Regular Session - February 14, 1994

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         9                       ALBANY, NEW YORK

        10                       February 14, 1994

        11                           3:57 p.m.

        12

        13

        14                        REGULAR SESSION

        15

        16

        17

        18       SENATOR FRANK PADAVAN, Acting President

        19       STEPHEN F. SLOAN, Secretary

        20

        21

        22

        23











                                                              604

         1                      P R O C E E D I N G S

         2                      ACTING PRESIDENT PADAVAN:  Senate

         3       will come to order.

         4                      Please join me in pledging

         5       allegiance to the Flag.

         6                      (Whereupon, the Senate joined in

         7       the Pledge of Allegiance to the Flag.)

         8                      In the absence of clergy, we'll

         9       bow our heads for a brief moment of prayer.

        10                      (Whereupon, there was a moment of

        11       silence.)

        12                      Reading of the Journal.

        13                      THE SECRETARY:  In Senate,

        14       Sunday, February 13.  The Senate met pursuant to

        15       adjournment.  Senator Bruno in the chair upon

        16       designation of the Temporary President.  The

        17       Journal of Saturday, February 12, was read and

        18       approved.  On motion, Senate adjourned.

        19                      ACTING PRESIDENT PADAVAN:

        20       Hearing no objection, the Journal stands

        21       approved as read.

        22                      Presentation of petitions.

        23                      Messages from the Assembly.











                                                              605

         1                      Messages from the Governor.

         2                      Reports of standing committees.

         3                      Secretary will read.

         4                      THE SECRETARY:  Senator Velella

         5       from the Committee on Insurance reports the

         6       following bills directly for third reading:

         7                      Senate Bill Number 2230, by

         8       Senator Velella, an act to amend the Insurance

         9       Law, in relation to information reports filed

        10       with the State Insurance Department.

        11                      2595, by Senator Velella, an act

        12       to amend Chapter 24 of the Laws of 1992,

        13       amending the Insurance Law.

        14                      5518, by Senator Velella, an act

        15       to amend the Insurance Law, in relation to

        16       separate accounts.

        17                      5614B, by Senator Velella, an act

        18       to amend the Insurance Law.

        19                      Senator Hannon from the Committee

        20       on Housing and Community Development reports the

        21       following bills directly for third reading:

        22                      2976, by Senator Hannon, an act

        23       to amend the Private Housing Finance Law and the











                                                              606

         1       Tax Law.

         2                      3169, by Senator Hannon and

         3       others, Real Property Law, in relation to the

         4       sale of mobile homes.

         5                      3170, by Senator Hannon and

         6       others, an act to amend the Real Property Law.

         7                      3173, by Senator Hannon and

         8       others, Real Property Law and the Private

         9       Housing Finance Law.

        10                      4797A, by Senator Hannon and

        11       others, Real Property Law.

        12                      5190, by Senator Hannon, Private

        13       Housing Finance Law.

        14                      6084, by the Committee on Rules,

        15       an act to amend the Private Housing Finance Law,

        16       in relation to assistance to neighborhood

        17       preservation.

        18                      Senator Daly from the Committee

        19       on Corporations, Authorities, and Commissions,

        20       reports the following bills directly for third

        21       reading:

        22                      Senate Bill Number 1374, by

        23       Senator Trunzo, an act to amend the Public











                                                              607

         1       Authorities Law, in relation to the Suffolk

         2       County Water Authority.

         3                      2756A, by Senator Farley, an act

         4       to amend the Not-For-Profit Corporation Law and

         5       the Public Health Law.

         6                      3473, by Senators Trunzo and

         7       Lack, Public Authorities Law and the General

         8       Municipal Law.

         9                      6368, by Senator Volker, an act

        10       to amend the Public Authorities Law, in relation

        11       to making a technical correction regarding the

        12       Buffalo Sewer Authority.

        13                      All bills reported directly for

        14       third reading.

        15                      ACTING PRESIDENT PADAVAN:

        16       Without objection, third reading.

        17                      Motions and resolutions.

        18                      Senator Farley.

        19                      SENATOR FARLEY:  Thank you, Mr.

        20       President.  On behalf of Senator Nozzolio, on

        21       page 6, I offer the following amendments to his

        22       bill Calendar Number 146, Senate Print 6336A.

