Regular Session - April 26, 1999
2299
NEW YORK STATE SENATE
THE
STENOGRAPHIC RECORD
ALBANY, NEW YORK
April 26, 1999
3:07 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 bow our heads in a moment of
silence, please.
(Whereupon, a moment of silence was
observed.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Sunday, April 25th. The Senate met pursuant
to adjournment. The Journal of Saturday,
April 24th 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.
2301
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator McGee.
SENATOR McGEE: Thank you, Madam
President. Madam President, I offer the
following amendments. Amendments are offered
to the following Third Reading Calendar bills:
Sponsored by Senator Johnson, page
12, Calendar Number 45, Senate Print 978;
Sponsored by Senator Meier, page
19, Calendar 248, Senate Print 3165-A;
Sponsored by Senator Spano, page
25, 371 Calendar Number, Senate Print 1469;
Sponsored by Senator Bonacic, page
number 26, Calendar Number 387, Senate Print
3304;
Sponsored by Senator Goodman, page
37, Calendar Number 549, Senate Print 2753;
Sponsored by Senator Bonacic, page
number 37, Calendar Number 560, Senate Print
3715;
Sponsored by Senator Johnson, page
number 12, Calendar Number 44, Senate Print
2302
Number 977.
Madam President, I now move that
these bills retain their place on the order of
third reading.
THE PRESIDENT: The amendments
are received, Senator McGee, and the bills
will retain their place on the Third Reading
Calendar.
SENATOR McGEE: Thank you, Madam
President.
THE PRESIDENT: You are welcome.
Senator Skelos.
SENATOR SKELOS: Madam President,
on behalf of Senator Stafford, the will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
THE PRESIDENT: There will be an
immediate meeting of the Finance Committee in
the Majority Conference Room.
SENATOR SKELOS: Madam President,
I believe there is a privileged resolution at
the desk sponsored by Senator DeFrancisco.
May we please have the title read and move for
its immediate adoption.
THE PRESIDENT: The Secretary
2303
will read.
THE SECRETARY: By Senator
DeFrancisco, Legislative Resolution
recognizing the White Ribbon Campaign
sponsored by Vera House of Syracuse, New York,
to take place the week of April 24th to May
2nd, 1999.
THE PRESIDENT: Senator
DeFrancisco.
SENATOR DeFRANCISCO: Thank you,
Madam President. This is the fifth year that
the Vera House has conducted the White Ribbon
Campaign throughout the central New York area.
And it is basically a campaign to bring
people's awareness to this very, very serious
issue of domestic violence.
Some of the statistics are actually
staggering. That there is an act of physical
violence on a woman in a household every three
minutes. That at least 25 percent of women
who are beaten are pregnant during the course
of the beating, and that three million
children on an annual basis observe acts of
physical violence. We wonder why we see these
outrageous activities on behalf of young
2304
people throughout the country when we see this
type of activity occurring at home.
Vera House has conducted this
campaign for five years and each year we bring
this to the Senate so that we can spread this
type of message throughout the State of New
York. I usually bring with me a hundred white
ribbons. This year we tripled the order in
view of the great support we have gotten from
my colleagues here in the State Senate.
On behalf of all of the Senators we
commend Vera House for their outstanding work
in our community and the outstanding message
that is a message that is being carried
throughout the State of New York.
THE PRESIDENT: The question is
on the resolution. All in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
Senator Skelos.
SENATOR SKELOS: At this time can
2305
we take up the non-controversial calendar?
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
69, by Senator Marcellino, Senate Print
1129-A, an act to amend the Environmental
Conservation Law, in relation to providing.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
70, by Senator Marcellino, Senate Print
1130-A, an act to amend the Environmental
Conservation Law, in relation to specifying.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
2306
January.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
123, by Senator Farley, Senate Print 1541, an
act to amend the Public Health Law, in
relation to expanding.
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 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
277, by Senator Seward, Senate Print 2899, an
act to amend the Tax Law, in relation to
extending the expiration of provisions.
