Regular Session - August 3, 2001
11272
NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
August 3, 2001
12:15 a.m.
REGULAR SESSION
SENATOR JOHN R. KUHL, JR., Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT KUHL: The
Senate will come to order.
I ask the members to take their
chairs, staff to find their places.
I ask everybody in the chamber to
rise and join me in saying the Pledge of
Allegiance to the Flag.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT KUHL: In the
absence of clergy, may we bow our heads in a
moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
ACTING PRESIDENT KUHL: Reading
of the Journal.
THE SECRETARY: In Senate,
Thursday, August 2nd, the Senate met pursuant
to adjournment. The Journal of Wednesday,
August 1st, was read and approved. On motion,
Senate adjourned.
ACTING PRESIDENT KUHL: Hearing
no objection, the Journal stands approved as
read.
11274
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
That brings us to the calendar,
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we continue with Calendar 59, starting
with 1468.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 59, on the
members' desks, Calendar 1468.
THE SECRETARY: Calendar Number
1468, by the Senate Committee on Rules,
Senate Print Number 5755A, an act making an
appropriation.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
11275
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1469, by the Senate Committee on Rules, Senate
Print Number 5758, an act making an
appropriation.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1470, by the Senate Committee on Rules, Senate
Print Number 5759, an act making an
appropriation.
ACTING PRESIDENT KUHL: Read the
last section.
11276
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1471, by the Senate Committee on Rules,
Senate Print Number 5760, an act making an
appropriation.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1472, by the Senate Committee on Rules, Senate
Print Number 5761, an act to authorize and
11277
direct.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
THE SECRETARY: Calendar Number
1473, by the Senate Committee on Rules,
Senate Print Number 5762, an act making an
appropriation.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
11278
THE SECRETARY: Calendar Number
1474, by the Senate Committee on Rules, Senate
Print Number 5763, an act allowing the
transfer.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we have an immediate meeting of the Rules
Committee in Room 332.
ACTING PRESIDENT KUHL: There
will be an immediate meeting of the Rules
Committee, immediate meeting of the Rules
Committee in the Majority Conference Room,
Room 332.
The Senate will come to order. I
ask the members to find their chairs, staff to
11279
take their places.
The chair recognizes Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
1219.
ACTING PRESIDENT KUHL: For the
benefit of the members, on Calendar Number
58A, which was taken up earlier, Calendar
Number 1219, by Senator Libous.
The Secretary will read.
THE SECRETARY: Calendar Number
1219, by Senator Libous, Senate Print 5492A,
an act authorizing the Commissioner of
Transportation.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 5. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
11280
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
1411.
ACTING PRESIDENT KUHL: The
Secretary will read.
THE SECRETARY: Calendar Number
1411, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 8902A, an act to authorize the Bronx.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
1415.
ACTING PRESIDENT KUHL: The
Secretary will read.
11281
THE SECRETARY: Calendar Number
1415, substituted earlier today by the
Assembly Committee on Rules, Assembly Print
Number 9222, an act to authorize the
Commissioner of General Services.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we return to reports of standing
committees.
I believe there's a report of the
Rules Committee at the desk. I ask that it be
read at this time.
ACTING PRESIDENT KUHL: We will
return to the order of reports of standing
committees.
11282
There is a report of the Rules
Committee at the desk. The Secretary will
read.
THE SECRETARY: Senator Bruno,
from the Committee on Rules, reports the
following bills:
Senate Print 2675A, by Senator
Seward, an act to amend the Vehicle and
Traffic Law.
3985, by Senator Velella, an act to
amend the General Business Law.
5632, by Senator Gonzalez, an act
authorizing the City of New York.
And 5768, by the Senate Committee
on Rules, an act to amend the Education Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT KUHL: The
motion is to accept the report of the Rules
Committee.
SENATOR BRUNO: Move to accept
the report of the Rules Committee.
ACTING PRESIDENT KUHL: All those
in favor of accepting the report of the Rules
Committee signify by saying aye.
11283
(Response of "Aye.")
ACTING PRESIDENT KUHL: Opposed,
nay.
