Wednesday, January 22, 1997

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 22, 1997 11 3:00 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 24 25 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 with me in the Pledge of Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 May we bow our heads in a moment 9 of silence. 10 (A moment of silence was 11 observed.) 12 The reading of the Journal, 13 please. 14 THE SECRETARY: In Senate, 15 Tuesday, January 21st. The Senate met pursuant 16 to adjournment. The Journal of Sunday, January 17 19th was read and approved. On motion, Senate 18 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. 24 Reports of standing committees. 25 The Secretary will read. 1 THE SECRETARY: Senator Lack, 2 from the Committee on Judiciary, offers up the 3 following bills: 4 Senate Print 311, by Senator 5 Skelos, an act to amend the General Oblications 6 Law, in relation to exoneration of certain crime 7 victims; 8 351, by Senator Kuhl, an act to 9 amend the General Obligations Law, in relation 10 to the liability for negligence; 11 382, by Senator Stafford, an act 12 to amend the Real Property Law, in relation to 13 authorizing an administrator; 14 762, by the Committee on Rules, 15 concurrent resolution of the Senate and Assem 16 bly, proposing an amendment to Section 9 of 17 Article I of the Constitution. 18 Senator Padavan, from the 19 Committee on Cities, offers up the following 20 bills: 21 Senate Print 355, by Senator 22 Velella, an act to amend the General City Law 23 and the Penal Law; 24 570, by Senator Goodman, an act 25 to amend the Administrative Code of the city of 1 New York, in relation to the treatment of thrift 2 reserves. 3 Senator LaValle, from the 4 Committee on Higher Education, offers up the 5 following bills: 6 Senate Print 13, by Senator 7 LaValle, an act to amend the Education Law, the 8 State Finance Law, and the Public Authorities 9 Law; 10 Senate Print 35, by Senator 11 LaValle, an act to amend the Education Law and 12 the Public Officers Law; 13 Senate Print 205, by Senator 14 Holland, an act to authorize the Salvation Army 15 Eastern Division School for Officers training; 16 243, by Senator Johnson, an act 17 to amend the Education Law, in relation to 18 requiring that the State University graduation 19 ceremonies include the Pledge of Allegiance; 20 Senate Bill 24, by Senator 21 LaValle, an act to amend the Education Law, in 22 relation to enacting the Higher Education 23 Community Service Act; 24 303, by Senator LaValle, an act 25 to amend the Education Law, in relation to the 1 Board of Regents of the University of the State 2 of New York. 3 Senator Volker, from the 4 Committee on Codes, offers up the following 5 bills: 6 Senate Print Number 70, by 7 Senator Levy, an act to amend the Penal Law, in 8 relation to the offense of assault; 9 386, by Senator Volker, an act to 10 amend the Civil Rights Law, in relation to 11 access to personnel files; 12 397, by Senator Volker, an act to 13 amend the Penal Law, in relation to issuance of 14 licenses to have and carry pistols; 15 407, by Senator Maziarz, an act 16 to amend the Criminal Procedure Law and the 17 Penal Law, in relation to felony sex offenses; 18 414, by Senator Goodman, an act 19 to amend the Penal Law, in relation to computer 20 networks; 21 424, by Senator Goodman, an act 22 to amend the Penal Law, in relation to 23 consecutive terms of imprisonment; 24 454, by Senator Holland, an act 25 to amend the Penal Law, in relation to license 1 to carry or possess a pistol within the state; 2 484, by Senator DeFrancisco, an 3 act to amend the Civil Practice Law and Rules, 4 in relation to certain privileged information; 5 Senate Print 485, by Senator 6 DeFrancisco, an act to amend the Penal Law, in 7 relation to the payment of restitution in 8 certain instances; 9 Senate Print 487, by Senator 10 DeFrancisco, an act to amend the Criminal 11 Procedure Law, in relation to access to sealed 12 records; 13 502, by Senator Johnson, an act 14 to amend the Penal Law, in relation to 15 administrative provisions relating to the 16 issuance of firearm licenses; 17 521, by Senator Volker, an act to 18 amend the Civil Practice Law and Rules and the 19 Public Authorities Law, in relation to personal 20 service upon public authorities; 21 Senate Print 522, by Senator 22 Volker, an act to amend the Penal Law, in 23 relation to consecutive terms of imprisonment. 