Tuesday, July 8, 1997

6881 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 July 8, 1997 11 11:28 a.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 6882 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come do order. Would everyone please rise and 4 join with me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag. ) 7 May we bow our heads in a moment 8 of silence. 9 (A moment of silence was 10 observed. ) 11 The reading of the Journal, 12 please. 13 THE SECRETARY: In Senate, 14 Monday, July 7th. The Senate met pursuant to 15 adjournment. The Journal of Sunday, July 6th, 16 was read and approved. On motion, Senate 17 adjourned. 18 THE PRESIDENT: Without 19 objection, the Journal stands approved as read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 24 Reports of select committees. 25 Communications and reports from 6883 1 state officers. 2 Motions and resolutions. 3 Senator Skelos. 4 SENATOR SKELOS: Madam President, 5 there will be an immediate meeting of the 6 Finance Committee in Room 332 of the Capitol. 7 THE PRESIDENT: There will be an 8 immediate meeting of the Finance Committee in 9 Room 332. 10 ACTING PRESIDENT MAZIARZ: 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 while on motions and resolutions, I move we 14 adopt the Resolution Calendar except Resolution 15 2020. 16 ACTING PRESIDENT MAZIARZ: Motion 17 is to accept the Resolution Calendar. All those 18 in favor. 19 (Response of "Aye.") 20 Opposed? 21 (There was no response. ) 22 The motion is carried. 23 Resolution Calendar is adopted except for the 24 noted resolution. 25 SENATOR SKELOS: Mr. President. 6884 1 ACTING PRESIDENT MAZIARZ: 2 Senator Skelos. 3 SENATOR SKELOS: If we could have 4 the title read on Resolution 2020 and then move 5 for its immediate adoption. 6 ACTING PRESIDENT MAZIARZ: 7 Secretary will read. 8 THE SECRETARY: By Senator Bruno, 9 Legislative Resolution paying tribute to James 10 R. Tallon, Jr., upon the occasion of his 11 designation by the Communities Aid Association 12 as the recipient of the Homer Folks Award. 13 ACTING PRESIDENT MAZIARZ: 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 on behalf of Senator Bruno, he'd like to open up 17 sponsorship of that resolution, and now I move 18 its adoption. 19 ACTING PRESIDENT MAZIARZ: 20 Without objection, so ordered. 21 On the resolution, all those in 22 favor signify by saying aye. 23 (Response of "Aye.") 24 Opposed nay. 25 (There was no response. ) 6885 1 The resolution is adopted. 2 Senator Skelos. 3 SENATOR SKELOS: Any other 4 motions to be made at this time? 5 ACTING PRESIDENT MAZIARZ: Yes, 6 Senator Skelos. Want to recognize one of the 7 two Senator Leibells that we have in the chamber 8 this morning. 9 SENATOR LEIBELL: Thank you, Mr. 10 President. 11 I wish to call up my bill which 12 is Print Number 3215, recalled from the Assembly 13 and is now at the desk. 14 ACTING PRESIDENT MAZIARZ: 15 Secretary will read. 16 THE SECRETARY: By Senator 17 Leibell, Senate Print 3215, an act authorizing 18 the town of Southeast, Putnam County. 19 SENATOR LEIBELL: Mr. President, 20 I now move to reconsider the vote by which this 21 bill was passed. 22 ACTING PRESIDENT MAZIARZ: Call 23 the roll on reconsideration. 24 (The Secretary called the roll on 25 reconsideration. ) 6886 1 THE SECRETARY: Ayes 48. 2 SENATOR LEIBELL: Mr. President, 3 I now offer the following amendments. 4 ACTING PRESIDENT MAZIARZ: 5 Amendments received. 6 Senator Skelos. 7 SENATOR SKELOS: Is there any 8 housekeeping at the desk? 9 ACTING PRESIDENT MAZIARZ: No. 10 SENATOR SKELOS: We'll stand at 11 ease pending a report of the Finance Committee. 12 ACTING PRESIDENT MAZIARZ: We'll 13 stand at ease pending a report of the Finance 14 Committee. 15 (The Senate stood at ease from 16 11:33 a.m. To 11:37 a.m.) 17 ACTING PRESIDENT MAZIARZ: 18 Senator Skelos. 19 SENATOR SKELOS: Mr. President, 20 there will be an immediate meeting of the Rules 21 Committee in the Majority Conference Room. 22 ACTING PRESIDENT MAZIARZ: 23 Immediate meeting of the Rules Committee in Room 24 332. Immediate meeting of the Rules Committee 25 in Room 332. 