Regular Session - May 19, 1993

                                                                 
3887

         1

         2

         3

         4

         5

         6

         7

         8

         9                       ALBANY, NEW YORK

        10                         May 19, 1993

        11                          12:24 p.m.

        12

        13

        14                       REGULAR SESSION

        15

        16

        17

        18       SENATOR HUGH T. FARLEY, Acting President

        19       STEPHEN F. SLOAN, Secretary

        20

        21

        22

        23











                                                             
3888

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

         2                      ACTING PRESIDENT FARLEY:  The

         3       Senate will come to order.  Senators will please

         4       find their seats.

         5                      Will you please rise with me for

         6       the Pledge of Allegiance to the Flag.

         7                      (Whereupon, the Senate joined in

         8       the Pledge of Allegiance to the Flag. )

         9                      ACTING PRESIDENT FARLEY:  Today,

        10       in the absence of visiting clergy, we will bow

        11       our heads for a moment of silent prayer.

        12                      (Whereupon, there was a moment of

        13       silence. )

        14                      Secretary will begin by reading

        15       the Journal.

        16                      THE SECRETARY:  In Senate,

        17       Tuesday, May 18.  The Senate met pursuant to

        18       adjournment.  Senator Farley in the chair upon

        19       designation of the Temporary President.  The

        20       Journal of Monday, May 17, was read and

        21       approved.  On motion, Senate adjourned.

        22                      ACTING PRESIDENT FARLEY:  Hearing

        23       no objection, the Journal will stand approved as











                                                             
3889

         1       read.

         2                      The order of business.

         3                      Presentation of petitions.

         4                      Messages from the Assembly.

         5                      Messages from the Governor.

         6                      Reports of standing committees.

         7                      Reports of select committees.

         8                      Communications and reports from

         9       state officers.

        10                      Motions and resolutions.

        11                      SENATOR PADAVAN:  Please

        12       recognize Senator Tully.

        13                      ACTING PRESIDENT FARLEY:  Senator

        14       Tully.

        15                      SENATOR TULLY:  Yes, Mr.

        16       President.  I believe I have a resolution at the

        17       desk.  May I please have the resolution read in

        18       its entirety.

        19                      ACTING PRESIDENT FARLEY:  The

        20       Secretary will read Senator Tully's resolution

        21       in its entirety.

        22                      THE SECRETARY:  Legislative

        23       Resolution, by Senator Tully, honoring the life











                                                             
3890

         1       and career of Samuel Rabin.

         2                      Whereas, it is the sense of this

         3       legislative body to honor the life of prominent

         4       citizens of the state of New York whose life's

         5       work and civic endeavors have served to enhance

         6       the quality of life within this great Empire

         7       State.

         8                      The state of New York, the county

         9       of Nassau, and Floral Park mourn the loss of

        10       Samuel Rabin, a respected public servant and

        11       civic leader, who passed away on May 7, 1993.

        12                      In honoring Samuel Rabin, we

        13       honor his spirit and commitment to the community

        14       in which he lived, labored, and lovingly raised

        15       his family.

        16                      As a man of immense talents and

        17       engineers, Samuel Rabin epitomized the finest

        18       qualities of concerned citizen, trusted civic

        19       leader, caring friend and gentleman; he was an

        20       eminent member of the Nassau County community.

        21                      As a conscientious, progressive

        22       leader, his abilities, ambitions and

        23       achievements in public life served to heighten











                                                             
3891

         1       the public's awareness of the political process

         2       and the importance of taking an active part in

         3       it at the grass roots level.

         4                      In his lifetime, Samuel Rabin

         5       succeeded in accomplishing things of great

         6       magnitude because he knew the value of time and

         7       perseverance, as well as the power of kindness;

         8       that particular philosophy of life rewarded him

         9       with countless numbers of rich and enduring

        10       friendships throughout the state of New York and

        11       the nation.

        12                      In combining his diverse personal

        13       life with an active role in the community, he

        14       has illustrated to family, friends, and

        15       acquaintances alike that life is, indeed, rich

        16       with possibilities.

        17                      Samuel Rabin was elected to the

        18       state Assembly from Queens in 1944 on his second

        19       try and was reelected four times; he worked on

        20       housing issues and rent control, as well as on

        21       education and reapportionment; he was active in

        22       the fight against a "black market" in babies for

        23       adoption.











                                                             
3892

         1                      In 1954, Mr. Rabin was elected to

         2       the first of two fourteen-year terms on the

         3       state Supreme Court in Queens; in 1962, Governor

         4       Nelson A. Rockefeller elevated him to the

         5       Appellate Division Second Judicial Department

         6       and advanced him to Presiding Justice in 1971.

         7                      As head of the Second Department,

         8       Justice Rabin was in charge of the court that

         9       hears appeals from Brooklyn, Queens, Staten

        10       Island, Long Island, Westchester County, and

        11       four counties to the north, making it one of the

        12       busiest tribunals in the nation; he also oversaw

        13       the work and conduct of all judges in the

        14       district.

        15                      In 1974, Samuel Rabin was

        16       appointed as Associate Judge of the Court of

        17       Appeals, the state's highest court by Governor

        18       Malcolm Wilson for an interim appointment.

        19                      Governor Hugh L. Carey then

        20       restored him to the Appellate Division for

        21       successive two-year terms until he retired in

        22       1981 at the age of 76; at the time of his death

        23       Judge Rabin was of counsel to the Wall Street











                                                             
3893

         1       law firm of Herzfeld & Rubin.

         2                      Samuel Rabin was born in

         3       Manhattan, and moved to Queens when he was a

         4       boy; at Cornell University, he ran with the

         5       track and cross-country team; after graduation,

         6       he earned his law degree at New York University

         7       in 1928 and went into practice in Jamaica; now,

         8       therefore, be it

         9                      Resolved, that this legislative

        10       body pause in its deliberations to honor with

        11       respect and admiration the life and career of

        12       Samuel Rabin, who was a motivating influence in

        13       Nassau County; and be it further

        14                      Resolved, that copies of this

        15       resolution, suitably engrossed, be transmitted

        16       to his wife, Florence; his son, Robert J. of

        17       Syracuse; his daughter, Jane Rabin Stern of

        18       Sands Point, Long Island; his sister Ruth

        19       Rubenstein of Eugene, Oregon; and his brother,

        20       Bernard of Liberty, New York.

        21                      ACTING PRESIDENT FARLEY:  Senator

        22       Tully.

        23                      SENATOR TULLY:  Mr. President.











                                                             
3894

         1       Almost two weeks ago, on May the 7th, a

         2       distinguished public servant, citizen and

         3       constituent of mine, Judge Samuel Rabin, passed

         4       away at his home in Floral Park, New York.

         5                      Samuel Rabin had a long and

         6       illustrious career as a public servant in New

         7       York State beginning in 1944, when he was

         8       elected to the New York State Assembly.  In

         9       1954, Mr. Rabin was elected to the first of two

        10       14-year terms on the New York State Supreme

        11       Court; and from there, he went on to serve at

        12       all three levels of the New York State court

        13       system.

        14                      Although he served long before I

        15       came to this Legislature, Samuel Rabin leaves

        16       behind a legacy of commitment to New York State

        17       government, a legacy that will remain with us

        18       for many years to come.

        19                      Mr. President, I hope that all of

        20       my colleagues will join me in extending our

        21       deepest and most sincere condolences to the

        22       family of Samuel Rabin, his widow, Florence; his

        23       two children, Robert and Jane; his brother and











                                                             
3895

         1       sister, Bernard and Ruth; and his two grand

         2       children.

         3                      Thank you, Mr. President.

         4                      ACTING PRESIDENT FARLEY:  Senator

         5       Padavan.

         6                      SENATOR PADAVAN:  Mr. President,

         7       first let me thank Senator Tully for having

         8       taken the initiative to prepare and submit to

         9       this body the resolution that was read and

        10       beautifully written.

        11                      I first met Judge Rabin when I

        12       was a teen-ager, 12 or 13 years of age; was

        13       introduced to him by my father, my father having

        14       helped him in his campaigns for the Assembly at

        15       that point in time; and over the course of many

        16       years, our paths crossed.  Both he and Florence

        17       were friends of the family, and we visited on

        18       numerous occasions.

        19                      My last visit with him was in

        20       late October or early November of the past year,

        21       when we spent a few minutes talking at their

        22       apartment in North Shore Towers to which they

        23       had moved after leaving their beautiful home of











                                                             
3896

         1       many years in Jamaica Estates.

         2                      As the resolution tells us, this

         3       was indeed a very unique man, both in demeanor

         4       and in conduct and in accomplishment, as well as

         5       professionally, unparalleled in my life span in

         6       terms of individuals who have served the state

         7       both in the community level and the Legislature

         8       and subsequently on the judiciary.

         9                      He will be sorely missed by

        10       everyone who knew him and certainly missed by

        11       his family and loved ones and friends of which I

        12       include myself; and so, Mr. President, I would

        13       like to be added as a co-sponsor of this

        14       resolution, as I'm sure would many others in

        15       this chamber.

        16                      SENATOR GOLD:  Mr. President.

        17                      ACTING PRESIDENT FARLEY:  Senator

        18       Gold.

        19                      SENATOR GOLD:  Yes, I definitely

        20       would like to be added as a co-sponsor, and

        21       perhaps at the appropriate time, Senator Tully

        22       will solicit others.  On many counts, I am very

        23       saddened by the passing of Judge Rabin.  I don't











                                                             
3897

         1       think you could grow up in this state, certainly

         2       when I grew up in politics and as a young

         3       lawyer, without having been awed somewhat by

         4       this man.  He was just the ultimate gentleman, a

         5       classy person, always had the warmest smile, the

         6       cheeriest disposition and it was no secret that

         7       he was bright.

         8                      You might notice in the

         9       resolution it refers to the fact that at the

        10       time of his death he was a counsel to the law

        11       firm of Herzfeld & Rubin.  That happens to be my

        12       firm, and that was one of the delights of

        13       joining that firm was knowing that they had this

        14       very distinguished gentleman there.

        15                      I'm sorry that his years at

        16       Cornell University preceded mine.  It would have

        17       been fun going to school with him, but I think

        18       the true measure of the man is not necessarily

        19       what Senator Tully and Senator Padavan and I and

        20       others say today, but the remarks that have been

        21       said over the years about Sam Rabin behind his

        22       back; and behind his back he could have been a

        23       fly on the wall, his parents, his family, his











                                                             
3898

         1       friends could be flies on the wall, because

         2       there never was anything but laudatory remarks

         3       ever said about this man.  He was just an

         4       extraordinary person and truly missed by

         5       everybody who knew him.

