Regular Session - April 25, 2006

                                                            2367



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                    April 25, 2006

        11                      11:15 a.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


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2368



         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:    With us this

        10       morning to give the invocation is Reverend

        11       Scott Ingvaldsen, pastor of Grace Church in

        12       Smithtown, New York.

        13                  REVEREND INGVALDSEN:    Let's pray.

        14                  Our Father, we come before You

        15       today knowing that, Lord, we do have a great

        16       need of You.  We ask, Lord, that You would

        17       grant wisdom and insight to these people as

        18       they vote on very important matters.  We thank

        19       You for them, and we thank You for their

        20       service, and we pray that You would just guide

        21       them in everything they do.

        22                  Give them, God, the wisdom, give

        23       them the insight, give them the humility and

        24       everything they need that they might guide our

        25       great state.  And I thank You for them.  And I


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2369



         1       ask You to bless them and their families.

         2       And, God, may the decisions that are made here

         3       be for the betterment of this state.

         4                  And we just pray for these things

         5       in Jesus' name.  Amen.

         6                  THE PRESIDENT:    Reading of the

         7       Journal.

         8                  THE SECRETARY:    In Senate,

         9       Monday, April 24, the Senate met pursuant to

        10       adjournment.  The Journal of Sunday, April 23,

        11       was read and approved.  On motion, Senate

        12       adjourned.

        13                  THE PRESIDENT:    Without

        14       objection, the Journal stands approved as

        15       read.

        16                  Presentation of petitions.

        17                  Messages from the Assembly.

        18                  Messages from the Governor.

        19                  Reports of standing committees.

        20                  Reports of select committees.

        21                  Communications and reports from

        22       state officers.

        23                  Motions and resolutions.

        24                  Senator Fuschillo.

        25                  SENATOR FUSCHILLO:    Thank you,


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2370



         1       Madam President.

         2                  On behalf of Senator Padavan, on

         3       page number 30 I offer the following

         4       amendments to Calendar Number 557, Senate

         5       Print Number 4970, and ask that said bill

         6       retain its place on Third 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 FUSCHILLO:    Madam

        11       President, on behalf of Senator DeFrancisco, I

        12       wish to call up Senate Print Number 6905A,

        13       recalled from the Assembly, which is now at

        14       the desk.

        15                  THE PRESIDENT:    The Secretary

        16       will read.

        17                  THE SECRETARY:    Calendar Number

        18       547, by Senator DeFrancisco, Senate Print

        19       6905A, an act to authorize.

        20                  SENATOR FUSCHILLO:    I now move to

        21       reconsider the vote by which the bill was

        22       passed.

        23                  THE PRESIDENT:    The Secretary

        24       will call the roll upon reconsideration.

        25                  (The Secretary called the roll.)


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2371



         1                  THE SECRETARY:    Ayes, 40.

         2                  SENATOR FUSCHILLO:    I now offer

         3       the following amendments.

         4                  THE PRESIDENT:    The amendments

         5       are received.

         6                  Senator Skelos.

         7                  SENATOR SKELOS:    Madam President,

         8       if we could adopt the Resolution Calendar,

         9       with the exception of Resolutions 4709, 4733,

        10       4772 and 4754.

        11                  THE PRESIDENT:    All those in

        12       favor of so adopting the Resolution Calendar

        13       please signify by saying aye.

        14                  (Response of "Aye.")

        15                  THE PRESIDENT:    Opposed, nay.

        16                  (No response.)

        17                  THE PRESIDENT:    The calendar is

        18       so adopted.

        19                  Senator Skelos.

        20                  SENATOR SKELOS:    Madam President,

        21       if we could take up Resolution 4709, by

        22       Senator Golden, have the title read and move

        23       for its immediate adoption.  And Senator

        24       Golden would like to open it up for

        25       sponsorship.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2372



         1                  THE PRESIDENT:    The Secretary

         2       will read.

         3                  THE SECRETARY:    By Senator

         4       Golden, Legislative Resolution Number 4709,

         5       memorializing Governor George E. Pataki to

         6       proclaim May 2006 as Autism Awareness Month in

         7       the State of New York.

         8                  THE PRESIDENT:    On the

         9       resolution, all those in favor please signify

        10       by saying aye.

        11                  (Response of "Aye.")

        12                  THE PRESIDENT:    Opposed, nay.

        13                  (No response.)

