Wednesday, May 27, 1998

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 May 27, 1998 10 11:05 a.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 to 4 please rise and repeat with me the Pledge of 5 Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT MEIER: Thank 9 you for the help in the gallery. They did get 10 it right and I couldn't keep up with them. 11 In the absence of clergy, I ask 12 that everyone bow their heads in a moment of 13 silence. 14 (A moment of silence was 15 observed.) 16 The reading of the Journal. 17 THE SECRETARY: In Senate, 18 Tuesday, May 26th. The Senate met pursuant to 19 adjournment, Senator Meier in the Chair upon 20 designation of the Temporary President. The 21 Journal of Sunday, May 24, was read and 22 approved. On motion, the Senate adjourned. 23 SENATOR SKELOS: Mr. President. 24 ACTING PRESIDENT MEIER: Without 25 objection - 1 SENATOR SKELOS: Go ahead. 2 ACTING PRESIDENT MEIER: Without 3 objection, the Journal stands approved as read. 4 Senator Skelos. 5 SENATOR SKELOS: If I could 6 interrupt. There's going to be an immediate 7 meeting of the Rules Committee in the Majority 8 Conference Room. 9 ACTING PRESIDENT MEIER: 10 Immediate meeting of the Rules Committee in the 11 Senate Majority Conference Room. 12 Presentation of petitions. 13 Messages from the Assembly. 14 Messages from the Governor. 15 Reports of standing committees. 16 Reports of select committees. 17 Communications and reports from 18 state officers. 19 Motions and resolutions. 20 Senator Marcellino. 21 SENATOR MARCELLINO: Mr. 22 President, on behalf of Senator LaValle, on page 23 number 21, I offer the following amendments to 24 Calendar Number 696, Senate Print Number 6672, 25 and ask that said bill retain its place on third 1 reading. 2 ACTING PRESIDENT MEIER: The 3 amendments are received and the bill will retain 4 its place on the Third Reading Calendar. 5 SENATOR MARCELLINO: Thank you, 6 Mr. President. 7 On behalf of Senator Padavan, on 8 page 24, I offer the following amendments to 9 Calendar Number 744, Senate Print Number 6727, 10 that is 6727, and ask that said bill retain its 11 place on the Third Reading Calendar. 12 ACTING PRESIDENT MEIER: The 13 amendments are received and bill will retain its 14 place on the Third Reading Calendar. 15 SENATOR MARCELLINO: Thank you, 16 Mr. President. 17 On behalf of Senator Alesi, on 18 page number 4, I offer the following amendments 19 to Calendar Number 40, Senate Print Number 20 5942-B, and ask that said bill retain its place 21 on the Third Reading Calendar. 22 ACTING PRESIDENT MEIER: The 23 amendments are received and the bill will retain 24 its place on the Third Reading Calendar. 25 Senator Fuschillo. 1 SENATOR FUSCHILLO: Mr. 2 President, on behalf of Senator Marchi, I wish 3 to call up Senate Print Number 6007, recalled 4 from the Assembly, which is now at the desk. 5 ACTING PRESIDENT MEIER: The 6 Secretary will read. 7 THE SECRETARY: Calendar Number 8 243, by Senator Marchi, Senate Print 6007, an 9 act to amend the Real Property Tax Law. 10 SENATOR FUSCHILLO: Mr. 11 President, I now move to reconsider the vote by 12 which the bill was passed. 13 ACTING PRESIDENT MEIER: Call the 14 roll on reconsideration. 15 (The Secretary called the roll on 16 reconsideration.) 17 THE SECRETARY: Ayes 37. 18 SENATOR FUSCHILLO: I now offer 19 the following amendments. 20 ACTING PRESIDENT MEIER: The 21 amendments are received. 22 The Secretary will read the 23 substitutions. 24 THE SECRETARY: On page 40, 25 Senator Nozzolio moves to discharge from the 1 Committee on Rules Assembly Bill Number 10727-A 2 and substitute it for the identical Third 3 Reading Calendar 964. 4 ACTING PRESIDENT MEIER: The 5 substitution is ordered. 6 Senator Holland. 7 SENATOR HOLLAND: Can we now 8 adopt the Resolution Calendar, please, Mr. 9 President. 10 ACTING PRESIDENT MEIER: The 11 Sec... Senator Holland, that's not yet at the 12 desk. 13 SENATOR HOLLAND: We'll come back 14 to that. Can we go ahead with the non 15 controversial calendar then, please. 16 ACTING PRESIDENT MEIER: The 17 Secretary will read the non-controversial 18 calendar. 19 THE SECRETARY: Calendar Number 20 690, by Senator LaValle, Senate Print 4431-A, an 21 act to amend the Education Law, in relation to 22 sharing. 