Regular Session - May 8, 2000

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                            NEW YORK STATE SENATE





                           THE STENOGRAPHIC RECORD









                              ALBANY, NEW YORK

                                 May 8, 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 S

                             ACTING PRESIDENT MEIER:    The

                 Senate will come to order.

                             Will everyone present 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:    In the

                 absence of clergy, may we all please bow our

                 heads in a moment of silence.

                             (Whereupon, the assemblage

                 respected a moment of silence.)

                             ACTING PRESIDENT MEIER:    Reading

                 of the Journal.

                             THE SECRETARY:    In Senate,

                 Friday, May 5th, the Senate met pursuant to

                 adjournment.  The Journal of Thursday,

                 May 4th, was read and approved.  On motion,

                 Senate adjourned.

                             ACTING PRESIDENT MEIER:    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.

                             Reports of select committees.

                             Communications and reports from

                 state officers.

                             Motions and resolutions.

                             Senator Wright.

                             SENATOR WRIGHT:    Thank you, Mr.

                 President.

                             On behalf of Senator Nozzolio,

                 please place a sponsor star on Calendar Number

                 840.

                             ACTING PRESIDENT MEIER:    So

                 ordered.

                             Senator Skelos.

                             SENATOR SKELOS:    Mr. President,

                 there will be an immediate meeting of the

                 Local Government Committee in the Majority

                 Conference Room.

                             ACTING PRESIDENT MEIER:

                 Immediate meeting of the Local Government

                 Committee in the Majority Conference Room.

                             SENATOR SKELOS:    Mr. President,

                 if we could take up the noncontroversial

                 calendar.





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                             ACTING PRESIDENT MEIER:    The

                 Secretary will read the noncontroversial

                 calendar.

                             THE SECRETARY:    Calendar Number

                 21, by Senator Trunzo, Senate Print 5577, an

                 act to amend the Public Authorities Law, in

                 relation to eliminating the limitation on the

                 length of leases.

                             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, 37.

                             ACTING PRESIDENT MEIER:    The bill

                 is passed.

                             THE SECRETARY:    Calendar Number

                 211, by Senator Padavan -

                             SENATOR SKELOS:    Lay it aside for

                 the day.

                             ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                             THE SECRETARY:    Calendar Number





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                 586, by Senator Johnson, Senate Print 758, an

                 act to amend the Real Property Tax Law, in

                 relation to making persons receiving a

                 disability pension.

                             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, 37.

                             ACTING PRESIDENT MEIER:    The bill

                 is passed.

                             THE SECRETARY:    Calendar Number

                 780, by Senator Stachowski, Senate Print 1375,

                 an act to amend the General Municipal Law, in

                 relation to general requirements.

                             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.)





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                             THE SECRETARY:    Ayes, 37.

                             ACTING PRESIDENT MEIER:    The bill

                 is passed.

                             THE SECRETARY:    Calendar Number

                 790, by Senator Skelos, Senate Print 7744, an

                 act authorizing the County of Nassau to accept

                 an application.

                             ACTING PRESIDENT MEIER:    Read the

                 last section.

                             THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                             ACTING PRESIDENT MEIER:    Call the

                 roll.

                             (The Secretary called the roll.)

                             THE SECRETARY:    Ayes, 37.

                             ACTING PRESIDENT MEIER:    The bill

                 is passed.

                             THE SECRETARY:    Calendar Number

                 809, by Senator Larkin, Senate Print 104, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to authorizing the City of Newburgh.

                             ACTING PRESIDENT MEIER:    There is

                 a home rule message at the desk.

                             Read the last section.

                             THE SECRETARY:    Section 2.  This





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                 act shall take effect immediately.

                             ACTING PRESIDENT MEIER:    Call the

                 roll.

                             (The Secretary called the roll.)

                             THE SECRETARY:    Ayes, 37.

                             ACTING PRESIDENT MEIER:    The bill

                 is passed.

