Regular Session - May 11, 1998

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        8                      ALBANY, NEW YORK

        9                        May 11, 1998

       10                           3:02 p.m.

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       13                      REGULAR SESSION

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       17        SENATOR CHARLES FUSCHILLO, Acting President

       18        STEVEN M. BOGGESS, Secretary

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                                                            3120

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

        2                      ACTING PRESIDENT FUSCHILLO:  The

        3        Senate will come to order.  I ask everyone

        4        present to please rise and repeat with me the

        5        Pledge of Allegiance.

        6                      (The assemblage repeated the

        7        Pledge of Allegiance to the Flag.)

        8                      In the absence of clergy, may we

        9        bow our heads in a moment of silence.

       10                      (A moment of silence was

       11        observed.)

       12                      The reading of the Journal.

       13                      THE SECRETARY:  In Senate, Sunday,

       14        May 10th.  The Senate met pursuant to

       15        adjournment.  The Journal of Saturday, May 9th,

       16        was read and approved.  On motion, the Senate

       17        adjourned.

       18                      ACTING PRESIDENT FUSCHILLO:

       19        Without objection, the Journal stands approved
as

       20        read.

       21                      Presentation of petitions.

       22                      Messages from the Assembly.

       23                      Messages from the Governor.

       24                      Reports of standing committees.

       25                      Reports of select committees.







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        1                      Communications and reports from

        2        state officers.

        3                      Motions and resolutions.

        4                      Senator Marcellino.

        5                      SENATOR MARCELLINO:  Thank you,

        6        Mr. President.

        7                      Mr. President, on behalf of

        8        Senator DeFrancisco, I wish to call up his bill,

        9        Print Number 4117, having -- recalled from the

       10        Assembly, which is now at the desk.

       11                      ACTING PRESIDENT FUSCHILLO:  The

       12        Secretary will read.

       13                      THE SECRETARY:  By Senator

       14        DeFrancisco, Senate Print 4117, an act to amend

       15        the Navigation Law.

       16                      SENATOR MARCELLINO:  Mr.

       17        President, I now move to reconsider the vote by

       18        which this bill was passed.

       19                      ACTING PRESIDENT FUSCHILLO:  The

       20        Secretary will call the roll.

       21                      (The Secretary called the roll on

       22        reconsideration.)

       23                      THE SECRETARY:  Ayes 44.

       24                      SENATOR MARCELLINO:  Mr.

       25        President, I now offer the following amendments.







                                                            3122

        1                      ACTING PRESIDENT FUSCHILLO:  The

        2        amendments are received.

        3                      SENATOR MARCELLINO:  Mr.

        4        President, on behalf of Senator Nozzolio, I wish

        5        to call up his bill, Print Number 6333, recalled

        6        from the Assembly, which is now at the desk.

        7                      ACTING PRESIDENT FUSCHILLO:  The

        8        Secretary will read.

        9                      THE SECRETARY:  By Senator

       10        Nozzolio, Senate Print 6333, an act to legalize,

       11        validate and confirm.

       12                      SENATOR MARCELLINO:  Mr.

       13        President, I now offer the following -- I now

       14        move to reconsider the vote by which this bill

       15        was passed.

       16                      ACTING PRESIDENT FUSCHILLO:  The

       17        Secretary will call the roll.

       18                      (The Secretary called the roll on

       19        reconsideration.)

       20                      THE SECRETARY:  Ayes 46.

       21                      SENATOR MARCELLINO:  Mr.

       22        President, I now offer the following amendments.

       23                      ACTING PRESIDENT FUSCHILLO:  The

       24        amendments are received.

