Thursday, April 9, 1998

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 April 9, 1998 11 12:03 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR RAYMOND A. MEIER, aCTING President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25 1 P R O C E E D I N G S 2 ACTING PRESIDENT MEIER: The 3 Senate will come to order. Will you please 4 join me in the Pledge of Allegiance to the 5 Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 Reverend Peter Young, of the 9 Blessed Sacrament Church of Bolton Landing 10 will give the invocation. 11 REVEREND PETER YOUNG: Let us 12 pray. 13 Dear God, we ask Your blessing 14 on all of the Senate members and their staffs. 15 Their commitment to Your citizens of our New 16 York State will be enhanced by their call to 17 You for guidance and Your support. We ask You 18 this now and forever. Amen. 19 ACTING PRESIDENT MEIER: 20 Reading of the Journal. 21 THE SECRETARY: In Senate 22 Wednesday, April 8th. The Senate met pursuant 23 to adjournment, Senator Meier in the Chair 24 upon designation of the Temporary President. 25 The Journal of Tuesday, April 7th, was read 1 and approved. On motion, Senate adjourned. 2 ACTING PRESIDENT MEIER: 3 Without objection, the Journal stands approved 4 as read. 5 Presentation of petitions. 6 Messages from the Assembly. 7 Messages from the Governor. 8 Reports of standing 9 committees. 10 Reports of select committees. 11 Communications and reports from 12 state officers. 13 Motions and resolutions. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could take up the non-controversial 17 calendar, please. 18 ACTING PRESIDENT MEIER: The 19 Secretary will read the non-controversial 20 calendar. 21 THE SECRETARY: Calendar Number 22 262, by Senator Maltese, Senate Print 4876-A, 23 an act to amend the Municipal Home Rule Law, 24 in relation to punishment. 25 ACTING PRESIDENT MEIER: Read 1 the last section. 2 THE SECRETARY: Section 2. 3 This act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call 5 the roll. 6 (The Secretary called the 7 roll. ) 8 THE SECRETARY: Ayes 39. 9 ACTING PRESIDENT MEIER: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 456, by Senator Velella, Senate Print 1187, an 13 act to amend the Penal Law, in relation to the 14 crime of unauthorized use of a motor vehicle. 15 ACTING PRESIDENT MEIER: Read 16 the last section. 17 THE SECRETARY: Section 2. 18 This act shall take effect on the first day of 19 November. 20 ACTING PRESIDENT MEIER: Call 21 the roll. 22 (The Secretary called the 23 roll. ) 24 THE SECRETARY: Ayes 39. 25 ACTING PRESIDENT MEIER: The 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 464, by Senator Maltese, Senate Print 3564-A, 4 an act to amend the Penal Law, in relation to 5 placing a false bomb. 6 ACTING PRESIDENT MEIER: Read 7 the last section. 8 THE SECRETARY: Section 3. 9 This act shall take effect on the first day of 10 November. 11 ACTING PRESIDENT MEIER: Call 12 the roll. 13 (The Secretary called the 14 roll.) 15 THE SECRETARY: Ayes 39. 16 ACTING PRESIDENT MEIER: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 469, by Senator Volker, Senate Print 5353, an 20 act to amend the Criminal Procedure Law, in 21 relation to transfer of supervision. 22 ACTING PRESIDENT MEIER: Read 23 the last section. 24 THE SECRETARY: Section 3. 25 This act shall take effect on the first day of 1 November. 2 ACTING PRESIDENT MEIER: Call 3 the roll. 4 (The Secretary called the 5 roll. ) 6 THE SECRETARY: Ayes 39. 7 ACTING PRESIDENT MEIER: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 478, by member of the Assembly Hill, Assembly 11 Print 20-A, an act in relation to permitting 12 the Judea United Baptist Church, Incorporated 13 to file an application. 14 ACTING PRESIDENT MEIER: Read 15 the last section. 16 THE SECRETARY: Section 2. 17 This act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call 19 the roll. 20 (The Secretary called the 21 roll. ) 22 THE SECRETARY: Ayes 38, nays 23 one, Senator Cook recorded in the negative. 24 ACTING PRESIDENT MEIER: The 25 bill is passed. 1 THE SECRETARY: Calendar Number 2 481, by Senator Johnson, Senate Print 6304, an 3 act to authorize the Freedom Chapel Assembly 4 of God to file an application. 5 ACTING PRESIDENT MEIER: Read 6 the last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call 10 the roll. 11 (The Secretary called the 12 roll. ) 13 THE SECRETARY: Ayes 38, nays 14 one, Senator Cook recorded in the negative. 15 ACTING PRESIDENT MEIER: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 493, by Senator Larkin, Senate Print 473, an 19 act to amend the Agriculture and Markets Law, 20 in relation to the forfeiture of animals. 