Regular Session - June 21, 1994

                                                                 
5255

         1

         2

         3

         4

         5

         6

         7

         8                       ALBANY, NEW YORK

         9                        June 21, 1994

        10                         3:58 p.m.

        11

        12

        13                       REGULAR SESSION

        14

        15

        16

        17       SENATOR NICHOLAS A. SPANO, Acting President

        18       STEPHEN F. SLOAN, Secretary

        19

        20

        21

        22

        23











                                                             
5256

         1                      ... At 3:12 p.m....

         2                      SENATOR PRESENT:  There will be

         3       an immediate meeting of the Committee on Rules

         4       in Room 332.  Immediate meeting of the Committee

         5       on Rules in Room 332.

         6                      ...At 3:58 p.m....

         7                      ACTING PRESIDENT SPANO:  The

         8       Senate will come to order.

         9                      Will all please rise for the

        10       Pledge of Allegiance to the Flag.

        11                      (The assemblage repeated the

        12       Pledge of Allegiance to the Flag.)

        13                      Today we have the Rabbi Robert A.

        14       Rothman from the Community Synagogue of Rye for

        15       the invocation.  Rabbi?

        16                      RABBI ROBERT A. ROTHMAN:  Lord

        17       God, the great in wisdom, grant us, we of

        18       limited and finite minds, the ability to

        19       understand wherever Your children call upon You

        20       for strength, guidance and inspiration, Your

        21       spirit comes among them to bless them.  We

        22       beseech Your presence in our midst this day and

        23       throughout the life of each one of those











                                                             
5257

         1       gathered in this Senate chamber.  May the

         2       efforts they expend, the deeds they accomplish,

         3       the ideas they teach and reflect, help bring

         4       nigh unto You those who look to them for

         5       guidance and direction.  May the power of

         6       principle rather than the principle of power be

         7       the measure of their commitment.  Teach them

         8       neither to be afraid of espousing good causes

         9       nor cherishing good convictions.  Save them from

        10       that life's outlook which consists of slogans

        11       that numb the mind, starve the soul and stultify

        12       progress.  May we all come to learn that prayer

        13       without performance is perfidy; faith without

        14       function is fanaticism and religion without

        15       response is regression.  Guide and preserve, we

        16       pray, all those who zealously and wisely direct

        17       this faithful body and those who contribute to

        18       its strengths.  May they continue to strive for

        19       the beauty of studious reason for the

        20       satisfaction of a vibrant and viable society,

        21       for the enlargement of feelings true, and for

        22       the sweetness of adding joy to humanity's earth

        23       ly home by touching our dust with divinity.











                                                             
5258

         1       Blessed are You, O Lord, creator of life and of

         2       purpose and of hope and of meaning.  Amen.

         3                      ACTING PRESIDENT SPANO:  Reading

         4       of the Journal.

         5                      THE SECRETARY:  In Senate,

         6       Monday, June 20th.  The Senate met pursuant to

         7       adjournment, Senator Kuhl in the Chair upon

         8       designation of the Temporary President.  Prayer

         9       by Rabbi Lester Benjamin Bronstein of White

        10       Plains.  The Journal of Saturday, June 18th, was

        11       read and approved.  On motion, Senate

        12       adjourned.

        13                      ACTING PRESIDENT SPANO:  Hearing

        14       no objection, the Journal stands approved as

        15       read.

        16                      Messages from the Assembly.

        17                      Messages from the Governor.

        18                      Reports of standing committees.

        19       Secretary will read.

        20                      THE SECRETARY:  Senator Marino,

        21       from the Committee on Rules, reports the

        22       following bills directly for third reading:

        23                      Senate Bill Number 112-A, by











                                                             
5259

         1       Senator Santiago, city of New York to reconvey a

         2       certain parcel of real property;

         3                      623, by Senator Daly, an act to

         4       amend the Public Officers Law;

         5                      1127, by Senator Present, Public

         6       Lands Law;

         7                      1155, by Senator Skelos, an act

         8       to amend the Penal Law;

