Regular Session - May 14, 2002

                                                            3180







                           NEW YORK STATE SENATE











                          THE STENOGRAPHIC RECORD



















                             ALBANY, NEW YORK



                               May 14, 2002



                                 3:19 p.m.











                              REGULAR SESSION















            LT. GOVERNOR MARY O. DONOHUE, President



            STEVEN M. BOGGESS, Secretary



































                                                        3181







                           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:    In the absence of



                 clergy, may we each bow our head in a moment



                 of silence, please.



                            (Whereupon, the assemblage



                 respected a moment of silence.)



                            THE PRESIDENT:    Reading of the



                 Journal.



                            THE SECRETARY:    In Senate,



                 Monday, May 13, the Senate met pursuant to



                 adjournment.  The Journal of Sunday, May 12,



                 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.











                                                        3182







                            Messages from the Governor.



                            Reports of standing committees.



                            Reports of select committees.



                            Communications and reports from



                 state officers.



                            Motions and resolutions.



                            Senator McGee.



                            SENATOR McGEE:    Thank you, Madam



                 President.



                            Amendments are offered to the



                 following Third Reading Calendar bills:



                            Sponsored by Senator Kuhl,



                 page number 11, Calendar Number 260, Senate



                 Print 3947;



                            By Senator Marchi, page 36,



                 Calendar Number 739, Senate Print 1764;



                            By Senator Kuhl, page number 58,



                 Calendar Number 1017, Senate Print 6520;



                            By Senator Kuhl, page 67, Calendar



                 Number 1111, Senate Print 6777;



                            By Senator Trunzo, page 69,



                 Calendar Number 1127, Senate Print 3302;



                            By Senator Velella, page 75,



                 Calendar Number 1183, Senate Print 5334;



                            Sponsored by Senator Saland, page











                                                        3183







                 number 11, Calendar Number 245, Senate Print



                 5131A.



                            Madam President, I now move that



                 these bills retain their place on the order of



                 Third Reading Calendar.



                            THE PRESIDENT:    The amendments



                 are received, Senator, and the bills will



                 retain their place on the Third Reading



                 Calendar.



                            Senator Skelos.



                            SENATOR SKELOS:    Madam President,



                 are there any substitutions at the desk?



                            THE PRESIDENT:    Yes, there are,



                 Senator.



                            SENATOR SKELOS:    I ask that they



                 be made at this time.



                            THE PRESIDENT:    The Secretary



                 will read.



                            THE SECRETARY:    On page 73,



                 Senator Maltese moves to discharge, from the



                 Committee on Elections, Assembly Bill Number



                 3257 and substitute it for the identical



                 Senate Bill Number 2887A, Third Reading



                 Calendar 1166.



                            And on page 75, Senator Maltese











                                                        3184







                 moves to discharge, from the Committee on



                 Higher Education, Assembly Bill Number 9261



                 and substitute it for the identical Senate



                 Bill Number 6138, Third Reading Calendar 1185.



                            THE PRESIDENT:    The substitutions



                 are ordered.



                            Senator Skelos.



                            SENATOR SKELOS:    Madam President,



                 I move we adopt the Resolution Calendar, with



                 the exception of Resolution 5512.



                            THE PRESIDENT:    All in favor of



                 adopting the Resolution Calendar, with the



                 exception of Resolution 5512, signify by



                 saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The Resolution



                 Calendar is adopted.



                            Senator Skelos.



                            SENATOR SKELOS:    Madam President,



                 at this time could we have the title read on



                 Resolution 5512 and move for its immediate



                 adoption.



                            THE PRESIDENT:    The Secretary











                                                        3185







                 will read.



                            THE SECRETARY:    By Senator



                 Leibell, Legislative Resolution Number 5512,



                 memorializing Governor George E. Pataki to



                 proclaim Wednesday May 1, 2002, as Amyotrophic



                 Lateral Sclerosis Awareness Day in New York



                 State.



                            THE PRESIDENT:    The question is



                 on the resolution.  All in favor signify by



                 saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The resolution is

                 adopted.



                            Senator Skelos.