21 ACTING PRESIDENT MEIER: Read 22 the last section. 23 THE SECRETARY: Section 2. 24 This act shall take effect immediately. 25 ACTING PRESIDENT MEIER: Call 1 the roll. 2 (The Secretary called the 3 roll. ) 4 THE SECRETARY: Ayes 39. 5 ACTING PRESIDENT MEIER: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 498, by Senator Kuhl, Senate Print 6160, an 9 act to amend Chapter 182 of the Laws of 1993, 10 amending the Agriculture and Markets Law. 11 ACTING PRESIDENT MEIER: Read 12 the last section. 13 THE SECRETARY: Section 2. 14 This act shall take effect immediately. 15 ACTING PRESIDENT MEIER: Call 16 the roll. 17 (The Secretary called the 18 roll. ) 19 THE SECRETARY: Ayes 39. 20 ACTING PRESIDENT MEIER: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 565, by Senator Leibell, Senate Print 6120, an 24 act to amend the Highway Law, in relation to 25 designating a portion of the state highway 1 system. 2 ACTING PRESIDENT MEIER: Read 3 the last section. 4 THE SECRETARY: Section 3. 5 This act shall take effect immediately. 6 ACTING PRESIDENT MEIER: Call 7 the roll. 8 (The Secretary called the 9 roll. ) 10 THE SECRETARY: Ayes 41. 11 ACTING PRESIDENT MEIER: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 573, by Senator DeFrancisco, Senate Print 15 6557, an act to amend the Parks, Recreation 16 and Historic Preservation Law and the Vehicle 17 and Traffic Law. 18 ACTING PRESIDENT MEIER: Read 19 the last section. 20 THE SECRETARY: Section 4. 21 This act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call 23 the roll. 24 (The Secretary called the 25 roll. ) 1 THE SECRETARY: Ayes 41. 2 ACTING PRESIDENT MEIER: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 577, by Senator Goodman, Senate Print 3651, an 6 act to amend the Alcoholic Beverage Control 7 Law, in relation to permitting the State 8 Liquor Authority to apply as payment. 9 ACTING PRESIDENT MEIER: Read 10 the last section. 11 THE SECRETARY: Section 2. 12 This act shall take effect on the 60th day. 13 ACTING PRESIDENT MEIER: Call 14 the roll. 15 (The Secretary called the 16 roll. ) 17 THE SECRETARY: Ayes 42. 18 ACTING PRESIDENT MEIER: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 578, by Senator Goodman, Senate Print 3673, an 22 act to amend the Alcoholic Beverage Control 23 Law, in relation to consolidating the number 24 of permits. 25 ACTING PRESIDENT MEIER: Read 1 the last section. 2 THE SECRETARY: Section 3. 3 This act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call 5 the roll. 6 (The Secretary called the 7 roll. ) 8 THE SECRETARY: Ayes 43. 9 ACTING PRESIDENT MEIER: The 10 bill is passed. 11 Senator Skelos, that completes 12 the reading of the calendar. 13 SENATOR SKELOS: Mr. President, 14 there is going to be a meeting of the Finance 15 Committee at 12:15 in the Majority Conference 16 Room, and we'll stand at ease. 17 ACTING PRESIDENT MEIER: 18 Meeting of the Finance Committee at 12:15 in 19 the Majority Conference Room, and the Senate 20 will stand at ease. 21 (Whereupon at 12:10 p.m., the 22 Senate stood at ease until 12:30 p.m.) 23 ACTING PRESIDENT MEIER: 24 Senator Skelos. 25 SENATOR SKELOS: Mr. President, 1 if we could return to reports of standing 2 committees, I believe there's a report of the 3 Finance Committee at the desk. I ask it be 4 read. 5 ACTING PRESIDENT MEIER: 6 Reports of standing committees. The Secretary 7 will read. 8 THE SECRETARY: Senator 9 Stafford, from the Committee on Finance, 10 reports the following bills direct to third 11 reading: 12 Restored, Senate Print 6104-C, 13 Budget Bill, an act making appropriations for 14 the support of government (Public Protection, 15 Health and Mental Hygiene Budgets); and 16 6451, by Senator Stafford, an 17 act to amend Chapter 989 of the Laws of 1958. 18 ACTING PRESIDENT MEIER: Both 19 bills restored to third reading. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 if we could call up Calendar Number 437. 23 ACTING PRESIDENT MEIER: 24 Secretary will read. 25 THE SECRETARY: Calendar Number 1 437, Budget Bill, Senate Print 6104-C, an act 2 making appropriations for the support of 3 government. 4 SENATOR SKELOS: Is there a 5 message at the desk? 6 ACTING PRESIDENT MEIER: There 7 is a message at the desk. 8 SENATOR SKELOS: Move we 9 accept. 10 ACTING PRESIDENT MEIER: 11 Question is on the motion to accept the 12 message of necessity. All those in favor 13 signify by saying aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response. ) 17 The message is accepted. 18 SENATOR SKELOS: Last section. 19 ACTING PRESIDENT MEIER: Read 20 the last section. 