Regular Session - March 9, 1999
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
March 9, 1999
3:03 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 that everyone present please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
THE PRESIDENT: The invocation
today will be given by Bishop Matthew Clark,
Roman Catholic Diocese of Rochester.
Welcome Bishop.
BISHOP CLARK: Thank you very
much.
I'm honored to be with you and to
offer a prayer for the people of our State and
for yourselves in their service.
All that God has created and
sustains, all the events God guides and all
human works that are good and have good
purpose prompt those who believe to praise and
bless the Lord with hearts and voices.
God is the source and origin of
every blessing. In prayer we proclaim our
belief that all things work together for the
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good of those who fear and love the Lord. We
are sure that in all things we must seek the
help of God, so that in complete reliance in
God's will we may do everything in God's
glory.
And so we pray. Eternal God, from
the abundance of your mercy, enrich these,
your servants, and safeguard them, give them
new life and strength of spirit so that the
power of Your love will enable them to
accomplish what is right and good.
Strengthened by Your blessing, that they
always be thankful to you and bless You with
unending joy.
Hear us, answer us with Your
blessing. We praise You and thank You
forever, for You are God in all times and
ages, Amen.
My best wishes to you all. And my
thanks to you for your hospitality. Nice to
be with you.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate, Monday
March 8th. The Senate met pursuant to
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adjournment. The Journal of Friday, March
5th, 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.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
SENATOR SKELOS: Madam President,
if you could just recognize Senator Lack.
THE PRESIDENT: Senator Lack is
so recognized.
SENATOR LACK: Thank you, Madam
President. There will be an immediate meeting
of the Judiciary Committee for purposes of a
confirmation and one Bill in Room 332, the
Senate Majority Conference Room, immediately,
please.
THE PRESIDENT: There will be an
immediate meeting of the Senate Judiciary
Committee in Room 332 immediately.
The Secretary will read.
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THE SECRETARY: Senator Spano,
from the Committee on Labor, reports the
following Bills:
Senate Print 1453, by Senator
Spano, an act to amend the Labor Law and the
Public Health Law;
3314, by Senator Spano, an act to
amend the Workers' Compensation Law; and
3315, by Senator Spano, an act to
amend the Workers' Compensation law.
Senator Rath, from the Committee on
Local Government, reports:
Senate Print 734, by Senator
Stafford, an act to authorize the Village of
Saranac Lake;
1027, by Senator Meier, an act in
relation to the creation of fire protection
district;
1195, by Senator Lack, an act in
relation to certain assessment decisions;
1856, by Senator LaValle, an act to
amend the Town Law;
1965, by Senator LaValle, an act to
amend the General Municipal Law;
1966, by Senator LaValle, an act to
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amend the General Municipal Law;
1968, by Senator LaValle, an act to
amend the Town Law;
2459, by Senator LaValle, an act to
amend the General Municipal Law;
2534, by Senator Larkin, an act to
amend the General Municipal Law; and
2680, by Senator LaValle, an act to
amend the General Municipal Law;
Senator Trunzo, from the Committee
on Transportation, reports:
Senate Print 1103, by Senator
Goodman, an act to amend the Transportation
Law;
2289, by Senator Farley, an act to
amend the Vehicle and Traffic Law;
2324, by Senator Bonacic, an act to
amend the Public Authorities Law and the
Highway Law;
2765, by Senator Kuhl, an act to
amend the Highway Law;
2788, by Senator Johnson, an act to
amend the Vehicle and Traffic Law;
2873, by Senator McGee, an act to
amend the Highway Law;
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2948, by Senator Rath, an act to
amend the Vehicle and Traffic Law;
3192, by Senator Trunzo, an act to
amend the Vehicle and Traffic Law; and
3278, by Senator Trunzo, an act in
relation to requiring.
Senator Alesi, from the Committee
on Commerce, Economic Development and Small
Business, reports:
Senate Print 550, by Senator
DeFrancisco, an act to amend the Economic
Development Law and the New York State Urban
Development Corporation Act; and
2063, by Senator LaValle, an act to
amend the Public Authorities Law.