                            SENATOR SKELOS:    Madam President,



                 with the consent of the Minority, Senator



                 Leibell would like to put every member on the



                 resolution.  If anybody wishes not to be on



                 the resolution, they should notify the desk.



                            THE PRESIDENT:    Any member who



                 does not wish to be included on the resolution



                 that was just passed, please notify the desk.



                            Senator Skelos.











                                                        3186







                            SENATOR SKELOS:    Madam President,



                 there is a resolution at the desk by Senator



                 Carl Kruger.  I ask that the title be read and



                 move for its immediate adoption.



                            THE PRESIDENT:    The Secretary



                 will read.



                            THE SECRETARY:    By Senator C.



                 Kruger, legislative resolution honoring Steven



                 M. Barrison upon the occasion of the tenth



                 anniversary of BayFest, on May 19, 2002.



                            THE PRESIDENT:    The question is



                 on the resolution.  All in favor signify by



                 saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The resolution is



                 adopted.



                            Senator Skelos.



                            SENATOR SKELOS:    Madam President,



                 there will be an immediate meeting of the



                 Finance Committee in the Majority Conference



                 Room.



                            THE PRESIDENT:    There will be an



                 immediate meeting of the Finance Committee in











                                                        3187







                 the Majority Conference Room.



                            SENATOR SKELOS:    Madam President.



                            THE PRESIDENT:    Senator Skelos.



                            SENATOR SKELOS:    Would you please



                 recognize Senator Saland.



                            THE PRESIDENT:    Senator Saland.



                            SENATOR SALAND:    Thank you, Madam



                 President.



                            I rise for purposes of an



                 introduction.  I'm rather privileged to stand



                 here today in the Senate chamber and to



                 introduce to you a group of Nigerian



                 legislators and staff.  They've obviously



                 traveled quite some distance to get here, six



                 staff members and six legislators from -



                            THE PRESIDENT:    Excuse us,



                 Senator Saland.  You may proceed.



                            SENATOR SALAND:    Thank you, Madam



                 President.



                            -- six staff members and six



                 legislators from six of the Nigerian states.



                            They are here as part of an



                 international program which is being conducted



                 by the National Conference of State



                 Legislatures, of which I currently serve as











                                                        3188







                 the president.



                            I've had the opportunity to meet



                 with them; they have met with some members of



                 our Senate staff.  They have had the



                 opportunity to meet with the Deputy Minority



                 Leader, Senator Paterson.



                            And I would like to, at least



                 within their ranks, recognize, as we like to



                 do, the speaker from the Plateau State House



                 of Assembly, Speaker Simon Lalong, as well as



                 all of the other members of their delegation.



                            (Applause.)



                            SENATOR SALAND:    They are



                 accompanied by Patrick McCorry, of the



                 International Programs component of NCSL.



                            And tomorrow our colleagues in the



                 Assembly will also be going through a number



                 of processes and issues with them as we in the



                 Senate have today.



                            Thank you, Madam President.



                            THE PRESIDENT:    Senator Paterson.



                            SENATOR PATERSON:    Madam



                 President, I wanted to thank Senator Saland



                 for extending to me the opportunity to meet



                 with this great delegation from the different











                                                        3189







                 states of Nigeria.



                            This is a country that meant a lot



                 to me when I was 9 years old.  I wrote a



                 report about Nigeria in the fourth grade when,



                 at the time, the president's name was Abubakar



                 Balewa.



                            And from that time, this country's



                 great contribution to the economic development



                 and cultural history of the African continent



                 is certainly regaled and was best represented



                 by their presence here today.



                            And again, along with Senator



                 Saland, we welcome them and hope they enjoy



                 their visit until they leave on Thursday.



                            And who knows, maybe in the



                 upcoming World Cup tournament we'll be rooting



                 for the Super Eagles.



                            Thank you.



                            THE PRESIDENT:    Thank you,



                 Senators.



                            On behalf of the Senate, and as its



                 president, I want to extend to you a very warm



                 welcome.  We're very honored to have you here.



                 May you have an enjoyable, productive and



                 educational -- in a positive way -- trip here.











                                                        3190







                            Senator Espada.