SENATOR PATERSON: Lay the bill
aside.
2307
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
332, by Senator Bonacic, Senate Print 3661, an
act to amend the Private Housing Finance Law,
in relation to powers of the New York State
Housing Finance Agency.
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 50.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
352, by Senator Rath, Senate Print 126, an act
to amend the Public Health Law, in relation to
expanding the network of health care
providers.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
2308
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
353, by Senator Trunzo, Senate Print 1708, an
act to amend the Public Health Law, in
relation to public notification of health
hazards.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th 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
389, by Senator Wright, Senate Print 3612-A,
an act to direct the State Board of Real
Property Services to prepare a study.
THE PRESIDENT: Read the last
section.
2309
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.
THE SECRETARY: Calendar number
451, by Senator Larkin, Senate Print 3035, an
act to amend the General Municipal Law, in
relation to the operation of games of chance.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5. 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.
THE SECRETARY: Calendar number
461, by Senator Stachowski, Senate Print 1375,
an act to amend the General Municipal Law, in
relation to general requirements of service
award programs.
2310
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.
THE SECRETARY: Calendar Number
487, by Senator Padavan, Senate Print 3771, an
act to amend the Private Housing Finance Law,
in relation to loans of owners of existing
multiple dwellings.
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.
THE SECRETARY: Calendar Number
520, by Senator Seward, Senate Print 3025, an
2311
act to amend the State Finance Law, in
relation to permitting.
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 51.
THE PRESIDENT: The bill is
passed.
THE SECRETARY: Calendar Number
548, by Senator Johnson, Senate Print 2401, an
act to amend the Penal Law.
SENATOR DUANE: Lay the bill
aside.
THE PRESIDENT: The bill is laid
aside.
THE SECRETARY: Calendar Number
550, by Senator Rath, Senate Print 2795, an
act to repeal Paragraph F of Subdivision 1 of
Section 70.30.
SENATOR DUANE: Lay it aside.
THE PRESIDENT: The bill is laid
aside.
2312
THE SECRETARY: Calendar Number
553, by Senator Skelos, Senate Print 3071, an
act to amend the Civil Practice Law and Rules,
in relation to requiring all applications.
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.
THE SECRETARY: Calendar Number
561, by Senator Bonacic, Senate Print 3719, an
act to amend the Criminal Procedure Law.
SENATOR BONACIC: That bill is
laid aside for the day.
THE PRESIDENT: The bill is laid
aside for the day.
THE SECRETARY: Calendar Number
608, by Senator Hoffmann, Senate Print 4156,
an act to amend the Agriculture and Markets
Law, in relation to the agricultural producer
security fund.
2313
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 51.
THE PRESIDENT: Senator Skelos,
that completes -- Senator Bonacic, excuse me,
Senator.
SENATOR BONACIC: Thank you,
Madam President.
May we now have the controversial
reading of the calendar, please.
THE PRESIDENT: Senator Padavan.
SENATOR PADAVAN: May I be
recorded in the negative on Calendar 451.
THE PRESIDENT: Senate Bill 608,
that bill was passed.
Senator Padavan.
SENATOR PADAVAN: Thank you,
Madam President.
May I be recorded in the negative
on Calendar 451.
THE PRESIDENT: You are so
2314
recorded, Senator Padavan, as voting in the
negative on Calendar 451.
Senator Bonacic.
SENATOR BONACIC: Madam
President, I would ask that we now go to
Calendar 550, Senate Bill 2795, please.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar 550, by
Senator Rath, Senate Print 2795, an act to
repeal Paragraph F of Subdivision 1.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2, this
act shall take effect on the first day of
November.
THE PRESIDENT: Senator Paterson,
why do you rise?
SENATOR PATERSON: Last year
Senators Leichter, Mendez, Seabrook,
Montgomery, Sampson and Waldon, it just came
to me, Madam President, that they voted in the
negative and I just wanted to put that on the
record for -- if any of them happened to want
to know.