Senator Meier, from the Committee
on Veterans and Military Affairs, reports:
Senate Print 2838, by Senator
LaValle, an act in relation to employees;
3044, by Senator Kuhl, an act to
amend the Military Law; and
3162, by Senator Meier, an act to
amend Chapter 271 of the Laws of 1994.
Senator Saland, from the Committee
on Children and Families, reports:
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Senate Print 15A, by Senator
Holland, an act to amend the Domestic
Relations Law;
253, by Senator Holland, an act to
amend the Family Court Act;
1828, by Senator Saland, an act to
amend the Social Services Law;
1829, by Senator Saland, an act to
amend the Social Services Law;
2028, by Senator Goodman, an act to
amend the Social Services Law; and
2721, by Senator Saland, an act to
amend the Family Court Act.
Senator Goodman, from the Committee
on Investigations, Taxation and Government
Operations, reports:
Senate Print 1780, by Senator
Farley, an act to amend the Public Officers
Law;
1849, by Senator Stafford, an act
to amend the Executive Law;
2886, by Senator Bonacic, an act to
amend the Tax Law;
2899, by Seward, an act to amend
the Tax Law; and
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3152, by Senator Kuhl, an act to
amend the Tax Law.
All bills ordered direct for third
reading.
THE PRESIDENT: Without
objection, all bills ordered direct to third
reading.
Reports of select committees.
Communications and reports from
State officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Madam President,
I move that we adopt the Resolution Calendar
in its entirety.
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 Skelos.
SENATOR SKELOS: Madam President,
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if we could take up the non-controversial
calendar.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
107, by Senator Nozzolio, Senate Print 637 an
act to amend the Correction Law and the Public
Health Law in relation to testing inmates.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
148, by Senator Lack, Senate Print 1143, an
act to amend the Labor Law in relation to
direct sellers.
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: It's laid aside.
THE SECRETARY: Calendar Number
158, by Senator LaValle, Senate Print 2521, an
act to amend the Education Law in relation to
the functions of the chief fiscal officer.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect immediately.
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THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
175, by Senator Wright, Senate Print 1232, an
act to amend the Penal Law in relation to
including possession of an automated teller
machine card.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3, this
act shall take effect to the 1st day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
178, by Senator Padavan, Senate Print 1397, an
act to amend the Penal Law in relation to
making citizenship documentation fraud in of
the first degree.
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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 46. Nays 1.
Senator Duane recorded in the
negative.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
179, by Senator Padavan, Senate Print 1398 -
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
217, by Senator Trunzo, Senate Print 1666, an
act to amend the Eminent Domain Procedure Law
in relation to acquisition of land by the
State.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
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act shall take effect in 30 days.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 47.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
225, by Senator Rath, Senate Print 124, an act
to amend the General Municipal Law in relation
to alternative methods.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3, this
act shall take effect on the 60th day.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
229, by Senator Padavan, Senate Print 1388, an
act to amend the General Municipal Law in
relation to reporting information to the
United States Immigration and Naturalization
Service.
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THE PRESIDENT: Read -
SENATOR PATERSON: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
230, by Senator Leibell, Senate Print 1980, an
act to amend the Real Property Tax Law in
relation to allowing municipalities.
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 51.
THE PRESIDENT: The bill is
passed.
Senator Skelos, that completes the
non-controversial reading of the calendar.
SENATOR SKELOS: Madam President,
if we could go to the controversial calendar,
starting with Senator Lack's bill, Calendar
Number 148.
THE PRESIDENT: The Secretary
will read.
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THE SECRETARY: Calendar Number
148, by Senator Lack, Senate Print 1143, an
act to amend the Labor Law in relation to
direct sellers.
THE PRESIDENT: Senator Libous,
did you want to be recognized, sir?
SENATOR LIBOUS: Madam President,
could I have unanimous consent to be recorded
in the negative on Calendar Number 158,
please?
THE PRESIDENT: Senator is so
recorded in the negative.
SENATOR LIBOUS: Thank you.
