Tuesday, May 26, 1998

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 26, 1998 10 3:05 p.m. 11 12 13 REGULAR SESSION 14 15 16 17 SENATOR RAYMOND A. MEIER, Acting President 18 STEVEN M. BOGGESS, Secretary 19 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. I ask everyone 4 present to please rise and repeat with me the 5 Pledge of Allegiance to the Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 Reverend Peter Young will now give 9 us the invocation. 10 REVEREND PETER G. YOUNG: Let us 11 pray. Father of poor, God of love, You made us 12 all Your people. We praise You and we thank 13 You. Fill us with a sense of justice. Help us 14 to do Your work, to take the side of the lowly, 15 to defend the newcomer, to welcome the stranger. 16 Help us now to be friend to the friendless, to 17 protect the weak and work for the rights of all. 18 God, in our journey home, bring us 19 together in peace and justice and in love. Amen. 20 ACTING PRESIDENT MEIER: The 21 reading of the Journal. 22 THE SECRETARY: In Senate, Sunday, 23 May 24th. The Senate met pursuant to 24 adjournment. The Journal of Saturday, May 23rd, 25 was read and approved. On motion, the Senate 1 adjourned. 2 ACTING PRESIDENT MEIER: Without 3 objection, the Journal stands approved as read. 4 Presentation of petitions. 5 Messages from the Assembly. 6 Messages from the Governor. 7 Reports of standing committees. 8 Reports of select committees. 9 Communications and reports from 10 state officers. 11 Motions and resolutions. 12 Senator Skelos. 13 SENATOR SKELOS: Mr. President, 14 are there any substitutions to be made? 15 ACTING PRESIDENT MEIER: Yes, 16 Senator, there are. 17 SENATOR SKELOS: Please make the 18 substitutions. 19 ACTING PRESIDENT MEIER: The 20 Secretary will read the substitutions. 21 THE SECRETARY: On page 30, 22 Senator Spano moves to discharge from the 23 Committee on Rules Assembly Print 10756 and 24 substitute it for the identical Senate Bill 7004. 25 On page 46, Senator Stafford moves 1 to discharge from the Committee on Rules Assembly 2 Bill 9759 and substitute it for the identical 3 Senate Bill 6838. 4 On page 53, Senator Gold moves to 5 discharge from the Committee on Rules Assembly 6 Bill 4129 and substitute it for the identical 7 Senate Bill 1094. 8 On page 54, Senator Meier moves to 9 discharge from the Committee on Rules Assembly 10 Bill 10083 and substitute it for the identical 11 Senate Bill 7425. 12 On page 54, Senator Maltese moves 13 to discharge from the Committee on Rules Assembly 14 Bill 9825-A and substitute it for the identical 15 Senate Bill 6396-A. 16 On page 56, Senator Skelos moves 17 to discharge from the Committee on Rules Assembly 18 Bill 10995 and substitute it for the identical 19 Senate Bill 5600-B. 20 On page 61, Senator Marchi moves 21 to discharge from the Committee on Rules Assembly 22 Bill Number 10281 and substitute it for the 23 identical Senate Bill 6826. 24 On page 63, Senator Trunzo moves 25 to discharge from the Committee on Rules Assembly 1 Bill 9211 and substitute it for the identical 2 Senate Bill 6168. 3 On page 64, Senator DeFrancisco 4 moves to discharge from the Committee on Rules 5 Assembly Bill 8349-B and substitute it for the 6 identical Senate Bill 5583-B. 7 ACTING PRESIDENT MEIER: The 8 substitutions are ordered. 9 Senator Wright. 10 SENATOR WRIGHT: Mr. President, 11 amendments are offered to the following third 12 calendar reading bills: 13 Sponsored by Senator Velella, page 14 11, Calendar Number 337, Senate Print 4422; 15 sponsored by Senator Larkin, page 18, Calendar 16 Number 580, Senate Print 3982; sponsored by 17 Senator LaValle, page 21, Calendar Number 660, 18 Senate Print 1401-A; sponsored by Senator Cook, 19 page 21, Calendar Number 666, Senate Print 6277; 20 sponsored by Senator Skelos, page 29, Calendar 21 Number 774, Senate Print 6428; sponsored by 22 Senator Volker, page number 33, Calendar 836, 23 Senate Print 5009-A; sponsored by Senator Marchi, 24 page 35, Calendar Number 864, Senate Print 6646; 25 sponsored by Senator Nozzolio, page 44, Calendar 1 Number 964, Senate Print 7075; sponsored by 2 Senator Alesi, page 50, Calendar Number 1032, 3 Senate Print 7217; sponsored by Senator Alesi, 4 page 54, Calendar Number 1064, Senate Print 7220; 5 sponsored by Senator Goodman, page 58, Calendar 6 Number 1097, Senate Print 756; sponsored by 7 Senator Skelos, page 62, Calendar Number 1136, 8 Senate Print 6862; sponsored by Senator Marchi, 9 page 62, Calendar Number 1137, Senate Print 7331; 10 sponsored by Senator Leibell, page 65, Calendar 11 Number 1174, Senate Print 7458; sponsored by 12 Senator Meier, page 41, Calendar Number 932, 13 Senate Print 6286; sponsored by Senator Cook, 14 page 14, Calendar Number 446, Senate Print 899-A. 15 Mr. President, I move that these 16 bills retain their place on the order of third 17 reading. 