Sunday, June 30, 1996

8979 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 June 30, 1996 11 7:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NICHOLAS A. SPANO, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 8980 1 P R O C E E D I N G S 2 ACTING PRESIDENT SPANO: Senate 3 will come to order. All please rise for the 4 Pledge of Allegiance to the Flag. 5 (The Assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 In the absence of clergy, can we 8 please bow our heads for a moment of silence. 9 Reading of the Journal. 10 THE SECRETARY: In Senate, 11 Saturday, June 29th. The Senate met - 12 ACTING PRESIDENT SPANO: Senator 13 Bruno. 14 SENATOR BRUNO: Mr. President, 15 can we call for an immediate meeting of the 16 Finance Committee in Room 332. 17 ACTING PRESIDENT SPANO: 18 Immediate Finance Committee meeting in Room 19 332. 20 Reading of the Journal. 21 THE SECRETARY: In Senate, 22 Saturday, June 29th. The Senate met pursuant to 23 adjournment. The Journal of Friday, June 28th, 8981 1 was read and approved. On motion, Senate 2 adjourned. 3 ACTING PRESIDENT SPANO: Hearing 4 no objection, the Journal stands approved as 5 read. 6 Presentation of petitions. 7 Messages from the Assembly. 8 Messages from the Governor. 9 Reports of standing committees. 10 Reports from select committees. 11 Communications and reports from 12 state officers. 13 Motions and resolutions. 14 Senator Seward. 15 SENATOR SEWARD: Mr. President, 16 on behalf of Senator LaValle, I wish to call up 17 his bill, Print Number 3292-B, recalled from the 18 Assembly which is now at the desk. 19 ACTING PRESIDENT SPANO: 20 Secretary will read. 21 THE SECRETARY: By Senator 22 LaValle, Senate Print 3292-B, an act to amend 23 the Education Law. 8982 1 ACTING PRESIDENT SPANO: Senator 2 Seward. 3 SENATOR SEWARD: Mr. President, I 4 now move to reconsider the vote by which this 5 bill was passed. 6 ACTING PRESIDENT SPANO: Call the 7 roll on reconsideration. 8 (The Secretary called the roll on 9 reconsideration.) 10 ACTING PRESIDENT SPANO: Senator 11 Seward. 12 SENATOR SEWARD: Mr. President, I 13 now move the following amendments. 14 And on behalf of Senator 15 Nozzolio, I wish to call up his bill, Print 16 Number 6114, recalled from the Assembly which is 17 now at the desk. 18 ACTING PRESIDENT SPANO: 19 Secretary will read. 20 THE SECRETARY: By Senator 21 Nozzolio, Senate Print 6114, an act to amend the 22 Public Authorities Law. 23 SENATOR SEWARD: Mr. President, I 8983 1 now move to reconsider the vote by which this 2 bill was passed. 3 ACTING PRESIDENT SPANO: Call the 4 roll on reconsideration. 5 (The Secretary called the roll on 6 reconsideration. ) 7 THE SECRETARY: Ayes 33. 8 SENATOR SEWARD: Mr. President, I 9 now offer the following amendments. 10 ACTING PRESIDENT SPANO: 11 Amendments received and adopted. 12 Senator Farley. 13 SENATOR FARLEY: Mr. President, I 14 wish to call up, on behalf of Senator Marchi, 15 Print Number 6406, which was recalled from the 16 Assembly which is now at the desk. 17 ACTING PRESIDENT SPANO: 18 Secretary will read. 19 THE SECRETARY: By Senator 20 Marchi, Senate Print 6406, an act to amend the 21 Navigation Law. 22 SENATOR FARLEY: I now move to 23 reconsider the vote by which this bill was 8984 1 passed. 2 ACTING PRESIDENT SPANO: Call the 3 roll on reconsideration. 4 (The Secretary called the roll on 5 reconsideration. ) 6 THE SECRETARY: Ayes 35. 7 SENATOR FARLEY: I now move to 8 recommit the bill to Rules. 9 ACTING PRESIDENT SPANO: The bill 10 is recommitted. 11 SENATOR FARLEY: On behalf of 12 Senator Kuhl, I wish to call up his bill, Print 13 Number 2404-A, recalled from the Assembly now at 14 the desk. 15 ACTING PRESIDENT SPANO: 16 Secretary will read. 17 THE SECRETARY: By Senator Kuhl, 18 Senate Print 2404-A, an act to amend the Public 19 Officers Law. 20 SENATOR FARLEY: I move to 21 reconsider the vote by which this bill passed. 