THE PRESIDENT: Senator
Stachowski.
SENATOR STACHOWSKI: On the bill
in front of us, the Lack bill.
I'd like to point out that the
AFL-CIO has a Memo of Opposition, and in their
memo they cite that the Governor has a task
force right now in looking at all of the
issues that have to do with independent
contractor status. And they suggest that,
because of that task force currently doing
that work, that they would prefer that if this
861
bill was held until after the task force
rendered its report.
I'm just pointing that out for
everybody before they vote so they understand
that the AFL has an objection and that they
would prefer if the bill was held.
Thank you.
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: Those recorded in
the negative on Calendar Number 148 are
Senators Duane, Onorato and Satvisky.
Ayes 50. Nays 3.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
107, by Senator Nozzolio, Senate Print 637, an
act to amend the Correction Law and the Public
Health Law.
SENATOR SKELOS: Lay it aside
temporarily.
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THE PRESIDENT: The bill is laid
aside temporarily.
THE SECRETARY: Calendar Number
179, by Senator Padavan, Senate Print 1398, an
act to amend the Penal Law in relation to
making unlawful immigration a Class C Felony.
SENATOR PATERSON: Explanation.
THE PRESIDENT: Senator Padavan,
an explanation has been requested.
SENATOR PADAVAN: What this
proposed law seeks to do is expand our current
forfeiture law to allow the seizure of
instrumentalities that are used when
individuals or organizations or groups smuggle
illegal aliens into this country for financial
gain.
SENATOR PATERSON: Would Senator
Padavan yield for a question?
THE PRESIDENT: Senator Paterson,
do you wish to be recognized?
SENATOR PATERSON: Yes. Would
Senator Padavan yield for a question?
SENATOR PADAVAN: Yes.
THE PRESIDENT: Senator, do you
yield?
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All right -
SENATOR PADAVAN: Yes, I do,
Madam President.
THE PRESIDENT: You may proceed
with a question, Senator Paterson.
SENATOR PATERSON: Senator, being
that this legislation that you're proposing
has already been established as federal law,
what do you see as the need to adopt it on the
State level?
SENATOR PADAVAN: Well, first,
Senator, we should be aware of the fact that
this is not an academic issue. You may have
recalled reading in The New York Times in
December, December past, of a huge smuggling
operation that had been uncovered between
Canada and the northern part of our state
where in one year alone 12,000 people have
been smuggled across the border, into New York
State, were using various means, boats,
trucks, cars and the like. The same
operation, according to the Justice
Department, had been responsible over a
three-year period of smuggling over 24,000
individuals.
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So I think New York State, because
most of these people were headed directly to
our urban centers, including New York City, I
think it serves the best interest of this
state in two ways:
First, it allows us to seize those
assets and they become part of those funds
which, as you know, are used 50 percent for
local programs, including school, training and
education, prevention, drug and alcohol
prevention and education, and local law
enforcement. So we gain the asset.
But, also, I think it's a deterrent
in some measure to the activity at hand as it
relates specifically to New York State.
Obviously, the federal government
has not done the job that we would like it to
do; otherwise, this operation would not have
been going on for three years before it was
finally discovered. So in any way, shape or
form we can add to the level of illegality, in
this case by seizure of assets, I believe
that's a positive move.
SENATOR PATERSON: Thank you,
Senator Padavan.
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Madam President, on the bill.
THE PRESIDENT: Go ahead,
Senator.
SENATOR PATERSON: I would have
felt certainly more assured that this
legislation, which, as I said before, already
has been passed and adopted on the federal
level, would be applied to the State if the
same Justice Department from which Senator
Padavan derived his statistics had advised
that it would be a good idea for there to be
concurrent prosecutions of this offense on the
federal and state level. Otherwise, without
the appropriate United States attorneys,
whether it be in the Northern District or
other parts of this state, not giving any
guidance or alerting us to the need for us to
have our own state prosecutors in our 62
counties involved, I don't see the need to
pass this law on two levels of government.
THE PRESIDENT: Senator Padavan.
