Regular Session - May 17, 2005

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         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                     May 17, 2005

        11                       3:18 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LT. GOVERNOR MARY O. DONOHUE, President

        19  STEVEN M. BOGGESS, Secretary

        20

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       please come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    In the absence of

        10       clergy, may we bow our heads in a moment of

        11       silence, please.

        12                  (Whereupon, the assemblage

        13       respected a moment of silence.)

        14                  THE PRESIDENT:    Reading of the

        15       Journal.

        16                  THE SECRETARY:    In Senate,

        17       Monday, May 16, the Senate met pursuant to

        18       adjournment.  The Journal of Sunday, May 15,

        19       was read and approved.  On motion, Senate

        20       adjourned.

        21                  THE PRESIDENT:    Without

        22       objection, the Journal stands approved as

        23       read.

        24                  Presentation of petitions.

        25                  Messages from the Assembly.



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         1                  Messages from the Governor.

         2                  Reports of standing committees.

         3                  The Secretary will read.

         4                  THE SECRETARY:    Senator Johnson,

         5       from the Committee on Finance, reports the

         6       following bill direct to third reading:

         7                  Senate Print 5356, by Senator

         8       Robach, an act to provide for the adjustment.

         9                  THE PRESIDENT:    So ordered,

        10       without objection.

        11                  Reports of select committees.

        12                  Communications and reports from

        13       state officers.

        14                  Motions and resolutions.

        15                  Senator Farley.

        16                  SENATOR FARLEY:    Thank you, Madam

        17       President.

        18                  On behalf of Senator Spano, on

        19       page 16 I offer the following amendments to

        20       Calendar 246, Senate Print 2271, and I ask

        21       that that bill retain its place on the Third

        22       Reading Calendar.

        23                  THE PRESIDENT:    The amendments

        24       are received, and the bill will retain its

        25       place on the Third Reading Calendar.



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         1                  SENATOR FARLEY:    Madam President,

         2       on behalf of Senator Nozzolio, on page 27 I

         3       offer the following amendments to Calendar

         4       Number 510, Senate Print 3121, and I ask that

         5       that bill retain its place on the Third

         6       Reading Calendar.

         7                  THE PRESIDENT:    The amendments

         8       are received, and the bill will retain its

         9       place on the Third Reading Calendar.

        10                  Senator Libous.

        11                  SENATOR LIBOUS:    Are there any

        12       substitutions at the desk?

        13                  THE PRESIDENT:    Yes, there are,

        14       Senator.

        15                  The Secretary will read.

        16                  THE SECRETARY:    On page 5,

        17       Senator Maziarz moves to discharge, from the

        18       Committee on Corporations, Authorities and

        19       Commissions, Assembly Bill Number 6435 and

        20       substitute it for the identical Senate Bill

        21       Number 3171, Second Report Calendar 926.

        22                  On page 13, Senator Seward moves to

        23       discharge, from the Committee on Local

        24       Government, Assembly Bill Number 7688 and

        25       substitute it for the identical Senate Bill



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         1       Number 593A, Third Reading Calendar 135.

         2                  On page 33, Senator LaValle moves

         3       to discharge, from the Committee on Consumer

         4       Protection, Assembly Bill Number 1794A and

         5       substitute it for the identical Senate Bill

         6       Number 1856, Third Reading Calendar 611.

         7                  On page 51, Senator Flanagan moves

         8       to discharge, from the Committee on Tourism,

         9       Recreation and Sports Development, Assembly

        10       Bill Number 6014 and substitute it for the

        11       identical Senate Bill Number 4126, Third

        12       Reading Calendar 829.

        13                  And on page 60, Senator Golden

        14       moves to discharge, from the Committee on

        15       Civil Service and Pensions, Assembly Bill

        16       Number 6281A and substitute it for the

        17       identical Senate Bill Number 3659B, Third

        18       Reading Calendar 922.

        19                  THE PRESIDENT:    Substitutions

        20       ordered.