        14                  THE PRESIDENT:    The resolution is

        15       adopted.

        16                  Any member who does not wish to

        17       cosponsor the last resolution please notify

        18       the desk.

        19                  Senator Skelos.

        20                  SENATOR SKELOS:    Madam President,

        21       if we could take up Resolution 4733, by

        22       Senator Maltese, have the title read, move for

        23       its immediate adoption, and also open it up

        24       for cosponsorship.

        25                  THE PRESIDENT:    The Secretary


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2373



         1       will read.

         2                  THE SECRETARY:    By Senator

         3       Maltese, Legislative Resolution Number 4733,

         4       memorializing Governor George E. Pataki to

         5       proclaim Tuesday, May 9, 2006, as Teacher Day

         6       in the State of New York.

         7                  THE PRESIDENT:    All those in

         8       favor of the resolution please signify by

         9       saying aye.

        10                  (Response of "Aye.")

        11                  THE PRESIDENT:    Opposed, nay.

        12                  (No response.)

        13                  THE PRESIDENT:    The resolution is

        14       adopted.

        15                  Senator Skelos.

        16                  SENATOR SKELOS:    Madam President,

        17       if we could take up Resolution 4772, by

        18       Senator Winner, have the title read, move for

        19       its immediate adoption, and open it up for

        20       cosponsorship.

        21                  THE PRESIDENT:    The Secretary

        22       will read.

        23                  THE SECRETARY:    By Senator

        24       Winner, Legislative Resolution Number 4772,

        25       memorializing Governor George E. Pataki to


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2374



         1       proclaim May 19, 2006, as NASCAR Day in the

         2       State of New York.

         3                  THE PRESIDENT:    Senator Winner.

         4                  SENATOR WINNER:    Thank you, Madam

         5       President.  Just briefly on the resolution.

         6                  I'm proud to be able to wave the

         7       green flag, so to speak, as far as this

         8       resolution is concerned, New York State's

         9       celebration of NASCAR Day for 2006.

        10                  In my Senate district, Watkins Glen

        11       is the well-known home of the soul of American

        12       road racing, which over the course of over

        13       five decades has become a national

        14       institution, the premier road racing facility

        15       in America.

        16                  Watkins Glen is a source of pride

        17       for us and a source of pride for the State of

        18       New York and a landmark that attracts

        19       thousands of visitors every year and is, in

        20       fact, the largest sports attraction in

        21       New York State on an annual basis.

        22                  This year Watkins Glen celebrates

        23       its 20th year as the NASCAR Nextel Cup of

        24       racing, and over the past decade we've had

        25       thousands upon thousands of NASCAR fans to


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2375



         1       visit Watkins Glen and the community of

         2       Watkins Glen, and certainly we know its

         3       enthusiasm.

         4                  In recognizing NASCAR's spirit

         5       today, this resolution seeks to have New York

         6       State join many, many other states in

         7       proclaiming Friday, May 19th, as NASCAR Day

         8       2006.  NASCAR Day is the signature charitable

         9       event of the NASCAR Foundation and supports a

        10       wide range of worthy charitable initiatives.

        11       It's an opportunity for all of us to draw

        12       attention to NASCAR fans across New York and

        13       bring them to a worthwhile cause, and a worthy

        14       opportunity for all of them to express their

        15       sense of community.

        16                  Thank you, Madam President.

        17                  THE PRESIDENT:    All those in

        18       favor of the resolution please signify by

        19       saying aye.

        20                  (Response of "Aye.")

        21                  THE PRESIDENT:    Opposed, nay.

        22                  (No response.)

        23                  THE PRESIDENT:    The resolution is

        24       adopted.

        25                  Any member who does not wish to


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2376



         1       cosponsor the last two resolutions please

         2       notify the desk.

         3                  Senator Skelos.

         4                  SENATOR SKELOS:    Madam President,

         5       if could take up Resolution 4754, by Senator

         6       Marcellino, have the title read, move for its

         7       immediate adoption, and open it up for

         8       cosponsorship.

         9                  THE PRESIDENT:    The Secretary

        10       will read.

        11                  THE SECRETARY:    By Senator

        12       Marcellino, Legislative Resolution Number

        13       4754, memorializing Governor George E. Pataki

        14       to proclaim the week of May 15 through 21,

        15       2006, as Prevention is the Cure Week in the

        16       State of New York.

        17                  THE PRESIDENT:    All those in

        18       favor of the resolution please signify by

        19       saying aye.

