Regular Session - May 3, 2000
2796
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
May 3, 2000
11:15 a.m.
REGULAR SESSION
SENATOR THOMAS P. MORAHAN, Acting President
STEVEN M. BOGGESS, Secretary
2797
P R O C E E D I N G S
ACTING PRESIDENT MORAHAN: 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.)
ACTING PRESIDENT MORAHAN: We
have today with us Chaplain Ron Fritts, who is
the chaplain to the U.S. Corps of Cadets. And
he will lead us in a prayer.
Reverend.
CHAPLAIN FRITTS: Let us unite
our hearts together in prayer.
Almighty God, our Heavenly Father,
as we gather today to recognize the United
States Military Academy and its contributions
to the great State of New York, we first of
all pause to recognize You as the source of
all good things.
We thank You for our great nation
and for this great state. We thank You for
those who govern, and we ask Your blessing
upon them, that the great State of New York
2798
would continue to prosper in the hands of
faithful men and women.
We ask Your continued blessing upon
the mission of the Military Academy. By Your
grace, enable us all to show ourselves worthy
of whatever honors we receive.
All of this we pray in Your holy
name. Amen.
ACTING PRESIDENT MORAHAN: Thank
you, Reverend Fritts.
May we have the reading of the
Journal.
THE SECRETARY: In Senate,
Tuesday, May 2nd, the Senate met pursuant to
adjournment. The Journal of Monday, May 1st,
was read and approved. On motion, Senate
adjourned.
ACTING PRESIDENT MORAHAN:
Without objection, the Journal stands approved
as read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
2799
Communications and reports from
state officers.
Motions and resolutions.
Senator Bruno.
SENATOR BRUNO: Mr. President, I
believe that there is a privileged resolution
at the desk. I would ask that it be read in
its entirety -- it's by Senator Larkin -- and
move for its immediate adoption.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: By Senator
Larkin, Legislative Resolution Number 4030,
memorializing Governor George E. Pataki to
proclaim May 3, 2000, as "West Point Day" in
New York State.
"WHEREAS, This Legislative Body is
justly proud to celebrate the establishment of
the United States Military Academy at West
Point and to call upon Governor George E.
Pataki to proclaim May 3, 2000, as "West Point
Day" in New York State; and
"WHEREAS, By an act of Congress on
March 16, 1802, the United States Military
Academy was established within the borders of
2800
New York State on the banks of the Hudson
River; and
"WHEREAS, The Academy and its
graduates are an integral part of the proud
history of this State and Nation. The
leadership and sacrifices of the members of
the Long Gray Line have helped this country
withstand countless threats to our cherished
democratic way of life. The alumni have
excelled not only on the battlefield but in
many fields of endeavor; and
"WHEREAS, The Academy continues to
provide our country with able and dedicated
future leaders. Its scenic campus is a mecca
each year for thousands of visitors from
across our State, continent, and other
countries;
"The United States Military Academy
is in the forefront of our State's outstanding
institutions of higher learning; and
"WHEREAS, 48 years ago, the late
James T. McNamara, then a member of the New
York State Assembly, and a member of the
Academy's class of 1939, was the author of the
State Legislature's first "West Point Day"
2801
Resolution;
"For decades, our nation has
enjoyed the legacy of freedom, and the United
States Military Academy at West Point has
played a vitally significant role in the
maintenance of peace and freedom; and
"WHEREAS, The members of this
Legislative Body are equally proud to
commemorate this event, marking May 3, 2000,
as "West Point Day" in New York State; now,
therefore, be it
"RESOLVED, that this Legislative
Body pause in its deliberations to celebrate
the establishment of the United States
Military Academy at West Point and to
memorialize Governor George E. Pataki to
proclaim May 3, 2000, as "West Point Day" in
New York State; and be it further
"RESOLVED, That a copy of this
Resolution, suitably engrossed, be transmitted
to The Honorable George E. Pataki, Governor of
the State of New York."
ACTING PRESIDENT MORAHAN:
Senator Larkin.
SENATOR LARKIN: Thank you, Mr.
2802
President.