                            SENATOR ESPADA:    Thank you, Madam



                 President.  May we have the noncontroversial



                 reading of the calendar, please.



                            THE PRESIDENT:    The Secretary



                 will read.



                            THE SECRETARY:    Calendar Number



                 441, by Senator Kruger, Senate Print 240, an



                 act to amend the Alcoholic Beverage Control



                 Law, in relation to penalties for violations



                 thereof.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect on the first day of



                 November.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 46.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 581, by Senator Larkin, Senate Print 6580A, an



                 act to amend Chapter 478 of the Laws of 1969,



                 authorizing the conveyance.











                                                        3191



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 3.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 46.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 668, by Senator Alesi, Senate Print 801, an



                 act to amend the General Business Law, in



                 relation to recordkeeping.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 7.  This



                 act shall take effect on the first day of



                 November.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 46.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 669, by the Assembly Committee on Rules,











                                                        3192







                 Assembly Print Number 9428, an act to amend a



                 chapter of the Laws of 2001 amending the



                 General Business Law.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect on the same date as a



                 chapter of the Laws of 2001.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 46.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 673, by Senator Spano, Senate Print 7067, an



                 act to amend the General Business Law, in



                 relation to the use of global positioning



                 systems.



                            THE PRESIDENT:    Senator Espada.



                            SENATOR ESPADA:    Madam President,



                 may we lay that bill aside for the day,



                 please.



                            THE PRESIDENT:    Yes, Senator, the



                 bill is laid aside for the day.



                            THE SECRETARY:    Calendar Number











                                                        3193







                 712, by Senator Balboni, Senate Print 6172, an



                 act authorizing the assessor of the County of



                 Nassau to accept an application.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 46.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 801, by Member of the Assembly Gunther,



                 Assembly Print Number 10152, an act to amend



                 the Agriculture and Markets Law, in relation



                 to the use of transportation of horses.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect on the 60th day.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 46.



                            THE PRESIDENT:    The bill is











                                                        3194







                 passed.



                            THE SECRETARY:    Calendar Number



                 828, by Senator Trunzo, Senate Print 6587A, an



                 act to amend the Real Property Tax Law, in



                 relation to providing a tax exemption.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect on the first day of



                 January.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 46.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 852, by Senator Nozzolio, Senate Print 7195A,



                 an act to amend the Highway Law, in relation



                 to the designation of the Lake Ontario Wine



                 Trail.



                            THE PRESIDENT:    Senator Espada.



                            SENATOR ESPADA:    Madam President,



                 may we lay 852 aside for the day.



                            And also, if I might, there is an



                 immediate meeting of the Rules Committee in











                                                        3195







                 the Majority Conference Room.



                            THE PRESIDENT:    Calendar 852 is



                 hereby laid aside for the day, Senator.



                            There will be an immediate meeting



                 of the Rules Committee in the Majority



                 Conference Room.



                            The Secretary will continue to



                 read.



                            THE SECRETARY:    Calendar Number



                 869, by Senator Volker, Senate Print 4048A, an



                 act to amend the Penal Law, in relation to the



                 possession and sale of firearms.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 8.  This



                 act shall take effect on the first day of



                 November.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 49.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    In relation to



                 Calendar 869, ayes, 48; nays, 1.  Senator



                 Nozzolio recorded in the negative.











                                                        3196







                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 884, by Senator Saland, Senate Print 7124, an



                 act to amend Chapter 505 of the Laws of 1985.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 49.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 970, by Member of the Assembly Schimminger,



                 Assembly Print Number 9980, an act to amend



                 the General Business Law, in relation to



                 exempting certain security guards.



                            SENATOR KUHL:    Lay it aside.



                            THE PRESIDENT:    The bill is laid



                 aside.



                            THE SECRETARY:    Calendar Number



                 1020, by Senator Leibell, Senate Print 6788,



                 an act to authorize the Kent Fire District.











