Wednesday, April 17, 1996

3525 1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 April 17, 1996 10 11:00 a.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 3526 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. 4 Will 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 Journal, please. 14 THE SECRETARY: In Senate, 15 Tuesday, April 16. The Senate met pursuant to 16 adjournment. Senator Kuhl in the chair upon 17 designation of the Temporary President. The 18 Journal of Monday, April 15, 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. 3527 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Marcellino. 8 SENATOR MARCELLINO: Madam 9 President. On page number 36, I offer the 10 following amendments to Calendar Number 628, 11 Senate Print Number 6460, and ask that said bill 12 retain its place on the Third Reading Calendar. 13 THE PRESIDENT: Amendments 14 received. 15 SENATOR MARCELLINO: Thank you. 16 THE PRESIDENT: Senator Bruno, 17 are you ready for the calendar? 18 SENATOR BRUNO: Madam President. 19 I believe that there is a privileged resolution 20 at the front desk by Senator DeFrancisco. I 21 would ask that the title be read and that we 22 move its adoption. 23 THE PRESIDENT: The Secretary 3528 1 will read. 2 THE SECRETARY: By Senator 3 DeFrancisco, Legislative Resolution, honoring 4 the student members of Corcoran Mediation Team 5 of Corcoran High School for its first place 6 finish in the High School Division of the 49th 7 Senate District's "Good News! Good Kids!" 8 Student Recognition Program. 9 THE PRESIDENT: Senator 10 DeFrancisco. 11 SENATOR DeFRANCISCO: Thank you, 12 Madam President. 13 I rise to congratulate the 14 students from Corcoran High School in the 49th 15 Senate District, my Senate district, for 16 finishing first place in our program that we 17 have for "Good News! Good Kids!" in that 18 district. 19 The Corcoran school students who 20 participated are here with us. They won the 21 High School Division. 22 And, basically, the program is 23 where we honor people who are in school that are 3529 1 doing good things for the community because 2 sometimes all we hear is negative things in the 3 media and other sources. 4 This group was among a group of 5 3,000 students who participated, but the high 6 school of Corcoran Mediation Team actually won 7 first prize in the High School Division. Their 8 program is a mediation program, whereby 41 9 certified mediators that are high school 10 students participate in helping individuals 11 resolve conflicts, and it has many benefits. 12 First of all, it helps the 13 individuals to learn skills to resolve conflicts 14 in the future. It also assists those people 15 having conflicts in resolving them in a very, 16 very constructive manner. In fact, I'm told 17 that the program is so successful -- that the 18 program is so successful that other school 19 districts have asked this team to go down to 20 their districts to explain it and to try to 21 implement it in other areas. 22 So this success is a very 23 noteworthy one, and I'm very pleased to honor 3530 1 the Corcoran School Mediation Team for their 2 fine work and their first place finish. 3 THE PRESIDENT: Thank you. We're 4 all pleased to welcome them. 5 Senator Marchi. 6 SENATOR MARCHI: Madam 7 President. You may be aware of the fact that 8 this is my 40th year in the Senate, and I have 9 been here earlier as counsel, and I have seen 10 many initiatives and events take place, but I 11 can't really say that going back over all those 12 years -- back in 1953, when even your parents 13 weren't born maybe, but I can't think of a more 14 exciting, more energizing initiative than this 15 particular one. 16 Senator DeFrancisco is certainly 17 to be commended for going to strength. We're 18 too prone to criticize and to point accusing 19 fingers at people and very reticent about doing 20 something that is challenging and good, good for 21 your own communities, for yourselves personally, 22 for the state and for our nation. 23 This is an exciting example that 3531 1 I believe communities around the country from 2 the Atlantic to the Pacific can observe with 3 profit to themselves and the communities that 4 they come from, and all who have competed 5 whether they are here as exemplars and having 6 made it or everyone that was in the program 7 certainly benefited enormously from what is 8 being done. 9 So remember this. You may come 10 back here as members some day. It's not a 11 question of what your politics are. You are 12 good Americans, and this is what you are 13 exemplifying by your presence here today, and 14 your presence here also tells us that you were 15 involved in your community. You're doing 16 something positive. 