         6                      ACTING PRESIDENT FARLEY:  Senator

         7       Tully.

         8                      SENATOR TULLY:  Mr. President, at

         9       the conclusion of my remarks, I did say I hoped

        10       all my colleagues would join me; by that, of

        11       course, I meant the resolution would be open for

        12       sponsorship by every member of the chamber if

        13       they so desired.

        14                      ACTING PRESIDENT FARLEY:  The

        15       Acting Majority Leader and Acting Minority

        16       Leader have agreed to put the entire Legislature

        17       on the resolution, if the sponsor also agrees.

        18                      SENATOR TULLY:  Yes, definitely.

        19                      ACTING PRESIDENT FARLEY:  On the

        20       resolution.  All in favor, say aye.

        21                      (Response of "Aye.")

        22                      Those opposed, nay.

        23                      (There was no response. )











                                                             
3899

         1                      The resolution is unanimously

         2       adopted.

         3                      SENATOR PADAVAN:  Mr. President,

         4       would you recognize Senator Levy.

         5                      ACTING PRESIDENT FARLEY:  Senator

         6       Norman Levy.

         7                      SENATOR LEVY:  Mr. President, we

         8       have at the desk two resolutions, and I would

         9       ask that the titles be read, and move their

        10       immediate adoption.

        11                      ACTING PRESIDENT FARLEY:

        12       Secretary will read the titles of Senator Levy's

        13       resolutions.

        14                      THE SECRETARY:  Legislative

        15       Resolution, by Senator Levy, honoring John Cook

        16       for his selflessly dedicated service and

        17       outstanding contribution to and on behalf of

        18       Hope for Youth of Amityville, New York.

        19                      Also, Legislative Resolution

        20       commemorating the 25th Anniversary of Hope for

        21       Youth of Amityville, New York.

        22                      ACTING PRESIDENT FARLEY:  On the

        23       resolutions.  All in favor, say aye.











                                                             
3900

         1                      (Response of "Aye.")

         2                      Those opposed, nay.

         3                      (There was no response. )

         4                      The resolutions are adopted.

         5                      Senator Levy.

         6                      SENATOR LEVY:  Yes, Mr.

         7       President.  I would like to place sponsor stars

         8       on Calendars 890, 892, 762, 765 and 763.

         9                      ACTING PRESIDENT FARLEY:  The

        10       bills are starred at the request of the sponsor,

        11       I believe.

        12                      Senator Velella.

        13                      SENATOR VELELLA:  Mr. President,

        14       on behalf of Senator Stafford, I would like to

        15       have a sponsor star placed on Calendar Number

        16       365.

        17                      ACTING PRESIDENT FARLEY:  The

        18       bill is starred.

        19                      SENATOR VELELLA:  And on behalf

        20       of Senator Farley, a sponsor star on Calendar

        21       885, Senate Print 2792.

        22                      ACTING PRESIDENT FARLEY:  The

        23       bill is starred.











                                                             
3901

         1                      SENATOR VELELLA:  And on my own

         2       behalf, Mr. President, my bill, Senate 2562,

         3       Calendar 620, I'd like to place a sponsor star.

         4                      ACTING PRESIDENT FARLEY:  The

         5       bill is starred.  Thank you, Senator Velella.

         6                      Senator Kuhl.

         7                      SENATOR KUHL:  Yes, Mr.

         8       President.  Would you place a sponsor star on

         9       Calendar Number 648, please.

        10                      ACTING PRESIDENT FARLEY:  648 is

        11       starred at the request of the sponsor.

        12                      SENATOR KUHL:  Yes.  And Mr.

        13       President, on behalf of Senator Hannon -

        14                      ACTING PRESIDENT FARLEY:  Getting

        15       a little noisy.

        16                      SENATOR KUHL:  -- I wish to call

        17       up his bill, Senate Print 3171A, recalled from

        18       the Assembly which is now at the desk.

        19                      ACTING PRESIDENT FARLEY:

        20       Secretary will read the bill.

        21                      THE SECRETARY:  By Senator

        22       Hannon, Senate Bill Number 3171A, an act to

        23       amend the Private Housing Finance Law.











                                                             
3902

         1                      ACTING PRESIDENT FARLEY:  Senator

         2       Kuhl.

         3                      SENATOR KUHL:  I now move to

         4       reconsider the vote by which this bill was

         5       passed and ask the bill be restored to the order

         6       of third reading.

         7                      ACTING PRESIDENT FARLEY:  The

         8       Secretary will call the roll on reconsideration.

         9                      (The Secretary called the roll on

        10       reconsideration. )

        11                      THE SECRETARY:  Ayes 44.

        12                      ACTING PRESIDENT FARLEY:  The

        13       bill is before the house.

        14                      Senator Kuhl.

        15                      SENATOR KUHL:  I now move to

        16       discharge from the Committee on Housing and

        17       Community Development Assembly Print 4618A and

        18       substitute it for Senator Hannon's identical

        19       bill.  The Senate bill on first passage was

        20       voted unanimously.  I now move the substituted

        21       Assembly bill will have its third reading at

        22       this time.

        23                      ACTING PRESIDENT FARLEY:











                                                             
3903

         1       Substitution is ordered.

         2                      Read the last section.

         3                      THE SECRETARY:  Section 2.  This

         4       act shall take effect immediately.

         5                      ACTING PRESIDENT FARLEY:  Call

         6       the roll.

         7                      (The Secretary called the roll. )

         8                      THE SECRETARY:  Unanimous.

         9                      ACTING PRESIDENT FARLEY:  The

        10       bill is passed.

        11                      SENATOR LEICHTER:  Mr. President,

        12       was it the same vote as before?

        13                      ACTING PRESIDENT FARLEY:  It was

        14       passed yesterday unanimously.  It's a cross.

        15                      The bill is passed if I didn't

        16       say that.

        17                      We have a substitution, Senator

        18       Padavan.  Is that all right to go ahead with

        19       that?

        20                      The Secretary will read a

        21       substitution.

        22                      THE SECRETARY:  On page 39 of

        23       today's calendar, Senator Seward moves to











                                                             
3904

         1       discharge the Committee on Investigations,

         2       Taxation, and Government Operation from Assembly

         3       Bill Number 7608 and substitute it for the

         4       identical Third Reading 913.

         5                      ACTING PRESIDENT FARLEY:

         6       Substitution is ordered.

         7                      Senator Padavan, that seems to be

         8       most of the housekeeping.

         9                      SENATOR PADAVAN:

        10       Non-controversial, Mr. President.

        11                      ACTING PRESIDENT FARLEY:

        12       Non-controversial.  The Secretary will read.

        13                      THE SECRETARY:  On page 5,

        14       Calendar Number 173, by member of the Assembly

        15       Farrell, Assembly Bill Number 2853, an act to

        16       amend the Banking Law, in relation to permitting

        17       expanded investments by savings banks.

        18                      ACTING PRESIDENT FARLEY:  Read

        19       the last section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      ACTING PRESIDENT FARLEY:  Call

        23       the roll.











                                                             
3905

         1                      (The Secretary called the roll. )

         2                      THE SECRETARY:  Ayes 47.

         3                      ACTING PRESIDENT FARLEY:  The

         4       bill is passed.

         5                      THE SECRETARY:  Calendar Number

         6       465.

         7                      SENATOR PADAVAN:  Lay it aside

         8       for the day.

         9                      ACTING PRESIDENT FARLEY:  Lay it

        10       aside for the day.

        11                      THE SECRETARY:  Calendar Number

        12       652, by Senator Tully, Senate Bill Number 1015A,

        13       an act to amend the Public Health Law, in

        14       relation to utilization review agents.

        15                      ACTING PRESIDENT FARLEY:  Read

        16       the last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT FARLEY:  Call

        20       the roll.

        21                      (The Secretary called the roll. )

        22                      THE SECRETARY:  Ayes 47.

        23                      ACTING PRESIDENT FARLEY:  The











                                                             
3906

         1       bill is passed.

         2                      SENATOR BRUNO:  Calendar Number

         3       706, by Senator Spano, Senate Bill Number 4276.

         4                      SENATOR GOLD:  Lay it aside.

         5                      ACTING PRESIDENT FARLEY:  Lay it

         6       aside.

         7                      THE SECRETARY:  Calendar Number

         8       715.

         9                      SENATOR PADAVAN:  Lay it aside.

        10                      ACTING PRESIDENT FARLEY:  Lay it

        11       aside.  For the day?

        12                      SENATOR PADAVAN:  Yes.

        13                      ACTING PRESIDENT FARLEY:  For the

        14       day.

        15                      THE SECRETARY:  Calendar Number

        16       739, by Senator Levy, Senate Bill Number 4845,

        17       amends Chapter 209 of the Laws of 1962.

        18                      ACTING PRESIDENT FARLEY:  Read

        19       the last section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      ACTING PRESIDENT FARLEY:  Call

        23       the roll.











                                                             
3907

         1                      (The Secretary called the roll. )

         2                      THE SECRETARY:  Ayes 47.

         3                      ACTING PRESIDENT FARLEY:  The

         4       bill is passed.

         5                      THE SECRETARY:  Calendar Number

         6       755, by member of the Assembly Ortloff, Assembly

         7       Bill Number 6169, an act to amend the Highway

         8       Law, in relation to the description of the

         9       Seaway Trail.

        10                      ACTING PRESIDENT FARLEY:  Read

        11       the last section.

        12                      THE SECRETARY:  Section 2.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT FARLEY:  Call

        15       the roll.

        16                      (The Secretary called the roll. )

        17                      THE SECRETARY:  Ayes 47.

        18                      ACTING PRESIDENT FARLEY:  The

        19       bill is passed.

        20                      THE SECRETARY:  Calendar Number

        21       761, by Senator Levy, Senate Bill Number 4802,

        22       an act to amend the Public Authorities Law, in

        23       relation to requiring the Rochester-Genesee











                                                             
3908

         1       Transportation Authority.

         2                      ACTING PRESIDENT FARLEY:  Read

         3       the last section.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect immediately.

         6                      ACTING PRESIDENT FARLEY:  Call

         7       the roll.

         8                      (The Secretary called the roll. )

         9                      THE SECRETARY:  Ayes 47.

        10                      ACTING PRESIDENT FARLEY:  The

        11       bill is passed.

        12                      THE SECRETARY:  Calendar Number

        13       767, by Senator Levy, Senate Bill Number 5489,

        14       to repeal Paragraph c of subdivision 1 of

        15       section 401 of the Vehicle and Traffic Law.