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 37. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 809, by Senator Saland, Senate Print 1786, an 10 act to amend the Family Court Act, in relation 11 to procedures. 12 ACTING PRESIDENT MEIER: Read the 13 last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the 90th day. 16 SENATOR GOLD: Lay the bill 17 aside. 18 ACTING PRESIDENT MEIER: Lay the 19 bill aside. 20 THE SECRETARY: Calendar Number 21 811, by Senator Saland, Senate Print 5228, an 22 act to amend the Social Services Law, in 23 relation to allowing. 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 37. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 823, by Senator Johnson, Senate Print 6847, an 11 act to amend Chapter 56 of the Laws of 1993. 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 37. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 866, by Senator Present, Senate Print 6669, an 24 act to amend the Public Authorities Law and the 25 Economic Development Law, in relation to 1 authorizing. 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 37. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 883, by Senator Bruno, Senate Print 5722-A, an 14 act authorizing the reopening of the 20-year 15 retirement plan. 16 ACTING PRESIDENT MEIER: There's 17 a home rule message at the desk. Read the last 18 section. 19 THE SECRETARY: Section 3. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes 37. 25 ACTING PRESIDENT MEIER: The bill 1 is passed. 2 THE SECRETARY: Calendar Number 3 887, by Senator Meier, Senate Print 6927-A, an 4 act to amend the Military Law, in relation to 5 credit. 6 ACTING PRESIDENT MEIER: Read the 7 last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT MEIER: Call the 11 roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes 37. 14 ACTING PRESIDENT MEIER: The bill 15 is passed. 16 THE SECRETARY: Calendar Number 17 928, by Senator Hannon, Senate Print 7357-A, an 18 act to amend Chapter 483 of the Laws of 1978. 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 37. 2 ACTING PRESIDENT MEIER: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 930, by Senator Stafford, Senate Print 5488-A, 6 an act to amend the State Finance Law, in 7 relation to authorizing. 8 ACTING PRESIDENT MEIER: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MEIER: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 37. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 933, by Senator Trunzo, Senate Print 6314-A, an 20 act to amend the Public Officers Law, in 21 relation to activities. 22 ACTING PRESIDENT MEIER: Read the 23 last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately. 1 ACTING PRESIDENT MEIER: Call the 2 roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes 37. 5 ACTING PRESIDENT MEIER: The bill 6 is passed. 7 THE SECRETARY: Calendar Number 8 967, by Senator DeFrancisco, Senate Print 485, 9 an act to amend the Penal Law, in relation to 10 the payment. 11 ACTING PRESIDENT MEIER: Read the 12 last section. 13 THE SECRETARY: Section 2. 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 37. 19 ACTING PRESIDENT MEIER: The bill 20 is passed. 21 THE SECRETARY: Calendar Number 22 968, by Senator DeFrancisco, Senate Print 488, 23 an act to amend the Criminal Procedure Law, in 24 relation to the collection. 25 ACTING PRESIDENT MEIER: Read the 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 37. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 THE SECRETARY: Calendar Number 11 972, by Senator Libous, Senate Print 1924, an 12 act to amend the Penal Law, in relation to 13 authorizing. 14 ACTING PRESIDENT MEIER: Read the 15 last section. 16 THE SECRETARY: Section 6. This 17 act shall take effect on the first day of 18 November. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 37. 23 ACTING PRESIDENT MEIER: The bill 24 is passed. 25 THE SECRETARY: Calendar Number 1 984, by member of the Assembly Tocci, Assembly 2 Print 9759, an act to amend Chapter 266 of the 3 Laws of 1981. 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 37. 12 ACTING PRESIDENT MEIER: The bill 13 is passed. 14 THE SECRETARY: Calendar Number 15 987, by Senator Volker, Senate Print 6886, an 16 act to amend the Penal Law, in relation to 17 gambling. 18 ACTING PRESIDENT MEIER: Read the 19 last section. 