        21                  Senator Libous.

        22                  SENATOR LIBOUS:    Madam President,

        23       may we please adopt the Resolution Calendar.

        24                  THE PRESIDENT:    All in favor of

        25       adopting the Resolution Calendar please



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         1       signify by saying aye.

         2                  (Response of "Aye.")

         3                  THE PRESIDENT:    Opposed, nay.

         4                  (No response.)

         5                  THE PRESIDENT:    The Resolution

         6       Calendar is adopted.

         7                  Senator Libous.

         8                  SENATOR LIBOUS:    Madam President,

         9       there's a previously adopted resolution at the

        10       desk, Number 1729, by Senator Golden.  May we

        11       please have the title read.

        12                  THE PRESIDENT:    The Secretary

        13       will read.

        14                  THE SECRETARY:    By Senator

        15       Golden, Legislative Resolution Number 1729,

        16       memorializing Governor George E. Pataki to

        17       proclaim May 17, 2005, as Elder Abuse

        18       Awareness Day in the State of New York.

        19                  THE PRESIDENT:    Senator Golden.

        20                  SENATOR GOLDEN:    Thank you, Madam

        21       President.

        22                  I rise today to talk about (A) the

        23       3 million seniors that live across this great

        24       state -- and some of them are up here from

        25       Kings County, from the Ridge Slope Travelers,



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         1       the Verizon retirees.  And I want to thank

         2       them for being here today.  And they came to a

         3       forum that we had downstairs and a set of

         4       tables that we had set up for the Elder Abuse

         5       Week, and today being Elder Abuse Day.

         6                  And what we did was point out that

         7       millions of elderly citizens residing in the

         8       State of New York have contributed to the

         9       great welfare of the state by helping to

        10       preserve the customs, convictions and

        11       traditions of the many ethnic backgrounds of

        12       the citizens of the great State of New York.

        13                  The more than 3 million citizens of

        14       the State of New York considered to be the

        15       elderly citizens are vital and integral parts

        16       of our society.

        17                  It has been estimated that there

        18       are over 1.8 million abused elders in the

        19       United States of America, in a 1996 report.

        20       Estimates report that elder abuse affects

        21       30,000 New Yorkers annually every year.

        22                  Because elder abuse is still

        23       largely hidden under the shroud of family

        24       secrecy, elder abuse is grossly underreported.

        25       Only one out of 14 domestic elder abuse



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         1       incidents come to the attention of the

         2       authorities.

         3                  The 30,000 domestic elder abuse

         4       cases reported to state adult protective

         5       services agencies in New York represent only

         6       the tip of the iceberg.  And the number of

         7       elder abuse cases is growing every year.

         8                  Any elderly person may become the

         9       victim of abuse.  Males and females of any

        10       income level, any culture or ethnic group,

        11       persons in good health or persons

        12       incapacitated in some way may be abused by

        13       someone close to them.

        14                  The abusers can be anyone, but they

        15       are most commonly family members with whom the

        16       abused person is living.  Studies have

        17       estimated that over half the elderly people

        18       reported to have been abused were living with

        19       persons who abused them.

        20                  The legislators here in the State

        21       of New York will have before them shortly in

        22       this conference a bill, the Senior

        23       Antiviolence Enforcement Act.  And that will

        24       help us to start to deal with this outrageous

        25       abuse of our seniors, the dirty little secrets



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         1       that are hidden across this state.

         2                  Our seniors deserve more.  They

         3       worked all their lives so that they could

         4       bring up their families and live in this great

         5       city and great State of New York.  It's about

         6       time that we treated them with the respect

         7       that they deserve.

         8                  So this week is about those abuses.

         9       This is awareness week, so that we can focus

        10       in on those terrible, terrible incidents that

        11       are going around this city and state.  So

        12       hopefully we can bring that number down and to

        13       start treating those seniors, like I said,

        14       with the respect that they deserve.