        16                      ACTING PRESIDENT FARLEY:  Read

        17       the last section.

        18                      THE SECRETARY:  Section 2.  This

        19       act shall take effect immediately.

        20                      ACTING PRESIDENT FARLEY:  Call

        21       the roll.

        22                      (The Secretary called the roll. )

        23                      THE SECRETARY:  Ayes 47.











                                                             
3909

         1                      ACTING PRESIDENT FARLEY:  The

         2       bill is passed.

         3                      THE SECRETARY:  Calendar Number

         4       777, by Senator Lack, Senate Bill Number 4282,

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

         6       required notice.

         7                      ACTING PRESIDENT FARLEY:  Read

         8       the last section.

         9                      THE SECRETARY:  Section 2.  This

        10       act shall take effect immediately.

        11                      ACTING PRESIDENT FARLEY:  Call

        12       the roll.

        13                      (The Secretary called the roll. )

        14                      THE SECRETARY:  Ayes 47.

        15                      ACTING PRESIDENT FARLEY:  The

        16       bill is passed.

        17                      THE SECRETARY:  Calendar Number

        18       778, by Senator Lack, Senate Bill Number 4549,

        19       amends Chapter 206 of the Laws of 1974, amending

        20       the Labor Law.

        21                      ACTING PRESIDENT FARLEY:  Read

        22       the last section.

        23                      THE SECRETARY:  Section 2.  This











                                                             
3910

         1       act shall take effect immediately.

         2                      ACTING PRESIDENT FARLEY:  Call

         3       the roll.

         4                      (The Secretary called the roll. )

         5                      SENATOR GOLD:  Lay it aside.

         6                      ACTING PRESIDENT FARLEY:  Lay it

         7       aside.  Withdraw the roll call.

         8                      THE SECRETARY:  Calendar Number

         9       779, by Senator Lack, Senate Bill Number 4748,

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

        11       extended benefits.

        12                      ACTING PRESIDENT FARLEY:  Read

        13       the last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT FARLEY:  Call

        17       the roll.

        18                      (The Secretary called the roll. )

        19                      THE SECRETARY:  Ayes 47.

        20                      ACTING PRESIDENT FARLEY:  The

        21       bill is passed.

        22                      THE SECRETARY:  Calendar Number

        23       780, by Senator Lack, Senate Bill Number 4949,











                                                             
3911

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

         2       extending the time for employers to make

         3       voluntary unemployment insurance contributions.

         4                      ACTING PRESIDENT FARLEY:  Read

         5       the last section.

         6                      THE SECRETARY:  Section 2.  This

         7       act shall take effect immediately.

         8                      ACTING PRESIDENT FARLEY:  Call

         9       the roll.

        10                      (The Secretary called the roll. )

        11                      THE SECRETARY:  Ayes 48.

        12                      ACTING PRESIDENT FARLEY:  The

        13       bill is passed.

        14                      THE SECRETARY:  Calendar Number

        15       782, by Senator Lack, Senate Bill Number 4818.

        16                      SENATOR GOLD:  Lay it aside.

        17                      ACTING PRESIDENT FARLEY:  Lay it

        18       aside.

        19                      THE SECRETARY:  Calendar Number

        20       790, by Senator -

        21                      SENATOR PADAVAN:  Lay it aside

        22       and lay aside 791.

        23                      ACTING PRESIDENT FARLEY:  Lay it











                                                             
3912

         1       aside, and also 791.

         2                      THE SECRETARY:  Calendar Number

         3       801, by Senator Johnson, Senate Bill Number

         4       4775, Environmental Conservation Law, in

         5       relation to -

         6                      SENATOR GOLD:  Lay it aside.

         7                      ACTING PRESIDENT FARLEY:  Lay it

         8       aside.

         9                      THE SECRETARY:  Calendar Number

        10       816, by Senator Skelos, Senate Bill Number 1156,

        11       Executive Law and the Penal Law.

        12                      SENATOR GOLD:  Lay it aside.

        13                      ACTING PRESIDENT FARLEY:  Lay it

        14       aside.

        15                      THE SECRETARY:  Calendar Number

        16       818, by Senator Johnson, Senate Bill Number

        17       1898, Executive Law, in relation to parole

        18       release.

        19                      SENATOR GOLD:  Lay it aside.

        20                      ACTING PRESIDENT FARLEY:  Lay it

        21       aside.

        22                      THE SECRETARY:  Calendar Number

        23       823, by Senator Cook, Senate Bill Number 2410,











                                                             
3913

         1       proposing amendment to the Constitution.

         2                      SENATOR LEICHTER:  Lay it aside.

         3                      ACTING PRESIDENT FARLEY:  Lay it

         4       aside.

         5                      THE SECRETARY:  Calendar Number

         6       833, by Senator Holland, Senate Bill Number

         7       3656, Social Services Law.

         8                      SENATOR GOLD:  Lay it aside.

         9                      ACTING PRESIDENT FARLEY:  Lay it

        10       aside.

        11                      THE SECRETARY:  Calendar Number

        12       839, by Senator Cook, Senate Bill Number 2409,

        13       an act to amend the Vehicle and Traffic Law.

        14                      ACTING PRESIDENT FARLEY:  Read

        15       the last section.

        16                      THE SECRETARY:  Section 2.  This

        17       act shall take effect immediately.

        18                      ACTING PRESIDENT FARLEY:  Call

        19       the roll.

        20                      (The Secretary called the roll. )

        21                      THE SECRETARY:  Ayes 49.

        22                      ACTING PRESIDENT FARLEY:  The

        23       bill is passed.











                                                             
3914

         1                      THE SECRETARY:  Calendar Number

         2       844, by Senator Larkin, Senate Bill Number

         3       43 -

         4                      SENATOR GOLD:  Lay it aside.

         5                      ACTING PRESIDENT FARLEY:  Lay it

         6       aside.

         7                      THE SECRETARY:  Calendar Number

         8       847, by Senator DeFrancisco, Senate Bill Number

         9       4556, an act to amend the Civil Service Law, the

        10       Education Law.

        11                      SENATOR GOLD:  Lay it aside.

        12                      ACTING PRESIDENT FARLEY:  Lay it

        13       aside.

        14                      SENATOR GOLD:  Hold on.  No, I

        15       have no problem with that.

        16                      ACTING PRESIDENT FARLEY:  Read

        17       the last section of the prior bill.

        18                      THE SECRETARY:  Section 2.  This

        19       act shall take effect immediately.

        20                      ACTING PRESIDENT FARLEY:  Call

        21       the roll.

        22                      (The Secretary called the roll. )

        23                      THE SECRETARY:  Ayes 49.











                                                             
3915

         1                      ACTING PRESIDENT FARLEY:  The

         2       bill is passed.

         3                      The Calendar Number on that bill

         4       in a just passed? 847.

         5                      THE SECRETARY:  Calendar Number

         6       858, by Senator Volker, Senate Bill Number 2630,

         7       an act to amend the Criminal Procedure Law, in

         8       relation to pre-sentence reports.

         9                      ACTING PRESIDENT FARLEY:  Read

        10       the last section.

        11                      THE SECRETARY:  Section 2.  This

        12       act shall take effect immediately.

        13                      ACTING PRESIDENT FARLEY:  Call

        14       the roll.

        15                      (The Secretary called the roll. )

        16                      THE SECRETARY:  Ayes 50.

        17                      ACTING PRESIDENT FARLEY:  The

        18       bill is passed.

        19                      THE SECRETARY:  Calendar Number

        20       860, by Senator Skelos, Senate Bill Number 3612,

        21       an act to amend the Criminal Procedure Law.

        22                      ACTING PRESIDENT FARLEY:  Read

        23       the last section.











                                                             
3916

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT FARLEY:  Call

         4       the roll.

         5                      (The Secretary called the roll. )

         6                      THE SECRETARY:  Ayes 49, nays 3,

         7       Senators Galiber, Gold and Leichter recorded in

         8       the negative.

         9                      ACTING PRESIDENT FARLEY:  The

        10       bill is passed.

        11                      THE SECRETARY:  Calendar Number

        12       860.

        13                      SENATOR PADAVAN:  Lay it aside

        14       for the day.

        15                      ACTING PRESIDENT FARLEY:  Lay it

        16       aside for the day.

        17                      THE SECRETARY:  Calendar Number

        18       874, by Senator Holland, Senate Bill Number

        19       5006, an act to amend the Public Authorities

        20       Law.

        21                      SENATOR LEICHTER:  Lay it aside.

        22                      ACTING PRESIDENT FARLEY:  Lay it

        23       aside.











                                                             
3917

         1                      SENATOR LEICHTER:  I'm sorry.

         2                      ACTING PRESIDENT FARLEY:  Would

         3       you call up that bill again.

         4                      THE SECRETARY:  Calendar Number

         5       874, by Senator Holland, Senate Bill Number

         6       5006, an act to amend the Public Authorities

         7       law.

         8                      ACTING PRESIDENT FARLEY:  Read

         9       the last section.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      ACTING PRESIDENT FARLEY:  Call

        13       the roll.

        14                      (The Secretary called the roll. )

        15                      THE SECRETARY:  Ayes 52, nays 1,

        16       Senator Kuhl recorded in the negative.

        17                      ACTING PRESIDENT FARLEY:  The

        18       bill is passed.

        19                      THE SECRETARY:  Calendar Number

        20       875, by Senator Padavan, Senate Bill Number

        21       1853A, an act to amend the Agriculture and

        22       Markets Law.

        23                      ACTING PRESIDENT FARLEY:  Read











                                                             
3918

         1       the last section.

         2                      THE SECRETARY:  Section 2.  This

         3       act shall take effect immediately.

         4                      ACTING PRESIDENT FARLEY:  Call

         5       the roll.

         6                      (The Secretary called the roll. )

         7                      THE SECRETARY:  Ayes 53.

         8                      ACTING PRESIDENT FARLEY:  The

         9       bill is passed.

        10                      THE SECRETARY:  Calendar Number

        11       876, by Senator Kuhl, Senate Bill Number 3413,

        12       Agriculture and Markets Law and the Economic

        13       Development Law.

        14                      ACTING PRESIDENT FARLEY:  Read

        15       the last section.

        16                      THE SECRETARY:  Section 2.  This

        17       act shall take effect immediately.

        18                      ACTING PRESIDENT FARLEY:  Call

        19       the roll.

