Regular Session - April 28, 2003

                                                            2088



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                              April 28, 2003

                                 3:35 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:    In the absence of

                 clergy, may we bow our heads in a moment of

                 silence, please.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            THE PRESIDENT:    Reading of the

                 Journal.

                            THE SECRETARY:    In Senate,

                 Sunday, April 27, the Senate met pursuant to

                 adjournment.  The Journal of Saturday,

                 April 26, 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.



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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 Fuschillo.

                            SENATOR FUSCHILLO:    Thank you,

                 Madam President.

                            On behalf of Senator McGee, on

                 page number 26 I offer the following

                 amendments to Calendar Number 388, Senate

                 Print Number 2963, and ask that said bill

                 retain its place on Third Reading Calendar.

                            THE PRESIDENT:    The amendments

                 are received, and the bill will retain its

                 place on the Third Reading Calendar, Senator.

                            SENATOR FUSCHILLO:    Madam

                 President, on behalf of Senator Marcellino, on

                 page number 26 I offer the following

                 amendments to Calendar Number 390, Senate

                 Print Number 769, and ask that said bill

                 retain its place on Third Reading Calendar.

                            THE PRESIDENT:    The amendments

                 are received, and the bill will retain its



                                                        2091



                 place on the Third Reading Calendar.

                            SENATOR FUSCHILLO:    Madam

                 President, on behalf of Senator Kuhl, on

                 page number 28 I offer the following

                 amendments to Calendar Number 415, Senate

                 Print 2974, and ask that said bill retain its

                 place on Third Reading Calendar.

                            THE PRESIDENT:    Those amendments

                 are also received, and the bill will retain

                 its place on the Third Reading Calendar.

                            Senator Meier.

                            SENATOR MEIER:    Thank you, Madam

                 President.

                            On page number 23, I offer the

                 following amendments to Calendar Number 337,

                 Senate Print Number 288, and ask that said

                 bill retain its place on the Third Reading

                 Calendar.

                            THE PRESIDENT:    The amendments to

                 the bill are received, Senator, and it will

                 retain its place on the Third Reading

                 Calendar.

                            SENATOR MEIER:    Thank you, Madam

                 President.

                            Madam President, on behalf of



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                 Senator Balboni, on page number 25 I offer the

                 following amendments to Calendar Number 372,

                 Senate Print Number 2498A, and ask that said

                 bill retain its place on the Third Reading

                 Calendar.

                            THE PRESIDENT:    The amendments

                 are also received, and the bill will retain

                 its place on the Third Reading Calendar.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.

                            On behalf of Senator

                 Hassell-Thompson, I would request that Senate

                 Bill Number 3854 be discharged from committee

                 and be recommitted with instructions to strike

                 the enacting clause.

                            THE PRESIDENT:    So ordered,

                 Senator.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            THE PRESIDENT:    Senator Kuhl.

                            SENATOR KUHL:    Yes, Madam

                 President.  I'd like to announce an immediate

                 meeting of the Senate Finance Committee in the

                 Majority Conference Room.

                            THE PRESIDENT:    There will be an



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                 immediate meeting of the Senate Finance

                 Committee in the Majority Conference Room.

                            Senator Kuhl.

                            SENATOR KUHL:    Yes, Madam

                 President.  I believe there's a privileged

                 resolution, Number 1374, by Senator Leibell at

                 the desk.  I'd ask that the title of that be

                 read and move for immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Leibell, Legislative Resolution Number 1374

                 commending Thomas T. Keasbey upon the occasion

                 of his designation for special honor by the

                 Patterson Historical Society on April 26,

                 2003.

                            THE PRESIDENT:    All in favor of

                 the resolution please signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Kuhl.

                            SENATOR KUHL:    Yes, Madam



                                                        2094



                 President.  I believe also there's a

                 privileged resolution by Senator Schneiderman

                 at the desk.  I'd ask that the title be read

                 and move for immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Schneiderman, Legislative Resolution Number

                 1375 mourning the untimely death of Sergeant

                 Riayan A. Tejeda, and paying tribute to his

                 courageous actions as a member of the United

                 States Marine Corps.

                            THE PRESIDENT:    All in favor of

                 the resolution please signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Kuhl.

                            SENATOR KUHL:    Yes, Madam

                 President.  May we now have the

                 noncontroversial reading of the calendar.

                            THE PRESIDENT:    The Secretary

                 will read.



