Regular Session - February 24, 2004
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NEW YORK STATE SENATE
THE STENOGRAPHIC RECORD
ALBANY, NEW YORK
February 24, 2004
12:21 p.m.
REGULAR SESSION
SENATOR PATRICIA MCGEE, Acting President
STEVEN M. BOGGESS, Secretary
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P R O C E E D I N G S
ACTING PRESIDENT McGEE: The
Senate will come to order.
I ask everyone present to please
rise and repeat with me the Pledge of
Allegiance.
(Whereupon, the assemblage recited
the Pledge of Allegiance to the Flag.)
ACTING PRESIDENT McGEE: The
invocation today will be given by Reverend
Jacques Michel, who is minister of the
Overseer Holiness Church of God of the United
States, in Spring Valley, New York.
REVEREND MICHEL: Let us pray.
Dear Lord, we are very grateful for
the renewed energy and enthusiasm You have
brought at the beginning of this new day.
May You guide this New York State
Senate in every problem that they shall face,
every decision they shall make from this day
on. Quicken their mind, alert their
perception, and deepen their understanding.
Our heavenly Father, this New York
State Senate humbly bow to Thy will, and we
thank You for helping them think positively
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and sensitively over this long overdue
recognition conducive to the passing of this
resolution honoring our forefathers of Haitian
descent who fought alongside American troops
at the Battle of Savannah, Georgia, on
October 9, 1779, for America's freedom.
Yesterday You brought these two
nations together as blood brothers, and today,
as their great-grandchildren, we are here
celebrating our independence and our freedom
and the fruits of our socio-political-economic
growth.
For this we give Thee thanks, O
Lord, as we are ever grateful for Your
continued blessing extended upon our families,
the great State of New York, and these United
States of America.
Let us all say amen.
ACTING PRESIDENT McGEE: Reading
of the Journal.
THE SECRETARY: In Senate,
Monday, February 23, the Senate met pursuant
to adjournment. The Journal of Sunday,
February 22, was read and approved. On
motion, Senate adjourned.
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ACTING PRESIDENT McGEE: Without
objection, the Journal stands approved as
read.
Presentation of petitions.
Messages from the Assembly.
Messages from the Governor.
Reports of standing committees.
The Secretary will read.
THE SECRETARY: Senator Larkin,
from the Committee on Racing, Gaming and
Wagering, reports:
Senate Print 1129, by Senator
Wright, an act to amend the Tax Law;
2128, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
3872, by Senator Larkin, an act to
amend the Racing, Pari-Mutuel Wagering and
Breeding Law;
4167, by Senator Larkin, an act to
amend the General Municipal Law;
And Senate Print 4443, by Senator
Bonacic, an act to amend the Tax Law.
All bills ordered direct to third
reading.
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ACTING PRESIDENT McGEE: All
bills reported direct to third reading.
Reports of select committees.
Communications and reports from
state officers.
Motions and resolutions.
Senator Skelos.
SENATOR SKELOS: Madam President,
are there any substitutions at the desk?
ACTING PRESIDENT McGEE: Yes.
SENATOR SKELOS: If we could make
them at this time.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: On page 4,
Senator Golden moves to discharge, from the
Committee on Investigations and Government
Operations, Assembly Bill Number 6896A and
substitute it for the identical Senate Bill
Number 2668A, Third Reading Calendar 2.
On page 19, Senator Fuschillo moves
to discharge, from the Committee on Consumer
Protection, Assembly Bill Number 9616 and
substitute it for the identical Senate Bill
Number 6069, Third Reading Calendar 262.
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And on page 21, Senator Spano moves
to discharge, from the Committee on Labor,
Assembly Bill Number 5827 and substitute it
for the identical Senate Bill Number 2730A,
Third Reading Calendar 274.
ACTING PRESIDENT McGEE:
Substitutions ordered.
Senator Skelos.