                                                        3197







                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 49.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 1023, by Senator Hannon, Senate Print 6927, an



                 act authorizing the assessor of the County of



                 Nassau to accept an application.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 49.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 1042, by Senator Trunzo, Senate Print 5552, an



                 act to amend the Public Authorities Law and











                                                        3198







                 Chapter 774 of the Laws of 1950.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 7.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 49.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 1049, by Senator Marcellino, Senate Print



                 7183, an act to amend the Vehicle and Traffic



                 Law, in relation to special distinctive



                 conserve habitat license plates.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 49.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number











                                                        3199







                 1052, by Senator Espada, Senate Print 7285, an



                 act to amend the Highway Law, in relation to



                 designating a portion of the state highway



                 system.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 3.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 49.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 1062, by Senator Meier, Senate Print 1312A, an



                 act to amend the Town Law, in relation to



                 increasing the amount.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect on the first day of



                 January.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 49.











                                                        3200







                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 1078, by Senator LaValle, Senate Print 6373,



                 an act to authorize payment to the Riverhead



                 Central School District.



                            THE PRESIDENT:    There is a local



                 fiscal impact note at the desk.



                            Read the last section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 49.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 1083, by Senator Marchi, Senate Print 2546, an



                 act to amend the Not-for-Profit Corporation



                 Law, in relation to reacquisition.



                            THE PRESIDENT:    Senator Espada.



                            SENATOR ESPADA:    Madam President,



                 may we lay that bill aside for the day,



                 please.



                            THE PRESIDENT:    Yes, Senator, the











                                                        3201







                 bill is laid aside for the day.



                            THE SECRETARY:    Calendar Number



                 1090, by Senator Bonacic, Senate Print 6555,



                 an act to amend Chapter 915 of the Laws of



                 1982 amending the Public Authorities Law.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 3.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 49.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 1105, by Senator Stafford, Senate Print 3968,



                 an act to amend the Tax Law, in relation to



                 the terms of a sales tax distribution



                 agreement.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)











                                                        3202







                            THE SECRETARY:    Ayes, 51.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 1117, by Senator Lack, Senate Print 2164, an



                 act to amend the Correction Law, in relation



                 to information disseminated.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect on the 90th day.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 51.



                            THE PRESIDENT:    The bill is



                 passed.



                            THE SECRETARY:    Calendar Number



                 1185, substituted earlier today by the



                 Assembly Committee on Rules, Assembly Print



                 Number 9261, an act to amend the Education



                 Law, in relation to the renaming of the



                 New York City Technical College.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 6.  This











                                                        3203







                 act shall take effect August 1, 2001.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 51.



                            THE PRESIDENT:    The bill is



                 passed.



                            Senator Espada, that completes the



                 reading of the noncontroversial calendar.



                            SENATOR ESPADA:    Madam President,



                 we'd like to announce an immediate meeting of



                 the Civil Service and Pensions Committee in



                 the Majority Conference Room, please.



                            THE PRESIDENT:    There will be an



                 immediate meeting of the Civil Service and



                 Pensions Committee in the Majority Conference



                 Room.



                            Senator Espada.



                            SENATOR ESPADA:    Also, if we



                 could move to the reports of standing



                 committees and the Finance Committee report,



                 please.



                            THE PRESIDENT:    Reports of



                 standing committees, Finance Committee report.



                            The Secretary will read.



                            THE SECRETARY:    Senator Stafford,











                                                        3204







                 from the Committee on Finance, reports the



                 following bill direct to third reading:



                            Senate Print 7403, by the Senate



                 Committee on Rules, an act making



                 appropriations for the support of government.



                            THE PRESIDENT:    Without



                 objection, the bill reported direct to third



                 reading.



                            Senator Espada.



                            SENATOR ESPADA:    Madam President,



                 if we could please take up Calendar 1194 at



                 this time, please.



                            THE PRESIDENT:    The Secretary



                 will read.



                            THE SECRETARY:    In relation to



                 Calendar Number 1194, Senator Stafford moves



                 to discharge, from the Committee on Finance,



                 Assembly Bill Number 11389 and substitute it



                 for the identical Senate Bill Number 7403,



                 Third Reading Calendar 1194.



                            THE PRESIDENT:    Substitution



                 ordered.



                            The Secretary will read.