         9                      1902-A, by Senator Larkin, an act

        10       to amend the Agriculture and Markets Law;

        11                      2241-A, by Senator Paterson, city

        12       of New York to reconvey its interests in certain

        13       real property;

        14                      3790 -- excuse me, 3739-A, by

        15       Senator Skelos, Retirement and Social Security

        16       Law;

        17                      4186, by Senator Bruno -- 4186-A

        18       by Senator Bruno, Public Authorities Law;

        19                      5065-B, by Senator Skelos, Real

        20       Property Tax Law;

        21                      5387-A, by Senator Stafford, an

        22       act to amend the Education Law;

        23                      6109-B, by Senator Kuhl, an act











                                                             
5260

         1       to amend the General Business Law and the

         2       Executive Law;

         3                      6516-B, by Senator Skelos, an act

         4       to amend the Penal Law;

         5                      6740, by Senator Present, an act

         6       to amend the Real Property Tax Law;

         7                      7076-A, by Senator Stafford, an

         8       act to amend the Tax Law;

         9                      7130, by Senator Saland, payment

        10       of special district payment, the town of

        11       Poughkeepsie;

        12                      7395, by Senator Daly, Education

        13       Law;

        14                      7592-A, by Senator Rath, an act

        15       to amend the Executive Law;

        16                      7755-A, by Senator Kuhl,

        17       Agriculture and Markets Law;

        18                      7768, by Senator Kuhl, an act to

        19       amend the Judiciary Law;

        20                      7906, by Senator Padavan, an act

        21       to amend the Executive Law;

        22                      7907, by Senator Libous, an act

        23       to amend the Criminal Procedure Law;











                                                             
5261

         1                      7959-A, by Senator Johnson, an

         2       act to amend the Executive Law;

         3                      8009, by Senator Trunzo, town of

         4       Islip in the county of Suffolk to discontinue

         5       use of park lands;

         6                      8091, by Senator Holland, an act

         7       to amend the General Municipal Law;

         8                      8210, by Senator Farley, an act

         9       to amend the Banking Law;

        10                      8248-A, by Senator Larkin, Real

        11       Property Tax Law;

        12                      8268, by Senator DeFrancisco,

        13       Criminal Procedure Law;

        14                      8454, by Senator Babbush, state

        15       of New York to sell and convey to the city of

        16       New York certain public lands;

        17                      8581, by Senator Lack, Uniform

        18       Justice Court Act;

        19                      8593, by Senator Wright, amends

        20       Chapter 165 of the Laws of 1826;

        21                      8605, by Senator Rath, State

        22       Administrative Procedure Act;

        23                      5606-B, by Senator Tully and











                                                             
5262

         1       others, Public Health Law;

         2                      8642, by Senator Saland, an act

         3       to amend the Family Court Act.

         4                      All bills reported directly for

         5       third reading.

         6                      ACTING PRESIDENT SPANO:  Without

         7       objection, third reading.

         8                      Senator Velella.

         9                      SENATOR VELELLA:  Mr. President,

        10       if I may briefly interrupt the proceedings of

        11       the Senate this afternoon to introduce a

        12       colleague of ours from the state of New

        13       Hampshire, State Senator Leo Fraser, who is also

        14       the president of the National Conference of

        15       Insurance Legislators, which will be having

        16       their convention here in New York State in

        17       November of this year.  Senator Fraser is a

        18       distinguished member of the New Hampshire

        19       Legislature and, fortunately, is being treated

        20       to sit on the Republican side of the house today

        21       although in some kind of other life he sits on

        22       the Democratic side.  I'm sure he's getting a

        23       tremendous education in the good process of how











                                                             
5263

         1       good government works sitting with us

         2       Republicans today, Senator Gold.

         3                      ACTING PRESIDENT SPANO:  Senator

         4       Gold.

         5                      SENATOR GOLD:  No comment.

         6                      ACTING PRESIDENT SPANO:  Senator

         7       Fraser, it's our pleasure to welcome you to the

         8       chamber.  We hope you enjoy your visit to the

         9       state and to the Senate chamber today.  Thank

        10       you.