6887 1 The Senate will stand at ease. 2 (The Senate stood at ease from 3 11:38 a.m., until 11:46 a.m.) 4 SENATOR SKELOS: Mr. President. 5 ACTING PRESIDENT MAZIARZ: 6 Senator Skelos. 7 SENATOR SKELOS: There will be an 8 immediate meeting of the Labor Committee in Room 9 332. 10 ACTING PRESIDENT MAZIARZ: There 11 will be an immediate meeting of the Labor 12 Committee in Room 332. 13 SENATOR SKELOS: Followed by a 14 meeting of the Energy Committee. 15 ACTING PRESIDENT MAZIARZ: 16 Immediate meeting of the Labor Committee, 17 followed by a meeting of the Energy Committee in 18 Room 332. 19 SENATOR SKELOS: If we could 20 return to reports of standing committees, I 21 believe there's a report of the Finance 22 Committee at the desk. Ask it be read. 23 ACTING PRESIDENT MAZIARZ: 24 Secretary will read. 25 THE SECRETARY: Senator Stafford, 6888 1 from the Committee on Finance, offers up the 2 following bill directly for third reading: 3 5685, by the Committee on Rules, 4 an act making appropriation for the support of 5 government. 6 SENATOR SKELOS: Mr. President, I 7 move we accept the report of the Finance 8 Committee. 9 ACTING PRESIDENT MAZIARZ: Motion 10 is to accept the report of the Finance 11 Committee. All those in favor of accepting the 12 report of the Finance Committee signify by 13 saying aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response. ) 17 Senator Skelos. 18 SENATOR SKELOS: Mr. President, 19 may we take up Calendar 1530. 20 ACTING PRESIDENT MAZIARZ: 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 1530, by the Committee on Rules, Senate Print 24 5685, an act making appropriation for the 25 support of government. 6889 1 SENATOR SKELOS: Mr. President, 2 is there a message of appropriation and 3 necessity at the desk? 4 ACTING PRESIDENT MAZIARZ: There 5 is a message at the desk. 6 SENATOR SKELOS: Move to accept. 7 ACTING PRESIDENT MAZIARZ: All 8 those in favor of accepting the message signify 9 by saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response. ) 13 The message is accepted. 14 Senator Skelos. 15 SENATOR SKELOS: Please take up 16 the bill. 17 ACTING PRESIDENT MAZIARZ: 18 Secretary will read. Read the last section. 19 THE SECRETARY: Section 13. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MAZIARZ: Call 22 the roll. 23 (The Secretary called the roll. ) 24 THE SECRETARY: Ayes 52, nays 25 one, Senator Dollinger recorded in the 6890 1 negative. 2 ACTING PRESIDENT MAZIARZ: The 3 bill is passed. 4 Senator Skelos. 5 SENATOR SKELOS: If we could 6 return to reports of standing committees, I 7 believe there is a report of the Rules Committee 8 at the desk. I ask it be read. 9 ACTING PRESIDENT MAZIARZ: 10 Secretary will read. 11 THE SECRETARY: Senator Bruno, 12 from the Committee on Rules, offers up the 13 following bills directly for third reading: 14 Senate Print 5684, by the 15 Committee on Rules, an act to amend the Racing, 16 Pari-Mutuel Wagering and Breeding Law; 17 Assembly Bill 8450, Senate 18 Reprint 21,002, by the Committee on Rules, an 19 act to amend Chapter 145 of the Laws of 1997; 20 ACTING PRESIDENT MAZIARZ: 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 is there a message of necessity and 24 appropriation at the desk on Calendar Number 25 1529? 6891 1 ACTING PRESIDENT MAZIARZ: 2 Senator Skelos, at this time we'd move to accept 3 the Rules report. 4 SENATOR SKELOS: Move to accept. 5 ACTING PRESIDENT MAZIARZ: All 6 those in favor signify by saying aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was no response. ) 10 The report is accepted. 11 SENATOR SKELOS: Take up Calendar 12 Number 1529. 13 THE SECRETARY: Calendar Number 14 1529, by the Committee on Rules, Senate Print 15 5684, an act to amend the Racing, Pari-Mutuel 16 Wagering and Breeding Law. 17 SENATOR SKELOS: Is there a 18 message of necessity at the desk? 19 ACTING PRESIDENT MAZIARZ: There 20 is a message of necessity. All those in favor 21 of accepting the message signify by saying aye. 22 (Response of "Aye.") 23 Opposed nay. 24 (There was no response.) 25 The message is accepted. 6892 1 SENATOR SKELOS: Take it up. 2 ACTING PRESIDENT MAZIARZ: Read 3 the last section. 4 THE SECRETARY: Section 5. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MAZIARZ: 7 Senator Padavan. 