        23                      On behalf of Senator Stafford, on











                                                              608

         1       page 5, I offer the following amendments to

         2       Calendar Number 134, Senate Print 2523B, and I

         3       ask that that bill retain its place.

         4                      On behalf of Senator Nozzolio, on

         5       page 5, I offer the following amendments to

         6       Calendar 145, Senate Print 6332A, and I ask that

         7       that bill retain its place on the Third Reading

         8       Calendar.

         9                      On behalf of Senator Levy, on

        10       page 8, I offer the following amendments to his

        11       bill, Calendar Number 166, Senate Print 4801,

        12       and I ask that that bill retain its place on the

        13       Third Reading Calendar.

        14                      ACTING PRESIDENT PADAVAN:  So

        15       ordered.

        16                      Senator Present.

        17                      SENATOR PRESENT:  Mr. President.

        18       Will you recognize Senator Libous, please.

        19                      ACTING PRESIDENT PADAVAN:

        20       Senator Libous.

        21                      SENATOR LIBOUS:  Mr. President.

        22       There will be an immediate meeting of the

        23       Committee on Mental Health and Developmental











                                                              609

         1       Disabilities in Room 332.

         2                      ACTING PRESIDENT PADAVAN:

         3       Motions.

         4                      Senator Holland.

         5                      SENATOR HOLLAND:  Mr. President.

         6       On page 8, I offer the following amendments to

         7       Calendar Number 170, Print Number 6335, and ask

         8       that said bill retain its place on the Third

         9       Reading Calendar.

        10                      ACTING PRESIDENT PADAVAN:  Some

        11       ordered.

        12                      SENATOR HOLLAND:  Mr. President.

        13       I wish to call up Assembly Print Number 9370,

        14       recalled from the Assembly, which is now at the

        15       desk.

        16                      ACTING PRESIDENT PADAVAN:

        17       Secretary will read.

        18                      THE SECRETARY:  Assembly Bill

        19       Number 9370, by Member of the Assembly

        20       Nicoletti, an act authorizing the extension of

        21       time for collection of taxes without interest or

        22       penalties in the year 1994 as a result of severe

        23       and unprecedented weather conditions.











                                                              610

         1                      SENATOR HOLLAND:  Mr. President.

         2       I now move to reconsider the vote by which this

         3       bill was passed.

         4                      ACTING PRESIDENT PADAVAN:  The

         5       Secretary will call the roll on reconsideration.

         6                      (The Secretary called the roll on

         7       reconsideration.)

         8                      THE SECRETARY:  Ayes 46.

         9                      ACTING PRESIDENT PADAVAN:  The

        10       bill is before the house.

        11                      Senator Holland, do you have

        12       another motion?

        13                      SENATOR HOLLAND:  Could we repass

        14       this bill at this point?

        15                      ACTING PRESIDENT PADAVAN:  Read

        16       the last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT PADAVAN:  Call

        20       the roll.

        21                      (The Secretary called the roll.)

        22                      THE SECRETARY:  Unanimous.

        23                      ACTING PRESIDENT PADAVAN:  The











                                                              611

         1       bill is passed.

         2                      Senator Wright.

         3                      SENATOR WRIGHT:  Mr. President.

         4       On behalf of Senator Skelos, I wish to call up

         5       Print Number 6548, recalled from the Assembly,

         6       which is now at the desk.

         7                      ACTING PRESIDENT PADAVAN:

         8       Secretary will read.

         9                      THE SECRETARY:  By Senator

        10       Skelos, Senate Bill Number 6548, an act to amend

        11       Chapter 208 of the Laws of 1992, establishing

        12       the Alzheimer's Disease Task Force.

        13                      SENATOR WRIGHT:  Mr. President.

        14       I now move to reconsider the vote by which this

        15       bill was passed.

        16                      ACTING PRESIDENT PADAVAN:  The

        17       Secretary will call the roll on reconsideration.

        18                      (The Secretary called the roll on

        19       reconsideration.)