        20                      (The Secretary called the roll. )

        21                      SENATOR LEICHTER:  Lay it aside.

        22                      ACTING PRESIDENT FARLEY:

        23       Withdraw the roll call.  Lay the bill aside.











                                                             
3919

         1                      THE SECRETARY:  Calendar Number

         2       877, by Senator Johnson, Senate Bill Number

         3       4653, Agriculture and Markets Law, in relation

         4       to creating an advisory council.

         5                      ACTING PRESIDENT FARLEY:  Read

         6       the last section.

         7                      THE SECRETARY:  Section 2.  This

         8       act shall take effect immediately.

         9                      ACTING PRESIDENT FARLEY:  Call

        10       the roll.

        11                      (The Secretary called the roll. )

        12                      THE SECRETARY:  Ayes 52, nays 1,

        13       Senator Libous recorded in the negative.

        14                      ACTING PRESIDENT FARLEY:  The

        15       bill is passed.

        16                      THE SECRETARY:  Calendar Number

        17       878, by Senator Kuhl, Senate Bill Number 4654,

        18       Agriculture and Markets Law, in relation to

        19       agricultural assessments.

        20                      ACTING PRESIDENT FARLEY:  Read

        21       the last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.











                                                             
3920

         1                      ACTING PRESIDENT FARLEY:  Call

         2       the roll.

         3                      (The Secretary called the roll. )

         4                      THE SECRETARY:  Ayes 53.

         5                      ACTING PRESIDENT FARLEY:  The

         6       bill is passed.

         7                      THE SECRETARY:  Calendar Number

         8       879, by Senator Cook, Senate Bill Number 4753,

         9       Agriculture and Markets Law, in relation to

        10       examination of horses.

        11                      ACTING PRESIDENT FARLEY:  Read

        12       the last section.

        13                      THE SECRETARY:  Section 2.  This

        14       act shall take effect immediately.

        15                      ACTING PRESIDENT FARLEY:  Call

        16       the roll.

        17                      (The Secretary called the roll. )

        18                      THE SECRETARY:  Ayes 53.

        19                      ACTING PRESIDENT FARLEY:  That

        20       bill is passed.

        21                      THE SECRETARY:  Calendar Number

        22       882, by Senator Kuhl, Senate Bill Number 5223,

        23       Agriculture and Markets Law.











                                                             
3921

         1                      ACTING PRESIDENT FARLEY:  Read

         2       the last section.

         3                      THE SECRETARY:  Section 2.  This

         4       act shall take effect immediately.

         5                      ACTING PRESIDENT FARLEY:  Call

         6       the roll.

         7                      (The Secretary called the roll. )

         8                      THE SECRETARY:  Ayes 53.

         9                      ACTING PRESIDENT FARLEY:  The

        10       bill is passed.

        11                      THE SECRETARY:  Calendar Number

        12       891, by Senator Levy, Senate Bill Number 1114,

        13       an act to amend the Vehicle and Traffic Law, in

        14       relation to suspension pending prosecution.

        15                      ACTING PRESIDENT FARLEY:  Read

        16       the last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT FARLEY:  Call

        20       the roll.

        21                      (The Secretary called the roll. )

        22                      SENATOR DeFRANCISCO:  Can I

        23       explain my vote?











                                                             
3922

         1                      ACTING PRESIDENT FARLEY:  Senator

         2       DeFrancisco, to explain his vote.

         3                      SENATOR DeFRANCISCO:  The way I

         4       read this bill, and I hope I'm correct in

         5       reading it, it talks about a suspension pending

         6       prosecution for a first offense on a DWI.  I

         7       really believe that if someone is being charged

         8       with a crime, that's a charge; and I would hope

         9       that we would recognize that.  This isn't that

        10       I'm against DWI legislation; but on the other

        11       hand, if someone is merely charged with an

        12       offense, suspending the license at the time of

        13       the arraignment is a little bit stiff before you

        14       even know whether or not there's any validity to

        15       any charges.

        16                      I can see this type of thing when

        17       we are into a second and a third and a fourth

        18       offense; but on the first offense, I think it's

        19       a bit of an overkill.  So I'm going to vote no

        20       for that reason.

        21                      ACTING PRESIDENT FARLEY:

        22       Negatives raise their hands, please.

        23                      THE SECRETARY:  Those recorded in











                                                             
3923

         1       the negative on Calendar Number 891 are Senators

         2       Daly, DeFrancisco, Farley, Holland, Kuhl, Sears,

         3       and Sheffer, also Senator Wright.  Ayes 45, nays

         4       8.  Also Senator Saland recorded in the

         5       negative.

         6                      ACTING PRESIDENT FARLEY:  Senator

         7       Hoffmann.

         8                      SENATOR HOFFMANN:  Mr. President,

         9       I believe I was a little late getting my hand up

        10       a while ago.  Could I please be recorded in the

        11       negative on Calendar 860.

        12                      ACTING PRESIDENT FARLEY:  860,

        13       Senator Hoffmann is in the negative.

        14                      SENATOR HOFFMANN:  Thank you, Mr.

        15       President.

        16                      THE SECRETARY:  Calendar 895, by

        17       Senator Skelos, Senate Bill Number 4183A, an act

        18       to amend the Public Health Law, in relation to

        19       the sale of rolling papers or pipes to minors.

        20                      ACTING PRESIDENT FARLEY:  Read

        21       the last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.











                                                             
3924

         1                      ACTING PRESIDENT FARLEY:  Call

         2       the roll.

         3                      (The Secretary called the roll. )

         4                      THE SECRETARY:  Ayes 53.

         5                      ACTING PRESIDENT FARLEY:  The

         6       bill is passed.

         7                      THE SECRETARY:  Calendar Number

         8       896, by Senator Libous, Senate Bill Number 4548,

         9       an act to amend the Mental Hygiene Law, in

        10       relation to the provision of services.

        11                      ACTING PRESIDENT FARLEY:  Read

        12       the last section.

        13                      THE SECRETARY:  Section 2.  This

        14       act shall take effect immediately.

        15                      ACTING PRESIDENT FARLEY:  Call

        16       the roll.

        17                      (The Secretary called the roll. )

        18                      THE SECRETARY:  Ayes 53.

        19                      ACTING PRESIDENT FARLEY:  The

        20       bill is passed.

        21                      THE SECRETARY:  Calendar Number

        22       897, by Senator Libous, Senate Bill Number 4636,

        23       an act to amend the Vehicle and Traffic Law and











                                                             
3925

         1       the Correction Law.

         2                      ACTING PRESIDENT FARLEY:  Read

         3       the last section.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect immediately.

         6                      ACTING PRESIDENT FARLEY:  Call

         7       the roll.

         8                      (The Secretary called the roll. )

         9                      THE SECRETARY:  Ayes 53.

        10                      ACTING PRESIDENT FARLEY:  The

        11       bill is passed.

        12                      THE SECRETARY:  Calendar Number

        13       898, by Senator Levy, Senate Bill Number 5551,

        14       an act to amend the Vehicle and Traffic Law, in

        15       relation to making it a felony to operate a

        16       school bus while under the influence of alcohol

        17       or drugs.

        18                      ACTING PRESIDENT FARLEY:  Read

        19       the last section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      ACTING PRESIDENT FARLEY:  Call

        23       the roll.











                                                             
3926

         1                      (The Secretary called the roll. )

         2                      THE SECRETARY:  Ayes 53.

         3                      ACTING PRESIDENT FARLEY:  The

         4       bill is passed.

         5                      THE SECRETARY:  Calendar Number

         6       899, by Senator Nozzolio, Senate Bill Number

         7       1976, an act to amend the Navigation Law.

         8                      ACTING PRESIDENT FARLEY:  There

         9       is a home rule message here at the desk.

        10                      Read the last section.

        11                      THE SECRETARY:  Section 2.  This

        12       act shall take effect immediately.

        13                      ACTING PRESIDENT FARLEY:  Call

        14       the roll.

        15                      (The Secretary called the roll. )

        16                      THE SECRETARY:  Ayes 53.

        17                      ACTING PRESIDENT FARLEY:  The

        18       bill is passed.

        19                      THE SECRETARY:  Calendar Number

        20       900, by Senator Marchi.

        21                      SENATOR PADAVAN:  Lay it aside.

        22                      ACTING PRESIDENT FARLEY:  Lay it

        23       aside.  For the day, Senator Padavan?











                                                             
3927

         1                      SENATOR GOLD:  For today.

         2                      SENATOR MARCHI:  For today.

         3                      ACTING PRESIDENT FARLEY:  Yes.

         4                      THE SECRETARY:  Calendar Number

         5       901, by Senator Sheffer, Senate Bill Number

         6       4527, an act to amend the Navigation Law, in

         7       relation to vessel speed.

         8                      ACTING PRESIDENT FARLEY:  Read

         9       the last section.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      ACTING PRESIDENT FARLEY:  Call

        13       the roll.

        14                      (The Secretary called the roll. )

        15                      THE SECRETARY:  Ayes 53.

        16                      ACTING PRESIDENT FARLEY:  The

        17       bill is passed.

        18                      THE SECRETARY:  Calendar Number

        19       902, by Senator Tully, Senate Bill Number 49,

        20       Education Law, in relation to the profession of

        21       athletic training.

        22                      ACTING PRESIDENT FARLEY:  Read

        23       the last section.











                                                             
3928

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT FARLEY:  Call

         4       the roll.

         5                      (The Secretary called the roll. )

         6                      THE SECRETARY:  Ayes 53.

         7                      ACTING PRESIDENT FARLEY:  The

         8       bill is passed.

         9                      THE SECRETARY:  Calendar Number

        10       903, by Senator Tully, Senate Bill Number 1735,

        11       an act to amend the Education Law, in relation

        12       to authorizing physical therapists and

        13       occupational therapists to accept referrals.

        14                      ACTING PRESIDENT FARLEY:  Read

        15       the last section.

        16                      THE SECRETARY:  Section 2.  This

        17       act shall take effect immediately.

        18                      ACTING PRESIDENT FARLEY:  Call

        19       the roll.

        20                      (The Secretary called the roll. )

        21                      THE SECRETARY:  Ayes 53.

        22                      ACTING PRESIDENT FARLEY:  The

        23       bill is passed.











                                                             
3929

         1                      THE SECRETARY:  Calendar Number

         2       904, by Senator Sheffer, Senate Bill Number

         3       1818, an act to amend the Education Law, in

         4       relation to mandatory continuing education for

         5       pharmacy.