8 SENATOR PADAVAN: Voting 9 negative. 10 ACTING PRESIDENT MAZIARZ: Call 11 the roll. 12 (The Secretary called the roll. ) 13 THE SECRETARY: Ayes 52, nays 14 one, Senator Padavan recorded in the negative. 15 ACTING PRESIDENT MAZIARZ: The 16 bill is passed. 17 Senator Skelos. 18 SENATOR SKELOS: Stand at ease, 19 Mr. President. 20 ACTING PRESIDENT MAZIARZ: The 21 Senate will stand at ease. 22 (The Senate stood at ease from 23 11:50 a.m., until 11:56 a.m.) 24 SENATOR SKELOS: Mr. President. 25 ACTING PRESIDENT WRIGHT: Senator 6893 1 Skelos. 2 SENATOR SKELOS: There will be an 3 immediate meeting of the Energy Committee in the 4 Majority Conference Room. 5 ACTING PRESIDENT WRIGHT: There 6 will be an immediate meeting of the Energy 7 Committee in the Majority Conference Room. 8 SENATOR SKELOS: Could we return 9 to motions and resolutions. I believe there is 10 a privileged resolution at the desk. 11 ACTING PRESIDENT WRIGHT: 12 Secretary will read. 13 SENATOR SKELOS: By Senator 14 Larkin. I ask that the title be read and I move 15 for its immediate adoption. 16 ACTING PRESIDENT WRIGHT: 17 Secretary will read. 18 THE SECRETARY: By Senator 19 Larkin, Legislative Resolution honoring New York 20 State Commander Bill Schiffman upon his 21 elevation to the highest post in the state 22 Veterans of Foreign Wars July 21, 1997. 23 ACTING PRESIDENT WRIGHT: All 24 those in favor signify by saying aye. 25 (Response of "Aye.") 6894 1 Opposed nay. 2 (There was no response. ) 3 ACTING PRESIDENT WRIGHT: The 4 ayes have it. The resolution is adopted. 5 SENATOR SKELOS: Stand at ease, 6 Mr. President. 7 ACTING PRESIDENT WRIGHT: Senate 8 will stand at ease. 9 (The Senate stood at ease from 10 11:58 a.m., until 12:06 p.m.) 11 SENATOR SKELOS: Mr. President. 12 ACTING PRESIDENT WRIGHT: Senator 13 Skelos. 14 SENATOR SKELOS: Mr. President, 15 if we could take up Calendar 1505, Senate 16 21002. 17 ACTING PRESIDENT WRIGHT: The 18 Secretary will read. 19 THE SECRETARY: Calendar Number 20 1505, by the Assembly Committee on Rules, 21 Assembly Print 8450, Senate Reprint Number 22 21002, an act to amend a chapter of the laws of 23 1997, entitled an act making appropriations for 24 the support of government. 25 SENATOR SKELOS: Mr. President, 6895 1 is there a message of necessity and 2 appropriation at the desk? 3 ACTING PRESIDENT WRIGHT: Yes, 4 Senator Skelos, there is. 5 SENATOR SKELOS: Move to 6 accept. 7 ACTING PRESIDENT WRIGHT: All in 8 favor of accepting the messages of necessity say 9 aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response. ) 13 The messages are accepted. Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WRIGHT: Call 18 the roll. 19 (The Secretary called the roll. ) 20 ACTING PRESIDENT WRIGHT: The bill 21 is passed. 22 THE SECRETARY: Ayes 53. 23 ACTING PRESIDENT WRIGHT: The 24 bill is passed. 25 Senator Skelos. 6896 1 SENATOR SKELOS: Mr. President, 2 is there any housekeeping at the desk? 3 ACTING PRESIDENT WRIGHT: There 4 is not, Senator Skelos. 5 SENATOR SKELOS: Mr. President, 6 there is going to be an immediate -- a 7 conference of the Majority on Tuesday, July 15 8 at 11:00 a.m., and there being no further 9 business, I move we adjourn until Tuesday, July 10 15th, at 12:00 noon, intervening days to be 11 legislative days and, before we adjourn, if you 12 could recognize Senator Gold. 13 SENATOR GOLD: Thank you. 14 ACTING PRESIDENT WRIGHT: Senator 15 Gold. 16 SENATOR GOLD: Actually if you 17 could recognize Senator Mendez, I'd appreciate 18 it. 19 ACTING PRESIDENT WRIGHT: Senator 20 Mendez. 21 SENATOR MENDEZ: Thank you. Mr. 22 President, there's going to be a Democratic 23 Conference in Room 314. 24 SENATOR GOLD: Immediately. 25 SENATOR MENDEZ: Immediately. 6897 1 ACTING PRESIDENT WRIGHT: 2 Immediate Minority Conference in Room 314. And 3 the Senate stands adjourned until Tuesday, at 4 12:00 noon. On motion, the Senate stands 5 adjourned until Tuesday, July 15th, at 12:00 6 noon. 7 SENATOR SKELOS: Intervening days 8 to be legislative days. 9 ACTING PRESIDENT WRIGHT: 10 Intervening days to be legislative days. 11 (Whereupon at 12:07 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18