SENATOR PADAVAN: Madam
President, I'd like just to advise Senator
Paterson, my dear colleague, that in 1984,
this Legislature, and I was proud to have been
866
the prime sponsor of the mover of that
legislation, adopted a very broad civil and
criminal forfeiture law which was already in
place, to a degree, at the federal level. And
it gave this State and our local prosecutors
the opportunity to seize assets, which last
year alone put $14 million into a fund
administered by the Comptroller, which is used
to enhance local law enforcement and also
became a prime source of funding for drug
treatment, education and prevention.
So the fact that the federal
government has a statute, does not preclude us
from accumulating whatever benefit we can
accumulate, both in terms of deterrence and
assets.
Frankly, I think, since those
people who were coming into New York State by
the thousands, becoming a burden at all levels
of our government, whatever assets we could
seize in the process, we well deserved.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3, this
act shall take effect on the 1st day of
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November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 179 are
Senators Duane, Gonzalez, Markowitz, Meier,
Nanula, Paterson, Rosado, Sampson, Santiago,
Seabrook, Smith and Satvisky.
Ayes 43. Nays 12.
THE PRESIDENT: The bill is
passed.
The Secretary will announce the
results.
THE SECRETARY: In relation to
Calendar Number 179, in the negative also
Senators Montgomery and Waldon.
Ayes 41. Nays 13.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
229, by Senator Padavan, Senate Print 1388 -
SENATOR PADAVAN: Madam
President, at the request of Senator Paterson,
I'm going to star, I'm going to star this
bill.
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SENATOR PATERSON: Thank you.
THE PRESIDENT: The bill is
starred.
SENATOR PADAVAN: At the request
of the sponsor and Senator Paterson.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
if we could return to reports of standing
committees, I know that Senator Lack is on his
way in and there's a report of the Judiciary
Committee.
THE PRESIDENT: All right.
SENATOR SKELOS: I ask that it be
read.
THE PRESIDENT: Thank you,
Senator. In the interim we will have the
reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports the
following bill direct to third reading:
Senate Print 114, by Senator
Skelos, an act to amend the Domestic Relations
Law and the Penal Law.
THE PRESIDENT: Without
869
objection, the bill is directed to third
reading.
Senator Lack.
SENATOR LACK: Thank you, Madam
Chairman. I rise to move the -
Are we on?
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Senator Lack,
from the Committee on Judiciary, reports -
offers up the following nomination:
As a judge of the Montgomery County
Court, Felix J. Catena, of Amsterdam.
THE PRESIDENT: Senator Lack do
you wish to be recognized at this time?
SENATOR LACK: Thank you, Madam
President.
I rise to move the nomination of
Felix J. Catena as a judge of the Montgomery
County Court.
He has been nominated by the
Governor as an excellent nomination. He
appeared before the Committee today. His
credentials have been examined by the staff of
the Committee and have been found to be in
870
excellent working order. He was unanimously
approved by the Committee and moved to the
floor for consideration at this time.
And I would most respectfully yield
to Senator Farley for purposes of a second.
THE PRESIDENT: Senator Farley.
SENATOR FARLEY: Thank you, Madam
President.
THE PRESIDENT: You're welcome.
SENATOR FARLEY: It's a distinct
pleasure and an honor for me to nominate a
young man that I've known for quite a few
years and his family, Felix Catena, who is a
city court judge in the City of Amsterdam, an
assistant -- former corporation counsel,
former assistant district attorney, been
involved in the private practice of law, he
was a prosecuting attorney with the United
States Department of Labor, and has been an
associate in law firms.
And let me just say that he comes
from one of the most remarkable families, not
only in Montgomery County, but in New York
State. His father, Gene Catena, who is with
us, and -- Judge Gene Catena, who is in the
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gallery was a distinguished judge for many,
many years in Montgomery County. His paternal
grandfather and namesake, Felix Aulisi, who
was his mother's dad, was not only an
outstanding Supreme Court justice but a member
of the Appellate Division. And his great
uncle, Arthur Aulisi, also a renowned Supreme
Court justice.