2315
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE PRESIDENT: Senator Bonacic.
SENATOR BONACIC: Madam
President, I ask that we temporarily stand at
ease. We are waiting for Senator Johnson and
Senator Seward to return from the Finance
meeting.
THE PRESIDENT: Upon completion
of this bill.
SENATOR BONACIC: Thank you,
Madam President.
THE PRESIDENT: The Secretary
will announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 550 are
Senators Duane, Mendez, Sampson and
Schneiderman. Ayes 47, nays 4.
THE PRESIDENT: The bill is
passed and the Senate will stand at ease.
2316
(Whereupon the Senate stood at ease
from 3:21 to 3:29 p.m.)
THE PRESIDENT: Senator Bonacic.
SENATOR BONACIC: Madam
President, we would like to return to the
controversial calendar if we can. And at this
time I would like to call Calender Number 277,
Senate Bill 2899, Senator Seward.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
277, by Senator Seward, Senate Print 2899, an
act to amend the Tax Law, in relation to
extending the expiration of provisions.
THE PRESIDENT: Senator Breslin.
SENATOR BRESLIN: Madam
President, would the sponsor yield to one
question, through you?
THE PRESIDENT: Senator Seward,
would you yield, please?
SENATOR SEWARD: Yes.
THE PRESIDENT: Yes, he does
yield through me, Senator Breslin.
SENATOR BRESLIN: I am only
interested in whether or not there was a home
2317
rule message that had been attached to this
legislation?
SENATOR SEWARD: Madam President,
in fact there is. There is a resolution
adopted by the Herkimer County Legislature on
the 22nd of March.
SENATOR BRESLIN: I have no
further questions, Madam President.
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 54, nays 2.
Senators Dollinger and Gentile recorded in the
negative.
THE PRESIDENT: The bill is
passed.
SENATOR SEABROOK: I would like
with unanimous consent to be recorded in the
negative on Calendar Number 550.
THE PRESIDENT: Senator Seabrook,
you are so recorded voting in the negative on
Calendar 550.
2318
SENATOR WALDON: I request
unanimous consent to be considered in the
negative for Calendar 550. Most unfortunately
I was out of the chamber eating Twizlers.
THE PRESIDENT: Senator, you are
so recorded as voting in the negative.
The Secretary will read.
THE SECRETARY: Calendar Number
548, by Senator Johnson, Senator Print 2401,
an act to amend the Penal Law, in relation to
including sales on controlled substances.
THE PRESIDENT: Senator Paterson.
SENATOR PATERSON: Madam
President, Senator Johnson has explained this
bill quite admirably in the past. I would
just like the record to note that Senator
Smith and Senator Montgomery voted in the
negative along with myself last year, but I am
now persuaded by Senator Johnson's explanation
and will vote in the affirmative. Senators
Sampson, Seabrook and Waldon also voted in the
negative.
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 3. This
2319
act shall take effect on the first day of
November.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 548 are
Senators Duane, Sampson and Smith. Also
Senator Schneiderman.
Ayes 52, nays 4.
THE PRESIDENT: The bill is
passed. Senator Bonacic, that completes the
reading of the controversial calendar.
SENATOR BONACIC: Madam
President, may we please return to reports of
standing committees. I believe there is a
report of the Finance Committee at the desk.
THE PRESIDENT: Reports of
standing committees. The Secretary will read.
THE SECRETARY: Senator Stafford
from the Committee on Finance reports the
following nominations:
As a member of the State Commission
of Corrections, Frederick C. Lamy, of
Warrensburg.
THE PRESIDENT: Senator Stafford.
2320
SENATOR STAFFORD: Thank you, Mr.
President.
It is certainly a pleasure for me
to rise and compliment the Governor and all
involved with the appointment of Fred Lamy to
the Commission and Corrections.
I could go on and on but, again
Madam President, this is an example of the
system, a good system we have I might add, our
system of government working so well.
Fred has been in law enforcement
for over 20 years and I would make three
points and make them very clearly and
emphasize every one of the points.