        20                  (Response of "Aye.")

        21                  THE PRESIDENT:    Opposed, nay.

        22                  (No response.)

        23                  THE PRESIDENT:    The resolution is

        24       adopted.

        25                  Any member who does not wish to


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2377



         1       cosponsor the last resolution please notify

         2       the desk.

         3                  Senator Skelos.

         4                  SENATOR SKELOS:    Madam President,

         5       I believe the Finance Committee is just

         6       starting their deliberations in Room 124.  So

         7       if members wish to attend, they should go, and

         8       we'll stand at ease pending the completion of

         9       that meeting.

        10                  THE PRESIDENT:    The Senate stands

        11       at ease.

        12                  (Whereupon, the Senate stood at

        13       ease at 11:23 a.m.)

        14                  (Whereupon, the Senate reconvened

        15       at 11:33 a.m.)

        16                  ACTING PRESIDENT MORAHAN:

        17       Senator Skelos.

        18                  SENATOR SKELOS:    Thank you,

        19       Mr. President.  If we could go to the

        20       noncontroversial reading of the calendar.

        21                  ACTING PRESIDENT MORAHAN:    The

        22       Secretary will read.

        23                  THE SECRETARY:    Calendar Number

        24       99, by Senator Maziarz, Senate Print 203, an

        25       act to amend the Vehicle and Traffic Law, in


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2378



         1       relation to increasing penalties.

         2                  ACTING PRESIDENT MORAHAN:    Read

         3       the last section.

         4                  THE SECRETARY:    Section 4.  This

         5       act shall take effect on the first of

         6       November.

         7                  ACTING PRESIDENT MORAHAN:    Call

         8       the roll.

         9                  (The Secretary called the roll.)

        10                  ACTING PRESIDENT MORAHAN:

        11       Announce the results.

        12                  SENATOR SKELOS:    Lay that aside

        13       temporarily, please.

        14                  ACTING PRESIDENT MORAHAN:    The

        15       bill is laid aside temporarily.

        16                  THE SECRETARY:    Calendar Number

        17       100, by Senator Marcellino, Senate Print 659,

        18       an act to amend the Vehicle and Traffic Law,

        19       in relation to aggravated unlicensed

        20       operation.

        21                  ACTING PRESIDENT MORAHAN:    Read

        22       the last section.

        23                  THE SECRETARY:    Section 2.  This

        24       act shall take effect on the first of

        25       November.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2379



         1                  ACTING PRESIDENT MORAHAN:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  THE SECRETARY:    Ayes, 56.

         5                  ACTING PRESIDENT MORAHAN:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       101, by Senator Marcellino, Senate Print 665,

         9       an act to amend the Vehicle and Traffic Law,

        10       in relation to --

        11                  SENATOR SKELOS:    Lay it aside

        12       temporarily.

        13                  ACTING PRESIDENT MORAHAN:    The

        14       bill is laid aside temporarily.

        15                  THE SECRETARY:    Calendar Number

        16       252, by Senator Maziarz, Senate Print 692A, an

        17       act to amend the Vehicle and Traffic Law.

        18                  ACTING PRESIDENT MORAHAN:    Read

        19       the last section.

        20                  THE SECRETARY:    Section 3.  This

        21       act shall take effect immediately.

        22                  ACTING PRESIDENT MORAHAN:    Call

        23       the roll.

        24                  (The Secretary called the roll.)

        25                  ACTING PRESIDENT MORAHAN:


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2380



         1       Announce the results.

         2                  THE SECRETARY:    Ayes, 56.

         3                  ACTING PRESIDENT MORAHAN:    The

         4       bill is passed.

         5                  THE SECRETARY:    Calendar Number

         6       256, by Senator Nozzolio, Senate Print 2286,

         7       an act to amend the Vehicle and Traffic Law.

         8                  ACTING PRESIDENT MORAHAN:    Read

         9       the last section.

        10                  THE SECRETARY:    Section 3.  This

        11       act shall take effect on the 30th day.

        12                  ACTING PRESIDENT MORAHAN:    Call

        13       the roll.

        14                  (The Secretary called the roll.)