        15                  Thank you, Madam President.

        16                  THE PRESIDENT:    This resolution

        17       was previously adopted on May 10th.

        18                  Senator Libous.

        19                  SENATOR LIBOUS:    Madam President,

        20       there's a resolution at the desk, Number 1863,

        21       by Senator Maziarz.  May we please have the

        22       resolution read in its entirety and move for

        23       its adoption.

        24                  THE PRESIDENT:    The Secretary

        25       will read.



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         1                  THE SECRETARY:    By Senator

         2       Maziarz, Legislative Resolution Number 1863,

         3       honoring Trooper Anthony S. LaRock upon the

         4       occasion of his designation as the recipient

         5       of the Brummer Award on May 18, 2005.

         6                  "WHEREAS, The quality and sanctity

         7       of community life are cherished values worthy

         8       of safeguarding, and this Legislative Body is

         9       moved to honor those individuals who serve to

        10       preserve and protect such values, lauding

        11       particularly their unwavering courage and

        12       dedication in the daily performance of their

        13       duties; and

        14                  "WHEREAS, Attendant to such

        15       concern, and in full accord with its

        16       long-standing traditions, it is the sense of

        17       this Legislative Body to honor Trooper Anthony

        18       S. LaRock upon the occasion of his designation

        19       as the recipient of the Brummer Award on

        20       May 18, 2005, to be presented at a special

        21       ceremony at the New York State Police Academy

        22       in Albany, New York, on Wednesday, May 18,

        23       2005; and

        24                  "WHEREAS, the Brummer Award is the

        25       highest recognition afforded a New York State



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         1       police officer for valor and bravery in the

         2       line of duty.  The recipient's actions must be

         3       one of personal bravery or outstanding courage

         4       so noteworthy as to clearly distinguish the

         5       trooper and enhance the prestige of the

         6       New York State Police.  Each recommendation

         7       for this award is considered by the Honor

         8       Board on the standard of extraordinary merit;

         9       and

        10                  "WHEREAS, Trooper Anthony S.

        11       LaRock, a Western New York and Niagara County

        12       native who has been a New York State trooper

        13       for nearly 11 years, placed himself amidst a

        14       flaming, exploding inferno while ingesting

        15       fumes, attempting to save the lives of three

        16       people; and

        17                  "WHEREAS, on April 4, 2004, at

        18       about 11:00 p.m., the Niagara County Sheriff's

        19       Department dispatched the State Police Niagara

        20       Patrol to a three-car personal injury accident

        21       on Ridge Road in the Town of Lewiston,

        22       New York.  Dispatchers advised that one of the

        23       vehicles involved was overturned and engulfed

        24       in flames; and

        25                  "WHEREAS, Trooper LaRock was the



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         1       first patrol to arrive on the scene.

         2       Recognizing that the overturned, burning

         3       vehicle was occupied, he attempted to quell

         4       the fire with an extinguisher; and

         5                  "WHEREAS, the fire, however, was

         6       too intense for the extinguisher to fully put

         7       out the blaze.  Trooper LaRock then entered

         8       the engulfed vehicle, located the driver, cut

         9       the seat belt restraint, and dragged him a

        10       safe distance from the burning wreck; and

        11                  "WHEREAS, He then returned to the

        12       vehicle and located a partially ejected

        13       passenger who was face down in water at the

        14       bottom of a ditch.  He untangled her from the

        15       vehicle, stabilized her neck, and pulled her a

        16       safe distance away from the flames; and

        17                  "WHEREAS, Without regard for his

        18       own safety, Trooper LaRock returned to the

        19       vehicle a third time and attempted to rescue

        20       the remaining passenger.  With the assistance

        21       of Trooper Danny J. Cullen, who provided a

        22       second extinguisher, another attempt was made

        23       to slow the fire enough to extricate the third

        24       victim, but the valiant attempt was not

        25       successful as the fumes, flames and heat were



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         1       now overpowering; and