        11                      Senator -- motions and

        12       resolutions.

        13                      Senator Rath.

        14                      SENATOR RATH:  Mr. President, I

        15       wish to call up bill, my bill, Print Number 7999

        16       recalled from the Assembly which is now at the

        17       desk.

        18                      ACTING PRESIDENT SPANO:

        19       Secretary will read.

        20                      THE SECRETARY:  By Senator Rath,

        21       Senate Bill Number 7999, an act to amend the

        22       State Administrative Procedure Act.

        23                      SENATOR RATH:  Mr. President.











                                                             
5264

         1                      ACTING PRESIDENT SPANO:  Senator

         2       Rath.

         3                      SENATOR RATH:  I now move to

         4       reconsider the vote by which this bill was

         5       passed.

         6                      ACTING PRESIDENT SPANO:  Call the

         7       roll on reconsideration.

         8                      (The Secretary called the roll on

         9       reconsideration.

        10                      THE SECRETARY:  Ayes 43.

        11                      SENATOR RATH:  Mr. President, I

        12       now offer the following amendments.

        13                      ACTING PRESIDENT SPANO:  Without

        14       objection.

        15                      SENATOR RATH:  Mr. President.

        16                      ACTING PRESIDENT SPANO:  Senator

        17       Rath.

        18                      SENATOR RATH:  I wish to call up

        19       my bill 8002-A recalled from the Assembly which

        20       is now at the desk.

        21                      ACTING PRESIDENT SPANO:

        22       Secretary will read.

        23                      THE SECRETARY:  By Senator Rath,











                                                             
5265

         1       Senate Bill 8002-A, an act to amend the State

         2       Administrative Procedure Act.

         3                      ACTING PRESIDENT SPANO:  Senator

         4       Rath.

         5                      SENATOR RATH:  Mr. President, I

         6       now move to reconsider the vote by which this

         7       bill was passed.

         8                      ACTING PRESIDENT SPANO:  Call the

         9       roll on reconsideration.

        10                      (The Secretary called the roll on

        11       reconsideration.)

        12                      THE SECRETARY:  Ayes 43.

        13                      SENATOR RATH:  Mr. President, I

        14       now offer the following amendments.

        15                      ACTING PRESIDENT SPANO:  So

        16       ordered.

        17                      Senator Wright.

        18                      SENATOR WRIGHT:  Mr. President, I

        19       wish to call up my bill, Print Number 6861-B

        20       recalled from the Assembly which is now at the

        21       desk.

        22                      ACTING PRESIDENT SPANO:

        23       Secretary will read.











                                                             
5266

         1                      THE SECRETARY:  By Senator

         2       Wright, Senate Bill Number 6861-B, authorize the

         3       city of Ogdensburg to finance a projected

         4       accumulated deficit.

         5                      SENATOR WRIGHT:  Mr. President, I

         6       now move to reconsider the vote by which this

         7       bill was passed.

         8                      ACTING PRESIDENT SPANO:  Call the

         9       roll on reconsideration.

        10                      (The Secretary called the roll on

        11       reconsideration. )

        12                      THE SECRETARY:  Ayes 43.

        13                      ACTING PRESIDENT SPANO:  Bill is

        14       before the house.

        15                      SENATOR WRIGHT:  Mr. President, I

        16       now offer the following amendments.

        17                      ACTING PRESIDENT SPANO:  So

        18       ordered.

        19                      Senator Seward.

        20                      SENATOR SEWARD:  Yes, Mr.

        21       President.

        22                      On behalf of Senator Goodman,

        23       please place a sponsor's star on Calendar Number











                                                             
5267

         1       1240.

         2                      ACTING PRESIDENT SPANO:  Calendar

         3       Number 1240 is starred at the request of the

         4       sponsor.