22 ACTING PRESIDENT SPANO: Call the 23 roll on reconsideration. 8985 1 (The Secretary called the roll on 2 reconsideration.) 3 ACTING PRESIDENT SPANO: Senator 4 Farley. 5 SENATOR FARLEY: I now offer the 6 following amendments, and that's it. 7 ACTING PRESIDENT SPANO: The 8 amendments are received. 9 Senator Farley. 10 SENATOR FARLEY: On behalf of 11 Senator Stafford, I wish to call up his bill, 12 Print Number 6590, recalled from the Assembly 13 which is now at the desk. 14 THE SECRETARY: By Senator 15 Stafford, Print Number 6590, an act to amend the 16 Tax Law. 17 SENATOR FARLEY: I now move to 18 reconsider the vote by which this bill was 19 passed. 20 ACTING PRESIDENT SPANO: Call the 21 roll on reconsideration. 22 (The Secretary called the roll on 23 reconsideration.) 8986 1 SENATOR FARLEY: I now offer the 2 following amendments. 3 ACTING PRESIDENT SPANO: The 4 amendments are received. 5 Senator Libous. 6 SENATOR LIBOUS: Mr. President, 7 on behalf of Senator Johnson, I wish to call up 8 his bill, Print Number 6304-A, recalled from the 9 Assembly which is now at the desk. 10 ACTING PRESIDENT SPANO: 11 Secretary will read. 12 THE SECRETARY: By Senator 13 Johnson, Senate Print 6304-A, an act to amend 14 the Public Health Law. 15 SENATOR LIBOUS: Mr. President, I 16 now move to reconsider the vote by which this 17 bill was passed. 18 ACTING PRESIDENT SPANO: Call the 19 roll on reconsideration. 20 (The Secretary called the roll on 21 reconsideration.) 22 THE SECRETARY: Ayes 41. 23 SENATOR LIBOUS: Mr. President, I 8987 1 offer up the following amendments. 2 ACTING PRESIDENT SPANO: 3 Amendments are received. 4 Senator Skelos. 5 SENATOR SKELOS: Is there any 6 other housekeeping at the desk? 7 ACTING PRESIDENT SPANO: Yes, 8 there is, Senator Skelos. We're trying to track 9 it down. 10 Senator Marcellino. 11 SENATOR MARCELLINO: Having just 12 tracked it down, Mr. President, I wish to call 13 up Senator Larkin's bill, Print Number 7503, 14 recalled from the Assembly which is now at the 15 desk. 16 ACTING PRESIDENT SPANO: 17 Secretary will read. 18 THE SECRETARY: By Senator 19 Larkin, Senate Print Number 7503, an act to 20 amend the Highway Law. 21 SENATOR MARCELLINO: Mr. 22 President, I now move to reconsider the vote by 23 which this bill was passed. 8988 1 ACTING PRESIDENT SPANO: Call the 2 roll on reconsideration. 3 (The Secretary called the roll on 4 reconsideration.) 5 THE SECRETARY: Ayes 43. 6 SENATOR MARCELLINO: Mr. 7 President, I now offer the following 8 amendments. 9 ACTING PRESIDENT SPANO: 10 Amendments are received. 11 SENATOR MARCELLINO: Mr. 12 President, this bill will be recommitted to 13 Third Reading Calendar. 14 ACTING PRESIDENT SPANO: Bill 15 will be recommitted to the calendar. 16 Senator Marcellino. 17 SENATOR MARCELLINO: I wish to 18 call up my bill, Print Number 3642, recalled 19 from the Assembly which is now at the desk. 20 ACTING PRESIDENT SPANO: Secretary 21 will read. 22 THE SECRETARY: By Senator 23 Marcellino, Senate Print 3642, an act to amend 8989 1 the Environmental Conservation Law. 2 SENATOR MARCELLINO: Mr. 3 President, I now wish to reconsider the vote by 4 which this bill, worthy though it is, has 5 passed. 6 ACTING PRESIDENT SPANO: Call the 7 roll on reconsideration. 8 (The Secretary called the roll on 9 reconsideration. ) 10 THE SECRETARY: Ayes 44. 11 ACTING PRESIDENT SPANO: Bill is 12 before the house. 13 SENATOR MARCELLINO: Mr. 14 President, I now offer the following 15 amendments. 16 ACTING PRESIDENT SPANO: 17 Amendments are received and adopted. 18 SENATOR MARCELLINO: And with the 19 wish that the bill will be put on the Third 20 Reading Calendar. 21 ACTING PRESIDENT SPANO: So 22 moved. 23 Senator Skelos. 8990 1 SENATOR SKELOS: Mr. President, 2 is there any other housekeeping at the desk? 3 ACTING PRESIDENT SPANO: Senator 4 Skelos, there's no more housekeeping 5 apparently. 