                                                        2095



                            THE SECRETARY:    Calendar Number

                 150, by Senator Marcellino, Senate Print 788,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to aggravated unlicensed

                 operation.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 155, by Senator Skelos, Senate Print 1735A, an

                 act to amend the Highway Law, in relation to

                 ratifying and confirming.

                            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.)



                                                        2096



                            THE SECRETARY:    Ayes, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 191, by Senator Larkin, Senate Print 1189, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to authorizing the City of Newburgh.

                            THE PRESIDENT:    There is a

                 home-rule message 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, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 300, by Senator DeFrancisco, Senate Print

                 2289, an act to amend the General Obligations

                 Law, in relation to the statutory short form

                 power of attorney.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 5.  This



                                                        2097



                 act shall take effect on the first of January.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 339, by Senator Libous, Senate Print 2182, an

                 act to amend the Mental Hygiene Law, in

                 relation to directing the State Commission on

                 Quality of Care.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 380, by Senator Volker, Senate Print 3239, an

                 act to amend the Criminal Procedure Law, in

                 relation to when a police officer may arrest a

                 person.



                                                        2098



                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 394, by Senator Rath, Senate Print 878, an act

                 to amend the County Law and others, in

                 relation to providing financial assistance.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 23.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 397, by Senator Fuschillo, Senate Print 1781,



                                                        2099



                 an act to establish the Baldwin-Grand Canal

                 repair and maintenance district.

                            THE PRESIDENT:    There is a

                 home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 18.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 51.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 398, by Senator Fuschillo, Senate Print 1782,

                 an act to establish the Baldwin-West End Canal

                 repair and maintenance district.

                            THE PRESIDENT:    There is a

                 home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 18.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 52.

                            THE PRESIDENT:    The bill is



                                                        2100



                 passed.

                            THE SECRETARY:    Calendar Number

                 410, by Senator Morahan, Senate Print 1766, an

                 act to amend the Military Law, in relation to

                 extending certain benefits.

                            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, 52.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 437, by Senator Saland, Senate Print 1573, an

                 act to authorize the Church of Jesus Christ

                 Incorporated, City of Poughkeepsie, County of

                 Dutchess.

                            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.)



                                                        2101



                            THE SECRETARY:    Ayes, 52.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Kuhl, that completes the

                 noncontroversial reading of the calendar.

                            SENATOR KUHL:    Yes, Madam

                 President.  Would you recognize Senator

                 DeFrancisco, please.

                            THE PRESIDENT:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:    I would

                 like to ask for unanimous consent to be voted

                 in the negative on Calendar 339, Senate Print

                 2182.

                            THE PRESIDENT:    Hearing no

                 objection, Senator, you will be so recorded as

                 voting in the negative.

                            Senator Kuhl.

                            SENATOR KUHL:    Yes, Madam

                 President.  We went through that part of the

                 calendar very quickly, so -- we're awaiting

                 the report of the Finance Committee.  So could

                 we stand at ease for just a couple of minutes

                 awaiting that report.

                            THE PRESIDENT:    The Senate stands



                                                        2102



                 at ease.

                            (Whereupon, the Senate stood at

                 ease at 3:45 p.m.)

                            (Whereupon, the Senate reconvened

                 at 4:00 p.m.)

                            THE PRESIDENT:    We will return to

                 reports of standing committees.

                            Senator Kuhl.

                            SENATOR KUHL:    Madam President, I

                 understand there's a report from the Finance

                 Committee at the desk.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Senator Johnson,

                 from the Committee on Finance, reports the

                 following bills:

                            Senate Print 4866, by the Senate

                 Committee on Rules, an act making

                 appropriations for the support of government;

                            And Senate Print 4867, by the

                 Senate Committee on Rules, an act to amend

                 Chapter 21 of the Laws of 2003.

                            Both bills ordered direct to third

                 reading.

                            THE PRESIDENT:    Without



                                                        2103



                 objection, both bills ordered direct to third

                 reading.

                            Senator Kuhl.

                            SENATOR KUHL:    Yes, Madam

                 President.  Could you call up now Calendar

                 Number 508, please.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 508, by the Senate Committee on Rules, Senate

                 Print 4866, an act making appropriations for

                 the support of government.

                            THE PRESIDENT:    Senator Kuhl.

                            SENATOR KUHL:    Is there a message

                 of necessity and appropriation at the desk,

                 Madam President?

                            THE PRESIDENT:    Yes, there is,

                 Senator Kuhl.

                            SENATOR KUHL:    Move we accept the

                 message.

                            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.



                                                        2104



                            (No response.)

                            THE PRESIDENT:    The message is

                 accepted.

                            SENATOR KUHL:    Could you lay that

                 bill aside.

