Wednesday, February 28, 1996

1585 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 February 28, 1996 10 11:01 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY ROSS McCAUGHEY, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 1586 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 Tuesday, February 27. The Senate met pursuant 17 to adjournment, Senator Kuhl in the Chair. The 18 Journal of Monday, February 26, was read and 19 approved. Upon motion, Senate adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as read. 22 Presentation of petitions. 23 Messages from the Assembly. 1587 1 Messages from the Governor. 2 Reports of standing committees. 3 Senator Skelos. 4 SENATOR SKELOS: Any motions and 5 resolutions? 6 THE PRESIDENT: I'm sorry, 7 Senator Skelos, there is a motion to be read. 8 Motion. Secretary will read. 9 THE SECRETARY: Senator Lack 10 moves to discharge from the Committee on 11 Judiciary, Assembly Bill 7860A and substitute it 12 for the identical Senate Bill 4614A. 13 Senator Volker moves to discharge 14 from the Committee on Local Government, Assembly 15 Bill 5085 and substitute it for the identical 16 Senate Bill 3032. 17 THE PRESIDENT: The substitutions 18 are ordered. 19 Senator DiCarlo. 20 SENATOR DiCARLO: Yes, Madam 21 President. On behalf of Senator Cook, on page 22 23, I offer the following amendments to Calendar 23 170, Senate Print 2964, and ask that said bill 1588 1 retain its place on Third Reading Calendar. 2 Also remove the star on Calendar 3 170. 4 THE PRESIDENT: Amendments 5 received. The star is removed. 6 SENATOR DiCARLO: Also, Madam 7 President, on behalf of Senator Volker, on page 8 20, I offer the following amendments to Calendar 9 324, Senate Print 3132, and ask said bill retain 10 its place on Third Reading Calendar. 11 THE PRESIDENT: Amendments 12 received. 13 Senator Skelos. 14 SENATOR SKELOS: Madam President, 15 there will be an immediate meeting of the Rules 16 Committee in Room 332 of the Capitol. 17 And if we, at this time, could 18 take up the noncontroversial calendar. 19 THE PRESIDENT: There is an 20 immediate meeting of the Rules Committee in Room 21 332. 22 Secretary will read. 23 THE SECRETARY: Calendar Number 1589 1 90, by Senator Marchi, Senate Print 5183A, an 2 act to amend the Public Authorities Law, in 3 relation to the approval of the Public 4 Authorities Control Board. 5 THE PRESIDENT: Read the last 6 section, please. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 32. 12 THE PRESIDENT: The bill is 13 passed. 14 THE SECRETARY: Calendar Number 15 91, by Senator Gold, Senate Print 193B, an act 16 to amend the General Business Law, in relation 17 to requiring child safety devices on shopping 18 carts. 19 THE PRESIDENT: Read the last 20 section, please. 21 THE SECRETARY: Section 2. This 22 act shall take effect 360 days succeeding the 23 next date. 1590 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Those recorded in 4 the negative on Calendar Number 91 are Senator 5 DiCarlo, Senator Holland, Senator Kuhl and 6 Senator Marcellino. Ayes 32, nays 4. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 122, by Senator DeFrancisco, Senate Bill 1967, 11 an act to amend the Criminal Procedure Law, in 12 relation to the collection of court-imposed 13 financial obligations. 14 THE PRESIDENT: Read the last 15 section, please. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 THE PRESIDENT: Call the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 36. 21 THE PRESIDENT: The bill is 22 passed. 23 THE SECRETARY: Calendar 183, by 1591 1 Senator Levy, Senate Print 327, an act to amend 2 the Vehicle and Traffic Law, in relation to 3 requiring suspension of a driver's license. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first day of 8 November. 9 THE PRESIDENT: Call the roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 35, nays 1, 12 Senator Kuhl recorded in the negative. 13 THE PRESIDENT: The bill is 14 passed. 15 THE SECRETARY: Calendar 185, by 16 Senator Levy, Senate Print 364, an act to amend 17 the Vehicle and Traffic Law, in relation to 18 imposing an additional fine and imprisonment for 19 DWI offenses. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first day of 1592 1 November. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 35, nays 1, 5 Senator Kuhl recorded in the negative. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 227, by Senator Maltese, Senate Print 449, an 10 act to amend the Education Law, in relation to 11 instruction and display, use and proper respect 12 for the Flag. 13 ACTING PRESIDENT KUHL: Read the 14 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 36. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 1593 1 242, by Senator Skelos, Senate Print 2478, an 2 act to amend the Family Court Act and the 3 Criminal Procedure Law, in relation to the age 4 of child witnesses. 5 ACTING PRESIDENT KUHL: Read the 6 last section. 7 THE SECRETARY: Section 3. This 8 act shall take effect on the first day of 9 November. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 36. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 Senator Cook, why do you rise? 17 SENATOR COOK: Mr. President, 18 could I be in the negative on Calendar 91, 19 please? 20 ACTING PRESIDENT KUHL: Without 21 objection, and hearing no objection, Senator 22 Cook will be recorded in the negative on 23 Calendar Number 91. 1594 1 Secretary will continue to call 2 the noncontroversial calendar. 3 THE SECRETARY: Calendar Number 4 235, by Senator Hannon, Senate Print 1266, an 5 act authorizing the county of Nassau to accept 6 an application for real property tax exemption 7 on certain property. 8 ACTING PRESIDENT KUHL: Read the 9 last section. 10 THE SECRETARY: Section 2. 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 38. 16 ACTING PRESIDENT KUHL: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 250, by Senator Johnson, Senate Print 5830, an 20 act to amend the Environmental Conservation Law, 21 in relation to permitting certain additional 22 persons to obtain commercial lobster permits. 23 ACTING PRESIDENT KUHL: Secretary 1595 1 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 38. 8 ACTING PRESIDENT KUHL: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 251, by Senator Skelos, Senate Print 408, an act 12 to amend the Correction Law and the County Law, 13 in relation to maintenance of prisoners in 14 county jail facilities. 15 ACTING PRESIDENT KUHL: Secretary 16 will read the last section. 17 THE SECRETARY: Section 7. 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 38. 23 ACTING PRESIDENT KUHL: The bill 1596 1 is passed. 2 THE SECRETARY: Calendar Number 3 267, by Senator Velella, Senate Print 6147, an 4 act to amend the Insurance Law, in relation to 5 the termination of individual hospital and 6 medical contracts. 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 39. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 275, by Senator DiCarlo, Senate Print 6149, an 19 act to amend the Real Property Tax Law, the 20 Administrative Code of the City of New York and 21 Local Law Number 1 of the City of New York. 22 SENATOR SKELOS: Lay it aside for 23 the day. 1597 1 ACTING PRESIDENT KUHL: Lay the 2 bill aside for the day. 3 SENATOR MARKOWITZ: Mr. 4 President. 5 ACTING PRESIDENT KUHL: Senator 6 Markowitz, why do you rise? 7 SENATOR MARKOWITZ: Calendar 251 8 went by so quickly, Senator, if it's possible, I 9 would like to be recorded in the negative on 10 that bill. It went by very, very quickly. 11 ACTING PRESIDENT KUHL: Without 12 objection, and hearing no objection, Senator 13 Markowitz will be recorded in the negative on 14 Calendar Number 251. 15 Secretary will continue to call 16 the noncontroversial calendar. 17 THE SECRETARY: Calendar Number 18 295, by Senator Rath, Senate Print 6035, an act 19 to amend the General Municipal Law, in relation 20 to permitting the New York State Town Clerks 21 Association to make purchases through the Office 22 of General Services. 23 ACTING PRESIDENT KUHL: Senator 1598 1 Leichter, why do you rise? 2 SENATOR LEICHTER: Yes, before we 3 go any further, could I ask you to hold Calendar 4 90 at the desk? I trust it's still there. 5 ACTING PRESIDENT KUHL: Senator 6 Leichter, Calendar Number 90 has gone from this 7 house, I'm told by the Secretary at the desk. 8 It was signed earlier in the day by the 9 Lieutenant Governor and has been exported to the 10 other house, I believe. 11 SENATOR LEICHTER: It's gone. 12 ACTING PRESIDENT KUHL: Senator 13 Mendez, why do you rise? 14 SENATOR MENDEZ: Mr. President. 