         6                      ACTING PRESIDENT FARLEY:  Senator

         7       Sheffer.  To explain his vote?

         8                      SENATOR SHEFFER:  Mr. President.

         9       Could we lay that aside for the day, please.

        10                      ACTING PRESIDENT FARLEY:  Yes.

        11       Lay the bill aside.

        12                      THE SECRETARY:  Calendar Number

        13       905, by Senator Holland, Senate Bill Number

        14       3538, Education Law, in relation to submission

        15       of audits.

        16                      ACTING PRESIDENT FARLEY:  Read

        17       the last section.

        18                      THE SECRETARY:  Section 2.  This

        19       act shall take effect immediately.

        20                      ACTING PRESIDENT FARLEY:  Call

        21       the roll.

        22                      (The Secretary called the roll. )

        23                      THE SECRETARY:  Ayes 53.











                                                             
3930

         1                      ACTING PRESIDENT FARLEY:  The

         2       bill is passed.

         3                      THE SECRETARY:  Calendar Number

         4       906, by Senator Farley, Senate Bill Number 4690,

         5       Education Law, in relation to residence with

         6       parent for determining tuition assistance award.

         7                      ACTING PRESIDENT FARLEY:  Read

         8       the last section.

         9                      THE SECRETARY:  Section 2.  This

        10       act shall take effect immediately.

        11                      ACTING PRESIDENT FARLEY:  Call

        12       the roll.

        13                      (The Secretary called the roll. )

        14                      THE SECRETARY:  Ayes 53.

        15                      ACTING PRESIDENT FARLEY:  The

        16       bill is passed.

        17                      THE SECRETARY:  Calendar Number

        18       908, by Senator Velella.

        19                      SENATOR PADAVAN:  Lay it aside

        20       for the day.

        21                      ACTING PRESIDENT FARLEY:  Lay it

        22       aside for the day.

        23                      THE SECRETARY:  Calendar Number











                                                             
3931

         1       909, by Senator LaValle, Senate Bill Number

         2       5373, Education Law.

         3                      SENATOR GOLD:  Lay it aside.

         4                      ACTING PRESIDENT FARLEY:  Lay the

         5       bill aside.  Senator Padavan, they want a day on

         6       it.  What's your pleasure?

         7                      SENATOR PADAVAN:  With consent,

         8       yes.  Lay it aside for the day.

         9                      THE SECRETARY:  Calendar Number

        10       911, by Senator Libous, Senate Bill Number 5269,

        11       Education Law, in relation to providing for the

        12       certification of podiatrists.

        13                      ACTING PRESIDENT FARLEY:  Read

        14       the last section.

        15                      THE SECRETARY:  Section 2.  This

        16       act shall take effect immediately.

        17                      ACTING PRESIDENT FARLEY:  Call

        18       the roll.

        19                      (The Secretary called the roll. )

        20                      THE SECRETARY:  Ayes 53.

        21                      ACTING PRESIDENT FARLEY:  The

        22       bill is passed.

        23                      THE SECRETARY:  Calendar Number











                                                             
3932

         1       912, by the Senate Committee on Rules, Senate

         2       Bill Number 3940B, an act to amend the Tax Law.

         3                      SENATOR LEICHTER:  Lay it aside.

         4                      ACTING PRESIDENT FARLEY:  Lay it

         5       aside.

         6                      THE SECRETARY:  Calendar Number

         7       913, substituted earlier today, by the Assembly

         8       Committee on Rules, Assembly Bill Number 7608,

         9       an act to amend the Tax Law, in relation to

        10       extending the hotel and motel in Otsego County.

        11                      ACTING PRESIDENT FARLEY:  Read

        12       the last section.

        13                      THE SECRETARY:  Section 2.  This

        14       act shall take effect immediately.

        15                      ACTING PRESIDENT FARLEY:  Call

        16       the roll.

        17                      (The Secretary called the roll. )

        18                      THE SECRETARY:  Ayes 53.

        19                      ACTING PRESIDENT FARLEY:  The

        20       bill is passed.

        21                      THE SECRETARY:  Calendar Number

        22       914, by Senator Skelos, Senate Bill Number 5690,

        23       amends a chapter of the laws of 1993.











                                                             
3933

         1                      ACTING PRESIDENT FARLEY:  Read

         2       the last section.

         3                      THE SECRETARY:  Section 2.  This

         4       act shall take effect immediately.

         5                      ACTING PRESIDENT FARLEY:  Call

         6       the roll.

         7                      (The Secretary called the roll. )

         8                      THE SECRETARY:  Ayes 53.

         9                      ACTING PRESIDENT FARLEY:  The

        10       bill is passed.

        11                      Senator Padavan, that's the first

        12       time through.

        13                      SENATOR PADAVAN:  All right.

        14       Controversial, Mr. President.

        15                      ACTING PRESIDENT FARLEY:

        16       Controversial.

        17                      THE SECRETARY:  On page 20,

        18       Calendar Number 706, by Senator Spano, Senate

        19       Bill Number 4276, an act to amend Chapter 677 of

        20       the Laws of 1977, amending the Civil Service

        21       Law.

        22                      ACTING PRESIDENT FARLEY:  Senator

        23       Connor.











                                                             
3934

         1                      SENATOR CONNOR:  Thank you, Mr.

         2       President.  I call up my amendment at the desk,

         3       waive its reading, and ask to explain it.

         4                      ACTING PRESIDENT FARLEY:  Senator

         5       Connor, to explain his amendment.

         6                      SENATOR CONNOR:  The principal

         7       bill here would extend the agency shop provision

         8       for public employees for two more years.  It's

         9       now been a sixteen-year experiment that's worked

        10       very well.  We've over the years debated whether

        11       or not to make it permanent.

        12                      The bill was originally enacted

        13       as an experiment.  I think it's now in its ninth

        14        -- the ninth attempt to renew it.  I think it's

        15       time to call off the charade of having an

        16       expiration date every two years.

        17                      Again, I think it's unseemly.  It

        18       forces the public employees and their

        19       organizations in New York State to come back to

        20       the Legislature hat in hand every two years and

        21       ask for something that is nothing more than

        22       simple justice; that people who get services

        23       from an employee organization pay their fair











                                                             
3935

         1       share of the costs.

         2                      This does not include forcing

         3       employees to pay for political or social

         4       activities of the employee organization but

         5       merely for the expenses of administration and

         6       representation in their employment situation

         7       from which they benefit.

         8                      Senator Spano, I think just

         9       brought out the wrong bill today.  He has

        10       another bill that would do precisely what this

        11       amendment does.  He filed both bills, and I

        12       would urge him to hold this bill, the principal

        13       bill, and bring out his bill.  Apparently that's

        14       not going to happen.  I know his heart is in the

        15       right place.  The bill he first filed to make it

        16       permanent was certainly the appropriate thing to

        17       do.

        18                      My amendment would make it

        19       permanent, and I urge its adoption because I

        20       think no one is fooled by this charade that it's

        21       an experiment any more.  It's nothing more than

        22       forcing these organizations and employees to be

        23       held hostage on a two-year basis to the











                                                             
3936

         1       Legislature, and I think it's time to end this

         2       system of hostage and ransom, and the fiction is

         3       that it's an experiment.

         4                      So I urge adoption of the

         5       amendment.

         6                      ACTING PRESIDENT FARLEY:  On the

         7       amendment.  All in favor, say aye.

         8                      (Response of "Aye.")

         9                      Those opposed, nay.

        10                      (Response of "Nay." )

        11                      The nays have it.  The amendment

        12       is not accepted.

        13                      Read the last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT FARLEY:  Call

        17       the roll.

        18                      (The Secretary called the roll. )

        19                      THE SECRETARY:  Those recorded in

        20       the negative on Calendar Number 1706 are

        21       Senators Cook, Hannon, Kuhl, Levy, Maltese,

        22       Marino, Padavan and Tully.  Ayes 45, nays 8.

        23                      ACTING PRESIDENT FARLEY:  The











                                                             
3937

         1       bill is passed.

         2                      THE SECRETARY:  Calendar Number

         3       778.

         4                      ACTING PRESIDENT FARLEY:  Hold it

         5       up just a minute.  Senate will stand at ease.

         6                      SENATOR GOLD:  Will the sponsor

         7       yield to a question?

         8                      SENATOR PADAVAN:  Mr. President.

         9                      ACTING PRESIDENT FARLEY:  Senator

        10       Padavan.

        11                      SENATOR PADAVAN:  Senator Gold

        12       asked if the sponsor would yield.

        13                      SENATOR GOLD:  Will Senator Lack

        14       yield to a question?

        15                      SENATOR LACK:  Absolutely.

        16                      ACTING PRESIDENT FARLEY:  Wait a

        17       second.  We haven't even read the bill yet.

        18       They said to stand at ease.

        19                      Go ahead.  The Secretary will

        20       read the bill.

        21                      THE SECRETARY:  Calendar Number

        22       778, by Senator Lack, Senate Bill Number 4549,

        23       amends Chapter 206 of the Laws of 1974, amending











                                                             
3938

         1       the Labor Law.

         2                      ACTING PRESIDENT FARLEY:  Senator

         3       Gold.

         4                      SENATOR GOLD:  Yes.  Will Senator

         5       Lack yield to a question?

         6                      SENATOR LACK:  Absolutely,

         7       Senator.

         8                      SENATOR GOLD:  Senator, this bill

         9       extends provisions dealing with energized high

        10       voltage lines and work on those lines, and it

        11       extends those safety provisions through July 1,

        12       1998.  I understand from a private conversation

        13       with you that this was passed originally in

        14       1974; and when I asked you why we're only doing

        15       it for five years, you said that's what we've

        16       been doing.

        17                      I mean aside from the fact that,

        18       quotes, "that's what we've been doing," if we're

        19       dealing with a safety factor in the work place

        20       and it's been in there for 25 years, why would

        21       we not permanentize it? Is there something that

        22       you know that I don't know that says in about a

        23       year or two or three, these safety rules are not











                                                             
3939

         1       going to be necessary?

         2                      SENATOR LACK:  Senator, this was

         3       as I told you originally done in Chapter 206 of

         4       the Laws of 1974, and it has been renewed every

         5       five years thereafter.  I have think the only

         6       reason why it's done on a five-year period is to

         7       allow or require a review in light of where

         8       technologically in terms of OSHA laws are every

         9       five years.

        10                      By doing it every five years, in

        11       effect, it forces the Legislature, which means

        12       the industry and the unions and everybody else

        13       that are involved, to look at this statute and

        14       make sure that the standard -- I mean this is a

        15       little unusual.  It's a work standard, in

        16       effect, that is incorporated in law as opposed

        17       to regulatory activity.  And it forces us every

        18       five years to look at this and make an

        19       appropriate decision to go ahead or to revise

        20       the statute in light of whatever technology has

        21       shown us has happened in the past years.  In

        22       this particular case nothing, and we are

        23       proceeding ahead.  If within the next five years











                                                             
3940

         1       there are changes, again, we look at it and make

         2       a decision.