SENATOR SKELOS: Madam President,
at this time I'd like to adopt the Resolution
Calendar, with the exception of Resolutions
3353, 3578, 3579, and 3612.
ACTING PRESIDENT McGEE: All in
favor of adopting the Resolution Calendar,
with the exceptions of Resolutions 3353, 3578,
and 3579, signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: Also the
exception of Resolution 3612.
The Resolution Calendar is adopted.
Senator Skelos.
SENATOR SKELOS: Madam President,
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if we could recommit Resolution 3612 to the
Committee on Finance.
ACTING PRESIDENT McGEE: So
ordered.
SENATOR SKELOS: And at this
time, if we could take up Resolution 3353, by
Senator Morahan, have it read in its entirety,
and move for its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Morahan, Legislative Resolution Number 3353,
commemorating the 200th Anniversary of the
Independence of Haiti from France.
"WHEREAS, It is the sense of this
Legislative Body to recognize and pay tribute
to the cultural heritage of the ethnic groups
which comprise and contribute to the richness
and diversity of the community of the State of
New York; and
"WHEREAS, Attendant to such
concern, and in keeping with its time-honored
traditions, it is the intent of this
Legislative Body to commemorate the 200th
Anniversary of the Independence of Haiti from
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France; and
"WHEREAS, On January 1, 1804, after
a prolonged struggle, Haiti proclaimed its
independence from France, becoming the second
independent state in the Western Hemisphere
and the first free black republic in the
world; and
"WHEREAS, The celebration of
Haitian independence affirms the culture,
identity, and self-esteem of a people. It
honors a rich heritage and illuminates Haitian
history and tradition, as well as the spirit
of an indomitable people; and
"WHEREAS, The people of this great
state and nation and Haiti enjoy a deep and
abiding relationship rooted in kinship and
culture, and many New Yorkers proudly trace
their own roots to Haiti; and
"WHEREAS, The Anniversary of the
Independence of Haiti from France is a time to
celebrate the aspirations and values that have
been shared with Haitians for generations, and
to recognize the countless contributions of
Americans and New Yorkers of Haitian descent
to every aspect of society; and
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"WHEREAS, The State of New York is
greatly enriched by its large population of
citizens of Haitian ancestry. In New York
City alone, the population of New Yorkers of
Haitian descent is at least 118,000, according
to the 2000 census report, but it is believed
to be even higher; and
"WHEREAS, The 200th Anniversary of
Haiti's Independence provides an opportunity
to recognize the significance of their
contributions to the quality and character of
life, and, through events and activities, for
all people to gain a greater appreciation of
Haitian history and traditions, and of the
role Haitian-Americans have played and will
continue to play in our society; and
"WHEREAS, This Legislative Body is
pleased to have this opportunity to recognize
such events of significance which foster
ethnic pride and exemplify the cultural
diversity that represents and strengthens the
fabric of the people and of the State of
New York; now, therefore, be it
"RESOLVED, That this Legislative
Body pause in its deliberations to commemorate
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the 200th Anniversary of the Independence of
Haiti from France, and be it further
"RESOLVED, That copies of this
resolution, suitably engrossed, be transmitted
to the Reverend Dr. Jacques O. D'i Michel,
Founder and National Chairman of H.A.V.E.N.,
Spring Valley, New York; Mr. Harry J. Fouche,
Haitian Consul General in New York; and to
Haitian/American Voters and Entrepreneurs
National (H.A.V.E.N.)."
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
signify by saying aye.
SENATOR MORAHAN: Madam
President.
ACTING PRESIDENT McGEE: Senator
Morahan.
SENATOR MORAHAN: I'd like to
speak on the resolution.
ACTING PRESIDENT McGEE: Senator
Morahan, on the resolution.
SENATOR MORAHAN: Twenty-five
years before the independence of Haiti, 800
young Haitian descents -- patriots, if you
will, landed on the shores with French troops
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in Savannah, Georgia, and participated with
4,000 American troops, under the leadership of
General Benjamin Lincoln, in the Battle of
Savannah, in the freedom fight, the Revolution
of this country.
