Regular Session - February 14, 2000
675
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 14, 2000
3:04 p.m.
REGULAR SESSION
SENATOR RAYMOND A. MEIER, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G
ACTING PRESIDENT MEIER: The
Senate will come to order.
Everyone pleasant -- present. Yes,
it would be nice if everyone would be
pleasant. And everyone present, too, please
rise and repeat with me the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT MEIER: The
invocation will be given by Rabbi Debora
Gordon, from Congregation Berith Sholom in
Troy.
(The rabbi sang in Hebrew.)
RABBI GORDON: May the One who
blessed those who came before us, our family
and community ancestors, those whose
leadership roles have created stability and
order and those whose leadership has inspired
positive change, may this same One also bless
this august body as it comes today to do the
work of governance.
Bless its soul, its spirit, your
breath, which gives voice to truth through the
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interchange of your many opinions and points
of view. Bless its heart -- in Hebrew, its
leb, seat of both intellect and emotion. May
your hearts be full of passion and of reason,
banishing fear and ignorance.
On this Valentine's Day, a holiday
derived not from my own tradition but embraced
as part of the American culture in which I
live, on this day may the love that we each
share with our own families be enlarged and
shaped into building blocks of love and
respect for all our families, for families of
choice as well as families of origin. For in
each family, each member is created [in
Hebrew] in God's image, as full and loving
human beings.
May this certainty guide your
discussions. May the love that this
Valentine's Day celebrates ultimately draw all
families under the sheltering protection of
the law, so that crimes of ignorance and of
hate may not mar the bonds of friendship and
fellowship that connect us all.
[In Hebrew.] Out of my love for my
brothers and my sisters, for the sake of every
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human being who's the delight of someone's
heart and the apple of someone's eye, I say
may there be peace and wholeness in your
midst. And let us say amen.
ACTING PRESIDENT MEIER: Reading
of the Journal.
THE SECRETARY: In Senate,
Friday, February 11, the Senate met pursuant
to adjournment. The Journal of Thursday,
February 10, was read and approved. On
motion, Senate adjourned.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If I could just
interrupt, there will be an immediate meeting
of the Rules Committee in the Majority
Conference Room.
ACTING PRESIDENT MEIER:
Immediate meeting of the Rules Committee in
the Majority Conference Room.
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 Nozzolio,
from the Committee on Crime Victims, Crime and
Correction, reports:
Senate Print 635, by Senator
Nozzolio, an act to amend the Executive Law;
642, by Senator Nozzolio, an act to
amend the Correction Law;
1512, by Senator Alesi, an act to
amend the Correction Law;
3775, by Senator Nozzolio, an act
to amend the Executive Law;
4027, by Senator Maltese, an act to
amend the Executive Law;
And 6282A, by Senator Nozzolio, an
act to amend the Correction Law and the Social
Services Law.
Senator Volker, from the Committee
on Codes, reports:
Senate Print 12A, by Senator
Skelos, an act to amend the Penal Law;
120, by Senator Rath, an act to
amend the Criminal Procedure Law;
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137, by Senator Nozzolio, an act to
amend the Penal Law;
652, by Senator Maziarz, an act to
amend the Criminal Procedure 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;
974, by Senator Skelos, an act to
amend the Criminal Procedure Law;
1017, by Senator Skelos, an act to
amend the Criminal Procedure Law;
1122, by Senator Goodman, an act to
amend the Penal Law;
1592A, by Senator Volker, an act to
amend the Penal Law and others;
3790, by Senator Volker, an act to
amend the Criminal Procedure Law;
5633, by Senator Libous, an act to
amend the Penal Law;
5898, by Senator Bruno, an act to
amend the Penal Law and the Highway Law;
And 6225, by Senator Volker, an act
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to amend the Criminal Procedure Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills reported directly to
third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Farley.
SENATOR FARLEY: Thank you, Mr.
President.
On behalf of Senator Rath, I wish
to call up her bill 2948, which was recalled
from the Assembly, which is now at the desk.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: Calendar Number
18, by Senator Rath, Senate Print 2948, an act
to amend the Vehicle and Traffic Law.
SENATOR FARLEY: I now move to
reconsider the vote by which this bill was
passed.
ACTING PRESIDENT MEIER: Call the
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vote on reconsideration.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 45.
SENATOR FARLEY: I now offer the
following amendments.
ACTING PRESIDENT MEIER: The
amendments are received.