6 SENATOR SKELOS: Mr. President, 7 there will be an immediate meeting of the Rules 8 Committee in the Majority Conference Room and if 9 we could return to reports of standing commit 10 tees, I believe there's a report of the Finance 11 Committee at the desk. I ask that it be read. 12 ACTING PRESIDENT SPANO: 13 Immediate meeting of the Rules Committee in the 14 Majority Conference Room. 15 Secretary will read the copy of 16 the report of the Finance Committee. 17 THE SECRETARY: Senator Stafford, 18 from the Committee on Finance, offers up 19 directly for third reading, from the Committee 20 on Rules, Senate Print 7902, an act making 21 appropriation for the support of government. 22 ACTING PRESIDENT SPANO: Without 23 objection, bill is reported directly to third 8991 1 reading. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 is there a -- may we please take up Calendar 5 Number 1681, Senate 7902, which was just 6 reported. 7 ACTING PRESIDENT SPANO: 8 Secretary will read. 9 THE SECRETARY: Calendar Number 10 1681, by the Committee on Rules, Senate Print 11 Number 7902, an act making appropriation for the 12 support of government. 13 SENATOR SKELOS: Mr. President, 14 are there messages of appropriation and 15 necessity at the desk? 16 ACTING PRESIDENT SPANO: Yes, 17 there are, Senator Skelos. 18 ACTING PRESIDENT SPANO: All in 19 favor of accepting the message of necessity and 20 appropriation signify by saying aye. 21 (Response of "Aye.") 22 Opposed nay. 23 (There was no response. ) 8992 1 The messages are accepted. Read 2 the last section. 3 THE SECRETARY: Section 34. This 4 act shall take effect immediately. 5 ACTING PRESIDENT SPANO: Call the 6 roll. 7 (The Secretary called the roll. ) 8 THE SECRETARY: Ayes 47. 9 ACTING PRESIDENT SPANO: The bill 10 is passed. 11 SENATOR SKELOS: Stand at ease 12 for a moment. 13 ACTING PRESIDENT SPANO: The 14 Senate will stand at ease. 15 (The Senate stood at ease briefly 16 at 7:14 p.m.) 17 ACTING PRESIDENT SPANO: Senator 18 Skelos. 19 SENATOR SKELOS: If we could 20 return to reports of standing committees, I 21 believe there's a report of the Rules Committee 22 at the desk. I ask that it be read. 23 ACTING PRESIDENT SPANO: 8993 1 Secretary will read. 2 THE SECRETARY: Senator Bruno, 3 from the Committee on Rules, offers up the 4 following bill directly for third reading: 5 7817, by the Committee on Rules, 6 an act to amend the Administrative Code of the 7 city of New York. 8 SENATOR SKELOS: Move we accept 9 the report of the Rules Committee. 10 ACTING PRESIDENT SPANO: All in 11 favor of accepting the Rules Committee report, 12 signify by saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response.) 16 It's accepted. 17 Senator Skelos. 18 SENATOR SKELOS: If we could take 19 the bill up at this time, Mr. President. 20 ACTING PRESIDENT SPANO: Read the 21 last section. I'm sorry. Secretary will read. 22 THE SECRETARY: Calendar Number 23 1682, by the Committee on Rules, Senate Print 8994 1 7817, an act to amend the Administrative Code of 2 the city of New York. 3 ACTING PRESIDENT SPANO: Home 4 rule message is at the desk. Read the last 5 section. 6 THE SECRETARY: This act shall 7 take effect immediately. 8 ACTING PRESIDENT SPANO: Call the 9 roll. 10 (The Secretary called the roll. ) 11 THE SECRETARY: Ayes 51. 12 ACTING PRESIDENT SPANO: The bill 13 is passed. 14 SENATOR SKELOS: Mr. President, 15 is there any other housekeeping at the desk? 16 ACTING PRESIDENT SPANO: Yes. 17 Senator Farley. 18 SENATOR FARLEY: Thank you, Mr. 19 President. 20 On behalf of Senator Maziarz, I 21 wish to call up his bill, Senate Print 7277-A, 22 which was recalled from the Assembly which is 23 now at the desk. 8995 1 ACTING PRESIDENT SPANO: 2 Secretary will read. 3 THE SECRETARY: By Senator 4 Maziarz, Senate Print 7277-A, an act to amend 5 the State Administrative Procedure Act. 6 SENATOR FARLEY: I now move to 7 reconsider the vote by which this bill was 8 passed. 