        20                      THE SECRETARY:  Ayes 46.

        21                      ACTING PRESIDENT PADAVAN:  The

        22       bill is before the house.

        23                      SENATOR WRIGHT:  Mr. President.











                                                              612

         1       I now offer the following amendments.

         2                      ACTING PRESIDENT PADAVAN:

         3       Amendments are received.

         4                      SENATOR GOLD:  Mr. President.

         5                      ACTING PRESIDENT PADAVAN:

         6       Senator Gold.

         7                      SENATOR GOLD:  Mr. President.  On

         8       behalf of Senator Nolan, I move that the

         9       following bill be discharged from its committee

        10       and be recommitted with instructions to strike

        11       the enacting clause:  5682A.

        12                      ACTING PRESIDENT PADAVAN:  So

        13       ordered.

        14                      Any other motions or

        15       resolutions?

        16                      (There was no response.)

        17                      Senator Present, shall we proceed

        18       with the calendar?

        19                      SENATOR PRESENT:  Mr. President.

        20       Before we proceed any further, I would like to

        21       notify the members that when we adjourn today we

        22       will do so in memory of Speaker Saul Weprin.

        23                      Let's take up the











                                                              613

         1       noncontroversial calendar.

         2                      ACTING PRESIDENT PADAVAN:

         3       Noncontroversial.

         4                      THE SECRETARY:  On page 4,

         5       Calendar Number 27.

         6                      SENATOR GOLD:  Lay it aside.

         7                      ACTING PRESIDENT PADAVAN:  Lay

         8       that bill aside.

         9                      THE SECRETARY:  Calendar Number

        10       28, by Senator Wright, Senate Bill Number 4107A,

        11       State Administrative Procedure Act.

        12                      ACTING PRESIDENT PADAVAN:  Read

        13       the last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT PADAVAN:  Call

        17       the roll.

        18                      (The Secretary called the roll.)

        19                      THE SECRETARY:  Ayes 47.

        20                      ACTING PRESIDENT PADAVAN:  The

        21       bill is passed.

        22                      THE SECRETARY:  Calendar Number

        23       103, by Senator Stafford.











                                                              614

         1                      ACTING PRESIDENT PADAVAN:  Lay it

         2       aside.

         3                      THE SECRETARY:  Calendar Number

         4       130, by Senator Stafford, Senate Bill Number

         5       438, an act to amend the Real Property Tax Law.

         6                      ACTING PRESIDENT PADAVAN:  Read

         7       the last section.

         8                      THE SECRETARY:  Section 2.  This

         9       act shall take effect immediately.

        10                      SENATOR GOLD:  Lay it aside.

        11                      ACTING PRESIDENT PADAVAN:  Lay it

        12       aside.

        13                      THE SECRETARY:  Calendar Number

        14       149, by Senator Sears, Senate Bill Number 4046,

        15       General Business Law, in relation to false

        16       advertising.

        17                      ACTING PRESIDENT PADAVAN:  Read

        18       the last section.

        19                      THE SECRETARY:  Section 2.  This

        20       act shall take effect immediately.

        21                      ACTING PRESIDENT PADAVAN:  Call

        22       the roll.

        23                      (The Secretary called the roll.)











                                                              615

         1                      THE SECRETARY:  Ayes 47.

         2                      ACTING PRESIDENT PADAVAN:  The

         3       bill is passed.

         4                      THE SECRETARY:  Calendar Number

         5       151, by Senator LaValle, Senate Bill Number 939,

         6       Education Law, in relation to registration of a

         7       pharmacy.

         8                      ACTING PRESIDENT PADAVAN:  Read

         9       the last section.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      ACTING PRESIDENT PADAVAN:  Call

        13       the roll.

        14                      (The Secretary called the roll.)

        15                      THE SECRETARY:  Ayes 47.  Nays

        16       1.  Senator Kuhl recorded in the negative.

        17                      ACTING PRESIDENT PADAVAN:  The

        18       bill is passed.

        19                      THE SECRETARY:  Calendar Number

        20       152, by Senator Volker, Senate Bill Number 1506,

        21       Education Law, in relation to allowing the hand

        22       printed name of the signing prescriber to appear

        23       on prescriptions.