         5                      SENATOR SEWARD:  And also, on

         6       behalf of Senator Libous, I wish to call up his

         7       Bill Number 7189 recalled from the Assembly

         8       which is now at the desk.

         9                      ACTING PRESIDENT SPANO: The

        10       Secretary will read.

        11                      THE SECRETARY:  By Senator

        12       Libous, Senate Bill Number 7189, an act to amend

        13       the Mental Hygiene Law.

        14                      SENATOR SEWARD:  Mr. President, I

        15       now move to reconsider the vote by which this

        16       bill was passed.

        17                      ACTING PRESIDENT SPANO:  Call the

        18       roll on reconsideration.

        19                      (The Secretary called the roll on

        20       reconsideration.

        21                      THE SECRETARY:  Ayes 43.

        22                      SENATOR SEWARD:  Mr. President, I

        23       now offer the following amendments.











                                                             
5268

         1                      ACTING PRESIDENT SPANO:  So

         2       ordered.

         3                      Senator Daly.

         4                      SENATOR DALY:  Mr. President, on

         5       page 24, I offer the following amendments to

         6       Calendar Number 993, Senate print 5407-D, and

         7       ask that said bill retain its place on the Third

         8       Reading Calendar.

         9                      ACTING PRESIDENT SPANO:  So

        10       ordered.

        11                      SENATOR DALY:  Mr. President, may

        12       I also remove the sponsor's star from Calendar

        13       Number -- two bills, Calendar Numbers 298 and

        14       708.

        15                      ACTING PRESIDENT SPANO:  298 and

        16       708, remove the star.

        17                      Excuse me, Senator Daly.  What

        18       were those two numbers again?

        19                      SENATOR DALY:  The two numbers

        20       were 289 and 708.

        21                      ACTING PRESIDENT SPANO:  289 and

        22       708.  Thank you.

        23                      Senator Holland.











                                                             
5269

         1                      SENATOR HOLLAND:  Please star my

         2       bill, Calendar Number 1226, Senate Print Number

         3       7073; Calendar 1226.

         4                      ACTING PRESIDENT SPANO:  1226.

         5                      SENATOR HOLLAND:  Star the bill.

         6                      ACTING PRESIDENT SPANO:  The bill

         7       is starred at the request of the sponsor.

         8                      ACTING PRESIDENT SPANO:  Senator

         9       Holland.

        10                      SENATOR HOLLAND:  On page 29, I

        11       offer the following amendments to my bill,

        12       Calendar Number 1210, Senate Print Number

        13       1012-F, and ask that said bill retain its place

        14       on the Third Reading Calendar.

        15                      ACTING PRESIDENT SPANO:  So

        16       ordered.

        17                      Senator DiCarlo.

        18                      SENATOR DiCARLO:  Mr. President,

        19       on page 28, I offer the following amendments to

        20       Calendar Number 1165, Senate Print 3463-A, and

        21       ask that said bill retain its place on Third

        22       Reading Calendar, for Senator Trunzo.

        23                      ACTING PRESIDENT SPANO:  So











                                                             
5270

         1       ordered.

         2                      SENATOR DiCARLO:  For Senator

         3       Levy, on page 13, I offer the following

         4       amendments to Calendar Number 663, Senate Print

         5       Number 325, and ask that said bill retain its

         6       place on Third Reading Calendar.

         7                      ACTING PRESIDENT SPANO:  So

         8       ordered.

         9                      SENATOR DiCARLO:  Mr. President,

        10       on page 41, I offer the following amendments to

        11       Calendar Number 846, Senate Print 3410-A, and

        12       ask that said bill retain its place on the Third

        13       Reading Calendar.

        14                      ACTING PRESIDENT SPANO:  So

        15       ordered.

        16                      SENATOR DiCARLO:  Mr. President,

        17       I wish to call up Senator Levy's bill, Print

        18       5551 recalled from the Assembly which is now at

        19       the desk.