15 I am requesting unanimous consent - 16 ACTING PRESIDENT KUHL: Senator 17 Mendez, let me come back to you. We're on a 18 bill right now. Let us finish. We are on 19 Calendar Number 295. The bill has been read. 20 I ask the Secretary to read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 1599 1 ACTING PRESIDENT KUHL: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 41. 5 ACTING PRESIDENT KUHL: The bill 6 is passed. 7 Senator Mendez, why do you rise? 8 SENATOR MENDEZ: Mr. President, I 9 would like unanimous consent to be recorded in 10 the negative on Calendar 251. 11 ACTING PRESIDENT KUHL: Without 12 objection, and hearing no objection, Senator 13 Mendez will be recorded in the negative on 14 Calendar Number 251. 15 Senator Abate, why do you rise? 16 SENATOR ABATE: Mr. President, I 17 would like unanimous consent to be recorded in 18 the negative on Calendar Number 90. 19 ACTING PRESIDENT KUHL: Without 20 objection, and hearing no objection, Senator 21 Abate will be recorded in the negative on 22 Calendar Number 90. 23 Senator Wright, why do you rise? 1600 1 SENATOR WRIGHT: Mr. President, I 2 request unanimous consent to be recorded in the 3 negative on Calendar Number 91. 4 ACTING PRESIDENT KUHL: Without 5 objection, and hearing no objection, Senator 6 Wright will be recorded in the negative on 7 Calendar Number 91. 8 Senator Saland. 9 SENATOR SALAND: Mr. President, I 10 request unanimous consent to be recorded in the 11 negative on Calendar 185. 12 ACTING PRESIDENT KUHL: Without 13 objection, hearing no objection, Senator Saland 14 will be recorded in the negative on Calendar 15 Number 185. 16 Senator Hoblock, why do you 17 rise? 18 SENATOR HOBLOCK: Mr. President, 19 I request unanimous consent to be recorded in 20 the negative on Calendar Number 91. 21 ACTING PRESIDENT KUHL: Without 22 objection, hearing no objection, Senator Hoblock 23 will be recorded in the negative on Calendar 1601 1 Number 91. 2 Senator Larkin, why do you rise? 3 SENATOR LARKIN: Mr. President, I 4 request unanimous consent to be recorded in the 5 negative on Calendar Number 91. 6 ACTING PRESIDENT KUHL: Without 7 objection, hearing no objection, Senator Larkin, 8 you will be recorded in the negative on Calendar 9 Number 91. 10 Senator Smith, why do you rise? 11 SENATOR SMITH: Mr. President, I 12 request unanimous consent to be recorded in the 13 negative on Calendar Number 251. 14 ACTING PRESIDENT KUHL: Without 15 objection, and hearing no objection, Senator 16 Smith will be recorded in the negative on 17 Calendar Number 251. 18 Senator Maziarz. 19 SENATOR MAZIARZ: Mr. President, 20 I would like to request unanimous consent to be 21 recorded in the negative on Calendar Number 91, 22 please. 23 ACTING PRESIDENT KUHL: Without 1602 1 objection, and hearing no objection, Senator 2 Maziarz will be recorded in the negative on 3 Calendar Number 91. 4 Senator Nozzolio, why do you 5 rise? 6 SENATOR NOZZOLIO: Mr. President, 7 I wish to be recorded in the negative on 8 Calendar Number 91. 9 ACTING PRESIDENT KUHL: Without 10 objection, and hearing no objection, Senator 11 Nozzolio will be recorded in the negative on 12 Calendar Number 91. 13 Senator Leichter, why do you 14 rise? 15 SENATOR LEICHTER: Mr. President, 16 may I be recorded in the negative on Calendar 90 17 and on Calendar 251. 18 ACTING PRESIDENT KUHL: Without 19 objection, and hearing no objection, Senator 20 Leichter will be recorded in the negative on 21 Calendar 90 and also Calendar 251. 22 I will ask the Secretary to 23 continue to call the noncontroversial calendar. 1603 1 THE SECRETARY: Calendar Number 2 297, by Senator Leibell, Senate Print 5927A, an 3 act to amend the Private Housing Finance Law, in 4 relation to loans to owners of multiple 5 dwellings. 6 ACTING PRESIDENT KUHL: Secretary 7 will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT KUHL: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 47. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 SENATOR SKELOS: Mr. President. 17 ACTING PRESIDENT KUHL: Senator 18 Skelos. 19 SENATOR SKELOS: If we could 20 return to reports of standing committees, I 21 believe there is a report from the Rules 22 Committee at the desk. 23 ACTING PRESIDENT KUHL: There is 1604 1 a report, Senator Skelos. 2 I will ask the Secretary to 3 return to reports of standing committees. 