21 THE SECRETARY: Section 2. 22 This act shall take effect immediately. 23 ACTING PRESIDENT MEIER: Call 24 the roll. 25 (The Secretary called the 1 roll. ) 2 ACTING PRESIDENT MEIER: The 3 bill is passed. 4 SENATOR SKELOS: Mr. President, 5 could we call up Calendar Number 438. 6 ACTING PRESIDENT MEIER: 7 Secretary will read Calendar Number 438. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 I inadvertently called up Calendar Number 11 438. It should be Calendar Number 610. 12 ACTING PRESIDENT MEIER: 13 Secretary will read Calendar Number 610. 14 THE SECRETARY: Senator 15 Stafford, from the -- moves to discharge from 16 the Committee on Finance Assembly Bill Number 17 9346 and substitute it for the identical Third 18 Reading Calendar 610. 19 ACTING PRESIDENT MEIER: 20 Substitution ordered. 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 610, by member of the Assembly Straniere, 24 Assembly Print 9346, an act to amend Chapter 25 989 of the Laws of 1958, relating to the 1 Temporary State Commission of Investigation. 2 ACTING PRESIDENT MEIER: Read 3 the last section. 4 THE SECRETARY: Section 2. 5 This act shall take effect immediately. 6 ACTING PRESIDENT MEIER: Call 7 the roll. 8 (The Secretary called the 9 roll. ) 10 THE SECRETARY: Ayes 50. 11 ACTING PRESIDENT MEIER: The 12 bill is passed. 13 Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 we'll stand at ease, please. 16 ACTING PRESIDENT MEIER: Senate 17 will stand at ease. 18 (Whereupon at 12:33 p.m., the 19 Senate stood at ease until 12:58 p.m.) 20 ACTING PRESIDENT MEIER: 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 there will be an immediate meeting of the 24 Finance Committee in the Majority Conference 25 Room. 1 ACTING PRESIDENT MEIER: 2 Immediate meeting of the Finance Committee in 3 the Senate Majority Conference Room. Senate 4 will stand at ease. 5 (Whereupon at 12:59 p.m., the 6 Senate stood at ease until 1:07 p.m.) 7 SENATOR SKELOS: Mr. 8 President. 9 ACTING PRESIDENT MEIER: 10 Senator Skelos. 11 SENATOR SKELOS: Mr. President, 12 if we could return to reports of standing 13 committees, I believe there's a report of the 14 Finance Committee at the desk. I ask that it 15 be read. 16 ACTING PRESIDENT MEIER: 17 Reports of standing committees. Secretary 18 will read. 19 THE SECRETARY: Senator 20 Stafford, from the Committee on Finance, 21 reports the following bill: 22 Senate Print 6919, by the 23 Committee on Rules, an act making 24 appropriations for the support of government. 25 ACTING PRESIDENT MEIER: Read 1 the last section. 2 SENATOR SKELOS: Without 3 objection, if we could report it to third 4 reading. 5 ACTING PRESIDENT MEIER: Direct 6 to third reading. 7 SENATOR SKELOS: If we could 8 call up Calendar Number 611. 9 ACTING PRESIDENT MEIER: 10 Secretary will read. 11 THE SECRETARY: Calendar Number 12 611, by the Senate Committee on Rules, Senate 13 Print 6919, an act making appropriations for 14 the support of government. 15 SENATOR SKELOS: Is there a 16 message at the desk? 17 ACTING PRESIDENT MEIER: There 18 is a message at the desk. 19 SENATOR SKELOS: Move to 20 accept. 21 ACTING PRESIDENT MEIER: 22 Question is on the motion to accept the 23 message of necessity. All those in favor 24 signify by saying aye. 25 (Response of "Aye.") 1 Opposed nay. 2 (There was no response. ) 3 The message is accepted. Read 4 the last section. 5 THE SECRETARY: Section 5. 6 This act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call 8 the roll. 9 (The Secretary called the 10 roll. ) 11 THE SECRETARY: Ayes 56. 12 ACTING PRESIDENT MEIER: The 13 bill is passed. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President, 16 there will be a conference of the Majority in 17 the Majority Conference Room at 1:15. 18 ACTING PRESIDENT MEIER: 19 Conference of the Majority in the Majority 20 Conference Room at 1:15. Senate will stand at 21 ease. 22 (Whereupon at 1:10 p.m., the 23 Senate stood at ease until 2:21 p.m.) 24 ACTING PRESIDENT MEIER: 25 Senator Skelos. 1 SENATOR SKELOS: Mr. President, 2 there being no further business -- well, first 3 of all, is there any housekeeping at the 4 desk? 5 ACTING PRESIDENT MEIER: There 6 is no further housekeeping at the desk. 7 SENATOR SKELOS: There being no 8 further business, I move we adjourn until 9 Tuesday, April 14th, at 2:00 p.m., intervening 10 days to be legislative days. 11 ACTING PRESIDENT MEIER: On 12 motion, the Senate stands adjourned until 13 Tuesday, April 14th, at 2:00 p.m., intervening 14 days will be legislative days. 15 (Whereupon at 2:22 p.m., the 16 Senate adjourned. ) 17 18 19 20 21 22 23 24 25