9 ACTING PRESIDENT SPANO: Call the 10 roll on reconsideration. 11 (The Secretary called the roll on 12 reconsideration. ) 13 THE SECRETARY: Ayes 52. 14 SENATOR FARLEY: I now offer the 15 following amendments. 16 ACTING PRESIDENT SPANO: 17 Amendments are received and adopted. 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 within a couple of minutes, the Senate will 21 stand at ease, and what is suggested by the 22 leader is that the members could call the 23 operator, which is 455-2800 at 9:00 p.m., to 8996 1 find out whether there will be any other 2 business taken up by the Senate at that time. 3 So if the members would call the switchboard 4 operator at 9:00 p.m., 455-2800, we'll know 5 whether there will be additional business taken 6 up this evening. 7 The Senate is going to stand at 8 ease. If there is no business taken up this 9 evening, there will be a Majority Conference at 10 4:30 tomorrow and session will be at 5:00 p.m. 11 The Senate will stand at ease. 12 ACTING PRESIDENT SPANO: Senate 13 will stand at ease. 14 (The Senate stood at ease from 15 7:30 p.m. until 11:50 p.m.) 16 ACTING PRESIDENT KUHL: The 17 Senate will come to order. 18 Chair recognizes Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 there will be an immediate meeting of the Rules 21 Committee in the Majority Conference Room and 22 the Senate will stand at ease. 23 ACTING PRESIDENT KUHL: Immediate 8997 1 meeting of the Rules Committee in the Majority 2 Conference Room. Immediate meeting of the Rules 3 Committee in the Majority Conference Room, Room 4 332, and the Senate stands at ease. 5 (The Senate stood at ease from 6 11:51 p.m. until 11:56 p.m.) 7 ACTING PRESIDENT KUHL: Senate 8 will come to order. 9 The Chair recognizes Senator 10 Skelos. 11 SENATOR SKELOS: Mr. President, 12 if we can return to reports of standing 13 committees. I believe there's a report of the 14 Rules Committee at the desk. I ask that it be 15 read. 16 ACTING PRESIDENT KUHL: There is 17 a report of the Rules Committee at the desk. 18 We'll return to the order of reports of standing 19 committees. I'll ask the Secretary to read. 20 THE SECRETARY: Senator Bruno, 21 from the Committee on Rules, offers up the 22 following bill directly for third reading: 23 Senate print 7905, from the 8998 1 Committee on Rules, an act to amend Chapter 905 2 of the Laws of 1986, amending the General 3 Municipal Law. 4 ACTING PRESIDENT KUHL: Senator 5 Skelos. 6 SENATOR SKELOS: Move to accept. 7 ACTING PRESIDENT KUHL: Motion is 8 to accept the report of the Rules Committee. 9 All those in favor signify by saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response. ) 13 The report is accepted. 14 For the benefit of the members, 15 the bills are being handed out on your desks as 16 we speak. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 if we could take up Senate 7905. 20 ACTING PRESIDENT KUHL: Ask the 21 Secretary to read the title. 22 THE SECRETARY: Calendar Number 23 1683, Senate Print 7905, by the Committee on 8999 1 Rules, an act to amend Chapter 905 of the Laws 2 of 1986. 3 ACTING PRESIDENT KUHL: Senator 4 Skelos. 5 SENATOR SKELOS: Is there a 6 message of necessity at the desk? 7 ACTING PRESIDENT KUHL: There is 8 a message of necessity at the desk, Senator 9 Skelos. 10 SENATOR SKELOS: Move to accept. 11 ACTING PRESIDENT KUHL: Motion is 12 to accept the message of necessity at the desk. 13 All those in favor signify by saying aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response. ) 17 The message is accepted. 18 Secretary will read the last 19 section. 20 THE SECRETARY: Section 1. This 21 act shall take effect immediately. 22 ACTING PRESIDENT KUHL: Call the 23 roll. 9000 1 (The Secretary called the roll. ) 2 ACTING PRESIDENT KUHL: Senator 3 Padavan. 