        15                  ACTING PRESIDENT MORAHAN:

        16       Announce the results.

        17                  THE SECRETARY:    Ayes, 57.

        18                  ACTING PRESIDENT MORAHAN:    The

        19       bill is passed.

        20                  THE SECRETARY:    Calendar Number

        21       257, by Senator Marcellino, Senate Print 2855,

        22       an act to amend the Vehicle and Traffic Law.

        23                  ACTING PRESIDENT MORAHAN:    Read

        24       the last section.

        25                  THE SECRETARY:    Section 3.  This


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2381



         1       act shall take effect on the first of

         2       November.

         3                  ACTING PRESIDENT MORAHAN:    Call

         4       the roll.

         5                  (The Secretary called the roll.)

         6                  THE SECRETARY:    Ayes, 58.

         7                  ACTING PRESIDENT MORAHAN:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       310, by Senator Maziarz, Senate Print 210A, an

        11       act to amend the Penal Law.

        12                  ACTING PRESIDENT MORAHAN:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 5.  This

        15       act shall take effect on the first of

        16       November.

        17                  ACTING PRESIDENT MORAHAN:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT MORAHAN:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 58.

        23                  ACTING PRESIDENT MORAHAN:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2382



         1       562, by Senator Robach, Senate Print 1613A, an

         2       act to amend the Penal Law.

         3                  ACTING PRESIDENT MORAHAN:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 3.  This

         6       act shall take effect on the first of

         7       November.

         8                  ACTING PRESIDENT MORAHAN:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT MORAHAN:

        12       Announce the results.

        13                  THE SECRETARY:    Ayes, 58.

        14                  ACTING PRESIDENT MORAHAN:    The

        15       bill is passed.

        16                  THE SECRETARY:    Calendar Number

        17       565, by Senator Robach, Senate Print 3418, an

        18       act to amend the Criminal Procedure Law and

        19       the Vehicle and Traffic Law.

        20                  ACTING PRESIDENT MORAHAN:    Read

        21       the last section.

        22                  THE SECRETARY:    Section 6.  This

        23       act shall take effect immediately.

        24                  ACTING PRESIDENT MORAHAN:    Call

        25       the roll.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2383



         1                  (The Secretary called the roll.)

         2                  ACTING PRESIDENT MORAHAN:

         3       Announce the results.

         4                  THE SECRETARY:    Ayes, 58.

         5                  ACTING PRESIDENT MORAHAN:    The

         6       bill is passed.

         7                  THE SECRETARY:    Calendar Number

         8       649, by Senator Padavan, Senate Print 6997, an

         9       act to amend the Penal Law.

        10                  ACTING PRESIDENT MORAHAN:    Read

        11       the last section.

        12                  THE SECRETARY:    Section 2.  This

        13       act shall take effect on the first of

        14       November.

        15                  ACTING PRESIDENT MORAHAN:    Call

        16       the roll.

        17                  (The Secretary called the roll.)

        18                  ACTING PRESIDENT MORAHAN:

        19       Announce the results.

        20                  THE SECRETARY:    Ayes, 57.  Nays,

        21       1.  Senator Montgomery recorded in the

        22       negative.

        23                  ACTING PRESIDENT MORAHAN:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2384



         1       661, by Senator Alesi, Senate Print 2273, an

         2       act to amend the Vehicle and Traffic Law.

         3                  ACTING PRESIDENT MORAHAN:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 2.  This

         6       act shall take effect on the first of

         7       November.

         8                  ACTING PRESIDENT MORAHAN:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT MORAHAN:

        12       Senator Duane, to explain his vote.

        13                  SENATOR DUANE:    Thank you, Mr.

        14       President.

        15                  I'm going to vote for this bill.

        16       But once again, this bill brings forward the

        17       issue of addiction to alcohol.  You know,

        18       people in New York need and deserve mental

        19       health treatment and addiction treatment.  And

        20       if we had it, we might not have the problem

        21       that we have that this bill is trying to deal

        22       with.

        23                  So here we are yet another day here

        24       in session, and we have yet to pass Timothy's

        25       Law.  And that is just plain wrong.  I don't


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2385



         1       know why we let countless New Yorkers suffer

         2       from mental health issues and substance abuse

         3       issues and not do what we can to help them.

         4       We need to pass Timothy's Law.

         5                  I'll be voting yes, Mr. President.

         6                  ACTING PRESIDENT MORAHAN:

         7       Announce the results.

         8                  THE SECRETARY:    Ayes, 58.

         9                  ACTING PRESIDENT MORAHAN:    The

        10       bill is passed.