4 Secretary will read. 5 THE SECRETARY: Senator Bruno, 6 from the Committee on Rules, reports the 7 following bill: 8 By Senator Velella, Senate Print 9 6172, an act to amend the Insurance Law, in 10 relation to extending the expiration date for 11 Article 54 of the Insurance Law, relating to the 12 New York property insurance. 13 SENATOR SKELOS: Move to accept 14 the report of the Rules Committee. 15 ACTING PRESIDENT KUHL: The 16 motions is to accept the Rules Committee report. 17 All those in favor, signify by 18 saying aye. 19 (Response of "Aye.") 20 Opposed, nay. 21 (There was no response.) 22 The Rules Committee report is 23 adopted. 1605 1 Senator Skelos. 2 SENATOR SKELOS: Mr. President, 3 at this time, if we could take up Calendar 4 Number 334, Senate 6172, which was just reported 5 from the Rules Committee. 6 ACTING PRESIDENT KUHL: I ask the 7 Secretary to read. 8 THE SECRETARY: Calendar Number 9 334, by Senator Velella, Senate Print 6172, an 10 act to amend the Insurance Law, in relation to 11 extending the expiration date for Article 54 of 12 the Insurance Law, relating to the New York 13 property insurance. 14 ACTING PRESIDENT KUHL: Senator 15 Skelos. 16 SENATOR SKELOS: Mr. President, 17 Is there a message of necessity at the desk? 18 ACTING PRESIDENT KUHL: I'm 19 informed by the Secretary that there is. 20 SENATOR SKELOS: Move to accept 21 the message. 22 ACTING PRESIDENT KUHL: Motion is 23 to accept the message of necessity at the desk. 1606 1 All those in favor, signify by 2 saying aye. 3 (Response of "Aye.") 4 Opposed, nay. 5 (There was no response.) 6 Message is adopted. 7 Secretary will read the last 8 section. 9 THE SECRETARY: Section 3. 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 50. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 Senator Skelos. 18 SENATOR SKELOS: Is there any 19 housekeeping at the desk? Senator Saland. 20 ACTING PRESIDENT KUHL: Senator 21 Skelos, there is a report of a standing 22 committee we could read in at this time. 23 We'll return to reports of 1607 1 standing committees. 2 I'll ask the Secretary to read. 3 THE SECRETARY: Senator Libous, 4 from the Committee on Mental Health and 5 Developmental Disabilities, reports the 6 following bills: 7 Senate Print 3858, by Senator 8 Libous, an act to amend the Mental Hygiene Law, 9 in relation to the conversion of already 10 admitted patients; 11 4443A, by Senator Libous, an act 12 to amend the Mental Hygiene Law and the Vehicle 13 and Traffic Law, in relation to parking spaces 14 for handicapped persons; 15 4630, by Senator Libous, an act 16 to amend the Mental Hygiene Law, in relation to 17 limiting the use of state funds; 18 5833, by Senator Libous, an act 19 to amend the Mental Hygiene Law, in relation to 20 authorizing the Commissioner of Mental Health to 21 fingerprint certain patients. 22 All bills directly for third 23 reading. 1608 1 ACTING PRESIDENT KUHL: Without 2 objection, all bills are reported directly to 3 third reading. 4 Senator Saland. 5 SENATOR SALAND: Thank you, Mr. 6 President. 7 Mr. President. I'd like to 8 remove a sponsor star: Calendar 253, Senate 9 Bill 2110. 10 ACTING PRESIDENT KUHL: At the 11 request of the sponsor, the star is removed on 12 Calendar Number 253. 13 Senator Hoffmann. 14 SENATOR HOFFMANN: I request 15 unanimous consent, Mr. President, to be recorded 16 in the negative on Calendar 91. 17 ACTING PRESIDENT KUHL: Without 18 objection, hearing no objection, Senator 19 Hoffmann will be recorded in the negative on 20 Calendar Number 91. 21 Senator Skelos. 22 SENATOR SKELOS: Is there any 23 other housekeeping or motions? 1609 1 ACTING PRESIDENT KUHL: Secretary 2 informs me all the housekeeping has been taken 3 care of, Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 there will be a Majority Conference on Monday at 6 2:00 o'clock, and there being no further 7 business, I move we adjourn until Monday, March 8 4, 1996 at 3:00 p.m. sharp, intervening days to 9 be legislative days. 10 ACTING PRESIDENT KUHL: There 11 will be a Majority Conference in the Majority 12 Conference Room, Room 332, on Monday at 2:00 13 p.m. prior to session. 14 Without objection, the Senate 15 stands adjourned until Monday afternoon, March 16 4, at 3:00 p.m. 17 (Whereupon, at 11:19 a.m., Senate 18 adjourned.) 19 20 21 22 23