         2                  "WHEREAS, Trooper LaRock saved two

         3       lives that day despite multiple injuries to

         4       himself which required eventual surgery and a

         5       long recuperation and healing period; and

         6                  "WHEREAS, Trooper LaRock, son of

         7       Steven and Claudia LaRock, is a graduate of

         8       Wilson Central School in Wilson, New York.  He

         9       is a United States Army veteran and holds an

        10       associate's degree from Niagara County

        11       Community College and a bachelor's degree from

        12       Niagara University; and

        13                  "WHEREAS, He lives in Niagara

        14       County with his wife, Deborah, and their two

        15       children; and

        16                  "WHEREAS, It is appropriate to

        17       recognize and commend such outstanding law

        18       enforcement officers as Trooper Anthony S.

        19       LaRock for their valued contributions to the

        20       community; and

        21                  "WHEREAS, It is the sense of this

        22       Legislative Body that those dedicated public

        23       servants who unselfishly devote their lives to

        24       the preservation of order and the protection

        25       of others are worthy and due full praise for



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         1       their commitment and noble endeavors; now,

         2       therefore, be it

         3                  "RESOLVED, That this Legislative

         4       Body pause in its deliberations to honor

         5       Trooper Anthony S. LaRock upon the occasion of

         6       his designation as the recipient of the

         7       Brummer Award on May 18, 2005, and be it

         8       further

         9                  "RESOLVED, That a copy of this

        10       resolution, suitably engrossed, be transmitted

        11       to Trooper Anthony S. LaRock."

        12                  THE PRESIDENT:    Senator Maziarz.

        13                  SENATOR MAZIARZ:    Thank you very

        14       much, Madam President and my colleagues.

        15                  It's an honor for me to rise here

        16       today and to welcome to the floor of this body

        17       Trooper Anthony "Tony" LaRock from Niagara

        18       County.

        19                  As was pointed out in the

        20       resolution, on April 14th, late in the

        21       evening, 11 o'clock in the evening, on what

        22       was going to be a normal, routine -- if there

        23       ever is such an evening in any law enforcement

        24       officer's daily life -- Trooper LaRock

        25       received a call that there was a car accident,



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         1       that one of the vehicles was overturned and

         2       engulfed in flames.

         3                  He immediately rushed to the scene

         4       and not once, not twice, but three times --

         5       three times -- despite being severely burned

         6       himself, entered the vehicle and was

         7       successful in pulling two injured people, one

         8       of whom in the overturned vehicle was

         9       partially submerged in a pond, out of the

        10       vehicle, off to a safe area, sparing both of

        11       their lives.

        12                  Trooper LaRock returned to this

        13       vehicle three times and was successful in

        14       saving two individuals.  As was pointed out in

        15       the resolution, Trooper LaRock sustained

        16       severe injuries and was off work with multiple

        17       surgeries for over 11 months.

        18                  It's an honor for me to recognize

        19       what we consider in Niagara County to be a

        20       true hero, what the families of those accident

        21       victims I know consider to be a true hero.

        22                  I've known Trooper LaRock's family,

        23       his dad and his mom, for many years, and I can

        24       fully attest to his appreciation for serving

        25       the people of the State of New York.  And the



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         1       Brummer Award I think is truly given to that

         2       outstanding service and has been truly

         3       deserved by Trooper LaRock.

         4                  Anthony, congratulations.

         5                  (Standing ovation.)

         6                  THE PRESIDENT:    Trooper Anthony

         7       S. LaRock is here with his wife, Deborah; his

         8       children, Jade and Nicholas; his parents,

         9       Steven and Claudia LaRock.

        10                  And at this time we will now vote

        11       on the resolution.

        12                  All in favor of the resolution

        13       please signify by saying aye.

        14                  (Response of "Aye.")

        15                  THE PRESIDENT:    Opposed, nay.

        16                  (No response.)

        17                  THE PRESIDENT:    The resolution is

        18       adopted.