       25                      SENATOR MARCELLINO:  Mr.







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        1        President, I would like to offer amendments on

        2        the following Third Reading Calendar bills:

        3                      Bills by Senator Leibell, on page

        4        23, Calendar Number 242, Senate Print Number

        5        3930-A;

        6                      Senator Leibell, on page 23,

        7        Calendar Number 253, Senate Print Number 6152;

        8                      By Senator Leibell, on page 23,

        9        Calendar Number 254, Senate Print Number 6153;

       10                      By Senator Leibell, page number

       11        23, Calendar Number 255, Senate Print Number

       12        6154;

       13                      By Senator Leibell, on page 30,

       14        Calendar Number 458, Senate Print Number 1556;

       15                      On behalf of Senator Farley, on

       16        page number 34, Calendar Number 564, Senate
Print

       17        Number 6003;

       18                      On behalf of Senator Libous, on

       19        page number 48, Calendar Number 4, Senate Print

       20        Number 3887.

       21                      Mr. President, I now move to these

       22        bills retain their place on the Third Reading

       23        Calendar.

       24                      ACTING PRESIDENT FUSCHILLO:  The

       25        amendments are received and the bills will
retain







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        1        their place on the Third Reading Calendar.

        2                      SENATOR MARCELLINO:  Thank you,

        3        sir.

        4                      ACTING PRESIDENT FUSCHILLO:  The

        5        Secretary will read.

        6                      SENATOR SKELOS:  I believe there's

        7        a substitution at the desk.  Would you please

        8        make the substitution.

        9                      ACTING PRESIDENT FUSCHILLO:  The

       10        Secretary will read.

       11                      THE SECRETARY:  Senator Padavan

       12        moves to discharge from the Committee on Mental

       13        Health and Developmental Disabilities Assembly

       14        Number 9184 and substitute it for the identical

       15        Senate Bill 6032.

       16                      ACTING PRESIDENT FUSCHILLO:  The

       17        substitutions are received.

       18                      Senator Skelos.

       19                      SENATOR SKELOS:  Mr. President, I

       20        believe there's a privileged resolution at the

       21        desk by Senator DeFrancisco.  May we please have

       22        the title read and move for its immediate

       23        adoption.

       24                      ACTING PRESIDENT FUSCHILLO:  The

       25        Secretary will read.







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        1                      THE SECRETARY:  By Senator

        2        DeFrancisco, Legislative Resolution honoring the

        3        Grade 6 through 8 students of Teacher Kevin Yard

        4        at Hughes Magnet School, Syracuse, for their

        5        participation in the 49th Senate District "Good

        6        News!  Good kids!" Youth Responsibility Program.

        7                      ACTING PRESIDENT FUSCHILLO:  The

        8        question is on the resolution.  All in favor

        9        signify by saying aye.

       10                      (Response of "Aye".)

       11                      Opposed, nay.

       12                      Senator DeFrancisco.

       13                      SENATOR DeFRANCISCO:  Yes.  This

       14        is the third and final of the classes that are

       15        coming into the Senate chambers to be honored as

       16        a result of the "Good News!  Good kids!" program

       17        which recognizes those students in our community

       18        that are doing things that are positive which is

       19        a clear indication that our youth of today are
as

       20        good as they have ever been and maybe better

       21        despite negative things we hear daily in the

       22        news.

       23                      The group today that's being

       24        honored in this program is a group of students

       25        what the Hughes Magnet School in the city of







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        1        Syracuse and their project was a very
interesting

        2        one.  They learned how we do business in

        3        providing a very important service to the

        4        community.

        5                      On a school project or school trip

        6        they went to one of the local libraries and

        7        learned that it was not handicap accessible.

        8        They began the process that we almost do daily,

        9        and that is to try to figure out a way to solve
a

       10        serious problem and in doing so they not only

       11        contacted the county executive, met with the

       12        county executive, brought advocacy groups

       13        together to advocate on behalf of their

       14        particular project, talked to the neighbor who

       15        was complaining about making certain -

       16        complaining about renovations would cause maybe

       17        some damage or vehicles to go on their property,

       18        consulting the Americans with Disabilities Act,

       19        doing everything that was important to do to
make

       20        it happen and they made it happen, and they're

       21        being honored today for that project and for
many

       22        other projects that they do advocating for their

       23        community.