18 ACTING PRESIDENT MEIER: The 19 amendments are received and the bills will retain 20 their place on the Third Reading Calendar. 21 Senator Marcellino. 22 SENATOR MARCELLINO: Thank you, 23 Mr. President. 24 I move to recommit the following 25 resolutions to the Committee on Finance: 1 Resolution Number 3505, 3506 and 3507. 2 ACTING PRESIDENT MEIER: The 3 resolutions will be recommitted to the Committee 4 on Finance. 5 SENATOR MARCELLINO: Thank you, 6 Mr. President. 7 ACTING PRESIDENT MEIER: Senator 8 Skelos. 9 SENATOR SKELOS: Mr. President, I 10 believe there's a privileged resolution at the 11 desk sponsored by Senator Stafford. May we 12 please have the title read and move for its 13 immediate adoption. 14 ACTING PRESIDENT MEIER: The 15 Secretary will read. 16 THE SECRETARY: By Senator 17 Stafford, Legislative Resolution commending the 18 Delaware and Hudson upon the occasion of its 19 175th anniversary. 20 ACTING PRESIDENT MEIER: The 21 question is on the resolution. All those in 22 favor signify by saying aye. 23 (Response of "Aye".) 24 Opposed, nay. 25 (There was no response.) 1 The resolution is adopted. 2 Senator Skelos. 3 SENATOR SKELOS: Mr. President, 4 could we take up the non-controversial calendar. 5 ACTING PRESIDENT MEIER: The 6 Secretary will read the non-controversial 7 calendar -- Senator Skelos, could we return 8 momentarily to motions. 9 Senator Fuschillo. 10 SENATOR FUSCHILLO: Mr. President, 11 I move the following bills be discharged from 12 their respective committees and be recommitted 13 with instructions to strike the enacting clause: 14 Senate Bill Number 6002, sponsored by Senator 15 Volker and Senate Bill Number 4385, sponsored by 16 Senator Alesi. 17 ACTING PRESIDENT MEIER: So 18 ordered. 19 Senator Skelos, we'll go now to 20 the non-controversial calendar. 21 The Secretary will read the 22 non-controversial calendar. 23 THE SECRETARY: Calendar Number 24 116, by Senator Meier, Senate Print 2573, an act 25 to amend the Education Law and the Public Health 1 Law. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 9. This 5 act shall take effect on the 120th day. 6 ACTING PRESIDENT MEIER: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 42. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 254, by Senator Leibell, Senate Print 6153-A, an 14 act to amend the Private Housing Finance Law. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 42. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1 255, by Senator Leibell, Senate Print 6154-A, an 2 act to amend the Private Housing Finance Law. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 42. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 458, by Senator Leibell, Senate Print 1556-A, an 15 act to amend the Penal Law, the County Law and 16 the Executive Law. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 6. This 20 act shall take effect on the first day of 21 November. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 40 - 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Ayes 44, nays 1, 4 Senator Maziarz recorded in the negative. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 626, by Senator Present, Senate Print 4080-A, an 9 act to amend the Executive Law and the General 10 Municipal Law. 11 ACTING PRESIDENT MEIER: Read the 12 last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect on the first day of 15 November. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 44, nays 1, 20 Senator Leichter recorded in the negative. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 667, by Senator Holland, Senate Print 6368-A, an 25 act to amend the Social Service Law, in relation 1 to providing. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 3. This 5 act shall take effect immediately. 6 ACTING PRESIDENT MEIER: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 45. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 691, by Senator LaValle, Senate Print 4695-A, an 14 act to amend the Education Law, in relation to 15 the functions of the chief fiscal officer. 