17 It is something we can learn, and 18 it helps us. It gives us encouragement to do 19 more. It's a great day, Madam President, I 20 think, that we can all rejoice in. 21 And I must confess, Senator 22 DeFrancisco, anything I say here would be an 23 understatement when describing something of this 3532 1 nature. I have not seen the likes of it in all 2 the years that I have been here. This is a 3 noble, noble venture, and I do hope it grows and 4 prospers and other people take as an example in 5 generating that kind of feeling in their own 6 communities. 7 THE PRESIDENT: Thank you, 8 Senator Marchi, for those wonderful words. 9 The question is on the 10 resolution. 11 All those in favor, signify by 12 saying aye. 13 (Response of "Aye.") 14 Those opposed, saying nay. 15 (There was no response.) 16 The resolution is passed. 17 Senator Bruno, we have some 18 substitutions here. 19 SENATOR BRUNO: May we make the 20 substitutions. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: On page 5, 3533 1 Senator Lack moves to discharge from the 2 Committee on Judiciary Assembly Bill Number 8292 3 and substitute it for the identical first report 4 Calendar 662. 5 On page 5, Senator Lack moves to 6 discharge from the Committee on Judiciary 7 Assembly Bill Number 6647A and substitute it for 8 the identical First Report Calendar 663. 9 On page 6, Senator DiCarlo moves 10 to discharge from the Committee on Judiciary 11 Assembly Bill Number 8641 and substitute it for 12 the identical First Report Calendar 664. 13 And, on page 9, Senator Maltese 14 moves to discharge from the Committee on Codes 15 Assembly Bill Number 1655A and substitute it for 16 the identical First Report Calendar 694. 17 THE PRESIDENT: Substitutions 18 ordered. 19 Senator Bruno, are you now ready 20 for the Calendar? 21 SENATOR BRUNO: Madam President. 22 Can we at this time take up the noncontroversial 23 calendar. 3534 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: On page 23, 4 Calendar 487, by Senator Cook, Senate Print 5 3139, an act to amend the Facilities Development 6 Corporation Act, in relation to definitional 7 provisions. 8 THE PRESIDENT: Read the last 9 section, please. 10 THE SECRETARY: Section 3. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 41. 15 THE PRESIDENT: The bill is 16 passed. 17 THE SECRETARY: Calendar Number 18 494, by Senator Kuhl, Senate Print 6182, an act 19 to amend the Agriculture and Markets Law, in 20 relation to voluntary inspection services and 21 commercial feed and food processing licenses. 22 THE PRESIDENT: Read the last 23 section, please. 3535 1 THE SECRETARY: Section 2. This 2 act shall take effect on the 60th day. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 42. 6 THE PRESIDENT: The bill is 7 passed. 8 THE SECRETARY: Calendar Number 9 495, by Member of the Assembly Luster, Assembly 10 Print 9430, an act to amend the Agriculture and 11 Markets Law, in relation to animal diseases 12 affecting humans. 13 THE PRESIDENT: Read the last 14 section, please. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 42. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 512, by Member of the Assembly Luster, Assembly 3536 1 Print 9041, an act to amend the Education Law, 2 in relation to terms of office of members of the 3 Rural Education Advisory Committee. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 3. This 7 act shall take effect immediately. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 42. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 516, by Senator Saland, Senate Print 3474, an 15 act to amend the Social Services Law and the 16 Domestic Relations Law, in relation to venue in 17 termination. 18 THE PRESIDENT: Read the last 19 section, please. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 THE PRESIDENT: Call the roll. 23 (The Secretary called the roll.) 3537 1 THE SECRETARY: Ayes 43. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 522, by Senator Padavan, Senate Print 668, an 6 act to amend the General Municipal Law, in 7 relation to reporting information to the United 8 States Immigration and Naturalization Service. 9 SENATOR PATERSON: Lay it aside. 10 SENATOR PADAVAN: Madam 11 President. Would you lay that bill aside for 12 the day, please. 