       24                      So with great pleasure, I support

       25        this resolution and it's particularly important,







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        1        I think, on the Senate floor today is a young

        2        lady among that class, Becca Toole, who is

        3        wheelchair bound and not only was participating

        4        in this project but was a direct beneficiary of

        5        this very, very important project.

        6                      So I thank all of you students.

        7        You're great examples for the rest of the people

        8        in our community.  You are truly good kids that

        9        are providing good news.

       10                      ACTING PRESIDENT FUSCHILLO:  Thank

       11        you, Senator DeFrancisco.

       12                      On behalf of Senator Bruno and the

       13        entire Senate, let me welcome the children from

       14        the school, compliment you and hope you have a

       15        great day today.

       16                      The resolution is adopted.

       17                      Senator Skelos.

       18                      SENATOR SKELOS:  Mr. President, I

       19        believe there's a privileged resolution at the

       20        desk by Senator Holland.  May we please have the

       21        title read and move for its immediate adoption.

       22                      ACTING PRESIDENT FUSCHILLO:  The

       23        Secretary will read.

       24                      THE SECRETARY:  By Senator

       25        Holland, Legislative Resolution honoring the







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        1        Dominican College Division of Nursing faculty
and

        2        student nurses upon the occasion of the Third

        3        Annual Nursing Leadership Conference to be held

        4        on May 11th, 1998.

        5                      ACTING PRESIDENT FUSCHILLO:  The

        6        question is on the resolution.  All in favor

        7        signify by saying aye.

        8                      (Response of "Aye".)

        9                      Opposed, nay.

       10                      (There was no response.)

       11                      The resolution is adopted.

       12                      Senator Skelos.

       13                      SENATOR SKELOS:  Mr. President,

       14        may we please have Resolution 3407 by Senator

       15        Holland read in its entirety and move for its

       16        immediate adoption.

       17                      ACTING PRESIDENT FUSCHILLO:  The

       18        Secretary will read.

       19                      THE SECRETARY:  Senator Holland,

       20        Legislative Resolution memorializing Governor

       21        George E. Pataki to proclaim May 11th through
the

       22        16th, 1998 as Bone Marrow Donor Awareness Week;

       23                      WHEREAS, this legislative body is

       24        justly proud to memorialize Governor George E.

       25        Pataki to proclaim May 11th through the 16th,







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        1        1998 as Bone Marrow Donor Awareness Week;

        2                      WHEREAS, bone marrow transplants

        3        now give people dying of blood-related diseases

        4        such as Leukemia and aplastic anemia a chance to

        5        be cured if a donor can be found whose bone

        6        marrow matches their own.

        7                      An individual has only a 30

        8        percent chance of finding a donor among his or

        9        her own family members.  Once family members
have

       10        been tested and a match is not found, an

       11        individual is faced with only 1 in 20,000

       12        unrelated people who will match closely enough
to

       13        allow the opportunity for a bone marrow
donation.

       14                      The national donor registry was

       15        begun in 1987 to assist in finding suitable

       16        donors from a pool of "typed" readily available

       17        volunteers.  To date over two and a half million

       18        volunteers are in the registry but more are

       19        needed.

       20                      Many people in the United States

       21        have died because their desperate searches have

       22        not produced a matching donor in time.  It is

       23        vital, therefore, that every effort be made to

       24        assure that the donor pool is as large and as

       25        diverse as possible.







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        1                      Marrow transplants require

        2        matching tissue types which are characterized by

        3        complex genetic traits often unique to a

        4        particular race and currently about 80 percent
of

        5        the volunteer donors are Caucasian.

        6                      It is of critical importance that

        7        African-Americans, Hispanics, Asians and Native

        8        Americans who are presently under-represented on

        9        the registry become volunteers so that the same

       10        hope can be offered to all Americans in need.