24 Senator Levy, from the Committee 25 on Transportation, offers up the following 1 bills: 2 Senate Print 126, by Senator 3 Stafford, an act to amend the Highway Law, in 4 relation to prohibiting abandonment of Crane 5 Pond Road; 6 419, by Senator Goodman, an act 7 to amend the Vehicle and Traffic Law, in 8 relation to mandatory suspensions; 9 599, by Senator Levy, an act to 10 amend the Railroad Law, in relation to requiring 11 trains operating in the state; 12 602, by Senator Levy, an act to 13 amend the Vehicle and Traffic Law, in relation 14 to increasing penalties; 15 628, by Senator Goodman, an act 16 to amend the Vehicle and Traffic Law, in 17 relation to allowing parking violation bureaus 18 to increase the fine. 19 All bills are directly for third 20 reading. 21 THE PRESIDENT: All bills direct 22 to third reading. 23 Reports of select committees. 24 Communications and reports from 25 state officers. 1 Motions and resolutions. 2 SENATOR BRUNO: Madam President, 3 may I ask for an immediate meeting of the Rules 4 Committee in Room 332. 5 THE PRESIDENT: There is an 6 immediate meeting of the Rules Committee in Room 7 332. 8 Senator Bruno. 9 SENATOR BRUNO: Madam President, 10 can we at this time adopt the Resolution 11 Calendar. 12 THE PRESIDENT: All those in favor 13 of adopting the Resolution Calendar, please 14 signify by saying Aye. 15 (Response of "Aye.") 16 Opposed, nay. 17 (There was no response.) 18 The Resolution Calendar is 19 adopted. 20 SENATOR BRUNO: Madam President, 21 can we at this time take up the 22 non-controversial calendar. 23 THE PRESIDENT: The Secretary will 24 read. 25 THE SECRETARY: Calendar Number 14 1 by Senator Volker, Senate Print 26, an act to 2 amend the Vehicle and Traffic Law, in relation 3 to suspensions for failure to answer. 4 THE PRESIDENT: Read the last 5 section, please. 6 THE SECRETARY: Section 3. This 7 act shall take effect on the 30th day. 8 THE PRESIDENT: Call the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 53. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar number 14 15, by Senator Stafford, Senate Print 119, an 15 act to amend the Vehicle and Traffic Law, in 16 relation to the operation of school buses. 17 THE PRESIDENT: Read the last 18 section, please. 19 SENATOR DOLLINGER: Lay it aside. 20 THE PRESIDENT: Oh, lay it aside. 21 THE SECRETARY: Calendar Number 22 17, by Senator Tully, Senate Print Number 188, 23 an act to amend the Vehicle and Traffic Law, in 24 relation to authorizing towns and villages to 25 establish a prepaid residential parking permit 1 system. 2 THE PRESIDENT: Read the last 3 section, please. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 THE PRESIDENT: Call the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 53. 9 THE PRESIDENT: The bill is 10 passed. 11 THE SECRETARY: Calendar Number 12 18, by Senator Levy, Senate Print Number 203, an 13 act to amend the Highway Law. 14 SENATOR BRUNO: Lay it aside, 15 please. 16 THE PRESIDENT: Lay it aside, 17 please. 18 Senator Bruno, that completes the 19 non-controversial reading of the calendar. 20 SENATOR BRUNO: Madam President, 21 can we at this time take up the controversial 22 calendar. 23 THE PRESIDENT: The Secretary 24 will read. 25 THE SECRETARY: Calendar Number 1 15, by Senator Stafford, Senate Print Number 2 119, an act to amend the Vehicle and Traffic 3 Law, in relation to the operation of school 4 buses. 5 THE PRESIDENT: Senator 6 Dollinger. 