        20                      ACTING PRESIDENT SPANO:

        21       Secretary will read.

        22                      THE SECRETARY:  By Senator Levy,

        23       Senate Bill Number 5551, an act to amend the











                                                             
5271

         1       Vehicle and Traffic Law.

         2                      SENATOR DiCARLO:  Mr. President,

         3       I now move to reconsider the vote by which this

         4       bill was passed.

         5                      ACTING PRESIDENT SPANO:  Call the

         6       roll on reconsideration.

         7                      (The Secretary called the roll on

         8       reconsideration. )

         9                      THE SECRETARY:  Ayes 43.

        10                      SENATOR DiCARLO:  Mr. President,

        11       I now offer the following amendments.

        12                      ACTING PRESIDENT SPANO:  Without

        13       objection.

        14                      SENATOR DiCARLO:  On behalf of

        15       Senator Levy, please place a sponsor's star on

        16       Calendar Number 607.

        17                      ACTING PRESIDENT SPANO:  607 is

        18       starred at the request of the sponsor.

        19                      SENATOR DiCARLO:  On behalf of

        20       Senator Libous, please place a sponsor's star on

        21       Calendar 1225.

        22                      ACTING PRESIDENT SPANO:  1225 is

        23       starred at the request of the sponsor.











                                                             
5272

         1                      SENATOR DiCARLO:  Mr. President,

         2       on behalf of Senator Stafford, I wish to call up

         3       his bill, Senate Print Number 6321-A recalled

         4       from the Assembly which is now at the desk.

         5                      ACTING PRESIDENT SPANO:

         6       Secretary will read.

         7                      THE SECRETARY:  By Senator

         8       Stafford, Bill Number 6321-A, in relation to the

         9       creation of the Westport Fire District.

        10                      SENATOR DiCARLO:  Mr. President,

        11       I now move to reconsider the vote by which this

        12       bill was passed.

        13                      ACTING PRESIDENT SPANO:  Call the

        14       roll on reconsideration.

        15                      (The Secretary called the roll on

        16       reconsideration. )

        17                      THE SECRETARY:  Ayes 43.

        18                      SENATOR DiCARLO: I now offer the

        19       following amendments.

        20                      ACTING PRESIDENT SPANO:  Without

        21       objection.

        22                      SENATOR DiCARLO:  Mr. President,

        23       on behalf of Senator Cook, I wish to call up his











                                                             
5273

         1       bill, Print Number 2915-B recalled from the

         2       Assembly which is now at the desk.

         3                      ACTING PRESIDENT SPANO:

         4       Secretary will read.

         5                      THE SECRETARY:  By Senator Cook,

         6       Senate Bill 2915-B, an act to amend the Social

         7       Services Law.

         8                      SENATOR DiCARLO:  Mr. President,

         9       I now move to reconsider the vote by which this

        10       bill was passed.

        11                      ACTING PRESIDENT SPANO:  Call the

        12       roll on reconsideration.

        13                      (The Secretary called the roll on

        14       reconsideration. )

        15                      THE SECRETARY:  Ayes 44.

        16                      SENATOR DiCARLO:  Mr. President,

        17       I now offer the following amendments.

        18                      ACTING PRESIDENT SPANO:

        19       Amendments received and adopted.

        20                      Senator Padavan.

        21                      SENATOR PADAVAN:  Yes, Mr.

        22       President.  On behalf of Senator Volker, I move

        23       to recommit Senate Print Number 6895, Calendar











                                                             
5274

         1       Number 751, which is on the Third Reading

         2       Calendar and commit said bill to the Committee

         3       on Health with instructions to strike the

         4       enacting clause.

         5                      ACTING PRESIDENT SPANO:  Was that

         6        -- what was that bill number again, Senator

         7       Padavan?

         8                      SENATOR PADAVAN:  The printed

         9       number is 6893.

