Regular Session - February 1, 1999
206
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 1, 1999
3:10 p.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 everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: In the absence of
clergy, may we all bow our heads in a moment
of silence, please?
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Friday, January 29th, the Senate met pursuant
to adjournment. The Journal of Thursday,
January 28, was read and approved. On motion,
the Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
208
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator
Marcellino, from the Committee on
Environmental Conservation, reports:
Senate Print 169, by Senator
Larkin, an act to amend the Navigation Law;
773, by Senator Stafford, an act
to amend the Environmental Conversation Law;
775, by Senator Stafford, an act to
amend the Environmental Conservation Law;
1128, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
1129, by Senator Marcellino, an act
to amend the Environmental Conservation Law;
and
1130, by Senator Marcellino, an act
to amend the Environmental Conservation Law.
Senator Volker, from the Committee
on Codes, reports:
Senate Print 120, by Senator Rath,
an act to amend the Criminal Procedure Law;
137, by Senator Nozzolio, an act to
amend the Penal Law;
209
725, by Senator Volker, an act to
amend the Penal Law;
813, by Senator Hannon, an act to
amend the Criminal Procedure Law;
859, by Senator Balboni, an act to
amend the Penal Law;
973, by Senator Skelos, an act to
amend the Penal Law;
1016, by Senator Skelos, an act to
amend the Penal Law;
1017, by Senator Skelos, an act to
amend the Criminal Procedure Law;
1122, by Senator Goodman, an act to
amend the Penal Law;
1241, by Senator Balboni, an act to
amend the Criminal Procedure Law;
1589, by Senator Johnson, an act to
amend the Penal Law; and
1592, by Senator Volker, an act to
amend the Penal Law and others.
Senator Rath, from the Committee on
Local Government, reports:
Senate Print 758, by Senator
Johnson, an act to amend the Real Property Tax
Law;
210
817, by Senator Hannon, an act to
amend the Real Property Tax Law;
924, by Senator Meier, an act to
amend the Real Property Tax Law; and
1072, by Senator Rath, an act to
amend the Real Property Tax Law.
All bills ordered direct for third
reading.
THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
Reports of select committees.
Communications and reports from
State officers.
Motions and resolutions.
Senator Skelos.
Senator Farley, first.
SENATOR SKELOS: Madam
President -
THE PRESIDENT: Excuse me.
SENATOR FARLEY: Thank you, Madam
President.
On behalf of Senator Trunzo, on
page 7, I offer the following amendments to
Calendar 47:
211
Senate Print 1076, and I ask that
this bill retain it's place in the Third
Reading Calendar.
THE PRESIDENT: The amendment's
received and the bill will retain it's place
on the Third Reading Calendar.
SENATOR FARLEY: On behalf of
Senator Lack, Madam President, I move that the
following bills be discharged from their
respective committees an be recommitted with
instructions to strike the enacting clause:
Senate Print 1443 and Senate Print
1449.
THE PRESIDENT: So ordered.
Senator Skelos.
SENATOR SKELOS: Yes, Madam
President, if there are no other motions,
could we please have the non-controversial
reading of the calendar?
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
4, by Senator Skelos, Senate Print 12A, an act
to amend the Penal Law in relation to failure
to report a sexual assault of a child.
212
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 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
10, by Senator Volker, Senate Print 145, an
act to amend the Criminal Procedure Law in
relation to preclusion of evidence.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
12, by Senator Volker, Senate Print 393, an
213
act to amend the Penal Law in relation to
consecutive terms of imprisonment.
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 51. Nays 1.
Senator Montgomery recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
31, by Senator Marcellino, Senate Print 824,
an act to amend the Penal Law in relation to
criminally negligent homicide.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect on the 1st day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
214
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
32, by Senator Balboni, Senate Print 857.
SENATOR BALBONI: Set the bill
aside.
THE PRESIDENT: The bill is laid
aside.
SENATOR BALBONI: For the day.
THE PRESIDENT: For the day.
Thank you.
THE SECRETARY: Calendar Number
53, by Senator Balboni, Senate Print 858, an
act to amend the Insurance Law in relation to
eliminating the examination fee for consultant
licenses.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 6, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 52.
THE PRESIDENT: The bill is
215
passed.
THE SECRETARY: Calendar Number
55, by Senator Farley, Senate Print 1164, an
act to amend the Banking Law and others in
relation to including the Uniform Transfer to
Minors Act.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 9, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar number
56, by Senator Farley, Senate Print 1165, an
act to amend the Banking Law and the Criminal
Procedure Law in relation to the regulation of
licensed transmitters of money.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 4, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
216
(The Secretary called the roll.)
THE SECRETARY: Ayes 54.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
62, by Senator Meier, Senate Print 1028, an
act to amend the Education Law in relation to
compensation paid to the commissioners of the
Hamilton College Sewer District.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect immediately.
THE PRESIDENT: All the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 54.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
non-controversial reading of the calendar.
SENATOR SKELOS: Madam President,
is there any housekeeping at the desk?
THE PRESIDENT: No, there is not,
Senator.
SENATOR SKELOS: There being no
217
further business, I move we adjourn until
Tuesday, February 2nd, at 11 a.m.
THE PRESIDENT: On motion, the
Senate stands adjourned until Tuesday,
February 2nd, at 11 a.m.
SENATOR SKELOS: Madam President,
I believe Senator Paterson wants to make a
quick announcement.
THE PRESIDENT: We are not
adjourned yet.
Senator Paterson, you have an
announcement that you'd like to make?
SENATOR PATERSON: Thank you,
Madam President.
There will be an immediate meeting
of the Minority in the Minority Conference
Room, Room 314.
Repeating, there will be an
immediate meeting of the Minority in
Conference Room 315 -- 314.
Thank you.
THE PRESIDENT: Senator Paterson
has just announced there will be an immediate
meeting of the Minority in Room -
314, Senator?
218
SENATOR PATERSON: 314, yes.
THE PRESIDENT: -- 314.
All right. Adjourned until
Tuesday, February 2nd, 11 a.m.
(Whereupon, at 3:17 p.m., the
Senate adjourned.)