       11                      In memory of the late Senator

       12        Eugene Levy, it is the intent of this
legislative

       13        body to designate May 11th through the 16th,
1998

       14        as Bone Marrow Donor Awareness Week in New York

       15        State, recognizing and honoring all of those who

       16        have selflessly donated marrow or been tested as

       17        a potential donor and to enhance public
awareness

       18        of the desperate need for bone marrow donors,

       19        particularly minority donors.

       20                      During Bone Marrow Donor Awareness

       21        Week, the Bone Marrow Resource Foundation will

       22        distribute educational material and conduct a

       23        donor drive to test individuals as potential

       24        donors on Monday, May 11th and Tuesday, May 12th

       25        on the third floor terrace of the Legislative







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        1        Office Building.  Donors will be registered with

        2        the National Marrow Donor Program through our

        3        local donor center at the American Red Cross in

        4        Syracuse.

        5                      Funds to test individuals as

        6        potential donors during Bone Marrow Donor

        7        Awareness Week were raised through a Legislative

        8        Bowl-a-Thon on May 5th, 1998.

        9                      To date at least 1300 individuals

       10        have been tested and added to the registry as a

       11        result of funds raised through the Legislative

       12        Bowl-a-Thon and ten of these individuals have

       13        actually been matched with patients in need and

       14        donated their marrow to save a life.

       15                      Everyone has the ability to give

       16        the gift of life by donating bone marrow to

       17        someone who faces imminent death from a

       18        blood-related decease.

       19                      Through its commitment to the

       20        preservation and enhancement of human life, Bone

       21        Marrow Donor Awareness Week so clearly advances

       22        that spirit of united purpose and shared concern

       23        which is the unalterable manifestation of our

       24        American experience; now, therefore, be it

       25                      RESOLVED, that this legislative







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        1        body pause in its deliberations to memorialize

        2        Governor George E. Pataki to proclaim May 11th

        3        through the 16th, 1998 as Bone Marrow Donor

        4        Awareness Week in New York State; and be it

        5        further

        6                      RESOLVED, that copies of this

        7        resolution, suitably engrossed, be transmitted
to

        8        the Bone Marrow Resource Foundation, the
National

        9        Marrow Donor Program and the New York State

       10        American Red Cross of Syracuse in recognition of

       11        their efforts in educating the public and

       12        assisting those in need of a bone marrow

       13        donation.

       14                      ACTING PRESIDENT FUSCHILLO:

       15        Senator Holland.

       16                      SENATOR HOLLAND:  Mr. President,

       17        as has been said in the resolution, today marks

       18        the start of our annual Bone Marrow Donor

       19        Awareness Week and donor drive in the
Legislative

       20        Office Building.

       21                      For those of you who may not be

       22        aware of how I became involved in the effort to

       23        educate and encourage people about donating bone

       24        marrow, my interest grew out of my respect for
my

       25        predecessor, Senator Gene Levy.







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        1                      It was Senator Levy who

        2        established New York's first Bone Marrow Donor

        3        Awareness Week in 1990 and organized the bone

        4        marrow typing drive.  Unbeknownst to his

        5        colleagues and staff, Gene Levy at that time was

        6        suffering from Leukemia and passed away from the

        7        disease just a few months after the first bone

        8        marrow drive held at the state Capitol in 1990.

        9                      Since then, I have worked to keep

       10        his efforts alive by sponsoring the annual bone

       11        marrow drive with the help of Assemblyman Jeff

       12        Aubry.

       13                      In order to fund the testing for

       14        the annual bone marrow blood testing drive, we

       15        had hosted a Bowl-a-Thon every spring in which

       16        Senators and Assemblymen were asked to
contribute

       17        a $500 entry fee and to send four members of

       18        their staff to bowl in this fund-raising event.

       19        Albany's Playdium Bowling Center, through the

       20        generosity of its owners, Neil and Ruth Luther,

       21        donate the lanes, donate the shoes, donate the

       22        trophies and local businessmen contribute by

       23        supplying food and drinks for the bowlers and

       24        many, many raffle prizes.