In his position of responsibility
he has shown professionalism, doing his job in
a professional, courteous, effective manner.
Also together with that he has shown the
temperament, again, to be firm and
compassionate but carry out his responsibility
as it should be carried out.
And finally, and it is so
important, Madam President, when you have the
responsibility Fred has had leading the
department, has always set the example, an
2321
example that we all should follow as public
servants. And I use the word servants
advisedly because that is what Fred Lamy has
been, a good solid, I will use the word
excellent, public servant, and I certainly
move his confirmation.
THE PRESIDENT: The question is
on the confirmation of Frederick C. Lamy as a
member of the State Commission of Correction.
All, those in favor signify by
saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
THE PRESIDENT: Frederick C. Lamy
is hereby confirmed as a member of the State
Commission on Corrections.
And I understand that Mr. Lamy is
here today. I extend to you as President of
the Senate all the courtesies of the Senate,
congratulations and best wishes.
The Secretary will read.
THE SECRETARY: As a member of
the Waterfront Commission of New York Harbor,
Michael C. Axelrod of Roslyn.
2322
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: It is a
pleasure on this very fine nomination to yield
to Senator Balboni.
THE PRESIDENT: Senator Balboni.
SENATOR BALBONI: Thank you,
Madam President.
It is with joy and honor that I get
a chance to rise on behalf of not only a fine
public servant but someone who has been my
friend but also political mentor for many a
year.
Michael Axelrod brings a great deal
to the job of Waterfront Commissioner. And as
a matter of fact, this particular day comes at
a very apropos time. I just spent two weeks
ago a lunch with Mr. Axelrod as he introduced
me to the other commissioners of the
Waterfront Commission and we spoke at great
length about the Port of New York and New
Jersey and all the issues surrounding that
port and what the future is going to hold for
it and how we in New York need to recognize
its tremendous contribution to the
metropolitan area and get our fair share.
2323
Michael brings a sense of
professionalism to whatever he does. He is a
fine attorney. He is someone who has learned
a great deal about a kind of novel operation
in our government very quickly. He has done
it very well. He has made friends wherever he
has gone, and he is somebody who brings
integrity and also a vision of where he wants
a job to go whenever he takes on a project.
Madam President, there are many
people who come through this chamber and I
would dare say that Michael Axelrod is one of
those people that we would be proudest to
confirm and see his services continue.
On that behalf I would like to move
the nomination.
Thank you, Madam President.
THE PRESIDENT: The question is
on the confirmation.
SENATOR SKELOS: Madam President.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: If I could very
quickly, I would like to start off by
congratulating the Governor on this fine
nomination, thanking Senator Bruno and Senator
2324
Stafford for moving expeditiously on the
confirmation.
Mike has spoken as to Mr. Axelrod's
qualifications. I just want to add that he is
a dear friend to all of us from Nassau County,
and I know Jim Lack knows him well, and
Caesar, the Long Island 9. And Mike you are a
credit to the position that you are filling.
You have done a wonderful, wonderful job. And
most all you have been a good friend to me and
Gail and your wife Jane, so we congratulate
you on your confirmation.
THE PRESIDENT: Senator
Marcellino.
SENATOR MARCELLINO: Yes, Madam
President, thank you, very much.
I also rise to second the
nomination of a good friend, Mike Axelrod. I
can think of no person if I wanted a difficult
job done, if I wanted a job that required
intense negotiations and someone who would be
willing to sit down and work long and hard
hours to get things right, I would think of no
other person better than Mike Axelrod to do
that job. He is a super person. He is a
2325
great lawyer. And more importantly, he is a
good friend.
THE PRESIDENT: Senator
Fuschillo.
SENATOR FUSCHILLO: Madam
President, it is indeed an honor for me to
rise and speak on the nomination of somebody
that I have known most of my life, Mike
Axelrod.
He is a prominent attorney not only
in Nassau County but throughout this great
state of ours. He has served the Commission
with distinction. Not only is he an asset to
the Commission but an asset to all residents
of this great state of ours and I proudly move
the nomination.