                            THE SECRETARY:    Calendar Number



                 1194, by the Assembly Committee on Rules,











                                                        3205







                 Assembly Print Number 11389, an act making



                 appropriations for the support of government.



                            SENATOR PATERSON:    Explanation.



                            THE PRESIDENT:    Senator Espada.



                            SENATOR ESPADA:    Madam President,



                 is there a message of necessity and



                 appropriation at the desk?



                            THE PRESIDENT:    Yes, there is,



                 Senator.



                            SENATOR ESPADA:    Move to accept,



                 Madam President.



                            THE PRESIDENT:    All in favor of



                 accepting the message of necessity and



                 appropriation please signify by saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The message is



                 accepted.



                            SENATOR HEVESI:    Madam President.



                            THE PRESIDENT:    Senator Hevesi.



                            SENATOR HEVESI:    Thank you, Madam



                 President.  I rise to request unanimous



                 consent to be recorded in the negative on



                 Calendar 828, Senate Print 6587A.











                                                        3206







                            THE PRESIDENT:    You will be so



                 recorded as voting in the negative, Senator.



                            SENATOR HEVESI:    Thank you, Madam



                 President.



                            THE PRESIDENT:    Read the last



                 section.



                            THE SECRETARY:    Section 25.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE PRESIDENT:    Senator Paterson,



                 do you wish to explain your vote?



                            SENATOR PATERSON:    I vote aye,



                 Madam President.



                            THE PRESIDENT:    You will be



                 recorded in the affirmative, Senator.



                            THE SECRETARY:    Ayes, 52.



                            THE PRESIDENT:    The bill is



                 passed.



                            Senator Espada.



                            SENATOR ESPADA:    If we could



                 return to the reports of standing committees,



                 from the Rules Committee, please.



                            THE PRESIDENT:    Reports of



                 standing committees, Rules Committee.











                                                        3207







                            The Secretary will read.



                            THE SECRETARY:    Senator Bruno,



                 from the Committee on Rules, reports the



                 following bill direct to third reading:



                            Senate Print 7404, by the Senate



                 Committee on Rules, an act to amend the State



                 Finance Law.



                            THE PRESIDENT:    Senator Espada.



                            SENATOR ESPADA:    Madam President,



                 move to accept the report of the Rules



                 Committee, please.



                            THE PRESIDENT:    All in favor of



                 accepting the report of the Rules Committee



                 please signify by saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The report is



                 accepted.



                            Senator Espada.



                            SENATOR ESPADA:    Madam President,



                 thank you.  If we could move to call Calendar



                 1195, please.



                            THE PRESIDENT:    The Secretary



                 will read.











                                                        3208







                            THE SECRETARY:    In relation to



                 Calendar Number 1195, Senator Bruno moves to



                 discharge, from the Committee on Rules,



                 Assembly Bill Number 11390 and substitute it



                 for the identical Senate Bill Number 7404,



                 Third Reading Calendar 1195.



                            THE PRESIDENT:    Substitution



                 ordered.



                            The Secretary will read.



                            THE SECRETARY:    Calendar Number



                 1195, by the Assembly Committee on Rules,



                 Assembly Print Number 11390, an act to amend



                 the State Finance Law, in relation to the



                 payment of general purpose local government



                 aid.



                            THE PRESIDENT:    Senator Espada.



                            SENATOR ESPADA:    Is there a



                 message of necessity at the desk?



                            THE PRESIDENT:    Yes, there is a



                 message of necessity at the desk, Senator.



                            SENATOR ESPADA:    Move to accept,



                 please.



                            THE PRESIDENT:    All in favor of



                 accepting the message of necessity please



                 signify by saying aye.











                                                        3209







                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The message of



                 necessity is accepted.



                            Read the last section.



                            THE SECRETARY:    Section 2.  This



                 act shall take effect immediately.



                            THE PRESIDENT:    Call the roll.



                            (The Secretary called the roll.)



                            THE SECRETARY:    Ayes, 53.



                            THE PRESIDENT:    The bill is



                 passed.



                            Senator Dollinger.