I would like to welcome the
Superintendent of the United States Military
Academy and the First Lady of the Military
Academy, Susan Christman; General Christman's
staff; the West Point Society that are behind
us here; and, most importantly, the cadets,
the future leaders of our nation. With the
exception of one, my colleagues, they come
from our great state of New York, and we
inherited the first captain from the state of
Florida.
The Long Gray Line began in Orange
County 198 years ago. It has been called home
by such military leaders as Ulysses Grant,
Robert Lee, Dwight David Eisenhower, George
Patton, and Norman Schwarzkopf.
These leaders shared in the
knowledge that the strength of the United
States military must rest on a solid
foundation composed of individual honor and
integrity.
Mr. President, this lesson was
first taught more than 180 years ago by then
Colonel Sylvanus Thayer, when he became the
2803
first superintendent of the United States
Military Academy at West Point. As an Army
engineer, Colonel Thayer knew that you must
build both a military foundation and a solid
academic foundation. His vision was a class
of highly educated, highly trained engineers
who could support the rapid westward movement
of the United States.
It is appropriate, therefore, that
this house give special recognition today to
another Army engineer, a very distinguished
West Point graduate of the Class of 1965, our
current superintendent, Lieutenant General
Daniel Christman.
Upon graduating from the academy
which he now commands, General Christman
served as a decorated combat engineer with
some of the Army's most famous units,
including the 2nd Infantry Division in Korea
and the 101st Airborne in Vietnam. After
leading troops in such places as Korea and
Vietnam and West Germany, General Christman
served our country in the upper echelons of
the military command in Washington, D.C.
We also give special recognition
2804
today to the corps of cadets, a special, elite
group of men and women who have passed some of
the toughest tests in our nation to get there.
But we can attest to that because here with us
today we have a proud son of Hudson, New
York -- Mr. Gardner? Where is he hiding? -
who will enter the Academy on July 1st, to be
a member of the Class of 2004. Sean,
congratulations.
Now I have the privilege of
introducing these cadets that are here with us
today.
Cadet Matthew Baideme, from
Westfield.
Please stand as I call your name,
and then you may also sit down.
Cadet Rafael Camporese, from
Brooklyn.
Cadet Joseph Faiella, from
Holbrook.
Cadet Jeffrey Hay, of Panama.
Cadet David Iannuccilli, from
Warwick.
Cadet Elisa Jones, from West Point.
Cadet Leona Kutsko, from Old Forge.
2805
Cadet Peter Magnetto, from Troy,
New York.
Cadet James Stout, from Albany.
Cadet Juliza Ramirez, from
Manhattan.
Cadet Dominic Trippodo, from Lake
Katrine.
Cadet Michelle Lynn Vargo, from
Chemung.
Cadet David Wimbush, from Albany.
Thank you.
Today's cadets represent the bright
young faces sitting before us. They will
continue to build on the solid foundation of
duty, honor, and country started by Colonel
Thayer nearly two centuries ago.
Mr. President, we must recognize
that the challenges faced by these young
members today are vastly different than those
encountered by many of their famous
predecessors. Today's Army leaders must know
how to have the ability to move equipment and
troops to far distant areas in a matter of
hours -- not, as our previous planners did, in
months.
2806
Many of the cadets seated here in
this chamber will shortly after graduation be
asked to serve in places called Kosovo,
Bosnia, and other places around the world to
keep the peace.
However, today's Army serves not
only abroad but here at home. Mr. President,
I must tell you that the cadets at the
Military Academy in Orange County are a bright
part of our community effort. It is nothing
to go around some of our communities in
Orange, Rockland, Putnam, Dutchess, and see
cadets working on local projects, whether it's
for daycare, helping to build parks, to clean
up, and be any part of a civilian activity, to
show their pride in the community and to show
that the Army cares and wants to be a part of
our communities.
Duty, honor, and country, and a
concern for others -- these are the values of
leadership. Mr. President, it is upon this
bedrock of values that each cadet builds his
or her career. It is an unchanging standard
that we in New York must strive to embody. It
is upon this bedrock that the future leaders
2807
of the United States Army will lead soldiers,
and many times in harm's way, to preserve the
freedoms which our nation is founded upon.