SENATOR LACK: Madam President.
THE PRESIDENT: Yes, Senator
Lack.
SENATOR LACK: Thank you, Madam
President.
I rise because I wouldn't want the
chamber to think that it was just four
colleagues from Nassau County that wanted to
expound on behalf of one Michael Axelrod.
2326
A lot has been said already, but
just let me put it this way. Mike Axelrod is
a perfect example of how you can apply merit
and politics and put them together and come up
with probably the most excellent choice for
the Waterfront Commission and a lot of other
jobs in this state.
Obviously he is very politically
well known. Four colleagues from Nassau
County have stood up. And yes, he is a friend
of mine, which means his boundaries expand
beyond Nassau County.
But he is a fine attorney and is a
fine labor attorney and he has a very good
sense of issues, of working between employee
and employer and he has done a very good job
of it, and that alone he has made a reputation
throughout this state.
I am very proud to stand up and
second the nomination and congratulate the
Governor and quite frankly would look for
further examples in this state of people just
like Michael Axelrod who can become involved
in the community, become involved in a party,
and yet at the same time on his own merit can
2327
stand next to any one in the field of law in
which he practices.
It is a real pleasure to be able to
vote for him today.
THE PRESIDENT: Senator Marchi.
SENATOR MARCHI: Madam President,
the voice of the people is the voice of God.
There have been so many who attest to his
merits. I would like to say that not
withstanding the fact he is not from Staten
Island he has been approved by the standing
committee which is the committee of first
reference on his reappointment, and I
certainly want to reflect the sentiment that
was expressed in our own committee, including
my ranking Minority member Senator Smith on
this important renomination. All the best.
THE PRESIDENT: Any other Senator
who would like to be heard on this nomination?
Senator Paterson.
SENATOR PATERSON: Thank you,
Madam President.
Other than hearing from Senator
Smith, I have not met Mr. Axelrod before
today, but we confirm a lot of nominees here
2328
and I can't remember the last time there was
this almost spontaneous willingness of a
number of colleagues to get up and endorse
this nomination by the Governor.
It will be very interesting to work
with him. I was especially moved by what
Senator Balboni said about his ideas about New
York's ports and what some of the
opportunities can be. Our Port Authority,
which was created in 1920, in my opinion has
never fully addressed what the ports of New
York can actually bring to the city and to the
state in terms of economic resources.
Back some 150 to 200 years ago
before the establishment of the Erie Canal and
the Erie Lackawana Railroad, New York was
really just a state just like any other and it
was really the economic development through
the ports all around the state that brought
the type of commerce to our state which took
us from having five percent of the country's
population in 1820 to having over 40 percent
of the county's population by 1830, and we are
doing 45 percent of the economic development
nationally because people move where the jobs
2329
are. And in this period of high technology
still New York's geographic position being the
real epicenter of the North American market
and the best situated ports in New York City
to reaching Europe would put us back into that
area, even though other states have built up
their ports they still don't have the three
hour shipping time advantage that New York
has. And so there are so many ways that the
whole operation can be utilized so I wish not
only Mr. Axelrod my best, but would be happy
to work with him in trying to use some
innovative procedures as our ancestors did to
increase New York's share of our national
economic commerce.
THE PRESIDENT: Would any other
Senator wish to be heard on this nomination?
Hearing no one, the question is on the
confirmation of Michael C. Axelrod as a member
of the Waterfront Commission of New York
Harbor.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed nay.
(No response.)
2330
THE PRESIDENT: Michael C.
Axelrod is hereby confirmed as a member of the
Waterfront Commission of New York Harbor.
I would like to acknowledge Michael
Axelrod's presence and extend to you as
President of the Senate congratulations and
best wishes.
The Secretary will read.
THE SECRETARY: As members of the
State Council on the Arts; Charles C. Bergman
of New York City, Donald A. Capoccia of New
York City, Betty Levin of New York City,
Richard J. Schwartz of New York, and Laurie
Tisch Sussman of New York City.