13 THE PRESIDENT: Yes. 14 SENATOR PADAVAN: Thank you. 15 THE SECRETARY: Calendar Number 16 551, by Senator Kuhl, Senate Print 5308, an act 17 to amend Public Health Law, in relation to 18 continuing the Agricultural Health and Safety 19 Advisory Board. 20 THE PRESIDENT: Read the last 21 section, please. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 3538 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 43. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 556, by Senator LaValle, Senate Print 5052, an 8 act to amend the Public Officers Law, in 9 relation to including City University Community 10 College. 11 THE PRESIDENT: Read the last 12 section, please. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 44. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 558, by Senator Holland, Senate Print 32A, an 22 act to amend the Highway Law, in relation to 23 increasing bond indebtedness in the Town of 3539 1 Ramapo, Rockland County. 2 THE PRESIDENT: There is a home 3 rule message at the desk. 4 Read the last section, please. 5 THE SECRETARY: Section 3. This 6 act shall take effect immediately. 7 THE PRESIDENT: Call the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 44. 10 THE PRESIDENT: The bill is 11 passed. 12 THE SECRETARY: Calendar Number 13 610, by Senator Holland, Senate Print 474. 14 SENATOR PATERSON: Lay it aside. 15 THE PRESIDENT: Lay it aside, 16 please. 17 SENATOR MALTESE: Madam 18 President. Would you lay that aside for the 19 day, please. 20 THE PRESIDENT: Yes. 21 Senator Bruno, that completes the 22 reading of the noncontroversial calendar. 23 SENATOR BRUNO: Are there any 3540 1 things at the desk that presently need attention 2 from the very distinguished members in the 3 chamber? 4 THE PRESIDENT: We have one 5 motion, Senator. 6 SENATOR BRUNO: Yes. 7 THE PRESIDENT: Senator 8 Marcellino. 9 SENATOR MARCELLINO: Yes, Madam 10 President. On behalf of Senator Libous, on page 11 number 20, I offer the following amendments to 12 Calendar Number 417, Senate Print Number 4457, 13 and ask that said bill retain its place on the 14 Third Reading Calendar. 15 THE PRESIDENT: Amendments 16 received. 17 SENATOR MARCELLINO: Thank you. 18 THE PRESIDENT: Senator Saland. 19 SENATOR SALAND: Thank you, Madam 20 President. Would you please recall Senate 3502 21 from the Assembly restored to the Third Reading 22 Calendar. 23 THE PRESIDENT: So ordered. 3541 1 SENATOR SALAND: Thank you. 2 SENATOR BRUNO: Madam President. 3 We're awaiting the arrival of an amendment to 4 Senator Lack's legislation that he has at the 5 desk. So if we can review whatever it is that 6 is appropriate that is before you or if anyone 7 else here has any announcements or anything of 8 interest - 9 I think Senator Paterson has 10 something that all of us may want to hear, Madam 11 President. 12 THE PRESIDENT: Senator Paterson. 13 SENATOR PATERSON: Madam 14 President. I'm sure you and all the members in 15 the chamber will join with me in wishing one of 16 our colleagues a happy birthday that's coming 17 up: Senator Smith, also Senator Kuhl and 18 Senator Libous, and all of the birthdays being 19 intervening. 20 I would just like to point out 21 that the reason I raise this issue was not just 22 about the birthdays. It was that I wanted to 23 keep my consecutive day talking streak alive. 3542 1 So thank you. 2 THE PRESIDENT: Senator Wright. 3 SENATOR WRIGHT: Madam 4 President. On page 35, I offer the following 5 amendments to Calendar Number 624, Senate Print 6 Number 6656, and ask that said bill retain its 7 place on the Third Reading Calendar. 8 THE PRESIDENT: Amendments 9 received. 10 THE PRESIDENT: Senator Bruno, 11 that completes the housekeeping. 12 SENATOR BRUNO: Madam President. 13 Madam President, this week we 14 have moved very efficiently through the 15 legislative process; and, consequently, we have 16 only been in session a short time today, but our 17 work for today is completed so that we look 18 forward to next week, where we will work very 19 diligently Monday, Tuesday, Wednesday, and we 20 will take up the people's business. 21 In the meantime, there being no 22 further business to come before the Senate, I 23 move that we stand adjourned until Monday at 3543 1 3:00 p.m., intervening days being legislative 2 days. 3 THE PRESIDENT: Without 4 objection, the Senate stands adjourned until 5 Monday, April 22, at 3:00 p.m., intervening days 6 to be legislative days. 7 (Whereupon, at 11:20 a.m., Senate 8 adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23