       25                      Our first year the Bowl-a-Thon







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        1        raised over $10,000.  The success has continued

        2        to grow with a total of $87,400 raised to offset

        3        the cost of typing drives at the state

        4        Legislature and various government agencies.

        5                      This year's event was again a

        6        tremendous success and we expect to top the

        7        $100,000 mark.

        8                      Our bone marrow drives have helped

        9        add more than 1300 names to the national bone

       10        marrow registry.  More importantly, we have had

       11        ten successful matches and donors typed as part

       12        of this effort and those people saved lives.

       13                      There are three current

       14        legislative staffers we are aware of who have

       15        donated bone marrow in recent months, and I
would

       16        like you to join me in honoring them today.

       17                      Kristin Rummell, who works for

       18        Senator Johnson, donated bone marrow on February

       19        26th to an infant suffering from a blood
disorder

       20        that was detected prior to birth.

       21                      Janet Matthews, who works for the

       22        Legislative Commission on Solid Waste
Management,

       23        donated marrow last November to a 27-year-old

       24        Leukemia patient.

       25                      And Bob Stern, an Assembly staffer







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        1        from the Task Force on Farm, Food and Nutrition

        2        Policy, donated marrow just a few weeks ago to a

        3        38-year-old man suffering from a
life-threatening

        4        blood disorder.

        5                      These people saved individual's

        6        lives, and I would appreciate it very much if
you

        7        would join me in a round of applause for these

        8        individuals who have given the gift of life.

        9        (Applause)

       10                      The money you have donated have

       11        actually saved at least ten lives and we really

       12        do appreciate it.

       13                      Gene Levy did not have the chance

       14        to benefit from his dedication to raising

       15        awareness about bone marrow transplants and the

       16        critical need to increase the number of donors.

       17        That need is especially vital among minority

       18        populations which are under-represented in the

       19        national bone marrow registry.

       20                      So I encourage those of you who

       21        have not joined the bone marrow registry to

       22        consider doing so.  Until 5:30 today and again

       23        tomorrow between 11:30 and 5:00 p.m.,

       24        professionals from the Red Cross will be on hand

       25        on the third floor of the LOB to type potential







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        1        donors.  I hope to see you there and you may
have

        2        the opportunity to save a life.

        3                      Thank you very much for everybody

        4        who's helped.

        5                      ACTING PRESIDENT FUSCHILLO:  Thank

        6        you, Senator.

        7                      SENATOR STAFFORD:  Mr. President.

        8                      ACTING PRESIDENT FUSCHILLO:

        9        Senator Stafford.

       10                      SENATOR STAFFORD:  Very briefly.

       11        I would just second again what Senator Holland

       12        has said and this is something I know a little

       13        something about.  In fact, Senator Skelos'
sister

       14        was part of my very fine people that were

       15        treating me, and I always -- whenever you have

       16        this, I always mention this.

       17                      The last time I saw Gene Levy, he

       18        was sitting over there and he said I've got to
go

       19        to the doctor, and I said since when do you
place

       20        bets at the doctor's office, and as you know,

       21        Gene used to sometimes go over there and we
never

       22        saw him again, and I would just say for those of

       23        us who have been close to this, in addition to

       24        being a friend of Gene Levy's, believe you me,

       25        you can do no more for anyone than to follow the







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        1        suggestions of Senator Holland and, as I say, it

        2        means life.

        3                         ACTING PRESIDENT FUSCHILLO:

        4        Thank you, Senator Stafford.

        5                      The question is on the

        6        resolution.  All in favor signify by saying aye.

        7                      (Response of "Aye".)

        8                      Opposed, nay.

        9                      (There was no response.)

       10                      The resolution is adopted.

       11                      Senator Skelos.

       12                      SENATOR SKELOS:  Mr. President,

       13        with the consent of the Minority, I move that

       14        Calendar Number 740, which is on the order of

       15        second report on the calendar, be advanced to

       16        third reading and have its third reading today.

       17                      ACTING PRESIDENT FUSCHILLO:

       18        Without objection, 740 is advanced to third

       19        reading.