        11                  THE SECRETARY:    Calendar Number

        12       679, by Senator Morahan, Senate Print 6939, an

        13       act to authorize.

        14                  ACTING PRESIDENT MORAHAN:    Read

        15       the last section.

        16                  THE SECRETARY:    Section 2.  This

        17       act shall take effect immediately.

        18                  ACTING PRESIDENT MORAHAN:    Call

        19       the roll.

        20                  (The Secretary called the roll.)

        21                  ACTING PRESIDENT MORAHAN:

        22       Announce the results.

        23                  THE SECRETARY:    Ayes, 57.  Nays,

        24       1.  Senator Bonacic recorded in the negative.

        25                  ACTING PRESIDENT MORAHAN:    The


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2386



         1       bill is passed.

         2                  THE SECRETARY:    Calendar Number

         3       692, by Senator Hannon, Senate Print 5811A, an

         4       act to amend the Tax Law.

         5                  ACTING PRESIDENT MORAHAN:    Read

         6       the last section.

         7                  THE SECRETARY:    Section 7.  This

         8       act shall take effect immediately.

         9                  ACTING PRESIDENT MORAHAN:    Call

        10       the roll.

        11                  (The Secretary called the roll.)

        12                  ACTING PRESIDENT MORAHAN:

        13       Announce the results.

        14                  THE SECRETARY:    Ayes, 58.

        15                  ACTING PRESIDENT MORAHAN:    The

        16       bill is passed.

        17                  THE SECRETARY:    Calendar Number

        18       693, by Senator Little, Senate Print 6428, an

        19       act to amend the Tax Law.

        20                  ACTING PRESIDENT MORAHAN:    There

        21       is a local fiscal impact statement at the

        22       desk.

        23                  Read the last section.

        24                  THE SECRETARY:    Section 6.  This

        25       act shall take effect immediately.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2387



         1                  ACTING PRESIDENT MORAHAN:    Call

         2       the roll.

         3                  (The Secretary called the roll.)

         4                  ACTING PRESIDENT MORAHAN:

         5       Announce the results.

         6                  THE SECRETARY:    Ayes, 57.  Nays,

         7       1.  Senator Valesky recorded in the negative.

         8                  ACTING PRESIDENT MORAHAN:    The

         9       bill is passed.

        10                  THE SECRETARY:    Calendar Number

        11       698, by Senator Morahan, Senate Print 3091A,

        12       an act to amend the Banking Law.

        13                  ACTING PRESIDENT MORAHAN:    Read

        14       the last section.

        15                  THE SECRETARY:    Section 2.  This

        16       act shall take effect immediately.

        17                  ACTING PRESIDENT MORAHAN:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT MORAHAN:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 58.

        23                  ACTING PRESIDENT MORAHAN:    The

        24       bill is passed.

        25                  THE SECRETARY:    Calendar Number


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2388



         1       99, by Senator Maziarz, Senate Print 203, an

         2       act to amend the Vehicle and Traffic Law.

         3                  ACTING PRESIDENT MORAHAN:    Read

         4       the last section.

         5                  THE SECRETARY:    Section 4.  This

         6       act shall take effect on the first of

         7       November.

         8                  ACTING PRESIDENT MORAHAN:    Call

         9       the roll.

        10                  (The Secretary called the roll.)

        11                  ACTING PRESIDENT MORAHAN:

        12       Senator Montgomery, to explain her vote.

        13                  SENATOR MONTGOMERY:    Yes, Mr.

        14       President.

        15                  I have opposed this legislation in

        16       past prior sessions.  I'm going to withdraw my

        17       objection and vote yes on this, although I

        18       still have some reservations about the fact

        19       that there are a number of different degrees

        20       of impairment based on prescription drugs that

        21       people experience.  Very often they are

        22       unaware that they are going to have that kind

        23       of reaction and therefore may possibly be

        24       charged under this bill.

        25                  But nonetheless, I'm going to


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2389



         1       withdraw my objection and vote yes.

         2                  ACTING PRESIDENT MORAHAN:

         3       Senator Montgomery will be recorded in the

         4       affirmative.

         5                  Announce the results.

         6                  THE SECRETARY:    Ayes, 58.

         7                  ACTING PRESIDENT MORAHAN:    The

         8       bill is passed.