                            THE PRESIDENT:    The bill is laid

                 aside, Senator.

                            SENATOR KUHL:    May we call up

                 Calendar Number 509, Madam President.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 509, by the Senate Committee on Rules, Senate

                 Print 4867, an act to amend Chapter 21 of the

                 Laws of 2003.

                            THE PRESIDENT:    Senator Kuhl.

                            SENATOR KUHL:    Is there a message

                 of necessity at the desk on Calendar Number

                 509?

                            THE PRESIDENT:    Yes, there is,

                 Senator.

                            SENATOR KUHL:    Move we accept the

                 message.

                            THE PRESIDENT:    All in favor of

                 accepting the message of necessity please



                                                        2105



                 signify by saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The message is

                 accepted.

                            Senator Kuhl.

                            SENATOR KUHL:    Please lay that

                 bill aside for a moment.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            SENATOR KUHL:    Madam President.

                            THE PRESIDENT:    Senator Kuhl.

                            SENATOR KUHL:    Could we now take

                 up Calendar Number 508.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 508, by the Senate Committee on Rules, Senate

                 Print 4866, an act making appropriations for

                 the support of government.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            THE PRESIDENT:    Senator Johnson,

                 an explanation has been requested.



                                                        2106



                            SENATOR JOHNSON:    Madam

                 President, this bill appropriates $1.5 billion

                 to various state departments to meet the

                 scheduled state payments due April 28th to

                 May 4th.

                            THE PRESIDENT:    Read the last

                 section.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Madam President.  Briefly on the bill.

                            THE PRESIDENT:    You may proceed

                 on the bill, Senator.

                            SENATOR SCHNEIDERMAN:    These two

                 bills are further budget extenders.  I plan to

                 vote no for the same reason we have voted

                 against the other extensions offered to this

                 house thus far this year.

                            We are not giving the programs that

                 our constituents rely on the resources they

                 need to continue.  We're going through this

                 process where the Governor picks and chooses

                 what programs he wishes to fund.  And I will

                 repeat what we said two weeks ago:  Real

                 people are being hurt by the failure to fund

                 programs.  This is no way to run a state



                                                        2107



                 budget.

                            We have an obligation, if the

                 Governor is not going to come to the table and

                 work with us, to proceed as a Legislature and

                 be prepared to deal with this matter on our

                 own.  These extenders are causing real damage.

                            I'm going to vote no.  I hope that

                 we can move forward this week to actually

                 confront these issues and pass a real budget.

                            Thank you, Madam President.

                            THE PRESIDENT:    Senator Krueger.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if the sponsor would yield for a

                 question.

                            THE PRESIDENT:    Senator Johnson,

                 will you yield for a question?

                            SENATOR JOHNSON:    Yes, Madam

                 President.

                            THE PRESIDENT:    You may proceed,

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you.

                 Through you, Madam President.

                            I understand the arguments for

                 extender bills when we fail to do our jobs and

                 get the budget done.  But could you explain to



                                                        2108



                 me why week after week we're asked to pass

                 extender bills that provide no money for

                 school aid?

                            We are now up to $4.5 billion that

                 we have not paid but owe to school districts,

                 $2 billion for my own City of New York.  If we

                 are trapped into extender bills, which I

                 believe might be one of your arguments,

                 because we've had this each week, why do the

                 extender bills continue to not fund anything

                 for school aid?

                            SENATOR JOHNSON:    Senator, it's

                 against the law to write a rubber check.

                 There's not enough money in the budget right

                 now to pay those school payments, not enough

                 money available to pay those payments.  And so

                 that's why we've put it off.

                            We are hopeful we'll have a budget

                 this week.  Certainly the Republican Majority

                 desires to have a budget this week.  We're

                 going to try to do that.  And those things

                 will be resolved subsequent to that.

                            SENATOR LIZ KRUEGER:    Madam

                 President, if, through you, the sponsor would

                 yield to one more question.



                                                        2109



                            THE PRESIDENT:    Senator Johnson,

                 will you yield for a question?

                            SENATOR JOHNSON:    Yes, Madam

                 President.

                            THE PRESIDENT:    You may proceed,

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    If in fact,

                 Senator, it's not okay to write rubber

                 checks -- which I would agree, the State of

                 New York should not write rubber checks -- why

                 did we decide to do an extender bill for other

                 items but not for education?

                            How did we prioritize not investing

                 in education with our limited funds but

                 investing in any number of other programs over

                 the course of I guess this would be the fourth

                 extender bill this year?