SENATOR FARLEY: Mr. President,
on behalf of Senator Alesi, I move that the
following bill be discharged from its
respective committee and be recommitted with
instructions to strike the enacting clause.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR FARLEY: Senate 6454.
ACTING PRESIDENT MEIER: So
ordered.
SENATOR FARLEY: Mr. President,
on behalf of Senator Bonacic, on page 13 I
offer the following amendments to Calendar
Number 157, Senate Print 4579. And I ask that
that bill also be starred.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will be
starred.
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SENATOR FARLEY: Mr. President,
on behalf of Senator Bonacic, on page 13,
Calendar Number 156, I offer the following
amendments to Senate Print 4578, and I ask
that that bill be starred.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will be
starred.
SENATOR FARLEY: Mr. President,
on behalf of Senator Morahan, on page 15 I
offer the following amendments to Calendar
184, Senate Print 5725, and I ask that that
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Seward.
SENATOR SEWARD: Yes, Mr.
President. On page 4, on behalf of Senator
McGee, I offer the following amendments to
Calendar Number 9, Senate Print Number 4113A,
and ask that the said bill retain its place on
the Third Reading Calendar.
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ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR SEWARD: Mr. President,
on behalf of Senator Rath, on page 5 I offer
the following amendments to Calendar Number
37, Senate Print Number 5787, and I ask that
that bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
SENATOR SEWARD: On behalf of
Senator Libous, on page 17 I offer the
following amendments to Calendar Number 204,
Senate Print Number 2114, and ask that that
bill retain its place on the Third Reading
Calendar.
ACTING PRESIDENT MEIER: The
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator Hoffmann.
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SENATOR HOFFMANN: Mr. President,
may we please return to reports of standing
committees. I believe there is a report of
the Rules Committee at the desk.
ACTING PRESIDENT MEIER: Return
to reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bill direct to third reading:
Senate Print 6539, by Senator
Spano, an act to amend the Labor Law.
SENATOR HOFFMANN: I move to
accept the report of the Rules Committee.
ACTING PRESIDENT MEIER: The
motion is to accept the report of the Rules
Committee. All those in favor signify by
saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
report of the Rules Committee is accepted.
Senator Hoffmann.
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SENATOR HOFFMANN: May we please
take up Calendar 249.
ACTING PRESIDENT MEIER: The
Secretary will read Calendar 249.
THE SECRETARY: Calendar Number
249, by Senator Spano, Senate Print 6539, an
act to amend the Labor Law, in relation to
defining "week of employment."
SENATOR PATERSON: Explanation,
please.
SENATOR HOFFMANN: Is there a
message of necessity at the desk?
ACTING PRESIDENT MEIER: There
is.
SENATOR HOFFMANN: I move to
accept the message of necessity.
ACTING PRESIDENT MEIER: All
those in favor of accepting the message of
necessity signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
message is accepted. The bill is before the
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house.
SENATOR DOLLINGER: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Spano, an explanation has been requested by
Senator Dollinger.
SENATOR SPANO: Mr. President,
this bill is the -- makes technical amendments
to the Labor Law to ensure that workers with
significant employment in only one quarter,
particularly the construction industry, and
low-wage seasonal workers would be able to be
eligible -- continue to be eligible for
unemployment insurance benefits under the
current wage reporting system.
It's a bill that we had -- we
passed, I think it was unanimously, last year.
The Governor vetoed this bill. And it's a
bill that has been negotiated between the
Governor and the two houses.
ACTING PRESIDENT MEIER: Senator
Dollinger.
SENATOR DOLLINGER: Mr.
President, through you, if Senator Spano will
yield just to one question.
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ACTING PRESIDENT MEIER: Senator
Spano, do you yield for a question?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: Through you,
Mr. President. It's my understanding that the
veto from the Governor was motivated in part
by -- to add some penalty provisions for
misreporting, misrepresentations in the
reporting process.
Could you just show me where in the
bill that language is located? This is -- I
assume this is the new language added since we
did this same concept in December; is that
correct?
SENATOR SPANO: On page 3 of the
bill, Section 4 relates to the Unemployment
Insurance Control Fund, Senator Dollinger.
And that's the language that you're referring
to.
As well as Section 4 and Section 5
of the bill. And it continues on, related to
penalties, in Section 7 as well.
SENATOR DOLLINGER: That language
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was -- again, through you, Mr. President, if
Senator Spano -
ACTING PRESIDENT MEIER: Senator
Spano, do you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: That's the
language that was added in response to the
Governor's veto of the bill? Those sections,
4, 5, and 7?
