Monday, April 1, 1996

2997 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 April 1, 1996 10 3:23 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 2998 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Will everyone please rise and 4 join me in the Pledge of Allegiance. 5 (Whereupon, the Senate and those 6 present joined in the Pledge of Allegiance to 7 the Flag.) 8 May we bow our heads in a moment 9 of silence. 10 (Whereupon, there was a moment of 11 silence.) 12 The reading of the Journal. 13 THE SECRETARY: In Senate, 14 Sunday, March 31st. The Senate met pursuant to 15 adjournment. Senator Hoblock in the chair upon 16 designation of the Temporary President. The 17 Journal of Saturday, March 30th, was read and 18 approved. On motion, Senate adjourned. 19 THE PRESIDENT: Without 20 objection, the Journal stands approved as read. 21 Presentation of petitions. 22 Messages from the Assembly. 23 Messages from the Governor. 2999 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Kuhl. 7 SENATOR KUHL: Yes, Madam 8 President. On behalf of Senator Stafford, on 9 page 28, I offer the following amendments to 10 Calendar Number 593, Senate Print 5920, and ask 11 that said bill retain its place on the Third 12 Reading Calendar. 13 THE PRESIDENT: Amendments 14 received. 15 SENATOR KUHL: Also, Madam 16 President, on behalf of Senator Larkin, I move 17 that the following bill be discharged from its 18 respective committee and be recommitted with 19 instructions to strike the enacting clause: 20 Senate Print 3316A. 21 THE PRESIDENT: Enacting clause 22 struck. 23 SENATOR KUHL: Thank you. 3000 1 THE PRESIDENT: Senator Skelos. 2 SENATOR SKELOS: Madam 3 President. There will be an immediate meeting 4 of the Environmental Conservation Committee in 5 Room 332. 6 THE PRESIDENT: There is an 7 immediate meeting of the Environmental 8 Conservation Committee in Room 332. 9 SENATOR SKELOS: At this time, 10 Madam President, may we please have the 11 noncontroversial reading of the calendar. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 1, by Senator Velella, Senate Print 5742A, an 16 act to amend the Insurance Law and the Public 17 Health Law, in relation to establishing 18 mandatory minimum maternity care and coverage. 19 THE PRESIDENT: Read the last 20 section, please. 21 THE SECRETARY: Section 8. This 22 act shall take effect January 1, 1997. 23 THE PRESIDENT: Call the roll. 3001 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 53. 3 THE PRESIDENT: The bill is 4 passed. 5 THE SECRETARY: Calendar Number 6 12, by Senator Hannon, Senate Print 5239A, an 7 act to amend the Public Health Law, in relation 8 to health appeals and access. 9 THE PRESIDENT: Read the last 10 section, please. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 180th day. 13 THE PRESIDENT: Call the roll, 14 please. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 55. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 275, by Senator DiCarlo, Senate Print 6149A, an 21 act to amend the Real Property Tax Law, in 22 relation to the exemption from real property 23 taxation for tenant stockholders. 3002 1 THE PRESIDENT: Read the last 2 section, please. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 55. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 372, by Senator Seward, Senate Print 6142, an 12 act to amend the Public Service Law, in relation 13 to the elimination of the mandate for the Public 14 Service Commission. 15 THE PRESIDENT: Read the last 16 section, please. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 56. 22 THE PRESIDENT: The bill is 23 passed. 3003 1 THE SECRETARY: Calendar Number 2 500, by the Assembly Committee on Rules, 3 Assembly Print 8383. 4 SENATOR SKELOS: Lay it aside for 5 the day. 6 THE PRESIDENT: Lay it aside, 7 please. 8 THE SECRETARY: Calendar Number 9 502, by Senator Goodman, Senate Print 1619C, an 10 act to amend the Vehicle and Traffic Law, in 11 relation to mandatory suspensions. 12 THE PRESIDENT: Read the last 13 section. 14 THE SECRETARY: Section 2. This 15 act shall take effect 30 days. 16 THE PRESIDENT: Call the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 56. 19 THE PRESIDENT: The bill is 20 passed. 21 THE SECRETARY: Calendar Number 22 505, by Senator Holland, Senate Print 6171A, an 23 act to amend the Vehicle and Traffic Law, in 3004 1 relation to providing for a distinctive Animal 2 Population Control Fund license plate. 3 THE PRESIDENT: Read the last 4 section, please. 5 THE SECRETARY: Section 2. This 6 act shall take effect October 1. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 56. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 509, by Senator Bruno, Senate Print 6311, an act 14 to amend the Highway Law, in relation to 15 designating a portion of the state highway 16 system as the Turning Point Trail. 17 THE PRESIDENT: Read the last 18 section, please. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 56. 3005 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 524, by Senator Leibell, Senate Print 2677, an 5 act authorizing - 6 SENATOR SKELOS: Lay it aside for 7 the day at the request of the sponsor. 8 THE PRESIDENT: Lay it aside, 9 please. 10 THE SECRETARY: Calendar Number 11 573, by Senator LaValle, Senate Print 6065, an 12 act to amend Chapter 246 of the Laws of 1916, 13 relating to the extermination of mosquitos and 14 the establishment of districts therefor. 15 THE PRESIDENT: There is a home 16 rule message at the desk. 17 Read the last section, please. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 THE PRESIDENT: Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 56. 23 THE PRESIDENT: The bill is 3006 1 passed. 2 Senator Skelos, that completes 3 the calendar. 4 SENATOR SKELOS: Is there any 5 housekeeping at the desk? Could the Senate 6 stand at ease. 7 THE PRESIDENT: Senator Larkin. 8 SENATOR LARKIN: Madam President, 9 I would like to place a sponsor's star on Senate 10 Bill 3067A, Calendar Number 525. 11 THE PRESIDENT: Starred at the 12 request of the sponsor. 13 (Whereupon, at 3:30 p.m., the 14 Senate was at ease until 3:48 p.m..) 15 SENATOR SKELOS: Madam President. 16 THE PRESIDENT: Senator Skelos. 17 SENATOR SKELOS: Madam 18 President. May we please return to reports of 19 standing committees. I believe there is a 20 report from the Environmental Conservation 21 Committee at the desk. 22 THE PRESIDENT: Reports of 23 standing committees. 3007 1 The Secretary will read. 2 THE SECRETARY: Senator 3 Marcellino, from the Committee on Environmental 4 Conservation, reports the following bill 5 directly to third reading: 6 Senate Print 6686, by Senator 7 Marcellino, an act to amend the Environmental 8 Conservation Law, in relation to authorizing 9 cities within the County Nassau to qualify as a 10 planning unit. 11 THE PRESIDENT: Without 12 objection, bill direct to third reading. 13 SENATOR SKELOS: Madam President, 14 at this time if we could - 15 Can you recognize Senator Tully 16 first. 17 THE PRESIDENT: Senator Tully. 18 SENATOR TULLY: Yes, Madam 19 President. May we return to motions and 20 resolutions, please. 21 THE PRESIDENT: Motions and 22 resolutions. 23 SENATOR TULLY: Madam President, 3008 1 on behalf of Senator LaValle, on page 26, I 2 offer the following amendments to Calendar 3 Number 574, Senate Print Number 6178, and ask 4 that said bill retain its place on the Third 5 Reading Calendar. 6 THE PRESIDENT: Amendments 7 received. 8 Senator Skelos. 9 SENATOR SKELOS: Madam President, 10 at this time, can we take up Calendar Number 11 591, by Senator Nozzolio. 12 THE PRESIDENT: The Secretary 13 will read. 14 THE SECRETARY: Calendar Number 15 591, by Senator Nozzolio, Senate Print 6596A, an 16 act to amend Chapter 55 of the Laws of 1992 17 amending the Tax Law. 18 THE PRESIDENT: Read the last 19 section, please. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 3009 1 THE SECRETARY: Ayes 56. 2 THE PRESIDENT: The bill is 3 passed. 4 Senator Skelos. 5 SENATOR SKELOS: Madam President, 6 is there any other housekeeping at the desk? 7 THE PRESIDENT: No, there's 8 none. 9 SENATOR SKELOS: The Senate will 10 stand at ease subject to the call of the 11 Majority Leader, and we would ask that the 12 members stay in touch with their offices about 13 when the Senate will reconvene this evening. 14 THE PRESIDENT: The Senate will 15 stand at ease. 16 (Whereupon, at 3:52 p.m., the 17 Senate was at ease.) 18 (Whereupon, at 8:30 p.m., the 19 Senate reconvened.) 20 ACTING PRESIDENT LACK: Senate 21 will come to order. 22 The Secretary will read. 23 THE SECRETARY: Senator Volker 3010 1 moves to discharge from the Committee on Codes 2 Assembly Bill Number 5707C and substitute it for 3 the identical Third Reading Calendar 212. 4 ACTING PRESIDENT LACK: 5 Substitution ordered. 6 SENATOR STACHOWSKI: Being no 7 further business, I move we adjourn until 8 tomorrow at 11:00 a.m. 9 Republican conference at 10:00. 10 ACTING PRESIDENT LACK: 11 Republican conference at 10:00, for all those 12 in - 13 On motion of Senator Stachowski 14 to adjourn, all those in favor, aye. 15 (Response of "Aye.") 16 Contrary, nay. 17 (There was no response.) 18 Senate stands adjourned until 19 11:00 o'clock tomorrow morning. Republican 20 Majority Conference Room, 332, tomorrow morning 21 at 10:00 o'clock. 22 Senate stands adjourned. 23 (Whereupon, at 8:32 p.m., the 3011 1 Senate adjourned.) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23