                                                              616

         1                      ACTING PRESIDENT PADAVAN:  Read

         2       the last section.

         3                      THE SECRETARY:  Section 2.  This

         4       act shall take effect immediately.

         5                      ACTING PRESIDENT PADAVAN:  Call

         6       the roll.

         7                      (The Secretary called the roll.)

         8                      THE SECRETARY:  Ayes 48.

         9                      ACTING PRESIDENT PADAVAN:  The

        10       bill is passed.

        11                      THE SECRETARY:  Calendar Number

        12       154.

        13                      SENATOR GOLD:  Lay it aside.

        14                      ACTING PRESIDENT PADAVAN:  Lay it

        15       aside.

        16                      THE SECRETARY:  Calendar Number

        17       155, by Senator Holland, Senate Bill Number 47,

        18       authorize the Salvation Army Eastern Territory

        19       School for Officers.

        20                      ACTING PRESIDENT PADAVAN:  Read

        21       the last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.











                                                              617

         1                      ACTING PRESIDENT PADAVAN:  Call

         2       the roll.

         3                      (The Secretary called the roll.)

         4                      THE SECRETARY:  Ayes 48.

         5                      ACTING PRESIDENT PADAVAN:  The

         6       bill is passed.

         7                      THE SECRETARY:  Calendar Number

         8       156, by Senator Larkin, Senate Bill Number

         9       2744A, an act to amend the Education Law, in

        10       relation to transportation of adult students.

        11                      ACTING PRESIDENT PADAVAN:  Read

        12       the last section.

        13                      THE SECRETARY:  Section 2.  This

        14       act shall take effect immediately.

        15                      ACTING PRESIDENT PADAVAN:  Call

        16       the roll.

        17                      (The Secretary called the roll.)

        18                      THE SECRETARY:  Ayes 48.

        19                      ACTING PRESIDENT PADAVAN:  The

        20       bill is passed.

        21                      THE SECRETARY:  Calendar Number

        22       158, by Senator Maltese, Senate Bill Number

        23       3304.











                                                              618

         1                      ACTING PRESIDENT PADAVAN:  Lay it

         2       aside.

         3                      THE SECRETARY:  Calendar Number

         4       159, by Senator Cook, Senate Bill Number 4341A,

         5       Education Law, in relation to defining non

         6       residents of a district.

         7                      ACTING PRESIDENT PADAVAN:  Read

         8       the last section.

         9                      THE SECRETARY:  Section 2.  This

        10       act shall take effect immediately.

        11                      ACTING PRESIDENT PADAVAN:  Call

        12       the roll.

        13                      (The Secretary called the roll.)

        14                      THE SECRETARY:  Ayes 48.

        15                      ACTING PRESIDENT PADAVAN:  The

        16       bill is passed.

        17                      THE SECRETARY:  Calendar Number

        18       160, by Senator Hannon, Senate Bill Number 6566,

        19       authorize payments in lieu of taxes by the

        20       County of Nassau.

        21                      ACTING PRESIDENT PADAVAN:  Read

        22       the last section.

        23                      THE SECRETARY:  Section 2.  This











                                                              619

         1       act shall take effect immediately.

         2                      ACTING PRESIDENT PADAVAN:  Call

         3       the roll.

         4                      (The Secretary called the roll.)

         5                      THE SECRETARY:  Ayes 48.

         6                      ACTING PRESIDENT PADAVAN:  The

         7       bill is passed.

         8                      THE SECRETARY:  Calendar Number

         9       161, by Senator Cook, Senate Bill Number 6583,

        10       authorize payment of transportation aid to

        11       Roscoe Central School District.

        12                      ACTING PRESIDENT PADAVAN:  There

        13       is a local fiscal impact note at the desk.

        14                      Read the last section.

        15                      THE SECRETARY:  Section 2.  This

        16       act shall take effect immediately.

        17                      ACTING PRESIDENT PADAVAN:  Call

        18       the roll.

        19                      (The Secretary called the roll.)

        20                      THE SECRETARY:  Ayes 49.

        21                      ACTING PRESIDENT PADAVAN:  The

        22       bill is passed.