       20                      SENATOR SKELOS:  Mr. President, if

       21        you could take up the non-controversial
calendar.

       22                      ACTING PRESIDENT FUSCHILLO:  The

       23        Secretary will read.

       24                      THE SECRETARY:  Calendar Number

       25        165, by Senator Kuhl, Senate Print 2705-A, an
act







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        1        to amend the Public Health Law, in relation to

        2        adoption.

        3                      ACTING PRESIDENT FUSCHILLO:  Read

        4        the last section.

        5                      THE SECRETARY:  Section 3.  This

        6        act shall take effect immediately.

        7                      ACTING PRESIDENT FUSCHILLO:  Call

        8        the roll.

        9                      (The Secretary called the roll.)

       10                      THE SECRETARY:  Ayes 53.

       11                      ACTING PRESIDENT FUSCHILLO:  The

       12        bill is passed.

       13                      THE SECRETARY:  Calendar Number

       14        247, by member of the Assembly Bragman, Assembly

       15        Print 3599-A, an act to amend the Education Law,

       16        in relation to State University health care.

       17                      ACTING PRESIDENT FUSCHILLO:  Read

       18        the last section.

       19                      THE SECRETARY:  Section 2.  This

       20        act shall take effect immediately.

       21                      ACTING PRESIDENT FUSCHILLO:  Call

       22        the roll.

       23                      (The Secretary called the roll.)

       24                      THE SECRETARY:  Ayes 53.

       25                      ACTING PRESIDENT FUSCHILLO:  The







                                                            3139

        1        bill is passed.

        2                      THE SECRETARY:  Calendar Number

        3        398, by Senator Leibell, Senate Print 6280, an

        4        act to amend Chapter 567 of the Laws of 1993.

        5                      ACTING PRESIDENT FUSCHILLO:  Read

        6        the last section.

        7                      THE SECRETARY:  Section 2.  This

        8        act shall take effect immediately.

        9                      ACTING PRESIDENT FUSCHILLO:  Call

       10        the roll.

       11                      (The Secretary called the roll.)

       12                      THE SECRETARY:  Ayes 53.

       13                      ACTING PRESIDENT FUSCHILLO:  The

       14        bill is passed.

       15                      THE SECRETARY:  Calendar Number

       16        520, by Senator Larkin, Senate Print 6172, an
act

       17        to amend the Insurance Law.

       18                      ACTING PRESIDENT FUSCHILLO:  Read

       19        the last section.

       20                      THE SECRETARY:  Section 3.  This

       21        act shall take effect immediately.

       22                      ACTING PRESIDENT FUSCHILLO:  Call

       23        the roll.

       24                      (The Secretary called the roll.)

       25                      THE SECRETARY:  Ayes 54.







                                                            3140

        1                      ACTING PRESIDENT FUSCHILLO:  The

        2        bill is passed.

        3                      THE SECRETARY:  Calendar Number

        4        523, by Senator Velella, Senate Print 6343, an

        5        act to amend the Insurance Law.

        6                      ACTING PRESIDENT FUSCHILLO:  Read

        7        the last section.

        8                      THE SECRETARY:  Section 2.  This

        9        act shall take effect in 30 days.

       10                      ACTING PRESIDENT FUSCHILLO:  Call

       11        the roll.

       12                      (The Secretary called the roll.)

       13                      THE SECRETARY:  Ayes 54.

       14                      ACTING PRESIDENT FUSCHILLO:  The

       15        bill is passed.

       16                      THE SECRETARY:  Calendar Number

       17        557, by Senator DeFrancisco, Senate Print 6148,

       18        an act in relation to authorizing the town of

       19        Skaneateles to construct.

       20                      ACTING PRESIDENT FUSCHILLO:  There

       21        is a home rule message at the desk.

       22                      THE SECRETARY:  Section 2.  This

       23        act shall take effect immediately.

       24                      ACTING PRESIDENT FUSCHILLO:  Read

       25        the last section.