(No response.)
ACTING PRESIDENT KUHL: The Rules
report is accepted.
The bills are ordered directly to
third reading.
The Senate will come to order.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar Number
1432.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1432.
THE SECRETARY: In relation to
Calendar Number 1432, Senator Seward moves to
discharge, from the Committee on Rules,
Assembly Bill Number 6572A and substitute it
for the identical Senate Bill Number 2675A,
Third Reading Calendar 1432.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the title.
THE SECRETARY: Calendar Number
11284
1432, by Member of the Assembly Gantt,
Assembly Print Number 6572A, an act to amend
the Vehicle and Traffic Law and the Insurance
Law.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time call up Calendar Number
1433.
ACTING PRESIDENT KUHL: The
Secretary will read Calendar Number 1433.
THE SECRETARY: In relation to
Calendar Number 1433, Senator Velella moves to
discharge, from the Committee on Rules,
Assembly Bill Number 7739 and substitute it
for the identical Senate Bill Number 3985,
11285
Third Reading Calendar 1433.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the title.
THE SECRETARY: Calendar Number
1433, by Member of the Assembly Pheffer,
Assembly Print Number 7739, an act to amend
the General Business Law and others.
ACTING PRESIDENT KUHL: Read the
last section.
THE SECRETARY: Section 6. This
act shall take effect in 30 days.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 53. Nays,
2. Senators Alesi and Libous recorded in the
negative.
ACTING PRESIDENT KUHL: The bill
is passed.
Senator Bruno.
SENATOR BRUNO: Mr. President,
can we at this time take up Calendar Number
1478.
ACTING PRESIDENT KUHL: The
11286
Secretary will read Calendar Number 1478.
THE SECRETARY: In relation to
Calendar Number 1478, Senator Bruno moves to
discharge, from the Committee on Rules,
Assembly Bill Number 9333 and substitute it
for the identical Senate Bill Number 5768,
Third Reading Calendar 1478.
ACTING PRESIDENT KUHL: The
substitution is ordered.
The Secretary will read the title.
THE SECRETARY: Calendar Number
1478, by the Assembly Committee on Rules,
Assembly Print Number 9333, an act to amend
the Education Law and others.
ACTING PRESIDENT KUHL: The
Secretary will read the last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT KUHL: Call the
roll.
(The Secretary called the roll.)
ACTING PRESIDENT KUHL: Record
the negatives and announce the results.
THE SECRETARY: Those recorded in
the negative on Calendar Number 1478 are
11287
Senators Duane, Hassell-Thompson, and
Montgomery. Ayes, 52. Nays, 3.
ACTING PRESIDENT KUHL: The bill
is passed.
SENATOR DUANE: Mr. President.
ACTING PRESIDENT KUHL: Senator
Duane, why do you rise?
SENATOR DUANE: I'm confused.
What calendar are we on, Mr. President?
ACTING PRESIDENT KUHL: There is
no printed calendar per se which has a listing
of all the bills. We're calling up individual
bills that were just reported out from one of
the committees. So the bills are actually on
your desk with a calendar number on them.
If you're looking at your bills,
Senator Duane, and you're finding a bill that
says 1475 on it, and 1476, they were
incorrectly marked, I'm informed by the desk.
They should have read 1432 and 1433,
respectively.
If you wish to change your vote -
Senator Duane, if you wish to change your vote
on any of those bills, certainly now would be
the time to do that, we would entertain that.
11288
Senator Bruno.
SENATOR BRUNO: Mr. President, I
would move that we at this time recommit all
outstanding bills on the calendar to Rules.
ACTING PRESIDENT KUHL: Without
objection, all bills, outstanding bills on the
calendar are recommitted to Rules.
SENATOR BRUNO: And there being
no further business to come before the Senate,
I would move that we stand adjourned, subject
to the call of the Majority Leader, with
intervening days being legislative days.
ACTING PRESIDENT KUHL: Without
objection, the Senate stands adjourned,
subject to the call of the Majority Leader,
intervening days to be legislative days.
(Whereupon, at 12:44 a.m., the
Senate adjourned.)