        23                      THE SECRETARY:  Calendar Number











                                                              620

         1       164, by Senator Larkin, Senate Bill Number 1942,

         2       an act to amend the Vehicle and Traffic Law.

         3                      SENATOR GOLD:  Lay it aside.

         4                      ACTING PRESIDENT PADAVAN:  Lay it

         5       aside.

         6                      THE SECRETARY:  Calendar Number

         7       165, by Senator Goodman, Senate Bill Number

         8       2706, Vehicle and Traffic Law, in relation to

         9       allowing parking violation bureaus.

        10                      ACTING PRESIDENT PADAVAN:  Read

        11       the last section.

        12                      THE SECRETARY:  Section 2.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT PADAVAN:  Call

        15       the roll.

        16                      SENATOR GOLD:  Lay it aside.

        17                      ACTING PRESIDENT PADAVAN:  Lay it

        18       aside.

        19                      THE SECRETARY:  Calendar Number

        20       167, by Senator Maltese, Senate Bill Number

        21       5343A, Vehicle and Traffic Law, in relation to

        22       creating a tow truck advisory board.

        23                      ACTING PRESIDENT PADAVAN:  Read











                                                              621

         1       the last section.

         2                      THE SECRETARY:  Section 2.  This

         3       act shall take effect immediately.

         4                      ACTING PRESIDENT PADAVAN:  Call

         5       the roll.

         6                      (The Secretary called the roll.)

         7                      THE SECRETARY:  Ayes 50.

         8                      ACTING PRESIDENT PADAVAN:  The

         9       bill is passed.

        10                      THE SECRETARY:  Calendar Number

        11       168, by Senator Levy.

        12                      SENATOR GOLD:  Lay it aside.

        13                      ACTING PRESIDENT PADAVAN:  Lay it

        14       aside.

        15                      THE SECRETARY:  Calendar Number

        16       169.

        17                      SENATOR GOLD:  Lay it aside.

        18                      ACTING PRESIDENT PADAVAN:  Lay it

        19       aside.

        20                      THE SECRETARY:  Calendar Number

        21       171.

        22                      SENATOR GOLD:  Lay it aside.

        23                      THE SECRETARY:  Calendar Number











                                                              622

         1       172, by Senator Skelos, Senate Bill Number 631,

         2       Executive Law, empowering the State Office for

         3       the Aging.

         4                      ACTING PRESIDENT PADAVAN:  Read

         5       the last section.

         6                      THE SECRETARY:  Section 2.  This

         7       act shall take effect immediately.

         8                      ACTING PRESIDENT PADAVAN:  Call

         9       the roll.

        10                      (The Secretary called the roll.)

        11                      THE SECRETARY:  Ayes 50.

        12                      ACTING PRESIDENT PADAVAN:  The

        13       bill is passed.

        14                      THE SECRETARY:  Calendar Number

        15       173, by Senator Farley, Senate Bill Number 2191,

        16       Education Law, in relation to authorizing the

        17       State University trustees to make courses

        18       available for certain persons.

        19                      ACTING PRESIDENT PADAVAN:  Read

        20       the last section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT PADAVAN:  Call











                                                              623

         1       the roll.

         2                      (The Secretary called the roll.)

         3                      THE SECRETARY:  Ayes 49.

         4                      ACTING PRESIDENT PADAVAN:  The

         5       bill is passed.

         6                      THE SECRETARY:  Calendar Number

         7       174, by Senator Skelos, Senate Bill Number 3310,

         8       an act to amend the Real Property Tax Law.

         9                      ACTING PRESIDENT PADAVAN:  Read

        10       the last section.

        11                      THE SECRETARY:  Section 2.  This

        12       act shall take effect immediately.

        13                      ACTING PRESIDENT PADAVAN:  Call

        14       the roll.

        15                      (The Secretary called the roll.)

        16                      THE SECRETARY:  Ayes 50.

        17                      ACTING PRESIDENT PADAVAN:  The

        18       bill is passed.

        19                      THE SECRETARY:  Calendar Number

        20       176, by Senator Levy, Senate Bill Number 1002,

        21       Vehicle and Traffic Law, in relation to

        22       prohibiting disposition of DWI offenses.