4 SENATOR PADAVAN: Mr. President, 5 I'd like to explain my vote. 6 ACTING PRESIDENT KUHL: Excuse 7 me, Senator Padavan. Read the last section. 8 SENATOR PADAVAN: I thought you 9 had. 10 THE SECRETARY: This act shall 11 take effect immediately. 12 ACTING PRESIDENT KUHL: Call the 13 roll. 14 (The Secretary called the roll. ) 15 ACTING PRESIDENT KUHL: Senator 16 Padavan, to explain his vote. 17 SENATOR PADAVAN: Mr. President, 18 obviously we must adopt this measure tonight. 19 There are too many critical things involved in 20 it. However, I do feel obliged to point out one 21 area of the bill with which I disagree and that 22 is the portion of the bill that relates to 23 simulcasting, particularly the simulcasting of 9001 1 racing into people's homes and allowing of 2 wagering from their homes. I think it's a 3 mistake. It's poor policy for the state to be 4 involved to that extent in this form of gambling 5 in a law. 6 I'll be voting for the bill. I 7 wish the record to clearly indicate my 8 opposition to that portion of it. 9 I vote aye. 10 ACTING PRESIDENT KUHL: Secretary 11 will announce the results. 12 SENATOR GOODMAN: Mr. President. 13 ACTING PRESIDENT KUHL: Senator 14 Goodman to explain his vote. 15 SENATOR GOODMAN: Mr. President, 16 I'd like to point out that within this bill 17 there is an extremely important renewal of the 18 loft law which, as you know, has been a matter 19 of considerable concern to me and others in this 20 house. 21 I'd like to remind the house that 22 loft tenants are, by and large, members of the 23 artistic community in New York City, which the 9002 1 Port Authority has authoritatively indicated is 2 a more than $9 billion economic stimulus to the 3 greater New York area, and I'd also like to 4 point out, Mr. President, that with respect to 5 lofts, it may not be generally understood but 6 loft owners moved into an area of New York City, 7 generally the downtown area known as Soho and 8 its environs, in which we have had a situation 9 where manufacturing concerns have moved out of 10 the City and artists have come in, have taken 11 over spaces, have with the sweat of their brows 12 done great things in the restoration of 13 buildings that were otherwise on the verge of 14 abandonment and, as a result of this, they have 15 given great contributions to the City and its 16 ambience. 17 Mr. President, it is exceedingly 18 urgent that we maintain this loft law in effect 19 for the protection of these good people and the 20 fact that we've extended it and breathed new 21 life into it is highly significant. I'd like to 22 remind the house that should this law expire, it 23 would create a chaotic situation for some 10,000 9003 1 tenants who live in loft buildings around the 2 southern part of Manhattan and other related 3 areas and, therefore, it's needless to say a 4 very salutary development that we have shown the 5 concern for this and have extended it for four 6 days during which I trust we'll arrange for a 7 permanent and lasting extension of this law. 8 Thank you, Mr. President. 9 ACTING PRESIDENT KUHL: Announce 10 the results. 11 THE SECRETARY: Ayes 53. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 (Applause from the gallery.) 15 ACTING PRESIDENT KUHL: Senator 16 Skelos. 17 SENATOR SKELOS: Mr. President, 18 is there any housekeeping at the desk? 19 ACTING PRESIDENT KUHL: Nothing, 20 Senator Skelos. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 just again a reminder, there will be a Majority 9004 1 Conference at 4:30 in the Majority Conference 2 Room, and there being no further business I move 3 we adjourn until July 1st, 1996 at 5:00 p.m., 4 sharp. 5 ACTING PRESIDENT KUHL: Without 6 objection, hearing no objection, the Senate 7 stands adjourned until tomorrow, July 1st, 1996 8 at 5:00 p.m. 9 (Whereupon, at 12:03 a.m., July 10 1st, 1996 the Senate adjourned. ) 11 12 13 14 15 16 17 18 19 20 21 22 23