        10                      ACTING PRESIDENT SPANO:  6893.

        11       So ordered.

        12                      Senator LaValle.

        13                      SENATOR LAVALLE:  Yes, Mr.

        14       President.  I'd like to remove the sponsor's

        15       star on Calendar Number 539, Senate Print Number

        16       6882-A and Calendar Number 1067, which is Senate

        17       Print Number 8063-A.

        18                      ACTING PRESIDENT SPANO:  Remove

        19       the stars on 539 and 1067.

        20                      SENATOR LAVALLE:  Thank you.

        21                      ACTING PRESIDENT SPANO:

        22       Secretary will read substitutions.

        23                      THE SECRETARY:  On page 11,











                                                             
5275

         1       Senator Levy moves to discharge the Committee on

         2       Transportation from Assembly Bill Number 748-C

         3       and substitute it for the identical Third

         4       Reading 607.

         5                      On page 30, Senator Waldon moves

         6       to discharge the Committee on Cities from

         7       Assembly Bill Number 9337 and substitute it for

         8       the identical Third Reading 1220.

         9                      On page 31, Senator Stavisky

        10       moves to discharge the Committee on Rules from

        11       Assembly Bill Number 9224-B and substitute it

        12       for the identical Third Reading 1222.

        13                      On page 31, Senator LaValle moves

        14       to discharge the Committee on Local Government

        15       from Assembly Bill Number 10091 and substitute

        16       it for the identical Third Reading 1224.

        17                      On page 31, Senator Libous moves

        18       to discharge the Committee on Rules from

        19       Assembly Bill Number 10876 and substitute it for

        20       the identical Third Reading 1225.

        21                      On page 32, Senator Velella moves

        22       to discharge the Committee on Rules from

        23       Assembly Bill Number 10252 and substitute it for











                                                             
5276

         1       the identical Third Reading 1228.

         2                      On page 32, Senator Lack moves to

         3       discharge the Committee on Rules from Assembly

         4       Bill Number 11326 and substitute it for the

         5       identical Calen... Third Reading 1231.

         6                      On page 32, Senator Velella moves

         7       to discharge the Committee on Rules from

         8       Assembly Bill Number 11,465 and substitute it

         9       for the identical Third Reading 1234.

        10                      On page 33, Senator Goodman moves

        11       to discharge the Committee on Rules from

        12       Assembly Bill Number 8600-B and substitute it

        13       for the identical Third Reading 1240.

        14                      ACTING PRESIDENT SPANO:

        15       Substitutions ordered.

        16                      Any other motions, resolutions?

        17                      Senator Present.

        18                      SENATOR PRESENT:  Mr. President,

        19       I move that we adopt the Resolution Calendar

        20       with the exception of 4013.

        21                      ACTING PRESIDENT SPANO:  Question

        22       is on the adoption of the resolutions on the

        23       Resolution Calendar with the exception of 4013.











                                                             
5277

         1                      All those in favor signify by

         2       saying aye.

         3                      (Response of "Aye.")

         4                      Opposed nay.

         5                      (There was no response. )

         6                      The resolutions are adopted.

         7                      Senator Present.

         8                      SENATOR PRESENT:  Will you call

         9       up that Resolution 4013?

        10                      ACTING PRESIDENT SPANO:

        11       Secretary will read the title of 4013.

        12                      THE SECRETARY:  Legislative Reso

        13       lution 4013, by Senator Padavan and others, urg

        14       ing the New York State Congressional delegation

        15       to support New York State as a pilot state for

        16       implementation of a tamper-proof identification

        17       system for use by legal aliens in obtaining

        18       employment in the United States.

        19                      ACTING PRESIDENT SPANO:  Question

        20       is on the resolution.  All those in favor

        21       signify by saying aye.

        22                      (Response of "Aye.")

        23                      Opposed nay.











                                                             
5278

         1                      (There was no response. )

         2                      The resolution is adopted.

         3                      Senator Present.

         4                      SENATOR PRESENT:  Mr. President,

         5       can we take up the non-controversial calendar.

         6                      ACTING PRESIDENT SPANO:

         7       Secretary will read the non-controversial

         8       calendar.