                            SENATOR JOHNSON:    All I can tell

                 you is that we are paying the bills which are

                 urgent to be paid now -- payroll, Social

                 Security, HIV/AIDS programs, nutritional

                 services, and so on and so on.  But we don't

                 have $1.6 billion available to pay the school

                 aid right now.

                            And as you know, we all desire to



                                                        2110



                 give the schools the money as soon as

                 possible.  And I'm sure when the money is

                 available, we will do so.

                            SENATOR LIZ KRUEGER:    Madam

                 President, quickly on the bill.

                            THE PRESIDENT:    You may proceed,

                 Senator.

                            SENATOR LIZ KRUEGER:    Just to

                 highlight what we've said here every week I

                 believe that we've been asked to pass extender

                 bills, I'll also not be voting for this.  I

                 urge my colleagues not to.

                            We must get a budget done.  And we

                 must be constantly reminded of the real price

                 that real people are paying in the state of

                 New York for our failure to get the budget

                 done.

                            And again, just continuing on the

                 theme of our failure to provide school aid,

                 the localities of the state are now paying

                 approximately half a million dollars a day in

                 interest to borrow the money to continue the

                 operation of our schools because we have not

                 done our jobs here in Albany.

                            Thank you, Madam President.



                                                        2111



                            THE PRESIDENT:    Does any other

                 member wish to be heard on this bill?

                            Then the debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 18.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 508 are

                 Senators Andrews, Breslin, Brown, Dilan,

                 Duane, Hassell-Thompson, L. Krueger, Lachman,

                 Montgomery, Onorato, Parker, Paterson, Sabini,

                 Schneiderman, A. Smith, and Stavisky.  Ayes,

                 44.  Nays, 16.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 would you please call up Calendar Number 509.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 509, by the Senate Committee on Rules, Senate

                 Print 4867, an act to amend Chapter 21 of the



                                                        2112



                 Laws of 2003 amending the Executive Law.

                            THE PRESIDENT:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Madam

                 President, very briefly on the bill.

                            I'm voting no on this for the same

                 reason; this is the language bill that

                 accompanies the appropriation.  It's time for

                 us to do a budget, time for us to fund the

                 schools, not time for us to play around with

                 these inadequate, repetitive, temporary

                 extenders.

                            Thank you.

                            THE PRESIDENT:    Does any other

                 member wish to be heard on this bill?

                            Then the debate is closed.

                            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:    Those recorded in

                 the negative on Calendar Number 509 are

                 Senators Andrews, Breslin, Brown, Dilan,

                 Duane, Hassell-Thompson, L. Krueger, Lachman,



                                                        2113



                 Montgomery, Onorato, Parker, Paterson, Sabini,

                 Schneiderman, A. Smith, and Stavisky.  Ayes,

                 44.  Nays, 16.

                            THE PRESIDENT:    The bill is

                 passed.

                            Senator Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.  With unanimous consent, I'd like

                 to be recorded in the negative on Calendar

                 Number 380 and Calendar Number 415, please.

                            THE PRESIDENT:    Hearing no

                 objection, you will be recorded as voting in

                 the negative on 380.

                            But 415 was not passed, it was

                 amended.  So we'll just deal with the first

                 one.

                            Senator Parker.

                            SENATOR PARKER:    Yes, Madam

                 President.  I'd like to request unanimous

                 consent to be recorded in the negative on

                 Calendar Number 380.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded, Senator

                 Parker, as voting in the negative.

                            Senator Montgomery.



                                                        2114



                            SENATOR MONTGOMERY:    Yes, Madam

                 President, I would like unanimous consent to

                 be recorded in the negative on Calendar 380.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            SENATOR MONTGOMERY:    Thank you.

                            THE PRESIDENT:    Senator

                 Hassell-Thompson.

                            SENATOR HASSELL-THOMPSON:    Thank

                 you, Madam President.  I too would like to be

                 recorded in the negative on Calendar 380.

                            THE PRESIDENT:    Hearing no

                 objection, you will be so recorded as voting

                 in the negative.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there any housekeeping at the desk?

                            THE PRESIDENT:    No, there isn't,

                 Senator.

                            SENATOR SKELOS:    There being no

                 further business, I move the Senate stands

                 adjourned until Tuesday, April 29th, at

                 3:00 p.m.

                            THE PRESIDENT:    On motion, the



                                                        2115



                 Senate stands adjourned until tomorrow,

                 Tuesday, April 29th, at 3:00 p.m.

                            (Whereupon, at 4:13 p.m., the

                 Senate adjourned.)