There was one little boy there, a
drummer boy, age 12. His name was Henry
Christopher. He was a drummer. There's a
portrait done by the Reverend Michel that
depicts him tending to a mortally wounded
American major who was shot and killed in that
battle.
That young drummer boy went on to
fight again against the British in Pensacola,
Florida. And he survived both battles and was
destined to become one of the most famous and
legendary Haitian leaders in its history. He
was, in fact, the George Washington of Haiti.
The Haitian community in America
and in New York has long and deep roots with
this country and our fight for freedom. And
their independence was shown in their desire
to free themselves of the French control. And
they had that spirit of independence very
early on.
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So I'm delighted to sponsor this
resolution and open it up for the sponsorship
of all Senators who wish to be on the
resolution. Those who do not want to be the
resolution can notify the desk.
But I'm delighted to have the
national president of H.A.V.E.N., the
Haitian-American voters on a national basis,
Jacques Michel, Reverend Jacques Michel, who
said our invocation today here with us.
We had some other guests who were
expected. The consul general of Haiti was
here today, was supposed to be here, but
unfortunately, through traffic, through
whatever, could not arrive on time. And
therefore other things that may be happening
back home in Haiti could be a distraction.
So we wish all of our
Haitian-Americans well on this very specific
and very important date of their independence
from France, and to thank them from early on
being involved in bringing freedom to our
country as well, 25 years before they had
their own.
So thank you, Madam President. And
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I ask my Senate colleagues to vote unanimously
for this resolution.
ACTING PRESIDENT McGEE: Thank
you, Senator Morahan.
The resolution is open for
cosponsorship. Everyone will be put on as a
cosponsor. If you do not wish to be a
cosponsor, you should be notify the desk.
The question is on the resolution.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. We'd like to announce an immediate
meeting of the Labor Committee in the Majority
Conference Room, Room 332. So if you could
direct the members there, it would be much
appreciated.
ACTING PRESIDENT McGEE:
Immediate meeting of the Labor Committee in
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Room 332.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. Could we now take up Resolution
3578, by Senator Hassell-Thompson, ask that
the title be read, and move for its adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Hassell-Thompson, Legislative Resolution
Number 3578, mourning the death of Tina
Sattin, distinguished citizen and devoted
member of her community.
ACTING PRESIDENT McGEE: The
question is on the resolution. All in favor
signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. Now, in successive order, may we
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take up Resolution Number 3579, by Senator
Breslin, ask that the title be read, and move
for its immediate adoption.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: By Senator
Breslin, Legislative Resolution Number 3579,
honoring the life of Albany Police Lieutenant
John F. Finn.
ACTING PRESIDENT McGEE: Senator
Breslin.
SENATOR BRESLIN: Yes. For
members of the Senate who do not know,
Lieutenant John Finn was wounded on
December 23rd and passed away some ten days
ago.
Lieutenant Finn, among other
things, had set up a child agency within the
police department, been voted Policeman of the
Year, was a native of Smithtown, Long Island,
and left a wife and two young children.
We held a memorial service last
Saturday in Albany where thousands and
thousands of people came to the Pepsi Arena,
joined by over a thousand policemen from all
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over the Northeast.
And this resolution is one small
part of recognizing Lieutenant Finn and
recognizing his surviving family. And I would
ask that all others join with me in being
placed on the resolution. And those not
wishing, of course, can say so at the desk.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Breslin.
The resolution is open for
cosponsorship. Everyone will be put on as a
cosponsor. If you do not wish to be a
cosponsor, you should notify the desk.
The question is on the resolution.
All in favor will signify by saying aye.
(Response of "Aye.")
ACTING PRESIDENT McGEE: Opposed,
nay.
(No response.)
