Wednesday, July 10, 1996

9308 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 July 10, 1996 11 11:50 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR ROBERT A. DiCARLO, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 9309 1 P R O C E E D I N G S 2 ACTING PRESIDENT DiCARLO: The 3 Senate will come to order. Will everyone please 4 rise for the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag.) 7 In the absence of clergy, will 8 everyone please bow their heads in a moment of 9 silence. 10 (A moment of silence was 11 observed. ) 12 Reading of the Journal. 13 THE SECRETARY: In Senate, 14 Tuesday, July 9th. The Senate met pursuant to 15 adjournment, Senator Hoblock in the Chair. The 16 Journal of Monday, July 8th, was read and 17 approved. On motion, Senate adjourned. 18 ACTING PRESIDENT DiCARLO: 19 Hearing no objection, the Journal stands 20 approved as read. 21 Senator Bruno. 22 SENATOR BRUNO: Mr. President, 23 can we ask for an immediate meeting of the Rules 9310 1 Committee in Room 332. 2 ACTING PRESIDENT DiCARLO: There 3 will be an immediate meeting of the Rules 4 Committee in Room 332. 5 On the order of business: 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 Communication and reports from 12 state officers. 13 Motions and resolutions. 14 Senator Libous. 15 SENATOR LIBOUS: Thank you, Mr. 16 President. 17 On behalf of Senator DeFrancisco, 18 I wish to call up his bill Print Number 7571 19 recalled from the Assembly which is now at the 20 desk. 21 ACTING PRESIDENT DiCARLO: 22 Secretary will read. 23 THE SECRETARY: By Senator 9311 1 DeFrancisco, Senate Bill 7571, an act 2 authorizing the extension of the Geddes Fire 3 Protection District. 4 SENATOR LIBOUS: Mr. President, I 5 now move to reconsider the vote by which this 6 bill was passed. 7 ACTING PRESIDENT DiCARLO: Call 8 the roll on reconsideration. 9 (The Secretary called the roll on 10 reconsideration. ) 11 THE SECRETARY: Ayes 41. 12 SENATOR LIBOUS: Mr. President, I 13 now offer up the following amendments. 14 ACTING PRESIDENT DiCARLO: 15 Amendments are received and adopted. 16 SENATOR LIBOUS: Mr. President, on 17 behalf of Senator Alesi, I wish to call up his 18 bill 6852, recalled from the Assembly which is 19 now at the desk. 20 ACTING PRESIDENT DiCARLO: So 21 ordered. Secretary will read. 22 THE SECRETARY: By Senator Alesi, 23 Senate Print 6852, an act to amend the Social 9312 1 Services Law. 2 SENATOR LIBOUS: Mr. President, I 3 now move to reconsider the vote by which this 4 bill was passed. 5 ACTING PRESIDENT DiCARLO: Call 6 the roll on reconsideration. 7 (The Secretary called the roll on 8 reconsideration. ) 9 THE SECRETARY: Ayes 41. 10 ACTING PRESIDENT DiCARLO: 11 Amendments received and adopted. 12 SENATOR LIBOUS: Mr. President, 13 on behalf of Senator Stafford, I wish to call up 14 his bill, Senate Print 7749, recalled from the 15 Assembly which is now at the desk. 16 THE SECRETARY: By Senator 17 Stafford, Senate Print 7749, an act approving 18 the exchange of certain lands. 19 SENATOR LIBOUS: Mr. President, I 20 now move to reconsider the vote by which this 21 bill was passed. 22 ACTING PRESIDENT DiCARLO: Call 23 the roll. 9313 1 (The Secretary called the roll on 2 reconsideration. ) 3 THE SECRETARY: Ayes 41. 4 SENATOR LIBOUS: Mr. President, I 5 now offer up the following amendments. 6 ACTING PRESIDENT DiCARLO: 7 Amendments are received and adopted. 8 SENATOR LIBOUS: Mr. President, 9 on behalf of Senator Johnson, I wish to call up 10 his bill 1728, recalled from the Assembly which 11 is now at the desk. 12 ACTING PRESIDENT DiCARLO: 13 Secretary will read. 14 THE SECRETARY: By Senator 15 Johnson, Senate Print 1728, an act to amend the 16 Penal Law. 17 SENATOR LIBOUS: Mr. President, I 18 now move to reconsider the vote by which this 19 bill was passed. 20 ACTING PRESIDENT DiCARLO: Call 21 the roll. 22 (The Secretary called the roll on 23 reconsideration.) 9314 1 THE SECRETARY: Ayes 41. 2 SENATOR LIBOUS: Mr. President, I 3 now offer up the following amendments. 