19, 1996. 12 By Senator Smith, Legislative 13 Resolution honoring Joseph E. Holley, Sr. upon 14 the occasion of his designation for special 15 commendation at Caucus Weekend, February 16 16 through 19, 1996. 17 By Senator Smith, Legislative 18 Resolution honoring James H. Alston VI upon the 19 occasion of his designation for special 20 commendation at Caucus Weekend, February 16 21 through 19, 1996. 22 By Senator Smith, Legislative 23 Resolution commending Karen L. Clark, President 1372 1 and Chief Executive Officer, Managed Health Care 2 Systems of New York upon the occasion of her 3 designation for special honor upon the occasion 4 of Caucus Weekend, February 16 through 19, 1996. 5 By Senator Smith, Legislative 6 Resolution honoring Norman Seabrook upon the 7 occasion of his designation for special 8 commendation at Caucus Weekend, February 16 9 through 19, 1996. 10 And by Senator Smith, Legislative 11 Resolution honoring Governor Henley upon the 12 occasion of his designation for special honor at 13 Caucus Weekend, February 16 through 19, 1996. 14 By Senator Gold, Legislative 15 Resolution honoring Michael Kakos upon the 16 occasion of his 90th birthday. 17 ACTING PRESIDENT KUHL: The 18 question -- the questions are on the privileged 19 resolutions which the Secretary has read the 20 titles to. All those in favor of the 21 resolutions signify by saying aye. 22 (Response of "Aye".) 23 Opposed, nay. 1373 1 (There was no response.) 2 The resolutions are adopted. 3 SENATOR VELELLA: Is there any 4 housekeeping? 5 ACTING PRESIDENT KUHL: There's 6 no house... there's no housekeeping at the desk, 7 Senator Velella. 8 SENATOR ONORATO: Mr. President. 9 ACTING PRESIDENT KUHL: Senator 10 Onorato, why do you rise? 11 SENATOR ONORATO: I inadvertently 12 forgot to offer up a privileged resolution 13 commemorating Valentine's Day. If view of the 14 fact that I didn't, I would like to take this 15 opportunity to wish everybody in the chamber a 16 very Happy Valentine's Day and don't forget your 17 wives and your boyfriends. 18 ACTING PRESIDENT KUHL: Thank 19 you, Senator Onorato. 20 The Chair recognizes Senator 21 Velella. 22 SENATOR VELELLA: Any other 23 housekeeping? 1374 1 Mr. President, there being no 2 further business, I move we adjourn - 3 SENATOR GOLD: Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Gold, why do you rise? 6 ACTING PRESIDENT KUHL: Just an 7 inquiry of the Chair. Does the record of today 8 indicate that Senator Velella is a gentleman? 9 It ought to. 10 ACTING PRESIDENT KUHL: Senator 11 Velella. 12 SENATOR VELELLA: Senator, I just 13 would respond to that by saying there is such a 14 thing as judicial notice. 15 ACTING PRESIDENT KUHL: The Chair 16 recognizes Senator Velella. 17 SENATOR VELELLA: I would just 18 like to note that -- for the record that while 19 Senator Onorato wished everyone a Happy 20 Valentine's Day, I would assume he's the one 21 that delivered the flowers to Senator DiCarlo 22 (laughter). 23 Mr. President, there being no 1375 1 further business, I move we adjourn until 2 Monday, February 26th at 3:00 p.m. sharp, 3 intervening days to be legislative days. 4 ACTING PRESIDENT KUHL: Without 5 objection, the Senate stands adjourned until 6 Monday, February 26th at 3:00 p.m. 7 (Whereupon, at 11:28 a.m., the 8 Senate adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23