THE PRESIDENT: Senator Stafford.
SENATOR STAFFORD: Move
confirmation, please.
THE PRESIDENT: The question is
on the confirmation of Charles C. Bergman,
Donald A. Capoccia, Betty Levin, Richard J.
Schwartz, Laurie Tisch Sussman as members of
the State Council on the Arts.
All in favor signify by saying aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
2331
(No response.)
THE PRESIDENT: Charles C.
Bergman, Donald A. Capoccia, Betty Levin,
Richard J. Schwartz and Laurie Tisch Sussman
are hereby confirmed as members of the State
Council on the Arts.
The Secretary will read.
THE SECRETARY: Also Senator
Stafford reports the following Senate bills:
Senate Prints 5530, by the
Committee on Rules, an act to amend Chapter 15
of the Laws of 1999 making appropriations for
the support of government;
5531, by the Committee on Rules, an
act making appropriations for the support of
government;
5532, by the Committee on Rules, an
act to amend Chapter 83 of the Laws of 1995,
amending the State Finance Law.
All bills directly for third
reading.
THE PRESIDENT: Without
objection, all bills reported direct to third
reading.
Senator Skelos.
2332
SENATOR SKELOS: Madam President,
if we could would take up Calendar Number 687,
Senator 5530.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
687, by the Committee on Rules, Senate Print
5530, and act to amend Chapter 15 of the Laws
of 1999, making appropriations for the support
of government.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message of appropriation at the
desk?
THE PRESIDENT: Yes, Senator
Skelos, there is.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: All those in
favor of accepting the message of
appropriation, signify by saying aye.
(Response of "aye".)
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
2333
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 57, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: Could we please
take up Calendar Number 688, Senate 5531.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
688, by the Committee on Rules, Senate Print
5531, an act making appropriations for the
support of government.
THE PRESIDENT: Senator Skelos.
SENATOR SKELOS: Madam President,
is there a message of appropriation at the
desk?
THE PRESIDENT: Yes, Senator
Skelos, there is.
SENATOR SKELOS: Move to accept.
THE PRESIDENT: All those in
2334
favor of accepting the message of
appropriation, signify by saying aye.
(Response of "aye".)
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The message is
accepted.
Read the last section.
THE SECRETARY: Section 31, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays 1.
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: Madam President,
may be please take up Calendar Number 689,
Senate 5532.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
689, by the Committee on Rules, Senate Print
5532, an act to amend Chapter 83 of the Laws
of 1995.
2335
THE PRESIDENT: Read the last
section.
THE SECRETARY: Section 5, this
act shall take effect immediately.
THE PRESIDENT: Call the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes 57, nays 1,
Senator Dollinger recorded in the negative.
THE PRESIDENT: The bill is
passed. Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
THE PRESIDENT: Yes, Senator, we
have two substitutions at the desk.
The Secretary will read.
THE SECRETARY: On page 22,
Senator Meier moves to discharge from the
Committee on Aging, Assembly Bill Number 445,
and substitute it for the identical Third
Reading 314.
On page 4, Senator Goodman moves to
discharge from the Committee on Higher Ed,
Assembly Bill 5704-A and substitute it for the
identical first report 674.
THE PRESIDENT: The substitutions
2336
are ordered.
Senator Montgomery.
SENATOR MONTGOMERY: Yes, Madam
President, I would like unanimous consent to
be recorded in the negative on Calendars 548
and 550.
THE PRESIDENT: Senator
Montgomery, you are so recorded as voting in
the negative on Calendars 548 and 550.
Senator Skelos.
SENATOR SKELOS: Madam President,
there being no further business I move we
adjourn until Tuesday, April 27th at 3:00 p.m.
sharp.
THE PRESIDENT: On motion, the
Senate stands adjourned until Tuesday, April
27th at 3:00 p.m.
(Whereupon, at 3:50 p.m., the
Senate adjourned.)