ACTING PRESIDENT McGEE: The
resolution is adopted.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. Can we now have the
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noncontroversial reading of the calendar,
please.
ACTING PRESIDENT McGEE: The
Secretary will read.
THE SECRETARY: Calendar Number
71, by Senator Farley, Senate Print 4575, an
act to amend the Banking Law, in relation to
the powers of banks.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
82, by Senator Maziarz, Senate Print 4987B, an
act to amend the Vehicle and Traffic Law, in
relation to repeat convictions of alcohol and
drug-related offenses.
ACTING PRESIDENT McGEE: Read the
last section.
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THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
109, by Senator Volker, Senate Print 426, an
act to amend the Vehicle and Traffic Law, in
relation to aggravated unlicensed operation.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
112, by Senator Marcellino, Senate Print 785,
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an act to amend the Vehicle and Traffic Law,
in relation to increasing penalties.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
135, by Senator Volker, Senate Print 240, an
act to amend the Penal Law, in relation to
loitering for the purpose of engaging in
prostitution.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the 90th day.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
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ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
141, by Senator Padavan, Senate Print 624, an
act to amend the Penal Law, in relation to the
disposal of allegedly stolen motor vehicles.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect on the first of
November.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
142, by Senator Skelos --
SENATOR SAMPSON: Lay it aside.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
228, by Senator Golden, Senate Print 5872, an
act to amend the Penal Law, in relation to
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eliminating reference to "deviate sexual
intercourse."
SENATOR DIAZ: Explanation.
ACTING PRESIDENT McGEE: The bill
is laid aside.
THE SECRETARY: Calendar Number
242, by Senator Bonacic, Senate Print 5938, an
act to authorize the Town Board of the Town of
Mamakating, Sullivan County, to dissolve and
discontinue.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 55.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
262, substituted earlier today by Member of
the Assembly Pheffer, Assembly Print Number
9616, an act to amend the General Business
Law, in relation to ephedra.
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ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
THE SECRETARY: Calendar Number
321, by Senator Seward, Senate Print 5957, an
act to amend the Tax Law, in relation to
authorizing the County of Schoharie.
ACTING PRESIDENT McGEE: There is
a local fiscal impact note at the desk.
Read the last section.
THE SECRETARY: Section 6. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
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Senator Kuhl, that completes the
noncontroversial reading of the calendar.
SENATOR KUHL: Madam President,
would you recognize Senator Duane. I believe
he wants to change a vote.
ACTING PRESIDENT McGEE: Senator
Duane.
SENATOR DUANE: Thank you, Madam
President. May I have unanimous consent to be
recorded in the negative on Calendars 71 and
135.
SENATOR KUHL: No objection.
ACTING PRESIDENT McGEE: Without
objection.
SENATOR KUHL: Would you
recognize Senator Hassell-Thompson, please.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson.
SENATOR HASSELL-THOMPSON: Thank
you, Senator Kuhl.
Madam President, earlier in the
session today a resolution, a privileged
resolution was read. I apologize for not
having been in the chambers. But I do wish to
just very quickly thank this body for this
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resolution for a woman who gave her life to
the theater and to arts, but used that life to
educate and to teach reading, self-confidence,
and who gave a lot of herself to make the
community of Mt. Vernon a better place.
So for that I thank you for
accepting this resolution, and would hope that
all of you would honor her family by signing
onto that resolution. It will mean a great
deal to them and to our community as well.
Thank you.
ACTING PRESIDENT McGEE: Senator
Hassell-Thompson would like to open this
resolution up for cosponsorship. May we
please put everyone on as a cosponsor. If
someone does not wish to be a cosponsor, they
should notify the desk.
Senator Kuhl.
SENATOR KUHL: Yes, Madam
President. We'd ask the Journal Clerk to put
everybody's name on Resolution Number 3578.
Except those members who don't wish to be on
that resolution, if they would notify the
clerk accordingly. Thank you for your
direction.