20 THE SECRETARY: Section 8. This 21 act shall take effect on the first day of 22 November. 23 ACTING PRESIDENT MEIER: Call the 24 roll. 25 (The Secretary called the roll.) 1 THE SECRETARY: Ayes 37. 2 ACTING PRESIDENT MEIER: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 990, by Senator Volker, Senate Print 7054, an 6 act to amend the Civil Practice Law and Rules, 7 in relation to in rem foreclosures. 8 ACTING PRESIDENT MEIER: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT MEIER: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 37. 16 ACTING PRESIDENT MEIER: The bill 17 is passed. 18 THE SECRETARY: Calendar Number 19 992, by Senator Skelos, Senate Print 307, an act 20 to amend the Family Court Act and the Criminal 21 Procedure Law, in relation to the age of child 22 witnesses. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 3. 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 39. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 993, by Senator Saland, Senate Print 493, an act 11 to amend the Social Services Law, in relation to 12 concurrent kinship. 13 ACTING PRESIDENT MEIER: Read the 14 last section. 15 THE SECRETARY: Section 4. 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 39. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1011, by Senator Trunzo, Senate Print 5473-A, an 25 act to authorize the town of - 1 SENATOR HOLLAND: Lay the bill 2 aside for the day. 3 ACTING PRESIDENT MEIER: Lay the 4 bill aside for the day. 5 THE SECRETARY: Calendar Number 6 1023, by Senator Balboni, Senate Print 6707, an 7 act authorizing the assessor of the county of 8 Nassau to accept an application. 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 39. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1024, by Senator Balboni, Senate Print 6708, an 21 act authorizing the assessor of the county of 22 Nassau. 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 38, nays 1, 6 Senator Cook recorded in the negative. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1026, by Senator Nozzolio, Senate Print 6761, an 11 act to legalize, validate and confirm the acts 12 and proceedings. 13 ACTING PRESIDENT MEIER: There's 14 a home rule message at the desk. Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MEIER: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 39. 22 ACTING PRESIDENT MEIER: The bill 23 is passed. 24 THE SECRETARY: Calendar Number 25 1074, by Senator Hannon, Senate Print 7336, an 1 act to amend Chapter 535 of the Laws of 1983. 2 ACTING PRESIDENT MEIER: Read the 3 last section. 4 THE SECRETARY: Section 2. 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 40. 10 ACTING PRESIDENT MEIER: The bill 11 is passed. 12 THE SECRETARY: Calendar Number 13 1080, by Senator Goodman, Senate Print 5204, an 14 act to amend the Executive Law, in relation to 15 providing. 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 40. 24 ACTING PRESIDENT MEIER: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 1083, by the Assembly Committee on Rules, 3 Assembly Print 10995, an act to amend Chapter 4 704 of the Laws of 1991. 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 40. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1095, by Senator Goodman, Senate Print 411, an 17 act to amend the Vehicle and Traffic Law, in 18 relation to restricting. 19 ACTING PRESIDENT MEIER: Read the 20 last section. 21 THE SECRETARY: Section 5. 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 40. 2 ACTING PRESIDENT MEIER: The bill 3 is passed. 4 THE SECRETARY: Calendar Number 5 1096, by Senator Goodman, Senate Print 755, an 6 act to amend the Transportation Law, in relation 7 to disclosure. 8 ACTING PRESIDENT MEIER: Read the 9 last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the 120th day. 12 ACTING PRESIDENT MEIER: Call the 13 roll. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes 39, nays 1, 16 Senator Kuhl recorded in the negative. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1101, by Senator Johnson, Senate Print 4256-A, 21 an act to amend the Transportation Law, in 22 relation to projects. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 3. 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 40. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1102 by Senator Saland, Senate Print 5261, an 10 act to amend the Vehicle and Traffic Law, in 11 relation to the maximum speed limit. 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 40. 20 ACTING PRESIDENT MEIER: The bill 21 is passed. 22 THE SECRETARY: Calendar Number 23 1104, by Senator Johnson, Senate Print 6848, an 24 act to amend Chapter 268 of the Laws of 1989, 25 amending the Vehicle and Traffic 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 41. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1105, by Senator Libous, Senate Print 7086, an 13 act to amend the Vehicle and Traffic Law, in 14 relation to the maximum speed limits. 15 ACTING PRESIDENT MEIER: Read the 16 last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect January 1. 19 ACTING PRESIDENT MEIER: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 40, nays 1, 23 Senator Leichter recorded in the negative. 24 ACTING PRESIDENT MEIER: The bill 25 is passed. 1 THE SECRETARY: Calendar Number 2 1107, by Senator Johnson, Senate Print 7435, an 3 act to amend the Public Authorities Law, in 4 relation to eliminating. 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 41. 13 ACTING PRESIDENT MEIER: The bill 14 is passed. 15 THE SECRETARY: Calendar Number 16 1120, by member of the Assembly Parment, 17 Assembly Print 10280, an act to amend the 18 Agriculture and Markets Law, in relation to 19 approval. 20 ACTING PRESIDENT MEIER: Read the 21 last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MEIER: Call the 25 roll. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 41. 3 ACTING PRESIDENT MEIER: The bill 4 is passed. 5 THE SECRETARY: Calendar Number 6 1123, by Senator Kuhl, Senate Print 549, an act 7 to amend the New York State Urban Development 8 Corporation Act. 9 ACTING PRESIDENT MEIER: Read the 10 last section. 11 THE SECRETARY: Section 5. 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 41. 17 ACTING PRESIDENT MEIER: The bill 18 is passed. 19 THE SECRETARY: Calendar Number 20 1127, by Senator Holland, Senate Print 5943-A, 21 an act to amend the Public Authorities Law, in 22 relation to continuation. 23 ACTING PRESIDENT MEIER: There's 24 a home rule message at the desk. Read the last 25 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 42. 7 ACTING PRESIDENT MEIER: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 1128, by Senator Leibell, Senate Print 6430, an 11 act to amend the Public Authorities Law, in 12 relation to the powers. 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 42. 21 ACTING PRESIDENT MEIER: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 24 1129, by Senator Goodman, Senate Print 6589, an 25 act to repeal Chapter 140 of the Laws of 1943. 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 42. 9 ACTING PRESIDENT MEIER: The bill 10 is passed. 11 THE SECRETARY: Calendar Number 12 1130, by Senator Leibell, Senate Print - 13 SENATOR HOLLAND: Lay the bill 14 aside for the day. 15 ACTING PRESIDENT MEIER: Lay the 16 bill aside for the day. 17 THE SECRETARY: Calendar Number 18 1131, by Senator Leibell - 19 SENATOR HOLLAND: Lay it aside 20 for the day. 21 ACTING PRESIDENT MEIER: Lay the 22 bill aside for the day. 23 THE SECRETARY: Calendar Number 24 1134, by member of the Assembly Parment, 25 Assembly Print 10281, an act to amend the 1 Cooperative Corporations Law, in relation to 2 authorizing. 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 1153, by Senator Lack, Senate Print 7040-A, an 15 act to amend the Real Property Law, in relation 16 to forms. 17 ACTING PRESIDENT MEIER: Read the 18 last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT MEIER: Call the 22 roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes 43. 25 ACTING PRESIDENT MEIER: The bill 1 is passed. 2 THE SECRETARY: Calendar Number 3 1161, by the Assembly Committee on Rules, 4 Assembly Print 8349-B, an act authorizing the 5 state University of New York to lease and 6 contract. 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 43. 15 ACTING PRESIDENT MEIER: The bill 16 is passed. 17 SENATOR HOLLAND: Controversial 18 calendar, Mr. President, please. 19 ACTING PRESIDENT MEIER: The 20 Secretary will read the controversial calendar. 21 THE SECRETARY: Calendar Number 22 809, by Senator Saland, Senate Print 1786, an 23 act to amend the Family Court Act. 24 SENATOR GOLD: Last section. 