Regular Session - January 22, 2001
126
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 22, 2001
3:13 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: With us today to
give the invocation is the Reverend Peter G.
Young, from Blessed Sacrament Church in Bolton
Landing.
REVEREND YOUNG: Let us pray.
Dear God, as we experience the
winter weather, we gather to assist the
elderly and needy who are attempting to stay
comfortably warm and flu-free. As
Californians suffer without sufficient power,
we thank You, O God, for Your great gifts of
hydroenergy resources here in New York State.
With that gratitude and attitude of
gratitude, we thank You for allowing us to
live in this great Empire State that enjoys
such creative beauty and richness that You now
have shared with all of Your New York State
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citizens.
Amen.
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Saturday, January 20, the Senate met pursuant
to adjournment. The Journal of Friday,
January 19, was read and approved. On motion,
Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Volker,
from the Committee on Codes, reports the
following bills:
Senate Print 403, by Senator
Skelos, an act to amend the Penal Law;
430, by Senator DeFrancisco, an act
to amend the Criminal Procedure Law;
435, by Senator DeFrancisco, an act
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to amend the Criminal Procedure Law;
437, by Senator DeFrancisco, an act
to amend the Penal Law;
490, by Senator Marcellino, an act
to amend the Penal Law;
542, by Senator Padavan, an act to
amend the Penal Law;
662, by Senator Goodman, an act to
amend the Penal Law;
684, by Senator Goodman, an act to
amend the Penal Law;
685, by Senator Goodman, an act to
amend the Penal Law;
694, by Senator Goodman, an act to
amend the Penal Law;
700, by Senator Goodman, an act to
amend the Penal Law;
851, by Senator Balboni, an act to
amend the Penal Law;
852, by Senator Balboni, an act to
amend the Penal Law;
853, by Senator Balboni, an act to
amend the Civil Rights Law;
And 861, by Senator Balboni, an act
to amend the Penal Law.
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All bills ordered direct to third
reading.
ACTING PRESIDENT MEIER: Without
objection, all bills direct to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Mr. President, I
believe there's a privileged resolution at the
desk by Senator Connor. May we please have
the title read and move for its immediate
adoption.
ACTING PRESIDENT MEIER: The
Secretary will read.
THE SECRETARY: By Senator
Connor, Legislative Resolution commemorating
the Asian American community's celebration of
the Lunar New Year, 4699, the Year of the
Snake, on January 24, 2001.
ACTING PRESIDENT MEIER: The
question is on the resolution. All those in
favor signify by saying aye.
(Response of "Aye.")
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ACTING PRESIDENT MEIER: Opposed,
nay.
(No response.)
ACTING PRESIDENT MEIER: The
resolution is adopted.
Senator Skelos.
SENATOR SKELOS: Mr. President,
Senator Connor's bill, which involves Chinese
New Year's, he's agreed to open that up for
sponsorship. So if anybody would like to be
on that resolution, they should notify the
desk.
ACTING PRESIDENT MEIER: Anyone
desiring to cosponsor the resolution, please
notify the desk.
SENATOR SKELOS: Mr. President.
ACTING PRESIDENT MEIER: Senator
Skelos.
SENATOR SKELOS: If we could take
up the noncontroversial calendar, please.
ACTING PRESIDENT MEIER: The
Secretary will read the noncontroversial
calendar.
THE SECRETARY: Calendar Number
4, by Senator Skelos, Senate Print 77, an act
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to amend the Civil Practice Law and Rules, in
relation to commencement of special
proceedings.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 43.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
7, by Senator Marcellino, Senate Print 103, 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
act shall take effect on the 30th day.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
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ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
8, by Senator Skelos, Senate Print 126, an act
to amend the Civil Practice Law and Rules, in
relation to the time to take an appeal.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 4. This
act shall take effect immediately.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 46. Nays,
1. Senator Paterson recorded in the negative.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
11, by Senator Volker, Senate Print 137, an
act to amend the Penal Law and the Criminal
Procedure Law, in relation to the offenses of
bail jumping.
ACTING PRESIDENT MEIER: Read the
last section.
THE SECRETARY: Section 16. This
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act shall take effect on the first day of
November.
ACTING PRESIDENT MEIER: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 47.
ACTING PRESIDENT MEIER: The bill
is passed.
THE SECRETARY: Calendar Number
13, by Senator Volker, Senate Print 205, an
act to amend the Criminal Procedure Law, in
relation to appeals from certain orders of
suppression.
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
18, by Senator Volker, Senate Print 216, an
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act to amend the Criminal Procedure Law, in
relation to sealing and other dispositions of
records.
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, 50.
ACTING PRESIDENT MEIER: The bill
is passed.
Senator Velella, that concludes the
calendar.
SENATOR VELELLA: Mr. President,
is there any housekeeping at the desk?
ACTING PRESIDENT MEIER: No,
there is not, Senator. Nothing.
I'm sorry, Senator Dollinger is
asking -
SENATOR DOLLINGER: Mr.
President, may I have unanimous consent to be
recorded in the negative on Calendar Number 8.
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Thank you.
ACTING PRESIDENT MEIER: Without
objection, Senator Dollinger will be recorded
in the negative on Calendar 8.
Senator Duane.
SENATOR DUANE: Thank you. Mr.
President, with unanimous consent, could I be
recorded in the negative on Calendar Numbers 8
and 18.
ACTING PRESIDENT MEIER: Without
objection, Senator Duane will be recorded in
the negative on Calendars 8 and 18.
Senator Velella.
SENATOR VELELLA: Mr. President,
Senator Bruno, in consultation with the
Minority Leader, hands up the following
committee changes for filing.
ACTING PRESIDENT MEIER: Those
will be received at the desk and filed.
Senator Velella.
SENATOR VELELLA: Mr. President,
may we please return to the order of motions
and resolutions.
ACTING PRESIDENT MEIER: Motions
and resolutions.
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SENATOR VELELLA: Mr. President.
ACTING PRESIDENT MEIER: Senator
Velella.
SENATOR VELELLA: On behalf of
Senator Bruno, I offer up the following notice
of intention to alter the Senate rules and ask
that it be filed in the Journal.
ACTING PRESIDENT MEIER: The
notice will be received and filed in the
Journal.
SENATOR VELELLA: Mr. President,
there being no further business, I move we
adjourn -- I'm sorry.
ACTING PRESIDENT MEIER: I'm
sorry. Senator Montgomery.
SENATOR MONTGOMERY: Yes, Mr.
President, I would like unanimous consent to
be recorded in the negative on Calendar
Numbers 11 and 18.
ACTING PRESIDENT MEIER: Without
objection, Senator Montgomery will be recorded
in the negative on Calendars 11 and 18.
Senator Velella.
SENATOR VELELLA: Now, Mr.
President, there being no further business, I
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move we adjourn until Tuesday, January 23rd,
at 11:00 a.m.
ACTING PRESIDENT MEIER: On
motion, the Senate stands adjourned until
Tuesday, January 23rd, at 11:00 a.m.
(Whereupon, at 3:21 p.m., the
Senate adjourned.)