         3                      SENATOR GOLD:  Will the Senator

         4       yield to a question?

         5                      SENATOR LACK:  Surely.

         6                      SENATOR GOLD:  Senator Lack, are

         7       you telling me that if in a year and a half from

         8       today as a result of, God forbid, some accidents

         9       or whatever, it is determined that these

        10       standards should be changed, we will now have to

        11       wait three and a half years for an industry

        12       review or a legislative review?

        13                      SENATOR LACK:  No, not at all,

        14       Senator.  If something obviously dramatically

        15       happened, we would immediately revise the

        16       statute.

        17                      But I wouldn't want anybody to

        18       forget that Section 207A of the Labor Law exists

        19       and is sitting there and it was forgotten and

        20       changed any legal requirements because

        21       technology changed and we never moved to change

        22       the statute.  By being forced to review it every

        23       five years, we know it's there and if changes











                                                             
3941

         1       are necessary, it happens then; and we don't

         2       perchance of just having forgotten that it was

         3       there involve somebody in a legal situation they

         4       didn't have to be because, granted, technology

         5       changed, the industry changed but we never

         6       changed the statute.

         7                      SENATOR GOLD:  Thank you.

         8                      Mr. President, on the bill.

         9                      (Whereupon, Senator Libous was in

        10       the chair. )

        11                      ACTING PRESIDENT LIBOUS:  Senator

        12       Gold, on the bill.

        13                      SENATOR GOLD:  Mr. President, I

        14       appreciate that Senator Lack is carrying the

        15       bill to extend the safety standards because it

        16       should be extended, and it certainly would be

        17       terrible if it lapsed.

        18                      But once you get past that point,

        19       there is absolutely no logic at all to anything

        20       Senator Lack said.  We have people in many, many

        21       industries who are constantly looking at their

        22       industries and constantly reviewing standards

        23       and changing standards; and they don't run to











                                                             
3942

         1       the Legislature every year or two or five.

         2                      I draw the analogy to this and

         3       the agency shop.  I think we really ought to

         4       stop it.  Some of these things ought to be in

         5       the statute permanently; and if they need some

         6       changes, we'll change them; but I don't think

         7       that the industry needs to hear from us every

         8       five years to remind them that there is a safety

         9       standard.

        10                      They are living with this

        11       business every single day of the week on the

        12       work job and they know the standards.  So to me

        13       it's just another what I think is a silly

        14       exercise of having these bills come up before

        15       us.

        16                      Whether or not there are lobbying

        17       groups involved is not even the issue, Senator

        18       Lack.  On some of the bills we do this to, there

        19       are; on some, there may not be.

        20                      But if these standards are proper

        21       in the industry, we ought to just make them the

        22       standard by law without a termination date.

        23                      SENATOR LACK:  Mr. President.











                                                             
3943

         1                      ACTING PRESIDENT LIBOUS:  Senator

         2       Lack.

         3                      SENATOR LACK:  Very briefly on

         4       the bill.

         5                      Senator Gold, I certainly

         6       understand you; but specifically in this type of

         7       standard in which you are talking "hot sticks"

         8       as it's referred to, it is one of the few such

         9       type labor standards that's actually in law as

        10       opposed to either an act of a regulatory body or

        11       an industry standard that is set.

        12                      That's the reason for the

        13       periodic review since it is a legal standard

        14       rather than a regulatory standard.

        15                      ACTING PRESIDENT LIBOUS:  Read

        16       the last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT LIBOUS:  Call

        20       the roll.

        21                      (The Secretary called the roll. )

        22                      THE SECRETARY:  Ayes 55.

        23                      ACTING PRESIDENT LIBOUS:  The











                                                             
3944

         1       bill is passed.

         2                      THE SECRETARY:  Calendar Number

         3       782, by Senator Lack, Senate Bill Number 4818.

         4                      SENATOR LACK:  Lay it aside.

         5                      ACTING PRESIDENT LIBOUS:  Lay

         6       that bill aside.

         7                      THE SECRETARY:  Calendar Number

         8       790, by Senator Saland, Senate Bill Number 4940.

         9                      SENATOR SALAND:  Mr. President,

        10       would you please star that bill.

        11                      ACTING PRESIDENT LIBOUS:  We will

        12       star that bill at the request of the sponsor.

        13                      SENATOR SALAND:  Thank you.

        14                      THE SECRETARY:  Calendar Number

        15       791, by Senator Saland.

        16                      SENATOR SALAND:  Could I have one

        17       day on that, please.

        18                      ACTING PRESIDENT LIBOUS:  Lay

        19       that bill aside for one day at the request of

        20       the sponsor.

        21                      THE SECRETARY:  Calendar Number

        22       801, by Senator Johnson, Senate Bill Number

        23       4775, Environmental Conservation Law.











                                                             
3945

         1                      ACTING PRESIDENT LIBOUS:  Read

         2       the last section.

         3                      SENATOR LEICHTER:  Can we have an

         4       explanation on that?

         5                      SENATOR PADAVAN:  Lay it aside.

         6                      ACTING PRESIDENT LIBOUS:  Lay

         7       that bill aside for one day.

         8                      THE SECRETARY:  Calendar Number

         9       816, by Senator Skelos, Senate Bill Number 1156,

        10       Executive Law and the Penal Law.

        11                      SENATOR GOLD:  Explanation.

        12                      ACTING PRESIDENT LIBOUS:  Senator

        13       Skelos.

        14                      SENATOR SKELOS:  Lay it aside.

        15                      ACTING PRESIDENT LIBOUS:  Lay

        16       that bill aside.

        17                      THE SECRETARY:  Calendar Number

        18       818, by Senator Johnson, Senate Bill Number

        19       1898, an act to amend the Executive Law, in

        20       relation to parole release.

        21                      SENATOR GOLD:  Explanation.

        22                      SENATOR PADAVAN:  Lay it aside.

        23                      ACTING PRESIDENT LIBOUS:  Lay











                                                             
3946

         1       that bill aside for the day.

         2                      THE SECRETARY:  Calendar Number

         3       823, by Senator Cook, Senate Bill Number 2410,

         4       proposing an amendment to the Constitution.

         5                      SENATOR GOLD:  Explanation.

         6                      SENATOR COOK:  Mr. President.

         7                      ACTING PRESIDENT LIBOUS:  Senator

         8       Cook.

         9                      SENATOR COOK:  This amendment

        10       would put into the Constitution a safeguard for

        11       localities and for local property taxpayers that

        12       I think is long overdue, and that would simply

        13       say that no mandate that was passed by the

        14       Legislature would have any impact until the

        15       funding was provided for it, simply by saying

        16       that no law can be passed and can be effective

        17       unless the money is appropriated by the

        18       Legislature to follow it.

        19                      SENATOR SOLOMON:  Mr. President.

        20                      ACTING PRESIDENT LIBOUS:  Senator

        21       Solomon.

        22                      SENATOR SOLOMON:  Yes.  Will

        23       Senator Cook yield, please?











                                                             
3947

         1                      SENATOR COOK:  Yes.

         2                      SENATOR SOLOMON:  Senator, this

         3       is the bill that requires us to place the fiscal

         4       impact on the front of the bill?

         5                      SENATOR COOK:  Yes, it does.

         6                      SENATOR SOLOMON:  Senator yield,

         7       please?

         8                      SENATOR COOK:  Yes.

         9                      ACTING PRESIDENT LIBOUS:  Senator

        10       Cook, will you yield?

        11                      SENATOR COOK:  Yes.

        12                      SENATOR SOLOMON:  Senator, under

        13       this bill, if we pass or attempt to pass a

        14       statewide law that has a fiscal impact that's

        15       different on every village and every

        16       municipality in the state, are we going to have

        17       to print the amount of that impact on every

        18       village and every municipality on the face of

        19       the bill?

        20                      SENATOR COOK:  Senator, I believe

        21       it would be sufficient to place on the bill the

        22       total fiscal impact on localities and to have in

        23       it an appropriation sufficient to cover that,











                                                             
3948

         1       but the bill would also have to contain language

         2       to designate the manner in which that money was

         3       to be distributed, because obviously if you

         4       didn't have the provision for the funding, then

         5       the law would have no effect.

         6                      So the fiscal note itself

         7       wouldn't necessarily have to list all that, but

         8       the body of the bill would have to contain the

         9       reimbursement mechanism by which each locality

        10       would be paid.

        11                      SENATOR SOLOMON:  So that would

        12       have to be contained within the bill, not on the

        13       face of the bill?

        14                      SENATOR COOK:  Right.

        15                      SENATOR SOLOMON:  Wouldn't that

        16       be -- Senator yield, please?

        17                      ACTING PRESIDENT LIBOUS:  Senator

        18       Solomon.

        19                      SENATOR SOLOMON:  Senator,

        20       wouldn't that be burdensome in terms of doing a

        21       breakdown on statewide programs?

        22                      SENATOR COOK:  Mr. President, I

        23       suspect it would be sufficient to appropriate an











                                                             
3949

         1       amount of money and to indicate that this money

         2       would be distributed to reimburse localities

         3       for whatever costs were incurred in the

         4       administration of the program so that we

         5       wouldn't necessarily have to list every single

         6       municipality; but if you had an honest fiscal

         7       note (a), and (b) since the mandate would be of

         8       no impact unless the money were provided for

         9       them, that would be the protection that the

        10       municipality would have, providing that language

        11       was in the bill that that was the intent of the

        12       appropriation.

        13                      SENATOR SOLOMON:  Thank you.

        14                      SENATOR LEICHTER:  Mr. President.

        15                      ACTING PRESIDENT LIBOUS:  Senator

        16       Leichter.

        17                      SENATOR LEICHTER:  Mr. President

        18       and my colleagues.  This really is a totally

        19       unworkable requirement, and one that I think

        20       would make government very difficult to manage

        21       if not almost stymie government from operating

        22       in a reasonable manner.

        23                      I think we all agree with Senator











                                                             
3950

         1       Cook that, to the extent possible, we certainly

         2       should avoid mandates of local government; and

         3       when we impose mandates, we ought to provide the

         4       money, and we probably haven't done enough of

         5       that.