16 ACTING PRESIDENT MEIER: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 44, nays 1, 24 Senator Libous recorded in the negative. 25 ACTING PRESIDENT MEIER: The bill 1 is passed. 2 THE SECRETARY: Calendar Number 3 698, by Senator LaValle, Senate Print 6791, an 4 act to repeal Section 658 of the Education Law. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 45. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 732, by Senator Skelos, Senate Print 2640-B, an 17 act to amend the Vehicle and Traffic Law. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 7. This 21 act shall take effect on the first day of April. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 46. 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 737, by Senator Wright, Senate Print 7318 - 5 SENATOR SKELOS: Lay it aside for 6 the day. 7 ACTING PRESIDENT MEIER: Lay the 8 bill aside for the day. 9 THE SECRETARY: Calendar Number 10 747, by the Assembly Committee on Rules, Assembly 11 Print 7613, an act to amend the Real Property 12 Actions and Proceedings Law. 13 ACTING PRESIDENT MEIER: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first day of 17 November. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 46. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 748, by Senator DeFrancisco, Senate Print 5980, 1 an act to amend the Real Property Actions and 2 Proceedings Law. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 46. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 749, by member of the Assembly Weinstein, 15 Assembly Print 9992, an act to amend the New York 16 City Civil Court Act. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 8. This 20 act shall take effect on the 30th day. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes 46. 25 ACTING PRESIDENT MEIER: The bill 1 is passed. 2 THE SECRETARY: Calendar Number 3 760, by Senator Alesi, Senate Print 6133-A, an 4 act to amend the General Business Law. 5 ACTING PRESIDENT MEIER: Read the 6 last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the 120th day. 9 ACTING PRESIDENT MEIER: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 46. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 782, by Senator Hannon, Senate Print 7347, an act 17 to amend the Public Health Law and the Education 18 Law. 19 ACTING PRESIDENT MEIER: Read the 20 last section. 21 THE SECRETARY: Section 7. This 22 act shall take effect April 28th, 1999. 23 ACTING PRESIDENT MEIER: Call the 24 roll. 25 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 46. 2 ACTING PRESIDENT MEIER: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 790, by Senator Spano, Senate Print 6940, an act 6 to amend the Workers' Compensation Law. 7 ACTING PRESIDENT MEIER: Read the 8 last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT MEIER: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 46. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 792, by Senator Spano, Senate Print 6963, an act 19 to amend the Labor Law. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the first day of 24 November. 25 ACTING PRESIDENT MEIER: Call the 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 48. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 793, by Senator Spano, Senate Print 6964, an act 8 to amend the Labor Law. 9 ACTING PRESIDENT MEIER: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 48. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 795, by the Assembly Committee on Rules, Assembly 21 Print 10756, an act to amend Chapter 206 of the 22 Laws of 1974, amending the Labor Law. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 2. This 1 act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 48. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 796, by Senator Marcellino, Senate Print 7014, an 10 act to amend the Labor Law, in relation to 11 criminal penalties. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect in 30 days. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 47, nays 1, 20 Senator Cook recorded in the negative. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 798, by Senator Spano, Senate Print 7028, an act 25 to amend the Workers' Compensation Law. 1 ACTING PRESIDENT MEIER: Read the 2 last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 49. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 799, by Senator Spano, Senate Print 7029, an act 13 to amend the Workers' Compensation Law. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 5. This 17 act shall take effect in 60 days. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 49. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 800, by Senator Spano, Senate Print 7038, an act 1 to amend Chapter 831 of the Laws of 1981, 2 amending the Labor Law. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 50. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 801, by Senator Spano, Senate Print 7046, an act 15 to amend the Workers' Compensation Law, in 16 relation to dispute resolution process for 17 claims. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 50. 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 THE SECRETARY: Calendar Number 4 806, by Senator Saland, Senate Print 817, an act 5 to amend the Family Court Act. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 90th day. 10 ACTING PRESIDENT MEIER: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 50. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 824, by Senator Johnson, Senate Print 6849, an 18 act to amend the Public Authorities Law, in 19 relation to changing the date of adoption of 20 plans. 21 ACTING PRESIDENT MEIER: Read the 22 last section. 23 THE SECRETARY: Section 4. This 24 act shall take effect immediately. 25 ACTING PRESIDENT MEIER: Call the 1 roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes 50. 4 ACTING PRESIDENT MEIER: The bill 5 is passed. 6 THE SECRETARY: Calendar Number 7 842, by member of the Assembly Nolan, Assembly 8 Print 9788-A, an act to amend the Penal Law, in 9 relation to offering a false instrument. 10 ACTING PRESIDENT MEIER: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first day of 14 November. 15 ACTING PRESIDENT MEIER: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 50. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 843, by Senator Volker, Senate Print 6323, an act 23 to amend the Penal Law, in relation to the 24 offenses of bail jumping and failing to respond. 25 ACTING PRESIDENT MEIER: Read the 1 last section. 2 THE SECRETARY: Section 7. This 3 act shall take effect on the first day of 4 November. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 50. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 845, by Senator Johnson, Senate Print 6703 - 13 SENATOR SKELOS: Lay it aside. 14 ACTING PRESIDENT MEIER: Lay the 15 bill aside. 16 THE SECRETARY: Calendar Number 17 846, by Senator Goodman, Senate Print 7007-B, an 18 act to amend the Civil Practice Law and Rules, in 19 relation to personal property exempt. 20 SENATOR LEICHTER: Lay it aside. 21 ACTING PRESIDENT MEIER: Read the 22 last section -- lay the bill aside. 23 THE SECRETARY: Calendar Number 24 851, by Senator Farley, Senate Print 7017, an act 25 to amend the Social Service Law, in relation to 1 requiring. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect in 30 days. 6 ACTING PRESIDENT MEIER: Call the 7 roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes 50. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 852, by Senator Holland, Senate Print 7083, an 14 act to amend the Social Services Law. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 3. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 50. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1 853, by Senator Holland, Senate Print 7277. 2 SENATOR SKELOS: Lay it aside for 3 the day. 4 ACTING PRESIDENT MEIER: Lay the 5 bill aside for the day. Lay the bill aside. 6 THE SECRETARY: Calendar Number 7 860, by Senator Wright, Senate Print 6629-A, an 8 act to amend the Environmental Conservation Law. 9 ACTING PRESIDENT MEIER: Read the 10 last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 50. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 865, by Senator Marchi, Senate Print 6665, an act 21 to amend the Business Corporation Law. 22 ACTING PRESIDENT MEIER: Read the 23 last section. 24 THE SECRETARY: Section 12. This 25 act shall take effect in 90 days. 1 ACTING PRESIDENT MEIER: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 51. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 948, by Senator Present, Senate Print 6889, an 9 act to amend the Executive Law, in relation to 10 establishing. 11 ACTING PRESIDENT MEIER: Read the 12 last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT MEIER: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 51. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 973, by Senator Stavisky, Senate Print 2906, an 23 act to amend the Penal Law, in relation to 24 increasing. 25 ACTING PRESIDENT MEIER: Read the 1 last section. 2 THE SECRETARY: Section 7. This 3 act shall take effect on the first day of 4 November. 5 ACTING PRESIDENT MEIER: Call the 6 roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes 51. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 974, by Senator Present, Senate Print 3296, an 13 act to amend the Penal Law and the Criminal 14 Procedure Law. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 5. This 18 act shall take effect on the 30th day. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 51. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1 975, by Senator Volker, Senate Print 6199, an act 2 to amend the Civil Practice Law and Rules. 3 ACTING PRESIDENT MEIER: Read the 4 last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 52 -- excuse 11 me. Ayes 51, nays 1, Senator Leichter recorded 12 in the negative. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Also Senator 16 Seabrook. Ayes 50, nays 2. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 976, by Senator Alesi, Senate Print 6243, an act 21 to amend the Criminal Procedure Law, the Penal 22 Law and the Family Court Act. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 9. This 1 act shall take effect on the first day of 2 November. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 52. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 978, by Senator Maltese, Senate Print 6299, an 11 act to amend the Penal Law, in relation to 12 criminal tampering. 13 ACTING PRESIDENT MEIER: Read the 14 last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MEIER: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 52. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 980, by Senator Lack, Senate Print 6681, an act 25 to amend the Penal Law, in relation to 1 definitions. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect on the first day of 6 November. 7 ACTING PRESIDENT MEIER: Call the 8 roll. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes 52. 11 ACTING PRESIDENT MEIER: The bill 12 is passed. 13 THE SECRETARY: Calendar Number 14 982, by Senator Volker, Senate Print 6747, an act 15 to amend the Criminal Procedure Law. 16 ACTING PRESIDENT MEIER: Read the 17 last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT MEIER: Call the 21 roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes 52. 24 ACTING PRESIDENT MEIER: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 983, by Senator Volker, Senate Print 6748, an act 3 to amend the Criminal Procedure Law. 4 ACTING PRESIDENT MEIER: Read the 5 last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MEIER: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 54. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 985, by Senator DeFrancisco - 16 SENATOR SKELOS: Lay it aside for 17 the day. 18 ACTING PRESIDENT MEIER: Lay the 19 bill aside for the day. 20 THE SECRETARY: Calendar Number 21 988, by Senator Saland, Senate Print 6932, an act 22 to amend the Penal Law, in relation to assault. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 2. This 1 act shall take effect on the first day of 2 November. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 54. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 996, by Senator Saland, Senate Print 2726-B - 11 SENATOR SKELOS: Lay it aside for 12 the day. 13 ACTING PRESIDENT MEIER: Lay the 14 bill aside for the day. 15 THE SECRETARY: Calendar Number 16 1048, by Senator Marcellino, Senate Print 7403, 17 an act to amend the Environmental Conservation 18 Law, in relation to the sale of products. 19 ACTING PRESIDENT MEIER: Read the 20 last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect immediately. 23 ACTING PRESIDENT MEIER: Call the 24 roll. 25 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 54. 2 ACTING PRESIDENT MEIER: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1050, by Senator Alesi, Senate Print 6819-A, an 6 act to amend the Correction Law, in relation to 7 making it a Class A misdemeanor. 8 ACTING PRESIDENT MEIER: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the first day of 12 November. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 54. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1061, by Senator Alesi, Senate Print 7045, an act 21 to amend the General Business Law, in relation to 22 permitting. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 2. This 1 act shall take effect immediately. 2 ACTING PRESIDENT MEIER: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 54. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1065, by Senator Alesi, Senate Print 7396, an act 10 to amend the General Business Law. 11 ACTING PRESIDENT MEIER: Read the 12 last section. 13 THE SECRETARY: Section 9. This 14 act shall take effect January 1st, 1999. 15 ACTING PRESIDENT MEIER: Call the 16 roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes 54. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 1067, by Senator Larkin, Senate Print 6090, an 23 act to amend the Real Property Tax Law. 24 ACTING PRESIDENT MEIER: Read the 25 last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MEIER: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 54. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1068, by Senator Larkin, Senate Print 6424, an 11 act to amend the Real Property Tax Law. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT MEIER: Call the 17 roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes 54. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1071, by Senator Holland, Senate Print 4123-A, an 24 act to amend the Social Services Law. 25 ACTING PRESIDENT MEIER: Read the 1 last section. 2 THE SECRETARY: Section 2. This 3 act - 4 SENATOR HOLLAND: Star the bill. 5 ACTING PRESIDENT MEIER: Star the 6 bill at the request of the sponsor. 7 THE SECRETARY: Calendar Number 8 1073, by Senator Holland, Senate Print 6966, an 9 act to amend the Social Services Law. 10 ACTING PRESIDENT MEIER: Read the 11 last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT MEIER: Call the 15 roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes 54. 18 ACTING PRESIDENT MEIER: The bill 19 is passed. 20 THE SECRETARY: Calendar Number 21 1084, by Senator Meier, Senate Print 6468-A - 22 SENATOR SKELOS: Lay it aside for 23 the day. 24 ACTING PRESIDENT MEIER: Lay the 25 bill aside for the day. 1 THE SECRETARY: Calendar Number 2 1088, by Senator Goodman, Senate Print 6736, an 3 act to amend the Tax Law. 4 ACTING PRESIDENT MEIER: Read the 5 last section. 6 THE SECRETARY: Section 3. This 7 act shall take effect September 1st, 1998. 8 ACTING PRESIDENT MEIER: Call the 9 roll. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes 54. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 1103, by member of the Assembly Connelly, 16 Assembly Print 9194, an act to amend the Highway 17 Law, in relation to the POW/MIA Memorial Highway. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MEIER: Call the 23 roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes 54. 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 Senator Skelos, that completes the 4 reading of the non-controversial calendar. 5 SENATOR SKELOS: Mr. President, if 6 we could return to motions and resolutions, I 7 believe there's an amendment for Calendar Number 8 853. 9 ACTING PRESIDENT MEIER: We'll 10 return to the order of motions and resolutions. 11 Senator Marcellino. 12 SENATOR MARCELLINO: Mr. 13 President, I actually have three sets of motions 14 to do, including the one that Senator Skelos just 15 mentioned. 16 On behalf of Senator Holland, on 17 page number 34, I offer the following amendments 18 to Calendar Number 853, Senate Print Number 7277, 19 and ask that said bill retain its place on the 20 Third Reading Calendar. 21 ACTING PRESIDENT MEIER: The 22 amendments are received and it will retain its 23 place on the Third Reading Calendar. 24 SENATOR MARCELLINO: Thank you, 25 Mr. President. 1 On behalf of Senator DeFrancisco, 2 on page number 39, I offer the following 3 amendments to Calendar Number 909, Senate Print 4 Number 6444, and ask that said bill retain its 5 place on the Third Reading Calendar. 6 ACTING PRESIDENT MEIER: The 7 amendments are received and the bill will retain 8 its place on the Third Reading Calendar. 9 SENATOR MARCELLINO: Thank you, 10 Mr. President. 11 On behalf of Senator DeFrancisco, 12 I -- on page number 59, I offer the following 13 amendments to Calendar Number 1110, Senate Print 14 Number 6441, and ask that said bill retain its 15 place on the Third Reading Calendar. 