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        1                      (The Secretary called the roll.)

        2                      THE SECRETARY:  Ayes 54.

        3                      ACTING PRESIDENT FUSCHILLO:  The

        4        bill is passed.

        5                      THE SECRETARY:  Calendar Number

        6        592, by Senator Goodman, Senate Print 6591, an

        7        act to amend the Alcoholic Beverage Control Law.

        8                      ACTING PRESIDENT FUSCHILLO:  Read

        9        the last section.

       10                      THE SECRETARY:  Section 2.  This

       11        act shall take effect immediately.

       12                      ACTING PRESIDENT FUSCHILLO:  Call

       13        the roll.

       14                      (The Secretary called the roll.)

       15                      THE SECRETARY:  Ayes 54.

       16                      ACTING PRESIDENT FUSCHILLO:  The

       17        bill is passed.

       18                      THE SECRETARY:  Calendar Number

       19        593, by Senator Goodman, Senate Print 6593, an

       20        act to amend the Alcoholic Beverage Control Law.

       21                      ACTING PRESIDENT FUSCHILLO:  Read

       22        the last section.

       23                      THE SECRETARY:  Section 3.  This

       24        act shall take effect immediately.

       25                      ACTING PRESIDENT FUSCHILLO:  Call







                                                            3142

        1        the roll.

        2                      (The Secretary called the roll.)

        3                      THE SECRETARY:  Ayes 54.

        4                      ACTING PRESIDENT FUSCHILLO:  The

        5        bill is passed.

        6                      THE SECRETARY:  Calendar Number

        7        644, by Senator Skelos, Senate Print 178, an act

        8        to amend the Civil Practice Law and Rules.

        9                      ACTING PRESIDENT FUSCHILLO:  Read

       10        the last section.

       11                      THE SECRETARY:  Section 2.  This

       12        act shall take effect on the first day of

       13        October.

       14                      ACTING PRESIDENT FUSCHILLO:  Call

       15        the roll.

       16                      (The Secretary called the roll.)

       17                      THE SECRETARY:  Ayes 54.

       18                      ACTING PRESIDENT FUSCHILLO:  The

       19        bill is passed.

       20                      THE SECRETARY:  Calendar Number

       21        650, by Senator Volker, Senate Print 6156, an
act

       22        to amend the Penal Law.

       23                      ACTING PRESIDENT FUSCHILLO:  Read

       24        the last section.

       25                      THE SECRETARY:  Section 3.  This







                                                            3143

        1        act shall take effect on the first day of

        2        November.

        3                      ACTING PRESIDENT FUSCHILLO:  Call

        4        the roll.

        5                      (The Secretary called the roll.)

        6                      THE SECRETARY:  Ayes 54.

        7                      ACTING PRESIDENT FUSCHILLO:  The

        8        bill is passed.

        9                      THE SECRETARY:  Calendar Number

       10        651, by Senator Holland, Senate Print 6174-B, an

       11        act to amend the Criminal Procedure Law.

       12                      ACTING PRESIDENT FUSCHILLO:  Read

       13        the last section.

       14                      THE SECRETARY:  Section 3.  This

       15        act shall take effect immediately.

       16                      ACTING PRESIDENT FUSCHILLO:  Call

       17        the roll.

       18                      (The Secretary called the roll.)

       19                      THE SECRETARY:  Ayes 54.

       20                      ACTING PRESIDENT FUSCHILLO:  The

       21        bill is passed.

       22                      THE SECRETARY:  Calendar Number

       23        659, by Senator Cook, Senate Print 722, an act
to

       24        amend the Executive Law.

       25                      ACTING PRESIDENT FUSCHILLO:  Read







                                                            3144

        1        the last section.

        2                      THE SECRETARY:  Section 2.  This

        3        act shall take effect in 90 days.

        4                      ACTING PRESIDENT FUSCHILLO:  Call

        5        the roll.

        6                      (The Secretary called the roll.)