        19                  And I can think of no higher

        20       tribute or justification for this tribute than

        21       your act of valor.  Thank you for your courage

        22       and dedication to your job.

        23                  (Applause.)

        24                  THE PRESIDENT:    Senator Libous.

        25                  SENATOR LIBOUS:    Madam President,



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         1       may we now have the reading of the

         2       noncontroversial calendar.

         3                  THE PRESIDENT:    The Secretary

         4       will read.

         5                  THE SECRETARY:    Calendar Number

         6       149, by Senator Skelos, Senate Print 484A, an

         7       act to amend the Education Law, in relation to

         8       restricting.

         9                  THE PRESIDENT:    Read the last

        10       section.

        11                  THE SECRETARY:    Section 2.  This

        12       act shall take effect on the first of January.

        13                  THE PRESIDENT:    Call the roll.

        14                  (The Secretary called the roll.)

        15                  THE SECRETARY:    Ayes, 57.  Nays,

        16       1.  Senator Duane recorded in the negative.

        17                  THE PRESIDENT:    The bill is

        18       passed.

        19                  THE SECRETARY:    Calendar Number

        20       157, by Senator Winner, Senate Print 1844A, an

        21       act to amend the Penal Law, in relation to

        22       establishing the crimes of criminal

        23       possession.

        24                  THE PRESIDENT:    Read the last

        25       section.



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         1                  THE SECRETARY:    Section 4.  This

         2       act shall take effect on the first of

         3       November.

         4                  THE PRESIDENT:    Call the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 58.

         7                  THE PRESIDENT:    The bill is

         8       passed.

         9                  THE SECRETARY:    Calendar Number

        10       466, by Senator Nozzolio, Senate Print 3511,

        11       an act to amend the Penal Law, in relation to

        12       clandestine laboratory operations.

        13                  THE PRESIDENT:    Read the last

        14       section.

        15                  THE SECRETARY:    Section 4.  This

        16       act shall take effect on the first of

        17       November.

        18                  THE PRESIDENT:    Call the roll.

        19                  (The Secretary called the roll.)

        20                  THE SECRETARY:    Ayes, 57.  Nays,

        21       1.  Senator Duane recorded in the negative.

        22                  THE PRESIDENT:    The bill is

        23       passed.

        24                  THE SECRETARY:    Calendar Number

        25       488, by Senator Maltese, Senate Print 1363, an



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         1       act to amend the Administrative Code of the

         2       City of New York, in relation to loans.

         3                  THE PRESIDENT:    Read the last

         4       section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect immediately.

         7                  THE PRESIDENT:    Call the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 58.

        10                  THE PRESIDENT:    There is a

        11       home-rule message at the desk on the last

        12       vote.

        13                  The bill is passed.

        14                  The Secretary will continue to

        15       read.

        16                  THE SECRETARY:    Calendar Number

        17       627, by Senator Volker, Senate Print 4121, an

        18       act to amend the Civil Practice Law and Rules,

        19       in relation to admissibility.

        20                  THE PRESIDENT:    Read the last

        21       section.

        22                  THE SECRETARY:    Section 2.  This

        23       act shall take effect immediately.

        24                  THE PRESIDENT:    Call the roll.

        25                  (The Secretary called the roll.)



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         1                  THE SECRETARY:    Ayes, 58.

         2                  THE PRESIDENT:    The bill is

         3       passed.

         4                  THE SECRETARY:    Calendar Number

         5       641, by Senator Robach, Senate Print 3184A, an

         6       act to amend the Civil Service Law, in

         7       relation to reduction.

         8                  THE PRESIDENT:    Read the last

         9       section.

        10                  THE SECRETARY:    Section 7.  This

        11       act shall take effect on the 90th day.

        12                  THE PRESIDENT:    Call the roll.

        13                  (The Secretary called the roll.)

        14                  THE SECRETARY:    Ayes, 58.

        15                  THE PRESIDENT:    The bill is

        16       passed.