        23                      ACTING PRESIDENT PADAVAN:  Read











                                                              624

         1       the last section.

         2                      THE SECRETARY:  Section 2.  This

         3       act shall take effect immediately.

         4                      ACTING PRESIDENT PADAVAN:  Call

         5       the roll.

         6                      (The Secretary called the roll.)

         7                      ACTING PRESIDENT PADAVAN:

         8       Senator Dollinger.

         9                      SENATOR DOLLINGER:  Is this 176

        10       or 177?

        11                      ACTING PRESIDENT PADAVAN:  176.

        12                      SENATOR DOLLINGER:  Could you lay

        13       the bill aside, please.

        14                      ACTING PRESIDENT PADAVAN:  Lay it

        15       aside.

        16                      THE SECRETARY:  Calendar Number

        17       177, by Senator Velella, Senate Bill Number

        18       1579, an act to amend the Vehicle and Traffic

        19       Law and the Criminal Procedure Law.

        20                      ACTING PRESIDENT PADAVAN:  Read

        21       the last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.











                                                              625

         1                      ACTING PRESIDENT PADAVAN:  Call

         2       the roll.

         3                      (The Secretary called the roll.)

         4                      THE SECRETARY:  Ayes 49.

         5                      ACTING PRESIDENT PADAVAN:  The

         6       bill is passed.

         7                      THE SECRETARY:  178, by Senator

         8       Levy, Senate Bill Number 2076, an act to amend

         9       the Vehicle and Traffic Law.

        10                      ACTING PRESIDENT PADAVAN:  Read

        11       the last section.

        12                      THE SECRETARY:   Section 2.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT PADAVAN:  Call

        15       the roll.

        16                      (The Secretary called the roll.)

        17                      THE SECRETARY: Ayes 50.

        18                      ACTING PRESIDENT PADAVAN:  The

        19       bill is passed.

        20                      THE SECRETARY:  179, by Senator

        21       Tully, Senate Bill Number 779, Civil Practice

        22       Law and Rules, in relation to granting cities,

        23       towns, and village exemption from fees of











                                                              626

         1       clerks.

         2                      ACTING PRESIDENT PADAVAN:  Read

         3       the last section.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect immediately.

         6                      ACTING PRESIDENT PADAVAN:  Call

         7       the roll.

         8                      (The Secretary called the roll.)

         9                      THE SECRETARY:  Ayes 49.  Nays

        10       1.  Senator Wright recorded in the negative.

        11                      ACTING PRESIDENT PADAVAN:  The

        12       bill is passed.

        13                      THE SECRETARY:  Calendar Number

        14       182, by Senator Volker, Senate Bill Number 2421,

        15       an act to amend the Penal Law, in relation to

        16       the offense of battery.

        17                      ACTING PRESIDENT PADAVAN:  Read

        18       the last section.

        19                      THE SECRETARY:  Section 2.  This

        20       act shall take effect immediately.

        21                      ACTING PRESIDENT PADAVAN:  Call

        22       the roll.

        23                      (The Secretary called the roll.)











                                                              627

         1                      THE SECRETARY:  Ayes 50.

         2                      ACTING PRESIDENT PADAVAN:  The

         3       bill is passed.

         4                      THE SECRETARY:  Calendar Number

         5       183, by Senator Sears, Senate Bill Number 2459,

         6       an act to amend the Penal Law, in relation to

         7       unauthorized use of an emergency vehicle.

         8                      ACTING PRESIDENT PADAVAN:  Read

         9       the last section.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      ACTING PRESIDENT PADAVAN:  Call

        13       the roll.

        14                      (The Secretary called the roll.)

        15                      THE SECRETARY:  Ayes 50.

        16                      ACTING PRESIDENT PADAVAN:  The

        17       bill is passed.

        18                      THE SECRETARY:  184, by Senator

        19       Volker, Senate Bill Number 2630, an act to amend

        20       the Criminal Procedure Law, in relation to

        21       presentence reports.

        22                      ACTING PRESIDENT PADAVAN:  Read

        23       the last section.











                                                              628

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT PADAVAN:  Call

         4       the roll.