                             THE SECRETARY:    Calendar Number

                 810, by Senator Trunzo, Senate Print 4199, an

                 act to amend the Transportation Law, in

                 relation to criminal penalties.

                             ACTING PRESIDENT MEIER:    Read the

                 last section.

                             THE SECRETARY:    Section 2.  This

                 act shall take effect on the 90th day after it

                 shall have become a law.

                             ACTING PRESIDENT MEIER:    Call the

                 roll.

                             (The Secretary called the roll.)

                             THE SECRETARY:    Ayes, 37.

                             ACTING PRESIDENT MEIER:    The bill

                 is passed.

                             THE SECRETARY:    Calendar Number

                 834, by Senator McGee, Senate Print 6677, an

                 act to amend the Civil Practice Law and Rules,





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                 in relation to exemptions.

                             ACTING PRESIDENT MEIER:    Read the

                 last section.

                             THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 July.

                             ACTING PRESIDENT MEIER:    Call the

                 roll.

                             (The Secretary called the roll.)

                             THE SECRETARY:    Ayes, 37.

                             ACTING PRESIDENT MEIER:    The bill

                 is passed.

                             THE SECRETARY:    Calendar Number

                 835, by Senator Nozzolio, Senate Print 6701,

                 an act to amend the Criminal Procedure Law, in

                 relation to dog control officers.

                             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, 37.

                             ACTING PRESIDENT MEIER:    The bill





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                 is passed.

                             THE SECRETARY:    Calendar Number

                 836, by Senator Stafford, Senate Print 6922A,

                 an act to amend the Criminal Procedure Law, in

                 relation to electronic court appearance in

                 certain counties.

                             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, 39.

                             ACTING PRESIDENT MEIER:    The bill

                 is passed.

                             THE SECRETARY:    Calendar Number

                 839, by Senator Volker, Senate Print 7096, an

                 act to amend the Civil Practice Law and Rules,

                 in relation to service of a subpoena duces

                 tecum.

                             ACTING PRESIDENT MEIER:    Read the

                 last section.

                             THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.





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                             ACTING PRESIDENT MEIER:    Call the

                 roll.

                             (The Secretary called the roll.)

                             THE SECRETARY:    Ayes, 39.

                             ACTING PRESIDENT MEIER:    The bill

                 is passed.

                             THE SECRETARY:    Calendar Number

                 848, by Senator Nozzolio, Senate Print 3910 -

                             SENATOR SKELOS:    Lay it aside for

                 the day.

                             ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                             Senator Skelos, that completes the

                 calendar.

                             SENATOR SKELOS:    Mr. President,

                 there being -- is there any housekeeping at

                 the desk?

                             ACTING PRESIDENT MEIER:    Yes,

                 there is, Senator.

                             Senator Paterson.

                             SENATOR PATERSON:    I just wanted

                 to say good afternoon to Senator Skelos.

                             SENATOR SKELOS:    Thank you.

                             ACTING PRESIDENT MEIER:    Senator

                 Paterson, it's a pleasure to see you.





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                             Senator Fuschillo.

                             SENATOR FUSCHILLO:    Mr.

                 President, on behalf of Senator Padavan, I

                 move that the following bill be discharged

                 from its respective committee and be

                 recommitted with instructions to strike the

                 enacting clause:  Senate Print Number 7471.

                             ACTING PRESIDENT MEIER:    So

                 ordered.

                             Senator Fuschillo.

                             SENATOR FUSCHILLO:    Mr.

                 President, on behalf of Senator Maziarz, on

                 page number 37 I offer the following

                 amendments to Calendar Number 794, Senate

                 Print Number 7679, and ask that said 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 Skelos.

                             SENATOR SKELOS:    Mr. President,

                 there being no further business to come before

                 the Senate, I move we adjourn until Tuesday,





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                 May 9th, at 3:00 p.m.

                             ACTING PRESIDENT MEIER:    On

                 motion, the Senate stands adjourned until

                 Tuesday, May 9th, 3:00 p.m.

                             (Whereupon, at 3:12 p.m., the

                 Senate adjourned.)