25 ACTING PRESIDENT MEIER: Read the 1 last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect on the 90th day. 4 ACTING PRESIDENT MEIER: Call the 5 roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes 43. 8 ACTING PRESIDENT MEIER: The bill 9 is passed. 10 SENATOR LEICHTER: Mr. President. 11 ACTING PRESIDENT MEIER: Senator 12 Leichter. 13 SENATOR LEICHTER: May I have 14 unanimous consent to be recorded in the negative 15 on Calendar 1102. 16 ACTING PRESIDENT MEIER: Without 17 objection, Senator Leichter will be recorded in 18 the negative on Calendar 1102. 19 Senator Holland. 20 SENATOR HOLLAND: Can we return 21 to motions and resolutions, please, Mr. 22 President. 23 ACTING PRESIDENT MEIER: Yes. 24 SENATOR HOLLAND: And may we 25 adopt the Resolution Calendar. They still don't 1 want to do that. 2 ACTING PRESIDENT MEIER: All in 3 favor of adopting the Resolution Calendar 4 signify by saying aye. 5 (Response of "Aye".) 6 Opposed, nay. 7 (There was no response.) 8 The resolutions are adopted. 9 Senator Holland. 10 SENATOR HOLLAND: May we please 11 return to reports of standing committees. I 12 believe there's a report of the Rules Committee 13 at the desk. 14 ACTING PRESIDENT MEIER: The 15 Secretary will read. 16 THE SECRETARY: Senator Bruno, 17 from the Committee on Rules, reports the 18 following bills direct to third reading: 19 Senate Print 6694, by the Senate 20 Committee on Rules, an act to amend the State 21 Law; and 22 Senate Print 7494, by Senator 23 Fuschillo, an act to amend the Highway Law. 24 ACTING PRESIDENT MEIER: Senator 25 Holland. 1 SENATOR HOLLAND: I move we 2 accept the report of the Rules Committee. 3 ACTING PRESIDENT MEIER: All 4 those in favor of accepting the report of the 5 Rules Committee signify by saying aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (There was no response.) 9 The report of the Rules Committee 10 is accepted. 11 Senator Holland. 12 SENATOR HOLLAND: Mr. President, 13 may we please take up Calendar 1176, Senate 14 6694, which was just reported from the Rules 15 Committee, please. 16 ACTING PRESIDENT MEIER: The 17 Secretary will read. 18 THE SECRETARY: Senator Bruno 19 moves to discharge from the Committee on Rules 20 Assembly Bill Number 10051 and substitute it for 21 the identical Senate Bill 6694. 22 ACTING PRESIDENT MEIER: The 23 substitution is ordered. 24 SENATOR GOLD: Explanation. 25 ACTING PRESIDENT MEIER: The 1 Secretary will read the substitution. 2 THE SECRETARY: Calendar Number 3 1176, by the Assembly Committee on Rules, 4 Assembly Print 10051, an act to amend the State 5 Law. 6 SENATOR GOLD: Explanation, 7 please. 8 SENATOR SKELOS: Mr. President. 9 ACTING PRESIDENT MEIER: Senator 10 Skelos. 11 SENATOR SKELOS: This legislation 12 has been requested by the city of New York and 13 what it does is certain technical corrections in 14 some of the Congressional Districts, mistakes in 15 metes and bounds, mistakes in the naming of 16 certain streets in one of the original 17 reapportionment bills that were done, 18 congressional reapportionments several years 19 ago. These are really just technical 20 corrections requested by the city Board of 21 Elections. 22 SENATOR GOLD: Will the gentleman 23 yield for a question, please? 24 ACTING PRESIDENT MEIER: Will the 25 Senator yield? 1 SENATOR SKELOS: Yep. 2 ACTING PRESIDENT MEIER: The 3 Senator yields for a question. 4 SENATOR GOLD: Senator, you've 5 never done it to me, but in my number of years 6 up here I've seen enough bills that said they 7 were technical and were a little bit more than 8 technical. 9 This is a bill which affects some 10 Congressional Districts. I believe I see within 11 Boulevard Park Lane South -- that's an area 12 which is in Queens County not far from me -- I 13 really would like the opportunity to take a look 14 at a map or something. I'm not saying anybody 15 is doing anything wrong here, but is there -- is 16 there a reason -- and I certainly am willing to 17 listen -- why this must pass today rather than, 18 let's say Monday? 19 SENATOR SKELOS: I believe we're 20 entering the petition signing period and we are 21 trying to accommodate the New York City Board of 22 Elections. I mean, basically that's what we're 23 trying to do right now. 24 SENATOR GOLD: Will the Senator 25 yield to one more question? 