        17                  THE SECRETARY:    Calendar Number

        18       656, by Senator Nozzolio, Senate Print 3689A,

        19       an act to amend the Executive Law, in relation

        20       to eliminating.

        21                  THE PRESIDENT:    Read the last

        22       section.

        23                  THE SECRETARY:    Section 7.  This

        24       act shall take effect immediately.

        25                  THE PRESIDENT:    Call the roll.



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         1                  (The Secretary called the roll.)

         2                  THE SECRETARY:    Ayes, 57.  Nays,

         3       1.  Senator Duane recorded in the negative.

         4                  THE PRESIDENT:    The bill is

         5       passed.

         6                  THE SECRETARY:    Calendar Number

         7       741, by Senator Wright, Senate Print 2532, an

         8       act to amend the New York State Defense

         9       Emergency Act, in relation to driver's license

        10       renewals.

        11                  THE PRESIDENT:    Read the last

        12       section.

        13                  THE SECRETARY:    Section 2.  This

        14       act shall take effect immediately.

        15                  THE PRESIDENT:    Call the roll.

        16                  (The Secretary called the roll.)

        17                  THE SECRETARY:    Ayes, 58.

        18                  THE PRESIDENT:    The bill is

        19       passed.

        20                  THE SECRETARY:    Calendar Number

        21       745, by Senator Balboni, Senate Print 3968, an

        22       act to amend the Executive Law, in relation to

        23       reporting.

        24                  THE PRESIDENT:    Read the last

        25       section.



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         1                  THE SECRETARY:    Section 2.  This

         2       act shall take effect immediately.

         3                  THE PRESIDENT:    Call the roll.

         4                  (The Secretary called the roll.)

         5                  THE SECRETARY:    Ayes, 58.

         6                  THE PRESIDENT:    The bill is

         7       passed.

         8                  THE SECRETARY:    Calendar Number

         9       746, by Senator Balboni, Senate Print 4496, an

        10       act to amend the Executive Law, in relation to

        11       directing.

        12                  THE PRESIDENT:    Read the last

        13       section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the 90th day.

        16                  THE PRESIDENT:    Call the roll.

        17                  (The Secretary called the roll.)

        18                  THE PRESIDENT:    Senator Balboni,

        19       to explain your vote.

        20                  SENATOR BALBONI:    Madam

        21       President, in 1995 Timothy McVeigh caused one

        22       of the most horrific acts of violence on

        23       American soil by the use of ammonium nitrate.

        24       That same substance was also used in the 1993

        25       bombing of the World Trade Center.



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         1                  And yet, to this day, only three

         2       states have enacted any sort of regulation of

         3       this material, one of those states being

         4       Oklahoma.

         5                  This bill would set up, for the

         6       first time in this state, the regulation of

         7       ammonium nitrate.  And what was just

         8       highlighted by the Suffolk County District

         9       Attorney, ammonium nitrate can be bought in

        10       large amounts right now in the State of

        11       New York without any questions asked.

        12                  This bill would set up security

        13       requirements, registration requirements, and

        14       would go a long way in protecting all of us

        15       from the use of this substance as a fertilizer

        16       bomb.

        17                  I vote aye, Madam President.  Thank

        18       you.

        19                  THE PRESIDENT:    You will be so

        20       recorded as voting in the affirmative, Senator

        21       Balboni.

        22                  The Secretary will announce the

        23       results.

        24                  THE SECRETARY:    Ayes, 59.

        25                  THE PRESIDENT:    The bill is



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         1       passed.

         2                  THE SECRETARY:    Calendar Number

         3       788, by Senator Leibell, Senate Print 4762, an

         4       act to amend the --

         5                  SENATOR LIBOUS:    Lay it aside for

         6       the day.

         7                  THE PRESIDENT:    The bill is laid

         8       aside for the day.

         9                  THE SECRETARY:    Calendar Number

        10       795, by Senator Spano, Senate Print 5214, an

        11       act to amend the Executive Law, in relation to

        12       providing.