SENATOR SPANO: It wouldn't be
fair to say that was language that was put in
specifically because of the Governor's
objection. This has basically been a new bill
that's been written, starting with the bill
that we already passed, with some additions.
But it was negotiated between both houses.
So it was the -- not only the
Governor but also the Assembly as well that
had their input into the process.
SENATOR DOLLINGER: Okay. But
again, through you, Mr. President, just so I
make sure I understand.
ACTING PRESIDENT MEIER: Senator
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Spano, do you continue to yield?
SENATOR SPANO: Yes.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR DOLLINGER: That's the
new language from the version we passed back
in December, I think unanimously in this
house, is that correct, those three sections?
SENATOR SPANO: That language,
amongst some other changes in the bill, minor
changes. But yes, that's correct.
SENATOR DOLLINGER: Okay. Thank
you, Mr. President.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 17. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Hoffmann.
SENATOR HOFFMANN: At this time
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may we have the reading of the
noncontroversial calendar.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
104, by Senator Larkin, Senate Print 681A, an
act to amend the Real Property Tax Law, in
relation to refiling.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
109, by Senator Farley, Senate Print 4704, an
act to amend the Banking Law, in relation to
conforming the personal loan limitations.
ACTING PRESIDENT MEIER: Read the
last section.
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THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
118, by Senator Wright, Senate Print 2423, an
act to amend the Public Service Law, in
regulation to unauthorized changes.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect in 120 days.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
127, by Senator Skelos, Senate Print 11C, an
act to amend the General Business Law, in
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relation to the sale of laser pointing
devices.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect on the first day of
September.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
133, by Senator Kuhl, Senate Print 2558, an
act to amend the Vehicle and Traffic Law, in
relation to appropriate reduced speeds.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
167, by Senator Volker, Senate Print 728, an
act to amend the Criminal Procedure Law, in
relation to fingerprinting persons.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
170, by Senator Marcellino, Senate Print 822,
an act to amend the Criminal Procedure Law, in
relation to anonymous juries.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
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act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
173, by Senator Goodman, Senate Print 1109, an
act to amend the Penal Law, in relation to
computer networks.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
179, by Senator Rath, Senate Print 6173A, an
act to amend the Criminal Procedure Law, the
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Executive Law, the Family Court Act, and the
Penal Law.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 7. This
act shall take effect January 1.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Those recorded in
the negative on Calendar Number 179 are
Senators Breslin, Dollinger, Duane, Hevesi,
Markowitz, Oppenheimer, Paterson, Santiago,
Schneiderman, Smith, and Stavisky. Ayes, 42.
Nays, 11.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
202, by Senator Libous, Senate Print 2091, an
act to amend the Mental Hygiene Law, in
relation to disqualification.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
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ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
SENATOR DOLLINGER: Lay it aside,
please.
ACTING PRESIDENT MEIER: Lay the
bill aside.
Senator Hoffmann, that completes
the reading of the noncontroversial calendar.
SENATOR HOFFMANN: Thank you, Mr.
President. Now may we have the reading of the
controversial calendar, please.
ACTING PRESIDENT MEIER: The
Secretary will read the controversial
calendar.
THE SECRETARY: Calendar Number
202, by Senator Libous, Senate Print 2091, an
act to amend the Mental Hygiene Law, in
relation to disqualification.
SENATOR PATERSON: Explanation,
please.
ACTING PRESIDENT MEIER: Senator
Libous, an explanation has been requested of
Calendar 202 by Senator Paterson.
SENATOR LIBOUS: Thank you, Mr.
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President.
I look forward to this moment every
year when Senator Paterson asks for an
explanation of this particular piece of
legislation. And each year I convince myself
that I would convince Senator Paterson of
supporting this, but I have failed. Let me
try it again this year.
Senator, as you know, this
legislation is fairly simple. And basically
it allows a physician on the staff of a
private hospital to admit a person who is
mentally ill to that hospital.
One of the changes we have made
over the years is to put a three-year sunset
on the legislation. We have a number of
agencies who have reported it. And in light
of Kendra's Law and some of the circumstances
that have taken place over the years, it is
much more difficult for these institutions to
have two physicians making sign-off and
referral.
And I think in light of what this
body passed last year, Mr. President, I would
hope that Senator Paterson and any of his
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colleagues who have had questions in the past
would be supportive.
