Regular Session - January 26, 1999

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                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD







                             ALBANY, NEW YORK

                             January 26, 1999

                                11:04 a.m.



                              REGULAR SESSION





                 LT. GOVERNOR MARY O. DONOHUE, President

                 STEVEN M. BOGGESS, Secretary





















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                           P R O C E E D I N G S

                            THE PRESIDENT:    The Senate will

                 come to order.

                            I ask that everyone present please

                 rise and repeat with me the Pledge of

                 Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance.)

                            THE PRESIDENT:    In the absence of

                 clergy, may we bow our heads in a moment of

                 silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            THE PRESIDENT:    Reading of the

                 Journal.

                            THE SECRETARY:    In Senate,

                 Monday, January 25th, the Senate met pursuant

                 to adjournment.  The Journal of Friday,

                 January 22nd, was read and approved.  On

                 motion, Senate adjourned.

                            THE PRESIDENT:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.





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                            Messages from the Governor.

                            Reports of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Padavan,

                 from the Committee on Cities, reports:

                            Senate Print 1182, by Senator

                 Padavan, an act to amend the New York City

                 Charter.

                            Senator LaValle, from the Committee

                 on Higher Education, reports:

                            Senate Prints Number 31, by Senator

                 LaValle, an act to amend the Education Law;

                            808, by Senator Maziarz, an act to

                 amend the Education Law;

                            1028, by Senator Meier, an act to

                 amend the Education Law;

                            1263, by Senator LaValle, an act to

                 amend the Education Law.

                            All bills directly for third

                 reading.

                            THE PRESIDENT:    Without

                 objection, all bills ordered direct to third

                 reading.

                            Reports of select committees.

                            Communications and reports from





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                 State officers.

                            Motions and resolutions.

                            Recognize Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 at this time, may we please adopt the

                 Resolution Calendar?

                            THE PRESIDENT:    All those in

                 favor of adopting the Resolution Calendar,

                 signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The Resolution

                 Calendar is adopted.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, on behalf of Senator Johnson,

                 please place a sponsor star on Calendar Number

                 44, please.

                            THE PRESIDENT:    So ordered.

                            SENATOR FUSCHILLO:    Thank you.

                            THE PRESIDENT:    You're welcome.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 at this time, may we please have the





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                 non-controversial reading of the calendar?

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 19, by Senator Skelos, Senate Print 630, an

                 act to amend the Town Law in relation to

                 authorizing.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2, this

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 37.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 20, by Senator Rath, Senate Print 675, an act

                 to amend the General Municipal Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 10, this

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)





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                            THE SECRETARY:    Ayes 38.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 22, by Senator Alesi, Senate Print 181, an act

                 to amend the Penal Law in relation to the

                 crime of failure to obey.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2, this

                 act shall take effect on the 1st day of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 38.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 26, by Senator Volker, Senate Print 729, an

                 act to amend the Penal Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 4, this

                 act shall take effect on the 1st day of

                 November.





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                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 39.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar number

                 27, by Senate Johnson, Senate Print 757, an

                 act to amend the Penal Law in relation to

                 establishing.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2, this

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 39.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 28, by Senator Goodman, Senate Print 789, an

                 act to amend the Penal Law in relation to

                 consecutive terms.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2, this





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                 act shall take effect on the 1st day of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 40.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 30, by Senator Marcellino, Senate Print 822,

                 an act to amend the Criminal Procedure Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 4, this

                 act shall take effect on the 30th day.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 40.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there any housekeeping at the desk?

                            THE PRESIDENT:    No, there is not,

                 Senator.

                            SENATOR SKELOS:    There being no





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                 further business, I move we adjourn until

                 Monday, February 1st, at 3 p.m., intervening

                 days being Legislative days.

                            THE PRESIDENT:    On motion, the

                 Senate stands adjourned until Monday, February

                 1st, at 3 p.m., intervening days being

                 Legislative days.

                            Have a good day, everyone.

                            (Whereupon, at 11:10 a.m., the

                 Senate adjourned.)