Regular Session - January 9, 2002
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
January 9, 2002
12:10 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
please 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: May we each bow
our heads, please, in a moment of silence.
(Whereupon, the assemblage
respected a moment of silence.)
THE PRESIDENT: Reading of the
Journal.
THE SECRETARY: In Senate,
Monday, January 7, 2002, the Senate met
pursuant to adjournment. The Journal of
Friday, January 4, was read and approved. On
motion, Senate adjourned.
THE PRESIDENT: Without
objection, the Journal stands approved as
read.
Senator Bruno.
SENATOR BRUNO: Madam President,
are there any motions at the desk at this
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time?
THE PRESIDENT: Yes, there are,
Senator.
SENATOR BRUNO: Can we have them
read at this time.
THE PRESIDENT: The Secretary
will read.
Senator Libous.
SENATOR LIBOUS: Thank you, Madam
President.
I wish to call up Bill Number 368,
recalled from the Assembly, which is now at
the desk.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: Calendar Number
20, by Senator Volker, Senate Print 368, an
act to amend the Civil Practice Law and Rules.
THE PRESIDENT: Senator Libous.
SENATOR LIBOUS: Madam President,
I now move to reconsider the vote by which
this bill was passed.
THE PRESIDENT: The Secretary
will now call the roll upon reconsideration.
(The Secretary called the roll.)
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THE SECRETARY: Ayes, 55.
THE PRESIDENT: Senator Libous.
SENATOR LIBOUS: Madam President,
I now move to recommit the bill to the
Committee on Codes.
THE PRESIDENT: So ordered,
Senator.
Senator Fuschillo.
SENATOR FUSCHILLO: Thank you,
Madam President.
THE PRESIDENT: You're welcome.
SENATOR FUSCHILLO: I ask that
the following bills be discharged from their
respective committees and be recommitted with
instructions to strike the enacting clause:
Senate Print Number 4978, Senator
Johnson; 5113, Senator Johnson;
3371, Senator Marchi;
1443, Senator Meier;
351, Senator Morahan; 498, Senator
Morahan; 1239, Senator Morahan; 2175, Senator
Morahan; 3147, Senator Morahan; 3774, Senator
Morahan; 4678, Senator Morahan; 4734, Senator
Morahan; 5145, Senator Morahan;
587, Senator Saland; 588,
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Senator Saland; 1339, Senator Saland; 4905,
Senator Saland;
2091, Senator Seward; 2552,
Senator Seward; 3168, Senator Seward; 3394,
Senator Seward; 3395, Senator Seward; 3876,
Senator Seward;
3481, Senator Stafford; 4839,
Senator Stafford; 5561, Senator Stafford;
414, Senator Volker; 1092,
Senator Volker; 1164, Senator Volker; 2301,
Senator Volker; and 5380A, Senator Volker.
THE PRESIDENT: So ordered.
SENATOR FUSCHILLO: Would you
like me to repeat that?
(Laughter.)
THE PRESIDENT: That will not be
necessary, Senator.
Senator Dollinger.
SENATOR DOLLINGER: Thank you,
Madam President.
I'd like to move that the following
bills be discharged from their respective
committees and be recommitted with
instructions to strike the enacting clause:
Senate Print Number 2740, from
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Senator Santiago;
Senate Print Number 2423, from
Senator Schneiderman;
And Senate Print Number 32, from
Senator Malcolm Smith.
THE PRESIDENT: So ordered,
Senator.
SENATOR DOLLINGER: Thank you.
THE PRESIDENT: 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/or resolutions.
Senator Bruno.
SENATOR BRUNO: Madam President,
I believe there are six privileged resolutions
at the desk. I would ask that the titles be
read and move for their immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: By Senator
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Seward, Legislative Resolution Number 3482,
congratulating the Marathon Central Girls'
Field Hockey Team upon the occasion of
capturing the 2001 New York State Public High
School Athletic Association Class D
Championship.
By Senator Marcellino, Legislative
Resolution Number 3488, honoring the members
of the East Norwich Fire Company for their
heroic actions in the wake of the terrorist
attacks on the World Trade Center on
September 11, 2001, and in the ongoing
recovery effort.
By Senator Marcellino, Legislative
Resolution Number 3491, honoring the members
of the Bayville Fire Company for their heroic
actions in the wake of the terrorist attacks
on the World Trade Center on September 11,
2001, and in the ongoing recovery effort.
By Senator Marcellino, Legislative
Resolution Number 3502, honoring the members
of the Glen Cove Fire Department for their
heroic actions in the wake of the terrorist
attacks on the World Trade Center on
September 11, 2001, and in the ongoing
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recovery effort.
By Senator Goodman, Legislative
Resolution Number 3569, paying tribute to the
life and accomplishments of H. Peter
Kriendler.
And by Senator Goodman, Legislative
Resolution Number 3693, paying tribute to the
life and accomplishments of Margaret Loeb
Kempner.
THE PRESIDENT: On the
resolutions, all in favor signify by saying
aye.
(Response of "Aye.")
THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolutions
are adopted.
Senator Bruno.
SENATOR BRUNO: Madam President,
I have a concurrent resolution at the desk. I
would ask that the title be read and move for
its immediate adoption.
THE PRESIDENT: The Secretary
will read.
THE SECRETARY: The Assembly
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sends for concurrence the following Assembly
concurrent resolution.
Senator Bruno moves to substitute
Senate Concurrent Resolution Number 3570 for
Assembly Concurrent Resolution Number 1575.
THE PRESIDENT: The substitution
is ordered.
The Secretary will read.
THE SECRETARY: Assembly
Concurrent Resolution Number 1575, of the
Senate and Assembly, relative to the
adjournment sine die of the 2001 session of
the Legislature.
SENATOR CONNOR: Madam President.
THE PRESIDENT: Senator Connor.
SENATOR CONNOR: It's better than
when they used to say "sinay die," but it's
sine die. The Latin.
Thank you.
THE PRESIDENT: The record will
so reflect, Senator Connor. And I believe
does so reflect.
On the concurrent resolution, all
those in favor please signify by saying aye.
(Response of "Aye.")
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THE PRESIDENT: Opposed, nay.
(No response.)
THE PRESIDENT: The resolution is
adopted.
The 224th Legislative Session is
now adjourned.
(Whereupon, at 12:19 p.m., the
Senate adjourned.)