        7                      THE SECRETARY:  Ayes 54.

        8                      ACTING PRESIDENT FUSCHILLO:  The

        9        bill is passed.

       10                      THE SECRETARY:  Calendar Number

       11        663, by Senator Alesi, Senate Print 5118, an act

       12        to amend the Executive Law.

       13                      ACTING PRESIDENT FUSCHILLO:  Read

       14        the last section.

       15                      THE SECRETARY:  Section 2.  This

       16        act shall take effect on the 90th day.

       17                      ACTING PRESIDENT FUSCHILLO:  Call

       18        the roll.

       19                      (The Secretary called the roll.)

       20                      THE SECRETARY:  Ayes 54.

       21                      ACTING PRESIDENT FUSCHILLO:  The

       22        bill is passed.

       23                      THE SECRETARY:  Calendar Number

       24        705, by Senator Velella, Senate Print 6423, an

       25        act to amend the New York City Civil Court Act.







                                                            3145

        1                      ACTING PRESIDENT FUSCHILLO:  Read

        2        the last section.

        3                      THE SECRETARY:  Section 4.  This

        4        act shall take effect immediately.

        5                      ACTING PRESIDENT FUSCHILLO:  Call

        6        the roll.

        7                      (The Secretary called the roll.)

        8                      THE SECRETARY:  Ayes 54.

        9                      ACTING PRESIDENT FUSCHILLO:  The

       10        bill is passed.

       11                      THE SECRETARY:  Calendar Number

       12        740, by Senator Larkin, Senate Print 6731, an
act

       13        to amend the Racing, Pari-mutuel Wagering and

       14        Breeding Law.

       15                      ACTING PRESIDENT FUSCHILLO:  Read

       16        the last section.

       17                      THE SECRETARY:  Section 2.  This

       18        act shall take effect immediately.

       19                      ACTING PRESIDENT FUSCHILLO:  Call

       20        the roll.

       21                      (The Secretary called the roll.)

       22                      THE SECRETARY:  Ayes 54.

       23                      ACTING PRESIDENT FUSCHILLO:  The

       24        bill is passed.

       25                      Senator Larkin, that completes the







                                                            3146

        1        reading of the calendar.

        2                      SENATOR LARKIN:  Is there any

        3        housekeeping at the desk, Mr. President?

        4                      ACTING PRESIDENT FUSCHILLO:  No.

        5                      SENATOR LARKIN:  There being no

        6        further business -

        7                      SENATOR PATERSON:  Mr. President.

        8                      ACTING PRESIDENT FUSCHILLO:

        9        Senator Paterson.

       10                      SENATOR PATERSON:  I didn't want

       11        the session to end without advising Senator

       12        Larkin what an excellent presentation there was

       13        for the West Point Academy last week, which I

       14        could have told him in person, but I wanted to

       15        break up the no-hitter.

       16                      Thank you, Mr. President.

       17                      ACTING PRESIDENT FUSCHILLO:

       18        Senator Farley.

       19                      SENATOR FARLEY:  Thank you, Mr.

       20        President.

       21                      SENATOR LARKIN:  Senator Farley.

       22                      SENATOR FARLEY:  Thank you,

       23        Senator Larkin and Mr. President.

       24                      I just wanted to make an

       25        announcement.  There will be a 4:30 meeting of







                                                            3147

        1        the Banks Committee in Room 124.

        2                      ACTING PRESIDENT FUSCHILLO:  There

        3        will be a 4:30 meeting of the Banking Committee

        4        in Room 124.

        5                      Senator Larkin.

        6                      SENATOR LARKIN:  I move we adjourn

        7        now until Tuesday, May the 12th, at 3:00 p.m.

        8                      ACTING PRESIDENT FUSCHILLO:  On

        9        motion, the Senate stands adjourned until

       10        Tuesday, May 12th, at 3:00 p.m.

       11                      (Whereupon, at 3:25 p.m., the

       12        Senate adjourned.)

       13

       14

       15

       16

       17