We owe a debt of gratitude to the
United States Military Academy for bestowing
on the State of New York all that is good in
our nation. We thank General Christman, his
faculty, his staff, and most importantly, as
I've said before, the corps of cadets, for
continuing to build on that bedrock that was
started on the shores of the Hudson almost two
centuries ago.
Thank you, Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Bruno.
SENATOR BRUNO: Thank you, Mr.
President. And thank you, Senator Larkin.
I'd like to add my welcome to
General Christman; to his lovely wife, Susan;
to the 15 cadets, and First Captain -- from
Florida, now in New York -- Bob Stanton; and
to a special cadet in my life, from Troy,
Peter Magnetto.
His proud parents are here, Anthony
and Linda Magnetto. His dad is in leadership
2808
in the Troy Police Department and
distinguishes himself every day. So it's
great to have him here with us.
Senator Larkin takes great pride in
that he is representative of West Point and
the people that are there while they're there.
All of us here in this chamber, all of us in
this state are especially proud.
We're proud that you would visit
us, we're proud that we can recognize you,
because you truly -- your General has been a
leader in the past and in the present -- you
are the leaders that will go forward in these
very challenging, uncertain times. A year
from now, five years from now, who knows where
you will be and what our world will look like.
But we take great pride in you. We
take great comfort in you, in that you will
follow in a tradition that is a tradition that
goes through history of greatness.
And I know that our Adjutant
General from the National Guard, our General
Fenimore, is here as well, and I welcome him
as we welcome you.
We look forward to a great day with
2809
you. And again, we appreciate all the good
things you do. And in looking at you, we can
be especially proud. You're mentally fit,
you're emotionally ready, you're physically
fit. You're people that we are proud of.
So we're glad to join with you
today.
ACTING PRESIDENT MORAHAN:
Senator Bonacic.
SENATOR BONACIC: Thank you, Mr.
President.
I'll be brief, because I know that
you have a very busy agenda today, what we're
doing for the festivities for West Point.
This is a happy day. This is a day
that we look forward to in the Legislature
when you, General, and your bride, Susan, and
the cadets and all the military personnel from
West Point come up here to spend a day with
us.
West Point is located in Orange
County. Our presiding Senator, Senator
Morahan, who is up there working today;
Senator Larkin, who prepared the resolution,
and myself all represent Orange County.
2810
We're very proud of you. We're
proud of the institution. And we're eternally
grateful for all of the contributions you have
given us in the past and you continue to give
this great country. We welcome you today.
And, finally, a particular welcome
to a cadet from our Senate district, Dominic
Trippodo, who's from Lake Katrine in New York.
He's here with his mom Francine and uncle.
Thank you all for coming.
ACTING PRESIDENT MORAHAN: The
question is on the resolution. All in favor
say aye.
(Response of "Aye.")
ACTING PRESIDENT MORAHAN: Nay.
(No response.)
ACTING PRESIDENT MORAHAN: The
resolution is adopted.
I would now just extend the
courtesies of the Senate to our visitors, and
to recognize my constituent, David
Iannuccilli. Welcome to the Senate, and enjoy
your day in Albany. Thank you very much.
(Applause.)
ACTING PRESIDENT MORAHAN:
2811
Senator Bruno.
SENATOR BRUNO: Mr. President, is
there housekeeping at the desk that we can
take up at this time?
ACTING PRESIDENT MORAHAN: Yes,
there is.
Senator Libous.
SENATOR LIBOUS: Thank you, Mr.
President.
On behalf of Senator Saland, please
place a sponsor star on Calendar Number 726.
ACTING PRESIDENT MORAHAN: The
bill will be starred.
SENATOR LIBOUS: Mr. President,
on behalf of Senator Trunzo, on page 48 I
offer the following amendments to Calendar
Number 736, Senate Print Number 7181, and ask
that said bill retain its place on the Third
Reading Calendar.
ACTING PRESIDENT MORAHAN: The
amendments are accepted, and the bill will
retain its place on the Third Reading
Calendar.
Senator Bruno, we have
substitutions.
2812
SENATOR BRUNO: Mr. President,
can we at this time take up the substitutions.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: On page 4,
Senator Balboni moves to discharge, from the
Committee on Water Resources, Assembly Bill
Number 7387 and substitute it for the
identical Senate Bill Number 4778A, Third
Reading Calendar 770.