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Now, Madam President, may we have
the controversial reading of the calendar,
please.
ACTING PRESIDENT McGEE: Thank
you, Senator Kuhl.
The Secretary will read.
THE SECRETARY: Calendar Number
142, by Senator Skelos, Senate Print 1021A, an
act to amend the Criminal Procedure Law, in
relation to the period of limitation for the
prosecution of sex offenses.
SENATOR LIZ KRUEGER: Madam
President, if I could speak briefly on the
bill.
ACTING PRESIDENT McGEE: Senator
Krueger, on the bill.
SENATOR LIZ KRUEGER: Thank you.
I will be supporting this bill, as
I supported it last year. But I also felt
that we could not let this occasion go by
without stating yet again for the record what
a shame that we have still not come to an
agreement between the two houses on a clergy
reporting bill that would ensure that children
are protected under all circumstances where
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they might be the victims of abuse.
This bill will extend the statute
of limitations on sex abuse, which is
something that I know we support. But until
we follow through and come to an agreement
between the two houses on the differences we
have on the clergy reporting bill -- three
years, now, after we started to deal with this
issue -- we will still have failed to do our
job in addressing the concerns of large
numbers of victims of sexual abuse in the
state of New York.
Thank you, Madam President.
ACTING PRESIDENT McGEE: Thank
you, Senator Krueger.
Is there any other Senator who
wishes to speak on the bill?
Read the last section.
THE SECRETARY: Section 3. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
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is passed.
THE SECRETARY: Calendar Number
228, by Senator Golden, Senate Print 5872, an
act to amend the Penal Law, in relation to
eliminating reference to "deviate sexual
intercourse."
SENATOR SAMPSON: Explanation.
ACTING PRESIDENT McGEE: Senator
Golden will be right with us. Hold on just
one moment.
SENATOR KUHL: Madam President, I
understand the explanation is satisfactory.
Could we read the last section,
please.
ACTING PRESIDENT McGEE: Read the
last section.
THE SECRETARY: Section 2. This
act shall take effect immediately.
ACTING PRESIDENT McGEE: Call the
roll.
(The Secretary called the roll.)
THE SECRETARY: Ayes, 56.
ACTING PRESIDENT McGEE: The bill
is passed.
Senator Kuhl, that completes the
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controversial reading of the calendar.
SENATOR KUHL: Yes, Madam
President. Sorry for the delay. We're just
trying to keep things moving here.
Could we return to the order of
reports of standing committees. It's my
understanding that the report of the Labor
Committee, which just concluded its session in
the Majority Conference Room, is at the desk.
And I ask the Secretary to read.
ACTING PRESIDENT McGEE: Reports
of standing committees.
The Secretary will read.
THE SECRETARY: Senator Velella,
from the Committee on Labor, reports the
following bills:
Senate Print 108, by Senator
Velella, an act to amend the Labor Law;
2683A, by Senator Mendez, an act to
amend the Workers' Compensation Law;
3444, by Senator Velella, an act to
amend the Labor Law;
3607, by Senator Spano, an act to
amend the Labor Law;
And Senate Print 4828, by Senator
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Velella, an act to amend the Labor Law.
All bills ordered direct to third
reading.
ACTING PRESIDENT McGEE: All
bills reported direct to third reading.
Senator Kuhl.
SENATOR KUHL: Is there any
housekeeping at the desk?
ACTING PRESIDENT McGEE: There is
no housekeeping at the desk, Senator Kuhl.
SENATOR KUHL: That being the
situation, Madam President, I believe that
business is concluded for the day.
I move that we adjourn until
Monday, March 1st, at 3:00 p.m., with
intervening days to be legislative days.
ACTING PRESIDENT McGEE: On
motion, the Senate stands adjourned until
Monday, March 1st, at 3:00 p.m., intervening
days being legislative days.
(Whereupon, at 12:45 p.m., the
Senate adjourned.)