16 ACTING PRESIDENT MEIER: The 17 amendments are received and the bill will retain 18 its place on the Third Reading Calendar. 19 SENATOR MARCELLINO: Thank you, 20 Mr. President. 21 SENATOR SKELOS: Mr. President, if 22 we could take up the controversial calendar. 23 ACTING PRESIDENT MEIER: The 24 Secretary will read the controversial calendar. 25 THE SECRETARY: Calendar Number 1 845, by Senator Johnson, Senate Print 6703, an 2 act to amend the Penal Law, in relation to 3 criminal contempt in the first degree. 4 ACTING PRESIDENT MEIER: Read the 5 last section -- can we have some order in the 6 house, please. 7 The Secretary will read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first day of 11 November. 12 ACTING PRESIDENT MEIER: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 54. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 846, by Senator Goodman, Senate Print 7007-B, an 20 act to amend the Civil Practice Law and Rules, in 21 relation to the personal property exempt from 22 application. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 4. This 1 act shall take effect on the first day of 2 September. 3 ACTING PRESIDENT MEIER: Senator 4 Leichter, why do you rise? 5 SENATOR LEICHTER: Mr. President, 6 if I may explain my vote. 7 This bill exempts - 8 ACTING PRESIDENT MEIER: Senator 9 Leichter, if I may. We have to call the roll 10 first and then I'll go directly to you to explain 11 your vote. 12 SENATOR LEICHTER: Thank you. 13 ACTING PRESIDENT MEIER: Call the 14 roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT MEIER: Senator 17 Leichter. 18 SENATOR LEICHTER: Mr. President, 19 I'm going to oppose this bill as I've opposed 20 other bills that exempt assets and property from 21 being used to satisfy a judgment. In this 22 particular instance, it's the Roth IRA or Roth 23 accounts where people every year can put $2,000 24 and build up a very nice nest egg. I don't know 25 why we should exempt that property from a 1 judgment. All we're doing is hurting people who 2 have been found to have a legitimate claim, a 3 legitimate right to collect. 4 I don't know how many of you read 5 the article in the New York Times over this last 6 weekend how taxi companies and taxi drivers in 7 New York find ways not to pay judgments and it 8 gave many examples of people who have been 9 seriously injured who are entitled to 10 compensation, who receive a judgment but they 11 can't collect it because there's so many ways 12 that you can hide your assets. 13 Now, people who, it's one thing to 14 say you're not going to take somebody's 15 homestead, you're not going to take their cooking 16 utensils. Why do we say you can't take away 17 their Roth accounts when they have been found by 18 a court to be liable by somebody for money 19 judgments? I think it's a mistake. 20 I vote in the negative, Mr. 21 President. 22 ACTING PRESIDENT MEIER: Senator 23 Leichter will be recorded in the negative. 24 THE SECRETARY: Ayes 54, nays 1, 25 Senator Leichter recorded in the negative. 1 ACTING PRESIDENT MEIER: The bill 2 is passed. 3 Senator Skelos, that completes the 4 reading of the controversial calendar. 5 SENATOR SKELOS: Mr. President, 6 there will be a meeting of the Investigations, 7 Taxation and Governmental Operations Committee 8 immediately after session in Room 332. 9 ACTING PRESIDENT MEIER: There 10 will be a meeting of Investigations, Taxation and 11 Government Operations immediately after session 12 in Room 332. 13 SENATOR SKELOS: Is there any 14 housekeeping at the desk? 15 ACTING PRESIDENT MEIER: No, there 16 is not -- oh, I'm sorry. 17 Senator Montgomery. 18 SENATOR MONTGOMERY: Mr. 19 President, I would like unanimous consent to be 20 recorded in the negative on Calendar 975. 21 ACTING PRESIDENT MEIER: Without 22 objection -- Senator Montgomery. Senator 23 Montgomery. I'm sorry. We have some difficulty 24 hearing. Can we have the calendar number of the 25 bill. 1 SENATOR MONTGOMERY: 975. 2 ACTING PRESIDENT MEIER: Without 3 objection, Senator Montgomery will be recorded in 4 the negative on Calendar Number 975. 5 SENATOR MONTGOMERY: Thank you. 6 ACTING PRESIDENT MEIER: There is 7 no housekeeping at the desk. 8 SENATOR SKELOS: There being no 9 further business, I move we adjourn until 10 Wednesday, May 27th, at 11:00 a.m. 11 ACTING PRESIDENT MEIER: On 12 motion, the Senate stands adjourned until 13 Wednesday, May 27th, at 11:00 a.m. 14 (Whereupon, at 3:34 p.m., the 15 Senate adjourned.) 16 17 18 19 20 21 22