On page 4, Senator Alesi moves to
discharge, from the Committee on Alcoholism
and Drug Abuse, Assembly Bill Number 1204 and
substitute it for the identical Senate Bill
Number 1516, Third Reading Calendar 772.
On page 5, Senator McGee moves to
discharge, from the Committee on Alcoholism
and Drug Abuse, Assembly Bill Number 9528A and
substitute it for the identical Senate Bill
Number 3946A, Third Reading Calendar 774.
And on page 6, Senator Hannon moves
to discharge, from the Committee on Local
Government, Assembly Bill Number 2714 and
substitute it for the identical Senate Bill
Number 7325, Third Reading Calendar 788.
2813
On page 8, Senator Leibell moves to
discharge, from the Committee on Consumer
Protection, Assembly Bill Number 1203 and
substitute it for the identical Senate Bill
Number 5037, Third Reading Calendar 800.
And on page 11, Senator Stavisky
moves to discharge, from the Committee on
Codes, Assembly Bill Number 768 and substitute
it for the identical Senate Bill Number 6652,
Third Reading Calendar 833.
ACTING PRESIDENT MORAHAN: The
substitutions are ordered.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we do the noncontroversial reading of the
calendar.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
75, by Senator Seward, Senate Print 3516A, an
act to amend the Insurance Law, in relation to
making various technical corrections.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 23. This
2814
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 34.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
321, by Senator Bonacic, Senate Print -
SENATOR BRUNO: Lay it aside for
the day, please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
353, by Senator DeFrancisco, Senate Print
4417A, an act to amend the Parks, Recreation
and Historic Preservation Law, in relation to
the penalty for violations.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
2815
THE SECRETARY: Ayes, 34.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
385, by Senator Wright, Senate Print 2426, an
act to amend the Public Service Law, the
Public Officers Law, and the General
Construction Law, in relation to
videoconferencing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 34.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
388, by Senator Wright, Senate Print 3994, an
act to amend the Public Service Law and the
State Administrative Procedure Act, in
relation to endorsement.
ACTING PRESIDENT MORAHAN: Read
2816
the last section.
THE SECRETARY: Section 4. This
act shall take effect in 90 days.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 34.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
416, by Senator Volker, Senate Print 2936, an
act to amend the Civil Practice Law and Rules,
in relation to the fiduciary exemption.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 34.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
477, by Senator Velella, Senate Print 6241A -
2817
SENATOR BRUNO: Lay it aside for
the day.
ACTING PRESIDENT MORAHAN: The
bill is laid aside for the day.
THE SECRETARY: Calendar Number
557, by Member of the Assembly Tocci, Assembly
Print Number 9672, an act to amend the
Education Law, in relation to developing a
program.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 34.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
579, by Senator Stafford, Senate Print 7063 -
SENATOR BRUNO: Lay it aside
temporarily.
ACTING PRESIDENT MORAHAN: The
bill is laid aside temporarily.
2818
THE SECRETARY: Calendar Number
586, by Senator Johnson, Senate Print 758, an
act to amend the Real Property -
SENATOR BRUNO: Lay it aside
temporarily, please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside temporarily.
THE SECRETARY: Calendar Number
633, by Senator Velella, Senate Print 2530, an
act to amend the General Business Law, in
relation to the possession of equipment.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 34.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
667, by Senator LaValle, Senate Print 1856, an
act to amend the Town Law, in relation to
exemptions.
2819
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
January.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 34.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
669, by Senator McGee, Senate Print 4313, an
act to amend the General Municipal Law, in
relation to establishing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 34.
ACTING PRESIDENT MORAHAN: The
bill is passed.
2820
THE SECRETARY: Calendar Number
692, by Member of the Assembly Wright,
Assembly Print Number -
SENATOR BRUNO: Lay it aside,
please.
ACTING PRESIDENT MORAHAN: The
bill is laid aside.
THE SECRETARY: Calendar Number
696, by Senator Rath, Senate Print 124, an act
to amend the General Municipal Law, in
relation to alternative methods.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 60th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 34.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
703, by Senator Balboni, Senate Print 6852 -
SENATOR BRUNO: Lay it aside
temporarily.