7 SENATOR DOLLINGER: Senator 8 Stafford available for a question? I just have 9 one. 10 SENATOR BRUNO: Lay it aside for 11 the day, Madam President. Thank you. 12 SENATOR DOLLINGER: Madam 13 President, I'll get the question in writing to 14 Senator Stafford before the next session we do 15 the bill. 16 SENATOR BRUNO: Thank you very 17 much. 18 THE PRESIDENT: Thank you. Lay it 19 aside, please. 20 Senator Bruno, that completes the 21 controversial calendar. 22 SENATOR BRUNO: Madam President, 23 if we can stand at ease for a few moments. We're 24 waiting for the report from the Rules Committee, 25 and we expect that momentarily and we have one 1 bill that we expect on that agenda that we'll be 2 dealing with this afternoon. 3 THE PRESIDENT: Thank you. 4 SENATOR BRUNO: Thank you, Madam 5 President. 6 (The Senate stood at ease from 7 3:10 until 3:16 p.m.) 8 THE PRESIDENT: The Senate will 9 come to order. 10 The Chair recognizes Senator 11 Bruno. 12 SENATOR BRUNO: Mr. President, 13 can we return to reports of standing committees 14 and I believe there is a report at the desk from 15 the Rules Committee. Maybe we can have that 16 read. 17 ACTING PRESIDENT KUHL: We'll 18 return to the order of reports of standing 19 committees. The Secretary will read the report 20 of the Rules Committee. 21 THE SECRETARY: Senator Bruno, 22 from the Committee on Rules, offers up the 23 following bill directly for third reading: 24 Senate Print Number 106, by 25 Senator Volker, an act to amend the Tax Law, in 1 relation to the imposition of sales taxes and 2 use taxes by the County of Erie. 3 ACTING PRESIDENT KUHL: Without 4 objection, the bill is reported directly to 5 third reading. 6 Senator Bruno. 7 SENATOR BRUNO: I move we accept 8 the report, Mr. President. 9 ACTING PRESIDENT KUHL: On the 10 motion to accept the report of the Rules 11 Committee, all those in favor of accepting the 12 report signify by saying aye. 13 (Response of "Aye.") 14 Opposed nay. 15 (There was no response.) 16 The report is accepted. The bill 17 is reported directly to third reading. 18 SENATOR BRUNO: Mr. President, can 19 we at this time take up Calendar Number 125? 20 THE SECRETARY: Senator Volker 21 moves to discharge from the Committee on 22 Investigations, Taxation and Government 23 Operations, Assembly Bill Number 341 and 24 substitute it for the identical Senate Bill 25 Number 106. 1 Calendar Number 25, by the 2 Assembly Committee on Rules, Assembly Print 3 Number 341, an act to amend the Tax Law, in 4 relation to the imposition of sales taxes and 5 use taxes by the County of Erie. 6 ACTING PRESIDENT KUHL: Any 7 Senator wishing to comment on the bill? Hearing 8 none, the Secretary 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 ACTING PRESIDENT KUHL: Announce 15 the results when tabulated. 16 THE SECRETARY: Ayes 56, nays 17 one, Senator Dollinger recorded in the negative. 18 ACTING RESIDENT KUHL: The bill is 19 passed. 20 Senator Bruno. 21 SENATOR BRUNO: Mr. President, we 22 are at this time handing up, after serious 23 deliberation with our esteemed Minority Leader, 24 Senator Marty Connor, a substitution list for 25 committee assignments that will supersede all 1 others that have been in place in the Senate 2 previous to this very moment. 3 Thank you, Mr. President. 4 ACTING PRESIDENT KUHL: Order the 5 substitution be filed in the Journal. 6 Senator Bruno. 7 SENATOR BRUNO: Mr. President, I 8 I hesitate to ask, but is there any housekeeping 9 at the desk? 10 ACTING PRESIDENT KUHL: Nothing 11 at the desk, Senator Bruno. 12 SENATOR BRUNO: There is none. 13 There being no further business to come before 14 the Senate, I would move that we stand adjourned 15 until Monday at 3:00 p.m., intervening days to 16 be legislative days. 17 Thank you. 18 ACTING PRESIDENT KUHL: Without 19 objection, the Senate stands adjourned until 20 Monday, January 27th, at 3:00 p.m., all 21 intervening days to be legislative days. 22 (Whereupon, at 3:20 p.m., the 23 Senate adjourned.) 24 25