                            SENATOR DOLLINGER:    Madam



                 President, could I have unanimous consent to



                 be recorded in the negative on Calendar



                 Numbers 712, 1023, and 1194 -- on those three,



                 Madam President.



                            THE PRESIDENT:    And on all three



                 bills you will be recorded as voting in the



                 negative.



                            SENATOR DOLLINGER:    Thank you.



                            THE PRESIDENT:    Senator Espada.



                            SENATOR ESPADA:    Madam President,











                                                        3210







                 may we lay aside Bill Number 970 for the day,



                 please.



                            THE PRESIDENT:    The bill is laid



                 aside for the day.



                            Senator Espada.



                            SENATOR ESPADA:    Madam President,



                 may the Senate stand at ease for a minute or



                 so.



                            THE PRESIDENT:    The Senate stands



                 at ease.



                            (Whereupon, the Senate stood at



                 ease at 3:45 p.m.)



                            (Whereupon, the Senate reconvened



                 at 4:26 p.m.)



                            SENATOR SKELOS:    Madam President.



                            THE PRESIDENT:    The Senate will



                 come to order.



                            Senator Skelos.



                            SENATOR SKELOS:    Madam President,



                 if we could return to motions and resolutions,



                 there are two privileged resolutions at the



                 desk by Senator Schneiderman.  I ask that the



                 titles be read and move for their immediate



                 adoption.



                            THE PRESIDENT:    Motions and











                                                        3211







                 resolutions.



                            The Secretary will read.



                            THE SECRETARY:    By Senator



                 Schneiderman, legislative resolution



                 commending Judy Kaufthal upon the occasion of



                 her selection as Guest of Honor at the



                 Riverdale YM-YWHA Annual Dinner on May 21,



                 2002.



                            And by Senator Schneiderman,



                 legislative resolution honoring Helen Balsam



                 upon the occasion of her designation as



                 recipient of the Saxe Humanitarian Award by



                 the Riverdale YM-YWHA on May 21, 2002.



                            SENATOR LIBOUS:    Senator Skelos.



                            SENATOR SKELOS:    Move to adopt



                 the resolutions.



                            THE PRESIDENT:    The motion is on



                 the resolutions.  All in favor please signify



                 by saying aye.



                            (Response of "Aye.")



                            THE PRESIDENT:    Opposed, nay.



                            (No response.)



                            THE PRESIDENT:    The resolutions



                 are adopted.



                            Senator Skelos.











                                                        3212







                            SENATOR SKELOS:    Madam President,



                 is there any housekeeping at the desk?



                            THE PRESIDENT:    Yes, Senator



                 Skelos.  Senator Libous has a motion.



                            SENATOR SKELOS:    Please recognize



                 Senator Libous.



                            THE PRESIDENT:    Senator Libous.



                            SENATOR LIBOUS:    Thank you, Madam



                 President.



                            On behalf of Senator Stafford, I



                 wish to call up his bill, Print Number 6091,



                 recalled from the Assembly, which is now at



                 the desk.



                            THE PRESIDENT:    The Secretary



                 will read.



                            THE SECRETARY:    Calendar Number



                 620, by Senator Stafford, Senate Print 6091,



                 an act to amend the Public Authorities Law.



                            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 call the roll upon reconsideration.



                            (The Secretary called the roll.)











                                                        3213







                            THE SECRETARY:    Ayes, 56.



                            SENATOR LIBOUS:    Madam President,



                 I offer up the following amendments.



                            THE PRESIDENT:    The amendments



                 are received.



                            Senator Skelos.



                            SENATOR SKELOS:    Madam President,



                 prior to adjourning I just want to mention



                 that there's going to be an immediate



                 conference of the Majority in the Majority



                 Conference Room.



                            And there being no further



                 business, I move we adjourn until Wednesday,



                 May 15th, at 11:00 a.m.



                            THE PRESIDENT:    There will be an



                 immediate meeting of the Majority in the



                 Majority Conference Room.



                            On motion, the Senate stands



                 adjourned until Tuesday, May 15th, at



                 11:00 a.m.



                            (Whereupon, at 4:29 p.m., the



                 Senate adjourned.)