2821
ACTING PRESIDENT MORAHAN: The
bill is laid aside temporarily.
THE SECRETARY: Calendar Number
709, by Senator Libous, Senate Print 7139, an
act to authorize the City of Norwich.
ACTING PRESIDENT MORAHAN: A home
rule message is at the desk.
SENATOR BRUNO: Lay it aside
temporarily.
ACTING PRESIDENT MORAHAN: The
bill is laid aside temporarily.
Senator Bruno, that completes the
reading of the noncontroversial calendar.
SENATOR BRUNO: Mr. President,
Calendar Number 477 was laid aside for the day
incorrectly. I would ask that it be called
up, taken up now.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
477, by Senator Velella, Senate Print 6241A,
an act to amend the Education Law, in relation
to allowing absentee ballots on school budget
votes.
ACTING PRESIDENT MORAHAN: Read
2822
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 34.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
there being no further business to presently
come before the Senate, I'm recommending that
we recess until 2 o'clock, 2:00 p.m. today.
And I'm going to call an immediate
conference of the Senate Majority in the small
conference room. The big conference room is
being set up for the West Point luncheon.
Immediate conference, short
conference. It will be short, because you'll
be standing.
(Laughter.)
ACTING PRESIDENT MORAHAN: The
Senate will stand in recess until 2 o'clock.
And there will be an immediate
2823
meeting of the Majority Conference in the
small conference room.
(Whereupon, the Senate recessed at
11:43 a.m.)
(Whereupon, the Senate reconvened
at 2:09 p.m.)
ACTING PRESIDENT MORAHAN: The
Senate will come to order.
Senator Skelos.
SENATOR SKELOS: If we could go
to the noncontroversial reading of the
supplemental active list.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
281, by Senator LaValle, Senate Print 1969, an
act to amend the Public Health Law, in
relation to authorizing and directing.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 120th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
2824
THE SECRETARY: Ayes, 35.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
346, by Senator Marchi, Senate Print 2618A, an
act to amend the Education Law, in relation to
the establishment.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect on the 30th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 35.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
407, by Senator Velella, Senate Print 1518, an
act to amend the Penal Law, in relation to
multiple convictions.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect on the first day of
2825
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 35.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
419, by Senator Volker, Senate Print 3508, an
act to amend the Civil Practice Law and Rules,
in relation to requiring.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect in 60 days.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 35.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
608, by Senator Maltese, Senate Print 6873, an
act to amend the Public Authorities Law, in
relation to fingerprinting.
2826
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the 180th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 35.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
611, by Senator Marchi, Senate Print 7130, an
act to amend the Public Authorities Law, in
relation to the provision.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 35.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
2827
647, by Senator Volker, Senate Print 2059, an
act to amend the Civil Practice Law and Rules,
in relation to confidential communications.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 35.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
648, by Senator Volker, Senate Print 2139, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to the term of
imprisonment.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
2828
THE SECRETARY: Ayes, 35.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
649, by Senator Rath, Senate Print 2795, an
act to repeal Paragraph F of Subdivision 1 of
Section 70.30.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 35.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
661, by Senator Kuhl, Senate Print 2402, an
act to amend the Correction Law, in relation
to requiring.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 5. This
2829
act shall take effect on the 90th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 35.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
664, by Senator Morahan, Senate Print 6942, an
act to amend the Executive Law and the Penal
Law, in relation to payment.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 35.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Would you please
call up Calendar Number 214.
2830
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
214, by Senator Skelos, Senate Print 1023A, an
act to establish a Business Trust Law
constituting Chapter 4A of the consolidated
laws.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 3. This
act shall take effect on the 90th day.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 36.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: Mr. President,
if we could stand at ease.
ACTING PRESIDENT MORAHAN: The
Senate stands at ease.
(Whereupon, the Senate stood at
ease at 2:15 p.m.)
(Whereupon, the Senate reconvened
2831
at 2:18 p.m.)
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: Would you please
call up Calendar Number 420, by Senator
Fuschillo.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
420, by Senator Fuschillo, Senate Print 4210,
an act to amend the Penal Law, in relation to
the offense of assault.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 36.