4 ACTING PRESIDENT DiCARLO: 5 Amendments received and adopted. 6 The Senate will stand at ease. 7 Senator Bruno. 8 SENATOR BRUNO: Mr. President, we 9 can stand at ease awaiting the Rules Committee's 10 report. 11 ACTING PRESIDENT DiCARLO: The 12 Senate will stand at ease. 13 (The Senate stood at ease 14 briefly.) 15 ACTING PRESIDENT LIBOUS: Senator 16 Bruno. 17 SENATOR BRUNO: Mr. President, 18 can we return to reports of standing 19 committees. I believe there's a report there 20 from the Rules Committee. We might ask it be 21 read at this time. 22 ACTING PRESIDENT LIBOUS: 23 Secretary will read the report of the Rules 9315 1 Committee. 2 THE SECRETARY: Senator Bruno, 3 from the Committee on Rules, offers up the 4 following bill directly for third reading: 5 By the Committee on Rules, Senate 6 Print 7924, an act to amend Chapter 905 of the 7 Laws of 1986. 8 SENATOR BRUNO: Move to accept. 9 ACTING PRESIDENT LIBOUS: All in 10 favor of accepting the Rules report signify by 11 saying aye. 12 (Response of "Aye.") 13 Nay, opposed. 14 (There was no response. ) 15 The report is accepted. 16 Senator Bruno. 17 SENATOR BRUNO: Is there a 18 message at the desk, Mr. President? 19 ACTING PRESIDENT LIBOUS: 20 Secretary will read Calendar Number 1710. 21 THE SECRETARY: Calendar Number 22 1710, Senator Bruno moves to discharge from the 23 Committee on Rules Assembly Bill Number 11298-A 9316 1 and substitute it for the identical Senate Bill 2 7924. 3 ACTING PRESIDENT LIBOUS: 4 Substitution ordered. 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 1710, by the Assembly Committee on Rules, 8 Assembly Print Number 11298-A, an act to amend 9 Chapter 905 of the Laws of 1986. 10 Senator Bruno. 11 SENATOR BRUNO: Is there a 12 message at the desk, Mr. President? 13 ACTING PRESIDENT LIBOUS: Yes, 14 there is. 15 SENATOR BRUNO: Move we accept 16 the message. 17 ACTING PRESIDENT LIBOUS: All in 18 favor of accepting the message of necessity say 19 aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response.) 23 The message is accepted. Read 9317 1 the last section. 2 THE SECRETARY: Section 6. This 3 act shall take effect immediately. 4 ACTING PRESIDENT LIBOUS: Call 5 the roll. 6 (The Secretary called the roll. ) 7 THE SECRETARY: Ayes 41. 8 ACTING PRESIDENT LIBOUS: The 9 bill is passed. 10 Senator Bruno. Senator Bruno. 11 SENATOR BRUNO: Mr. President, I 12 would like to inform our members that we will 13 have a conference of the Majority in Room 332 14 tomorrow at 10:00 a.m. and there being no 15 further business to come before the Senate, I 16 would move that we stand adjourned subject to 17 Senator Paterson, who is on his feet making a 18 comment and an observation that I think we want 19 to hear, Mr. President, before we conclude. 20 ACTING PRESIDENT LIBOUS: Senator 21 Paterson, your comment and observation. 22 SENATOR PATERSON: Well, 23 actually, Mr. President, I just wanted to make 9318 1 any record of my remarks because my family does 2 not believe that I'm here. They think I'm 3 at a - 4 ACTING PRESIDENT LIBOUS: Senator 5 Gold, why do you rise? 6 SENATOR GOLD: Thank you for 7 mentioning my name too. 8 ACTING PRESIDENT LIBOUS: Senator 9 Paterson, you have the floor, sir. 10 SENATOR PATERSON: Mr. President, 11 there will be a meeting of the Minority in the 12 Minority Conference Room tomorrow morning at 13 10:00 a.m. 14 ACTING PRESIDENT LIBOUS: There 15 will be, tomorrow morning at 10:00 a.m., a 16 meeting of the Senate Majority in the Majority 17 Conference Room and tomorrow at 10:00 a.m., 18 there will be a meeting of the Senate Minority 19 in the Minority Conference Room. 20 Senator Bruno. 21 SENATOR BRUNO: And now, Mr. 22 President, there being no further business to 23 come before the Senate on this morning, we will 9319 1 stand adjourned at the call of the Majority 2 Leader. 3 ACTING PRESIDENT LIBOUS: The 4 Senate stands adjourned at the call of the 5 Majority Leader. 6 (Whereupon at 12:08 a.m., July 7 11, 1996, the Senate adjourned. ) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23