         5                      (The Secretary called the roll.)

         6                      THE SECRETARY:  Ayes 50.

         7                      ACTING PRESIDENT PADAVAN:  The

         8       bill is passed.

         9                      THE SECRETARY:  185, by Senator

        10       Volker, Senate Bill Number 2732A, an act to

        11       amend the Civil Practice Law and Rules.

        12                      ACTING PRESIDENT PADAVAN:  Read

        13       the last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT PADAVAN:  Call

        17       the roll.

        18                      (The Secretary called the roll.)

        19                      THE SECRETARY:  Ayes 50.

        20                      ACTING PRESIDENT PADAVAN:  The

        21       bill is passed.

        22                      THE SECRETARY:  Calendar Number

        23       187, by Senator Lack, Senate Bill Number 3498,











                                                              629

         1       an act to amend the Penal Law, in relation to

         2       the possession and sale of fireworks.

         3                      ACTING PRESIDENT PADAVAN:  Lay it

         4       aside.

         5                      THE SECRETARY:  Calendar Number

         6       188, by Senator Pataki, Senate Bill Number 3566,

         7       an act to amend the Penal Law in relation

         8       increasing the penalty for witness and jury

         9       tampering.

        10                      ACTING PRESIDENT PADAVAN:  Read

        11       the last section.

        12                      THE SECRETARY:  Section 2.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT PADAVAN:  Call

        15       the roll.

        16                      (The Secretary called the roll.)

        17                      THE SECRETARY:  Ayes 49.  Nays

        18       1.  Senator Galiber recorded in the negative.

        19                      ACTING PRESIDENT PADAVAN:  The

        20       bill is passed.

        21                      THE SECRETARY:  Calendar Number

        22        -

        23                      SENATOR GOLD:  Mr. President.











                                                              630

         1                      ACTING PRESIDENT PADAVAN:

         2       Senator Gold.

         3                      SENATOR GOLD:  I hate to do

         4       this.  Could we please reconsider the vote by

         5       which Calendar 177 passed and lay that aside,

         6       please?

         7                      ACTING PRESIDENT PADAVAN:

         8       Calendar Number 177 on reconsideration.

         9                      The Secretary will call the roll

        10       on reconsideration.

        11                      (The Secretary called the roll on

        12       reconsideration.)

        13                      THE SECRETARY:  Ayes 50.

        14                      ACTING PRESIDENT PADAVAN:  The

        15       bill is laid aside.

        16                      THE SECRETARY:  Calendar Number

        17       190, by Senator Volker, Senate Bill Number 4520,

        18       an act to amend the Civil Rights Law.

        19                      ACTING PRESIDENT PADAVAN:  Read

        20       the last section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT PADAVAN:  Call











                                                              631

         1       the roll.

         2                      (The Secretary called the roll.)

         3                      THE SECRETARY:  Ayes 50.

         4                      ACTING PRESIDENT PADAVAN:  The

         5       bill is passed.

         6                      THE SECRETARY:  Calendar Number

         7       193, by Senator Daly, Senate Bill Number 1098,

         8       Environmental Conservation Law.

         9                      ACTING PRESIDENT PADAVAN:  Read

        10       the last section.

        11                      THE SECRETARY:  Section 2.  This

        12       act shall take effect immediately.

        13                      ACTING PRESIDENT PADAVAN:  Call

        14       the roll.

        15                      (The Secretary called the roll.)

        16                      THE SECRETARY:  Ayes 50.

        17                      ACTING PRESIDENT PADAVAN:  The

        18       bill is passed.

        19                      THE SECRETARY:  Calendar Number

        20       194, by Senator Johnson, Senate Bill Number

        21       1795, Environmental Conservation Law, in

        22       relation to shellfish shipping permits.

        23                      ACTING PRESIDENT PADAVAN:  Read











                                                              632

         1       the last section.

         2                      THE SECRETARY:  Section 2.  This

         3       act shall take effect immediately.

         4                      ACTING PRESIDENT PADAVAN:  Call

         5       the roll.

         6                      (The Secretary called the roll.)