ACTING PRESIDENT MORAHAN: The
bill is passed.
SENATOR SKELOS: Mr. President,
2832
would you call up Calendar Number 499, by
Senator Skelos.
ACTING PRESIDENT MORAHAN: The
Secretary will read.
THE SECRETARY: Calendar Number
499, by Senator Skelos, Senate Print 114, an
act to amend the Domestic Relations Law and
the Penal Law, in relation to the suspension
and revocation.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 36.
ACTING PRESIDENT MORAHAN: The
bill is passed.
Senator Skelos.
SENATOR SKELOS: If we could
stand at ease, Mr. President.
ACTING PRESIDENT MORAHAN: The
Senate will stand at ease.
(Whereupon, the Senate stood at
2833
ease at 2:20 p.m.)
(Whereupon, the Senate reconvened
at 2:50 p.m.)
ACTING PRESIDENT MORAHAN: The
Senate will come to order.
Senator Skelos.
SENATOR SKELOS: If we could now
go to noncontroversial Supplemental Active
List Number 2.
ACTING PRESIDENT MORAHAN: Yes,
sir.
The Secretary will read.
THE SECRETARY: Calendar Number
48, by Senator Marcellino, Senate Print 830A,
an act to amend the Labor Law, in relation to
criminal penalties.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect in 30 days.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 36.
ACTING PRESIDENT MORAHAN: The
2834
bill is passed.
THE SECRETARY: Calendar Number
88, by Senator Morahan, Senate Print 5799, an
act to amend the Education Law, in relation to
allowing boards of cooperative educational
services.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 36.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
405, by Senator Wright, Senate Print 1223, an
act to amend the Penal Law, in relation to
assault.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
2835
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 36.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
619, by Senator Kuhl, Senate Print 1839, an
act to amend the Education Law, in relation to
optional retirement programs.
ACTING PRESIDENT MORAHAN: Read
the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 36.
ACTING PRESIDENT MORAHAN: The
bill is passed.
THE SECRETARY: Calendar Number
651, by Senator McGee, Senate Print 3337, an
act to amend the Criminal Procedure Law, in
relation to eligibility.
ACTING PRESIDENT MORAHAN: Read
2836
the last section.
THE SECRETARY: Section 2. This
act shall take effect on the first day of
November.
ACTING PRESIDENT MORAHAN: Call
the roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 36.
ACTING PRESIDENT MORAHAN:
Senator McGee, why do you rise?
The bill is passed.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MORAHAN:
Senator Skelos.
SENATOR SKELOS: Is there any
housekeeping at the desk?
ACTING PRESIDENT MORAHAN: Yes.
Senator Fuschillo.
SENATOR FUSCHILLO: Mr.
President, on behalf of Senator Bonacic, on
page number 26 I offer the following
amendments to Calendar Number 321, Senate
Print Number 3906, and ask that said bill
retain its place on Third Reading Calendar.
ACTING PRESIDENT MORAHAN: The
2837
amendments are received, and the bill will
retain its place on the Third Reading
Calendar.
Senator McGee, why do you rise?
SENATOR McGEE: I was speaking
with one of my colleagues. Thank you,
Senator.
ACTING PRESIDENT MORAHAN: You're
welcome.
Senator Libous.
SENATOR LIBOUS: Thank you, Mr.
President.
On behalf of Senator Spano, I'd
like to commit Calendar 853, Print Number
6436A, to the Finance Committee, please.
ACTING PRESIDENT MORAHAN: The
bill is committed.
There's no other housekeeping at
the desk, Senator Skelos.
Senator Skelos.
SENATOR SKELOS: Mr. President,
tomorrow there will be a conference of the
Majority at 1:00 p.m.
And there being no further
business, I move we adjourn until tomorrow,
2838
May 4th, at 2:00 p.m.
ACTING PRESIDENT MORAHAN: There
will be a Majority conference at 1 o'clock
tomorrow in the Majority Conference Room.
And we stand adjourned until
tomorrow, May 4th, at 2:00 p.m.
(Whereupon, at 2:57 p.m., the
Senate adjourned.)