I'll tell you, this guy, truly,
like in the horse racing business, comes from
great breeding.
Judge Catena is one of seven
children. And I just want to tick off Judge
Gene Catena's family and children. And let me
just -- Cornelio Catena, he's president and a
chief executive officer of the Amsterdam
Memorial Hospital. His brother, Gene Catena,
is a Major in the United States Army. John
Catena is a marine biologist on the National
Oceanic Atmospheric Administration. Thomas
Catena is a physician in family practice
residency. And Paul Catena, who is up there,
wave, Paul, is a member of the Senate family,
Director of the Social Services Committee,
with Senator Joseph Holland. And, of course,
872
it looks like the baby of the family, Ann
Catena, is Director of Corporate Development
for Operations Smile.
What a remarkable young man this
is. He was educated at the American
University, is an undergraduate where I went
to law school, and was a graduate of
University -- of a law school in California,
is a member of the District of Columbia Bar,
the California Bar and the New York Bar.
But let me just say this, how
pleased and honored I am that the Governor has
selected this remarkable young man to be the
county court judge for Montgomery County.
There is no family that I know of
that has a greater influence or respect within
this, within this county than the Catena
family and the Aulisi family, of which he is
part of both.
It is with a great deal of pleasure
and honor that I nominate and urge the
selection of Felix J. Catena as judge of the
Montgomery County Court.
And I would ask you, Madam
President, to acknowledge his family, which
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practically fills up the center part of the
gallery up there, with his wife and his two
children. And I think you've got another one
at home; do you?
JUDGE CATENA: Yes.
SENATOR FARLEY: Yeah. Is it
Gene?
JUDGE CATENA: Yes.
SENATOR FARLEY: Age four?
JUDGE CATENA: Yes.
SENATOR FARLEY: He, apparently,
is busy with his paper route or something. I
don't know where -- he's not here with us.
But even more important, his 90 -
he has longevity in his family. His
95-year-old grandmother, the wife of the late
Felix, Judge Felix Aulisi, could not be with
us today, but I'm sure that she's with us in
spirit and this is being taped and so forth,
and we'll make sure that she knows about it.
Madam President, I would ask you to
acknowledge the family and Judge Catena.
THE PRESIDENT: Thank you,
Senator.
First of all, the question is on
874
the nomination of Felix J. Catena as judge of
the Montgomery County Court.
All in favor, signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: Felix J. Catena
is hereby confirmed as judge of the Montgomery
County Court.
(Applause.)
THE PRESIDENT: At this time, in
my capacity as President of the Senate, as
well as the former D.A. and judge in this
region, well aware of the excellence of both
you, Judge Catena, and your family, I'd like
to recognize you, as the judge of the
Montgomery County Court; your wife, Barbara;
your children, who are also here, Michela and
Alexandra; your father, Retired Judge Gene
Catena; brothers, Cornelio, John and Paul;
Grandmother Rose Aulisi; and other family
members are hereby recognized. Welcome to the
Senate. May you have a wonderful celebration
this special day.
875
MR. CATALFAMO: Thank you very
much.
THE PRESIDENT: Congratulations.
(Applause.)
THE PRESIDENT: The Secretary
will read.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If we could
return to the controversial calendar and call
up Calendar Number 107.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
107, by Senator Nozzolio, Senate Print 637 an
act to amend the correction Law and the Public
Health Law in relation to testing inmates for
transmissible diseases.
THE PRESIDENT: Read the last
section.
SENATOR DOLLINGER: Explanation.
SENATOR SKELOS: Lay it aside for
the day.
THE PRESIDENT: The bill is laid
aside for the day, Senator.
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SENATOR SKELOS: Is there any
housekeeping at the desk, Madam President?
THE PRESIDENT: No, Senator,
there is no housekeeping at the desk.
SENATOR SKELOS: There being no
further business, I move we adjourn until
Wednesday, March 20th, at 11 a.m.
THE PRESIDENT: On motion, the
Senate now stands adjourned until Wednesday,
March 10th 11 a.m.
(Whereupon, at 3:33 p.m., Senate
adjourned.)