         7                      THE SECRETARY:  Ayes 50.

         8                      ACTING PRESIDENT PADAVAN:  The

         9       bill is passed.

        10                      THE SECRETARY:  Calendar Number

        11       195, by Senator Johnson, Senate Bill Number

        12       3367A, Environmental Conservation Law, in

        13       relation to clarifications of provisions.

        14                      SENATOR JOHNSON:  Lay that bill

        15       aside.

        16                      ACTING PRESIDENT PADAVAN:  Lay it

        17       aside, at the request of the sponsor.

        18                      THE SECRETARY:  Calendar Number

        19       196, by Senator Nozzolio, Senate Bill Number

        20       4317, an act to repeal Subdivision 2 of Section

        21       11-0511.

        22                      ACTING PRESIDENT PADAVAN:  Read

        23       the last section.











                                                              633

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT PADAVAN:  Call

         4       the roll.

         5                      (The Secretary called the roll.)

         6                      THE SECRETARY:  Ayes 50.

         7                      ACTING PRESIDENT PADAVAN:  The

         8       bill is passed.

         9                      THE SECRETARY:  Calendar Number

        10       197, by Senator LaValle, Senate Bill Number 577,

        11       Correction Law, in relation to eligible inmates

        12       for temporary release programs.

        13                      SENATOR GALIBER:  Lay it aside,

        14       please.

        15                      ACTING PRESIDENT PADAVAN:  Lay

        16       that bill aside.

        17                      THE SECRETARY:  Calendar Number

        18       198, by Senator Maltese, Senate Bill Number

        19       4508, an act to amend the Correction Law.

        20                      ACTING PRESIDENT PADAVAN:  Read

        21       the last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.











                                                              634

         1                      ACTING PRESIDENT PADAVAN:  Call

         2       the roll.

         3                      (The Secretary called the roll.)

         4                      THE SECRETARY:  Ayes 51.

         5                      ACTING PRESIDENT PADAVAN:  The

         6       bill is passed.

         7                      THE SECRETARY:  Calendar Number

         8       200.

         9                      SENATOR GOLD:  Lay it aside.

        10                      ACTING PRESIDENT PADAVAN:  Lay it

        11       aside.

        12                      Senator Present.

        13                      SENATOR PRESENT:  Would you

        14       recognize Senator Nozzolio please.

        15                      ACTING PRESIDENT PADAVAN:

        16       Senator Nozzolio.

        17                      SENATOR NOZZOLIO:  Mr.

        18       President.  I ask unanimous consent to be

        19       recorded in the negative on Calendar 151, Bill

        20       Number 939.

        21                      ACTING PRESIDENT PADAVAN:  So

        22       ordered.

        23                      Senator, was that 451?  Senator











                                                              635

         1       Nozzolio.  What calendar number?

         2                      SENATOR NOZZOLIO:  151.

         3                      ACTING PRESIDENT PADAVAN:  151.

         4                      Senator Present.

         5                      SENATOR PRESENT:  Mr. President,

         6       will you return to reports of standing

         7       committees, please.

         8                      ACTING PRESIDENT PADAVAN:  The

         9       order of standing committees.  Reports will be

        10       read.

        11                      THE SECRETARY:  Senator Libous

        12       from the Committee on Mental Health and

        13       Developmental Disabilities reports the following

        14       bill directly for third reading.

        15                      Senate Bill Number 6221, by

        16       Senator Larkin, an act to amend Chapter 591 of

        17       the Laws of 1993, relating to authorizing the

        18       lease of certain facilities of the Middletown

        19       Psychiatric Center.

        20                      ACTING PRESIDENT PADAVAN:  The

        21       bill is reported to third reading.

        22                      Senator Present.

        23                      SENATOR PRESENT:  Mr. President.











                                                              636

         1       I move that we now adjourn until tomorrow at

         2       3:00 p.m. and that we adjourn this session in

         3       memory of the late Honorable Saul Weprin,

         4       Speaker of the Assembly.

         5                      ACTING PRESIDENT PADAVAN:  Senate

         6       is adjourned.

         7                      (Whereupon, at 4:20 p.m., Senate

         8       adjourned.)

         9

        10

        11

        12

        13

        14

        15

        16