ACTING PRESIDENT MEIER: Senator
Paterson.
SENATOR PATERSON: Mr. President,
I want to put to rest the rumor that I just
get up and debate against this bill every year
because I just would like to get together with
Senator Libous but he keeps declining my
invitation so I have to talk to him here.
If the Senator would yield for a
question.
ACTING PRESIDENT MEIER: Senator
Libous, do you yield for a question?
SENATOR LIBOUS: Yes, Mr.
President.
ACTING PRESIDENT MEIER: The
sponsor yields.
SENATOR PATERSON: Senator, do we
have any information detailing the number of
individuals who have been denied the care that
they should have received from an affiliated
hospital because of the fact that they had to
wait a period of time to have this certificate
signed by two physicians?
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SENATOR LIBOUS: You know, Mr.
President, I would believe that, you know, the
information is available. I don't seem to
have it right here.
But it's probably very similar to
the information -- you know, when Kendra's Law
was being drafted, there was a lot of
discussion of how many individuals are we
talking about -- numbers of 3,000, 4,000,
5,000 individuals who would be involved in
court-ordered appointments. And yet we heard
the Commissioner say the other day 20
individuals have been involved so far.
So, Mr. President, while I don't
have a specific number, I do know that in the
case of providing adequate care on an
involuntary system, that we believe that for
these particular facilities it would make
sense, again, to have just one attending
physician be able to make that diagnosis.
ACTING PRESIDENT MAZIARZ:
Senator Paterson.
SENATOR PATERSON: Mr. President,
if the Senator would yield, I actually have a
question I don't believe I've ever asked
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before.
ACTING PRESIDENT MAZIARZ:
Senator Libous, do you continue to yield?
SENATOR LIBOUS: I'm quite
anxious, Mr. President, to hear this.
ACTING PRESIDENT MAZIARZ:
Senator Paterson.
SENATOR PATERSON: In my research
this year, Mr. President, I found that there
are 23 state psychiatric hospitals that
actually use this procedure right now. I
didn't know that before.
If the Senator would explain for us
why we had a different procedure for the
for-profit hospitals than we did for the state
psychiatric hospitals, that would be very
helpful.
SENATOR LIBOUS: The procedure is
different, and that's what we're trying to
change right here in the law, Senator. There
actually is a different procedure. It isn't
statute. And we're trying to address that
issue right now.
The private psychiatric hospitals
have a different situation than the state-run
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hospitals. And that's actually something that
was recommended by the Commission on Quality
Care, that this legislation make that
adjustment.
ACTING PRESIDENT MAZIARZ:
Senator Paterson.
SENATOR PATERSON: Thank you, Mr.
President. If the Senator would yield for one
last question.
ACTING PRESIDENT MAZIARZ:
Senator Libous?
SENATOR LIBOUS: Sure.
SENATOR PATERSON: And this is a
pivotal question.
ACTING PRESIDENT MAZIARZ:
Senator Paterson.
SENATOR PATERSON: Senator, is
there any provision in this bill for
disclosure to the patient that one of the two
physicians that signed what they call the 2PC
certificate, the two-physician certificate, is
actually affiliated personally with the
hospital?
SENATOR LIBOUS: No, sir, there
is not.
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SENATOR PATERSON: Thank you,
Senator.
ACTING PRESIDENT MAZIARZ: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MAZIARZ: Call
the roll.
(The Secretary called the roll.)
ACTING PRESIDENT MAZIARZ:
Senator Paterson.
SENATOR PATERSON: Mr. President,
please note, for the record, I vote aye.
(Laughter.)
ACTING PRESIDENT MAZIARZ:
Senator Paterson will be recorded in the
affirmative.
THE SECRETARY: Those recorded in
the negative on Calendar Number 202 are
Senators Duane, Hevesi, Schneiderman, and
Stavisky. Ayes, 53. Nays, 4.
ACTING PRESIDENT MAZIARZ: The
bill is passed.
Senator Hoffmann.
SENATOR HOFFMANN: Is there any
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housekeeping at the desk?
ACTING PRESIDENT MAZIARZ: There
is no housekeeping at the desk.
SENATOR HOFFMANN: There being no
further business to come before the Senate, I
move we adjourn until Tuesday, February 15th,
at 11:00 a.m.
ACTING PRESIDENT MAZIARZ: On
motion, the Senate stands adjourned until
Tuesday, February 15th, at 11:00 a.m.
(Whereupon, at 3:30 p.m., the
Senate adjourned.)