         6                      But to say that the bill that

         7       imposes a mandate or, as this particular

         8       resolution is worded, that has a direct or

         9       indirect fiscal burden -- whatever an indirect

        10       fiscal burden is -- and that very well has to

        11       provide the appropriation is really unworkable,

        12       because we provide monies to localities in the

        13       budget in lump sum appropriations, in grants and

        14       so on, that cover a lot of different burdens

        15       that may be imposed on localities.

        16                      But to try to do it in each bill,

        17       and frankly, there's very few bills we pass -

        18       I'd say maybe 50 percent of the bills we pass

        19       have some fiscal burden on localities directly

        20       or indirectly.  Again, I don't know how you

        21       define indirectly.

        22                      So all of these bills are now

        23       going to have to provide an appropriation which











                                                             
3951

         1       you can't even figure out.  How are you going to

         2       be able to quantify that burden, particularly

         3       the indirect burden?

         4                      I think what you do try to

         5       achieve and what hopefully you're doing is, in

         6       the budget, providing sufficient monies for

         7       localities.  I don't think we are, but that's

         8       what we aim to do, and you do it in terms of the

         9       budget.  You can't do it in each one of these

        10       bills.  It's totally unworkable.

        11                      It would be, I think, a

        12       Constitutional Amendment that, frankly, would

        13       make us look foolish if it ever got to the

        14       voters.

        15                      SENATOR COOK:  Mr. President.

        16                      ACTING PRESIDENT LIBOUS:  Senator

        17       Cook.

        18                      SENATOR COOK:  I think that

        19       perhaps inadvertently Senator Leichter has

        20       described precisely the dilemma because, indeed,

        21       probably half of the bills that we pass do

        22       indeed impose some kind of a cost, direct or

        23       indirect, upon local governments.











                                                             
3952

         1                      And the problem is that we are

         2       insensitive to that.  We pass the bill for some

         3       good, intended purpose; and it goes out there,

         4       and we let somebody else worry about how they're

         5       going to pick up the cost for it.

         6                      And all this Constitutional

         7       Amendment would do would put the focus back here

         8       in Albany where it belongs, and say, "Folks, if

         9       you are going to decide that there's some good

        10       purpose that ought to be accomplished in this

        11       state, then you folks decide where the money is

        12       going to come to pay for it.  Don't send us down

        13       some law that says we've got to do something and

        14       make us figure out where the money is going to

        15       come from."

        16                      ACTING PRESIDENT LIBOUS:  The

        17       Secretary will call the roll on the resolution.

        18                      (The Secretary called the roll on

        19       the resolution. )

        20                      THE SECRETARY:  Ayes 54, nays 2,

        21       Senators Espada and Leichter recorded in the

        22       negative.

        23                      ACTING PRESIDENT LIBOUS:  The











                                                             
3953

         1       resolution is adopted.

         2                      THE SECRETARY:  Calendar Number

         3       833, by Senator Holland, Senate Bill Number

         4       3656, an act to amend the Social Services Law.

         5                      ACTING PRESIDENT LIBOUS:  Read

         6       the last section.

         7                      THE SECRETARY:  Section 2.  This

         8       act shall take effect immediately.

         9                      ACTING PRESIDENT LIBOUS:  Call

        10       the roll.

        11                      (The Secretary called the roll. )

        12                      SENATOR GALIBER:  Mr. President.

        13                      ACTING PRESIDENT LIBOUS:  Senator

        14       Galiber.

        15                      SENATOR GALIBER:  Whatever the

        16       procedure, I would like an explanation.

        17       Withdraw partial roll call, or how can I get an

        18       explanation? Legitimately, of course.

        19                      SENATOR PADAVAN:  Withdraw the

        20       roll call.

        21                      ACTING PRESIDENT LIBOUS:

        22       Withdraw the roll call.

        23                      SENATOR HOLLAND:  Mr. President.











                                                             
3954

         1                      ACTING PRESIDENT LIBOUS:  Senator

         2       Holland.

         3                      SENATOR HOLLAND:  This bill will

         4       define and regulate the transportation of

         5       medical assistance recipients by ambulet.  It

         6       will require all ambulet companies to obtain a

         7       permit from the Department of Social Services.

         8       It gives Social Services the authority to

         9       suspend only the claims that are deemed

        10       fraudulent.  Right now, they can stop all monies

        11       that are due to a company, and it provides an

        12       orderly structure for enforcement.

        13                      It is supported by the ambulet

        14       industry, and there is no known opposition.

        15                      SENATOR GALIBER:  Just one

        16       question.

        17                      ACTING PRESIDENT LIBOUS:  Senator

        18       Galiber.

        19                      SENATOR GALIBER:  Yes, thank you,

        20       Mr. President.  At the present time if there is

        21       a dispute over a $10 item -- I'll make it sound

        22       horrible.

        23                      SENATOR HOLLAND:  With an ambulet











                                                             
3955

         1       company?

         2                      SENATOR GALIBER:  Ten dollar -

         3       yes, a $10 item, they can hold up any payment,

         4       and the holding up of the payment, does that

         5       automatically stop the service?

         6                      SENATOR HOLLAND:  It doesn't stop

         7       the service unless the company goes out of

         8       business.  I mean depending upon how long it

         9       takes to get them their money.  The business can

        10       continue, but it holds up all the money.

        11                      SENATOR GALIBER:  Will they

        12       continue? Do they continue? If they have a

        13       contract, I know but if they -

        14                      SENATOR HOLLAND:  I believe they

        15       continue until they can't do it financially any

        16       more, Senator, yes.

        17                      SENATOR GALIBER:  Okay, fine.

        18       Thank you, Senator.

        19                      ACTING PRESIDENT LIBOUS:  Read

        20       the last section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT LIBOUS:  Call











                                                             
3956

         1       the roll.

         2                      (The Secretary called the roll. )

         3                      ACTING PRESIDENT LIBOUS:  Senator

         4       Espada?

         5                      SENATOR ESPADA:  Yes, I would

         6       like permission to abstain on this vote, Mr.

         7       President.

         8                      ACTING PRESIDENT LIBOUS:  Without

         9       objection.

        10                      SENATOR PADAVAN:  No objection.

        11                      THE SECRETARY:  Ayes 55.

        12                      ACTING PRESIDENT LIBOUS:  The

        13       bill is passed.

        14                      THE SECRETARY:  Calendar Number

        15       844, by Senator Larkin, Senate Bill Number 4354,

        16       Education Law, in relation to expanding student

        17       aid programs for Vietnam veterans.

        18                      SENATOR STACHOWSKI:  Explanation.

        19                      ACTING PRESIDENT LIBOUS:

        20       Explanation requested.  Senator Larkin.

        21                      SENATOR LARKIN:  Mr. President.

        22       The purpose of this bill is to make home study

        23       courses certified by the Veterans Administration











                                                             
3957

         1       available under the V.A. Tuition Awards

         2       Program.  Each year, we allocate approximately

         3       $3 million for veterans tuition awards.

         4       Approximately one-third of that amount has been

         5       used over the last three to four years.  The

         6       problem is that a lot of veterans cannot take

         7       the full time off, and as these courses are

         8       certified by the Veterans Administration.  It

         9       enables them to progress; and in this time of

        10       tough business in the economy, it allows them to

        11       get an education in order to assist them in

        12       obtaining a job.

        13                      ACTING PRESIDENT LIBOUS:  Read

        14       the last section.

        15                      THE SECRETARY:  Section 2.  This

        16       act shall take effect immediately.

        17                      ACTING PRESIDENT LIBOUS:  Call

        18       the roll.

        19                      (The Secretary called the roll. )

        20                      THE SECRETARY:  Ayes 56.

        21                      ACTING PRESIDENT LIBOUS:  The

        22       bill is passed.

        23                      THE SECRETARY:  Calendar Number











                                                             
3958

         1       876, by Senator Kuhl, Senate Bill Number 3413,

         2       Agriculture and Markets Law and Economic

         3       Development Law.

         4                      ACTING PRESIDENT LIBOUS:  Senator

         5       Kuhl, an explanation is requested.

         6                      SENATOR KUHL:  Yes, Mr.

         7       President.  This is a bill that essentially

         8       would establish an agriculture center for

         9       development in the Department of Agriculture and

        10       Markets and also establish what's called an

        11       agricultural development program within the

        12       Department of Economic Development.

        13                      ACTING PRESIDENT LIBOUS:  Senator

        14       Leichter.

        15                      SENATOR LEICHTER:  Yes, if

        16       Senator Kuhl would just yield, please.

        17                      ACTING PRESIDENT LIBOUS:  Senator

        18       Leichter, did you have a question?

        19                      SENATOR LEICHTER:  I did if I can

        20       just find the bill.  Senator, let me ask you

        21       this question.  What bothered me about the bill,

        22       as I took a look at the memo and the fiscal

        23       impact, and you stated, "Well, there was no











                                                             
3959

         1       fiscal impact because no appropriation was being

         2       requested for 1993-1994; it will be negotiated

         3       in the ensuing fiscal year." But clearly, there

         4       is going to be some fiscal impact, and we ought

         5       to know at this time, because it seems to me

         6       it's sort of like the camel putting its nose in

         7       the tent.  You pass this, and then there will be

         8       an obligation to fund it.

         9                      Maybe we should fund it.  Sounds

        10       like a good idea, but we ought to know how much

        11       it's going to cost eventually.

        12                      SENATOR KUHL:  Well, Senator, I

        13       can't tell you how much the program is going to

        14       cost until we really define the program, and we

        15       do that generally by appropriation.  Every year,

        16       as you know, the Governor presents a budget to

        17       us, and he tells us what he would like us to

        18       spend in various areas.  We often agree with him

        19       and many times we disagree with him.

        20                      And there are many programs,

        21       particularly in the agricultural arena that the

        22       Governor doesn't choose to fund that the

        23       Legislature chooses to supplement the budget by











                                                             
3960

         1       restoring funding to programs that existed or by

         2       creating new programs, and so this is one of

         3       those programs.

         4                      What we have seen in the course

         5       of the past century has been that we have had

         6       food processors, major processors in this state,

         7       who have left the state of New York.  They have

         8       not seen any financial incentives for the

         9       encouragement of the development of their

        10       businesses, as opposed to, say, manufacturing

        11       businesses, the economic development zones and

        12       creations of that nature.  That has not been in

        13       existence in the agricultural arena.  As a

        14       result of that, our farmers find themselves in a

        15       place where they have a product but that they

        16       have no place to process it.

        17                      What we're trying to do here is

        18       establish essentially a center that will look to

        19       coordinating all those efforts and then

        20       establish a financial stream that will provide

        21       some funding much like exists through the

        22       Department of Economic Development today for

        23       other industry.