1 ACTING PRESIDENT MEIER: The 2 Senator continues to yield. 3 SENATOR GOLD: Has this passed 4 the Assembly yet? 5 SENATOR SKELOS: It has -- I 6 think we substituted the bill. 7 SENATOR GOLD: It is the Assembly 8 bill? 9 SENATOR SKELOS: Yep. 10 SENATOR GOLD: Just one last 11 question. Senator, if you don't know, I'll rest 12 on it anyway. Do you have any idea what the 13 amount of population change is affected by these 14 changes? 15 SENATOR SKELOS: Well, number 16 one, if you change -- if you correct the name of 17 a street sign, it doesn't change population. 18 SENATOR GOLD: That's true. 19 SENATOR SKELOS: Any metes and 20 bounds, most of it is descriptions that may have 21 been inappropriately designated when we did the 22 congressional redistricting a number of years 23 ago. 24 As you also know, within the 25 federal law that you still have to maintain the 1 one person, one vote requirements for a plan to 2 be constitutional. Unlike a state legislative 3 district, Senate/Assembly, there can be some 4 deviation within districts. In congressional, 5 you have to have it within one vote. 6 SENATOR GOLD: Yeah. If the 7 Senator will yield. Senator, I wasn't 8 suggesting that the numbers were going to 9 change, but you can keep the same number and be 10 switching 20,000 people from one district to 11 another. I just -- basically that was what I 12 was asking. Is there any -- if it's a technical 13 change in a street name, I certainly don't 14 care. All I'm concerned about is as a result of 15 this, are we switching any population from one 16 Congressional District to another? 17 SENATOR SKELOS: If there were 18 any massive changes in population, we would have 19 to have it precleared by the Justice Department 20 because of the Voting Rights Act. 21 SENATOR GOLD: Thank you for your 22 courtesy. 23 ACTING PRESIDENT MEIER: Read the 24 last section. 25 THE SECRETARY: Section 3. 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 43. 6 ACTING PRESIDENT MEIER: The bill 7 is passed. 8 Senator Holland. 9 SENATOR HOLLAND: Is there any 10 housekeeping, Mr. President? 11 ACTING PRESIDENT MEIER: Yes, 12 there's a motion. 13 Senator Marcellino. 14 SENATOR MARCELLINO: Yes, Mr. 15 President. On behalf of Senator Meier, the 16 esteemed Senator Meier, on page number 50, I 17 offer the following amendments to Calendar 18 Number 1084, Senate Print Number 6468-A, and ask 19 that said bill retain its place on the Third 20 Reading Calendar, sir. 21 ACTING PRESIDENT MEIER: The 22 amendments are received and the bill will retain 23 its place on the Third Reading Calendar. 24 Thank you, Senator Marcellino. 25 Senator Holland. 1 SENATOR HOLLAND: Would you 2 please recognize Senator Montgomery, please. 3 ACTING PRESIDENT MEIER: Senator 4 Montgomery. 5 SENATOR MONTGOMERY: Yes. Thank 6 you, Mr. President. 7 I would just like to take a 8 moment, if you will allow me, to acknowledge a 9 class that is visiting here today, the Capitol, 10 from my district. It's their -- a group of 11 students, eighth grade students, I believe, from 12 the Ron Edmonds Learning Center in Brooklyn, 13 formally known as Junior High School 113. They 14 have come today to witness what we do on their 15 behalf as their representatives in the New York 16 State Senate. 17 So I welcome them. Their 18 teachers are here with them, Miss Ollfume and 19 Miss Cunningham, and we thank them for coming 20 because they are going to be part of this body 21 some day, at least some of them, we hope, and so 22 they're getting a bird's eye view at an early 23 point in their lives and we welcome them. Thank 24 their teachers for bringing them. 25 Thank you, Mr. President. 1 ACTING PRESIDENT MEIER: Thank 2 you, Senator Montgomery. 3 Senator Holland. 4 SENATOR HOLLAND: Anything 5 further at the desk? 6 ACTING PRESIDENT MEIER: Nothing 7 further, Senator. 8 SENATOR HOLLAND: Mr. President, 9 there being no further business, I move we 10 adjourn until Monday, June the 1st, at 3:00 11 p.m., intervening days being legislative days. 12 ACTING PRESIDENT MEIER: There 13 being no further business, on motion, the Senate 14 stands adjourned until Monday, June 1st, 3:00 15 p.m., intervening days will be legislative 16 days. 17 (Whereupon, at 11:28 a.m., the 18 Senate adjourned.) 19 20 21 22 23 24 25