        13                  THE PRESIDENT:    Read the last

        14       section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  THE PRESIDENT:    Call the roll.

        18                  (The Secretary called the roll.)

        19                  THE SECRETARY:    Ayes, 59.

        20                  THE PRESIDENT:    The bill is

        21       passed.

        22                  THE SECRETARY:    Calendar Number

        23       829, substituted earlier today by Member of

        24       the Assembly Englebright, Assembly Print

        25       Number 6014, an act to amend the Parks,



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         1       Recreation and Historic Preservation Law.

         2                  THE PRESIDENT:    Read the last

         3       section.

         4                  THE SECRETARY:    Section 2.  This

         5       act shall take effect immediately.

         6                  THE PRESIDENT:    Call the roll.

         7                  (The Secretary called the roll.)

         8                  THE SECRETARY:    Ayes, 59.

         9                  THE PRESIDENT:    The bill is

        10       passed.

        11                  THE SECRETARY:    Calendar Number

        12       840, by Senator LaValle, Senate Print 419, an

        13       act to amend the Education Law, in relation to

        14       requirements.

        15                  THE PRESIDENT:    Read the last

        16       section.

        17                  THE SECRETARY:    Section 4.  This

        18       act shall take effect on the 180th day.

        19                  THE PRESIDENT:    Call the roll.

        20                  (The Secretary called the roll.)

        21                  THE SECRETARY:    Ayes, 59.

        22                  THE PRESIDENT:    The bill is

        23       passed.

        24                  THE SECRETARY:    Calendar Number

        25       847, by Senator Saland, Senate Print 4168, an



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         1       act to amend Chapter 942 of the Laws of 1983

         2       and Chapter 541 of the Laws of 1984.

         3                  THE PRESIDENT:    Read the last

         4       section.

         5                  THE SECRETARY:    Section 4.  This

         6       act shall take effect immediately.

         7                  THE PRESIDENT:    Call the roll.

         8                  (The Secretary called the roll.)

         9                  THE SECRETARY:    Ayes, 59.

        10                  THE PRESIDENT:    The bill is

        11       passed.

        12                  THE SECRETARY:    Calendar Number

        13       851, by Senator Leibell, Senate Print 4549, an

        14       act to amend the Labor Law, in relation to

        15       requiring.

        16                  THE PRESIDENT:    Read the last

        17       section.

        18                  THE SECRETARY:    Section 2.  This

        19       act shall take effect on the 180th day.

        20                  THE PRESIDENT:    Call the roll.

        21                  (The Secretary called the roll.)

        22                  THE SECRETARY:    Ayes, 60.

        23                  THE PRESIDENT:    The bill is

        24       passed.

        25                  THE SECRETARY:    Calendar Number



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         1       852, by Senator Fuschillo, Senate Print 4890,

         2       an act to amend the Labor Law, in relation to

         3       the violation.

         4                  THE PRESIDENT:    Read the last

         5       section.

         6                  THE SECRETARY:    Section 2.  This

         7       act shall take effect immediately.

         8                  THE PRESIDENT:    Call the roll.

         9                  (The Secretary called the roll.)

        10                  THE SECRETARY:    Ayes, 60.

        11                  THE PRESIDENT:    The bill is

        12       passed.

        13                  THE SECRETARY:    Calendar Number

        14       853, by Senator Maziarz, Senate Print 5194, an

        15       act to amend the Labor Law, in relation to

        16       asbestos.

        17                  THE PRESIDENT:    Read the last

        18       section.

        19                  THE SECRETARY:    Section 2.  This

        20       act shall take effect immediately.

        21                  THE PRESIDENT:    Call the roll.

        22                  (The Secretary called the roll.)

        23                  THE SECRETARY:    Ayes, 60.

        24                  THE PRESIDENT:    The bill is

        25       passed.