                                                             
3961

         1                      So I can't tell you how much it's

         2       going to cost.  It could cost a million dollars

         3       if we chose to appropriate that money to

         4       substantiate programs for construction of

         5       facilities, location of facilities, job training

         6       programs for processors, that sort of thing; but

         7       it's just not possible to define it to the penny

         8       to tell you what it's going to cost, because we

         9       have to delineate the parameters of that whole

        10       program in a budgetary cycle, and we haven't

        11       done that yet.

        12                      SENATOR LEICHTER:  Mr.

        13       President.  Senator Kuhl, with all due respect,

        14       that is precisely the intent of having a fiscal

        15       note, is to have the sponsor say this is what I

        16       think it's going to cost.  I don't think anybody

        17       is asking for the penny.  I don't think we have

        18       ever applied a rigid or strict standard when we

        19       look at the fiscal note.  They usually round it

        20       off.  We usually have a few zeroes at the end.

        21                      And the whole idea, of course, is

        22       for us to take a look now and see what is this

        23       going to cost because we're going to have to











                                                             
3962

         1       fund it in the next fiscal year.  And I ask you

         2       as the sponsor what is your idea? What is the

         3       amount of funding that you think this is going

         4       to take?

         5                      SENATOR KUHL:  It's going to take

         6       whatever we decide will be necessary, Senator.

         7       I would love to see the Governor put in $10

         8       million as an incubator kind of program next

         9       year.  I don't think that that's feasible given

        10       the circumstances in this state.  I think it's

        11       probably more likely to be something like

        12       $100,000 to start off, to get things going.  But

        13       at this point until -- what I'm trying to do is

        14       to set up the vehicle by which we can administer

        15       a program to be funded at a later date.

        16                      SENATOR LEICHTER:  Mr.

        17       President.  If Senator Kuhl (pronounced Cue-al)

        18       will yield again for a question?

        19                      ACTING PRESIDENT LIBOUS:  Senator

        20       Kuhl, will you continue to yield?

        21                      SENATOR KUHL:  I will continue to

        22       yield to Senator Leichter (pronounced Lick-ter),

        23       yes.











                                                             
3963

         1                      SENATOR LEICHTER:  My good

         2       friend, Senator Kuhl (Cool).  I apologize for

         3       mispronouncing your name.

         4                      SENATOR KUHL:  I will continue to

         5       yield to Senator Leichter (pronounced

         6       correctly).

         7                      (Laughter)

         8                      SENATOR LEICHTER:  I

         9       mispronounced your name.

        10                      ACTING PRESIDENT LIBOUS:  Excuse

        11       me, Senator Leichter.

        12                      Could we just have a bit of order

        13       in the chamber.  I know that some of us are

        14       having a difficult time hearing you, and I'm

        15       sure that Senator Kuhl would like to hear your

        16       questions.  So thank you very much.

        17                      Senator Leichter.

        18                      SENATOR LEICHTER:  Senator, I

        19       assume that you are going to make a proposal to

        20       the Governor, maybe through your Conference, of

        21       how much this program should be funded in the

        22       next fiscal cycle.

        23                      SENATOR KUHL:  Yes, Senator.











                                                             
3964

         1                      SENATOR LEICHTER:  Could you let

         2       us know how much that is.  I've never known you

         3       or the members of the Majority, when your

         4       programs are involved, to defer to the Governor

         5       and "Well, I'll -- whatever the Governor says is

         6       fine with me; I hope he'll be kind and generous

         7       to me." I'm sure you are going to have a

         8       suggestion.  Could we know what that idea and

         9       suggestion is to fund this program?

        10                      SENATOR KUHL:  We don't have any

        11       definitive number at this point, Senator.

        12       Senator, in fairness to your question and try to

        13       answer it for you as fully as I can, I would

        14       expect that what we will have to do once we

        15       establish the parameters of what we would like

        16       to do would be that we would have to go to the

        17       Commissioner of Agriculture and Markets -

        18       obviously, he is going to be developing and

        19       running this center -- and ask him to look at

        20       the overall scope of what exists out there and

        21       tell us how many people he needs to administer

        22       this program that we perceive is necessary.  And

        23       then, given what the climate is out there and











                                                             
3965

         1       the contacts that they've had with potential

         2       people for locating food processing plants here,

         3       what would be necessary financially is to give

         4       the kind of financial incentives to these people

         5       for their location here.

         6                      That will allow us, then, to

         7       arrive at a number.  We know this is something

         8       that is necessary.  I could tell you right now

         9       that it will take 10 million. It might take $100

        10       million.  I could tell you it might take

        11       100,000.  It might not take 100,000.

        12                      I'm trying not to pinpoint a

        13       number because I don't know the number.  What I

        14       know is that there is a necessity for this

        15       program.  I cannot tell you the expansiveness of

        16       that necessity at this point.

        17                      SENATOR LEICHTER:  Mr. President.

        18                      ACTING PRESIDENT LIBOUS:  Senator

        19       Leichter.

        20                      SENATOR LEICHTER:  On the bill.

        21                      ACTING PRESIDENT LIBOUS:  On the

        22       bill.

        23                      SENATOR LEICHTER:  Just very











                                                             
3966

         1       briefly.  I mean I think what is involved here

         2       is the integrity of our procedures and what we

         3       mean when we say you have to have a fiscal

         4       impact statement.

         5                      Now, we just passed a

         6       Constitutional Amendment proposed by Senator

         7       Cook, and he wants us to specify and quantify in

         8       every instance what is going to be the cost of

         9       the programs that we have.

        10                      Now, my good friend, Senator Kuhl

        11       says, "Well, you know, we're going to see once

        12       we set it up.  I will go to the Commissioner.

        13       Let's see what the Commissioner says.  Let's see

        14       what the Governor says."

        15                      But the whole idea is when we

        16       establish a new program of this sort is that we

        17       ought to have some idea.  This may be an

        18       excellent program.  But maybe at 100 million,

        19       it's not a good program.  At $100,000, which you

        20       indicated at one point might be the cost in the

        21       first fiscal year that this program is going to

        22       be implemented, that may be a bargain.

        23                      But, really, we ought to know;











                                                             
3967

         1       and I think you have an obligation to tell us,

         2       because especially when we set up a program of

         3       this sort which then we're going to have to fund

         4       in the next fiscal year.  Because now this

         5       program is in effect, you go and you say, "Hey,

         6       we've established this program; you got to fund

         7       it."

         8                      We don't know what it's going to

         9       cost.  I think we're entitled to, really, at

        10       least an estimate, an honest idea of what you

        11       think is needed for that, and if our rules mean

        12       anything -- and I don't know whether they do,

        13       because we've seen other instances where,

        14       apparently, the rules are who they benefit and

        15       who they hurt.

        16                      But I think what's involved here

        17       is whether we're serious when we say we want to

        18       know what the fiscal impact is of the various

        19       measures that we vote on.  You could have given

        20       us a figure.  I think you are obligated to give

        21       us a figure; and until you do that, I'm going to

        22       vote against this.

        23                      ACTING PRESIDENT LIBOUS:  Read











                                                             
3968

         1       the last section.

         2                      THE SECRETARY:  Section 2.  This

         3       act shall take effect immediately.

         4                      ACTING PRESIDENT LIBOUS:  Call

         5       the roll.

         6                      (The Secretary called the roll. )

         7                      ACTING PRESIDENT LIBOUS:  Senator

         8       Hoffmann, to explain her vote.

         9                      SENATOR HOFFMANN:  Yes.  I am not

        10       a sponsor of this bill.  It's been developed

        11       under Senator Kuhl's direction, but I certainly

        12       share with Senator Kuhl the need, the desire to

        13       see us do much more than we have in this state

        14       to assist economic development that is

        15       agriculturally related.  I would just remind all

        16       of my colleagues that it is our number one

        17       industry.

        18                      And surely, in a state where we

        19       can find large budgetary appropriations on short

        20       notice for many, many other worthy areas, we

        21       have an obligation to start planning now and

        22       looking for the right resources to help economic

        23       development in the agricultural arena, as well.











                                                             
3969

         1                      So I'm very happy to vote in

         2       favor of this bill, Mr. President.

         3                      ACTING PRESIDENT LIBOUS:

         4       Results.

         5                      THE SECRETARY:  Ayes 55, nays 2,

         6       Senators Galiber and Leichter recorded in the

         7       negative.

         8                      ACTING PRESIDENT LIBOUS:  The

         9       bill is passed.

        10                      THE SECRETARY:  Calendar Number

        11       912, by the Senate Committee on Rules, Senate

        12       Bill Number 3940B, an act to amend the Tax Law,

        13       in relation to the imposition of sales and use

        14       taxes by the city of White Plains.

        15                      ACTING PRESIDENT LIBOUS:  Read

        16       the last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT LIBOUS:  Call

        20       the roll.

        21                      (The Secretary called the roll. )

        22                      THE SECRETARY:  Ayes 57.

        23                      ACTING PRESIDENT LIBOUS:  The











                                                             
3970

         1       bill is passed.

         2                      SENATOR MEGA:  Mr. President.

         3                      ACTING PRESIDENT LIBOUS:  Senator

         4       Mega.

         5                      SENATOR MEGA:  On behalf of

         6       Senator Levy, Mr. President, on page 18, I offer

         7       the following amendments to Calendar Number 677,

         8       Senate Print 69A, ask that said bill retain its

         9       place on Third Reading Calendar.

        10                      ACTING PRESIDENT LIBOUS:  Without

        11       objection.

        12                      SENATOR MEGA:  On behalf of

        13       Senator Levy, on page 42, Calendar Number 277,

        14       Print Number 195C, I offer the following

        15       amendments and ask that said bill retain its

        16       place on Third Reading Calendar.

        17                      ACTING PRESIDENT LIBOUS:  Without

        18       objection.

        19                      SENATOR MEGA:  Thank you.

        20                      SENATOR PADAVAN:  Any more

        21       housekeeping?

        22                      ACTING PRESIDENT LIBOUS:  Senator

        23       Padavan, that I believe concludes the











                                                             
3971

         1       controversial calendar for this afternoon.

         2                      SENATOR PADAVAN:  There being no

         3       further business, Mr. President, I move that we

         4       adjourn until Monday, May 24, 2:30 p.m.,

         5       intervening days being legislative days.

         6                      ACTING PRESIDENT LIBOUS:  The

         7       Senate stands adjourned.

         8                      (Whereupon, at 1:37 p.m., Senate

         9       adjourned. )

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23