         9                  THE SECRETARY:    Calendar Number

        10       101, by Senator Marcellino, Senate Print 665,

        11       an act to amend the Vehicle and Traffic Law.

        12                  ACTING PRESIDENT MORAHAN:    Read

        13       the last section.

        14                  THE SECRETARY:    Section 2.  This

        15       act shall take effect on the first of

        16       November.

        17                  ACTING PRESIDENT MORAHAN:    Call

        18       the roll.

        19                  (The Secretary called the roll.)

        20                  ACTING PRESIDENT MORAHAN:

        21       Announce the results.

        22                  THE SECRETARY:    Ayes, 58.

        23                  ACTING PRESIDENT MORAHAN:    The

        24       bill is passed.

        25                  Senator Skelos.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2390



         1                  SENATOR SKELOS:    Mr. President,

         2       there will be an immediate conference of the

         3       Majority in the Majority Conference Room.

         4       It's expected that the conference will last

         5       approximately a half hour, and then we'll

         6       reconvene.

         7                  ACTING PRESIDENT MORAHAN:    There

         8       will be an immediate meeting of the Majority

         9       in the Majority Conference Room which will

        10       last about a half an hour, and in the meantime

        11       the Senate will stand at ease.

        12                  (Whereupon, the Senate stood at

        13       ease at 11:54 a.m.)

        14                  (Whereupon, the Senate reconvened

        15       at 12:59 p.m.)

        16                  ACTING PRESIDENT ALESI:    Senator

        17       Skelos.

        18                  SENATOR SKELOS:    Thank you,

        19       Mr. President.  Would you please recognize

        20       Senator Gonzalez.

        21                  ACTING PRESIDENT ALESI:    Senator

        22       Gonzalez.

        23                  SENATOR GONZALEZ:    Mr. President,

        24       there will be a conference of the Minority at

        25       2 o'clock in Room 315.


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2391



         1                  ACTING PRESIDENT ALESI:    Minority

         2       conference at 2 o'clock in Room 315.

         3                  Senator Skelos.

         4                  SENATOR SKELOS:    Mr. President,

         5       the Senate will stand at ease until 2:30 this

         6       afternoon.

         7                  ACTING PRESIDENT ALESI:    The

         8       Senate will stand at ease until 2:30.

         9                  (Whereupon, the Senate stood at

        10       ease at 1:01 p.m.)

        11                  (Whereupon, the Senate reconvened

        12       at 4:59 p.m.)

        13                  ACTING PRESIDENT ALESI:    Senator

        14       Skelos.

        15                  SENATOR SKELOS:    Mr. President,

        16       if we could return to motions and resolutions,

        17       there's a Resolution 4797 at the desk, by

        18       Senator Bruno.  Could we have the title read

        19       and move for its immediate adoption.

        20                  ACTING PRESIDENT ALESI:    The

        21       Secretary will read.

        22                  THE SECRETARY:    By Senator Bruno,

        23       Legislative Resolution Number 4797,

        24       congratulating the Troy Albany Youth Hockey

        25       Association PeeWee Team upon the occasion of


                      Candyco Transcription Service, Inc.
                                (518) 371-8910

                                                        2392



         1       competing in the 2006 Tretiak Friendship Cup

         2       Tournament in Moscow.

         3                  ACTING PRESIDENT ALESI:    On the

         4       resolution, all in favor, aye.

         5                  (Response of "Aye.")

         6                  ACTING PRESIDENT ALESI:    Opposed,

         7       nay.

         8                  (No response.)

         9                  ACTING PRESIDENT ALESI:    The

        10       resolution is adopted.

        11                  SENATOR SKELOS:    Mr. President,

        12       is there any further business at the desk?

        13                  ACTING PRESIDENT ALESI:    Senator

        14       Skelos, there is no further business at the

        15       desk.

        16                  SENATOR SKELOS:    I move we

        17       adjourn until Wednesday, April 26th, at

        18       11:00 a.m.

        19                  ACTING PRESIDENT ALESI:    On

        20       motion, the Senate stands adjourned until

        21       Wednesday, April 26th, at 11:00 a.m.

        22                  (Whereupon, at 5:00 p.m., the

        23       Senate adjourned.)

        24

        25


                      Candyco Transcription Service, Inc.
                                (518) 371-8910