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         1                  THE SECRETARY:    Calendar Number

         2       922, substituted earlier today by Member of

         3       the Assembly Abbate, Assembly Print Number

         4       6281A, an act to amend the Retirement and

         5       Social Security Law.

         6                  THE PRESIDENT:    Read the last

         7       section.

         8                  THE SECRETARY:    Section 2.  This

         9       act shall take effect immediately.

        10                  THE PRESIDENT:    Call the roll.

        11                  (The Secretary called the roll.)

        12                  THE SECRETARY:    Ayes, 60.

        13                  THE PRESIDENT:    The bill is

        14       passed.

        15                  THE SECRETARY:    Calendar Number

        16       1008, by Senator Robach, Senate Print 5356, an

        17       act to provide for the adjustment of stipends.

        18                  THE PRESIDENT:    Read the last

        19       section.

        20                  THE SECRETARY:    Section 16.  This

        21       act shall take effect immediately.

        22                  THE PRESIDENT:    Call the roll.

        23                  (The Secretary called the roll.)

        24                  THE SECRETARY:    Ayes, 60.

        25                  THE PRESIDENT:    The bill is



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         1       passed.

         2                  Senator Libous, that completes the

         3       reading of the calendar.

         4                  SENATOR LIBOUS:    Madam President,

         5       could we return to the reports of standing

         6       committees, so that the Finance nominations

         7       can be read, please.

         8                  THE PRESIDENT:    Reports of

         9       standing committees.

        10                  The Secretary will read.

        11                  THE SECRETARY:    Senator Johnson,

        12       from the Committee on Finance, reports the

        13       following nominations:

        14                  As a member of the Battery Park

        15       City Authority, David B. Cornstein, of

        16       New York City.

        17                  As a member of the Small Business

        18       Advisory Board, Daniel E. Clark, of Malone.

        19                  As members of the Empire State

        20       Plaza Art Commission, Judith A. Barnes, Ph.D.,

        21       of Troy; Kate Johns, of Old Chatham; and

        22       Dolores Sarno, of Saratoga Springs.

        23                  As members of the Board of

        24       Directors of the New York Convention Center

        25       Operating Corporation, Edward P. Kane, of



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         1       Rockville Centre, and David M. Schwartz,

         2       Esquire, of Brooklyn.

         3                  As director of the New York State

         4       Urban Development Corporation, Kevin S.

         5       Corbett, of New York City.

         6                  As a member of the State Council on

         7       the Arts, Ruth W. Houghton, of New York City.

         8                  As members of the State Hospital

         9       Review and Planning Council, Joyce A.

        10       Salimeno, of Rock Hill, and David O. Simon,

        11       Esquire, of Chappaqua.

        12                  And as a member of the Board of

        13       Visitors of the New York State Home for

        14       Veterans and their Dependents at Batavia,

        15       Richard G. Oleksyn, of Rochester.

        16                  THE PRESIDENT:    Senator Johnson.

        17                  SENATOR JOHNSON:    Madam

        18       President, move the nominations.

        19                  THE PRESIDENT:    All in favor of

        20       the nominations please signify by saying aye.

        21                  (Response of "Aye.")

        22                  THE PRESIDENT:    Opposed, nay.

        23                  (No response.)

        24                  THE PRESIDENT:    The nominees are

        25       all hereby confirmed.



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         1                  Senator Libous.

         2                  SENATOR LIBOUS:    Madam President,

         3       is there any further business at the desk?

         4                  THE PRESIDENT:    No, there isn't,

         5       Senator.

         6                  SENATOR LIBOUS:    Madam President,

         7       then there being no further business to come

         8       before the Senate, I move that we adjourn

         9       until Wednesday, May 18th, at 11:00 a.m.

        10                  THE PRESIDENT:    On motion, the

        11       Senate now stands adjourned until Wednesday,

        12       May 18th, 11:00 a.m.

        13                  (Whereupon, at 3:43 p.m., the

        14       Senate adjourned.)

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24

        25



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