         9                      THE SECRETARY:  On page 4,

        10       Calendar Number 212, by Senator Velella, Senate

        11       Bill Number 5614-B, an act to amend the

        12       Insurance Law.

        13                      ACTING PRESIDENT SPANO:  Read the

        14       last section.

        15                      THE SECRETARY:  Section 2.  This

        16       act shall take effect immediately.

        17                      ACTING PRESIDENT SPANO:  Call the

        18       roll.

        19                      (The Secretary called the roll. )

        20                      THE SECRETARY:  Ayes 53.

        21                      ACTING PRESIDENT SPANO:  The bill

        22       is passed.

        23                      THE SECRETARY:  Calendar Number











                                                             
5279

         1       311, by Senator Johnson, Senate Bill Number

         2       3934-A, an act to amend the General Business

         3       Law.

         4                      ACTING PRESIDENT SPANO:  Read the

         5       last section.

         6                      THE SECRETARY:  Section 2.  This

         7       act shall take effect immediately.

         8                      ACTING PRESIDENT SPANO:  Call the

         9       roll.

        10                      (The Secretary called the roll. )

        11                      THE SECRETARY:  Ayes 53.

        12                      ACTING PRESIDENT SPANO:  The bill

        13       is passed.

        14                      THE SECRETARY:  Calendar Number

        15       393, by Senator DiCarlo, Senate Bill Number

        16       6379-A, an act to amend the Penal Law.

        17                      ACTING PRESIDENT SPANO:  Read the

        18       last section.

        19                      THE SECRETARY:  Section 2.  This

        20       act shall take effect immediately.

        21                      ACTING PRESIDENT SPANO:  Call the

        22       roll.

        23                      (The Secretary called the roll. )











                                                             
5280

         1                      THE SECRETARY:  Ayes 54.

         2                      ACTING PRESIDENT SPANO:  The

         3       bill's passed.

         4                      THE SECRETARY:  Calendar Number

         5       426, by member of the Assembly Weinstein,

         6       Assembly Bill Number 4537-A, an act to amend the

         7       Executive Law.

         8                      ACTING PRESIDENT SPANO:  Read the

         9       last section.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      ACTING PRESIDENT SPANO:  Call the

        13       roll.

        14                      (The Secretary called the roll. )

        15                      THE SECRETARY:  Ayes -- ayes 50,

        16       nays 4, Senators Cook, DiCarlo, Hannon and

        17       Maltese recorded in the negative.

        18                      ACTING PRESIDENT SPANO:  The bill

        19       is passed.

        20                      THE SECRETARY:  Calendar Number

        21       429, by Senator Skelos, Senate Bill Number

        22       6522-A.

        23                      SENATOR GOLD:  Lay it aside.











                                                             
5281

         1                      SENATOR PRESENT:  Lay it aside

         2       for the day.

         3                      ACTING PRESIDENT SPANO:  Laid

         4       aside for the day.

         5                      THE SECRETARY:  Calendar Number

         6       434, by Senator Levy.

         7                      SENATOR PRESENT:  Lay it aside

         8       for the day.

         9                      ACTING PRESIDENT SPANO:  Laid

        10       aside for the day.

        11                      THE SECRETARY:  Calendar Number

        12       438, by member of the Assembly O'Neil, Assembly

        13       Bill Number 9722-C, an act to amend the Highway

        14       Law.

        15                      ACTING PRESIDENT SPANO:  Read the

        16       last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT SPANO:  Call the

        20       roll.

        21                      (The Secretary called the roll. )

        22                      THE SECRETARY:  Ayes -- ayes 53,

        23       nays one, Senator Larkin recorded in the











                                                             
5282

         1       negative.

         2                      ACTING PRESIDENT SPANO:  The

         3       bill's passed.

         4                      THE SECRETARY:  Calendar Number

         5       600, by Senator Skelos.

         6                      SENATOR PRESENT:  Lay it aside

         7       for the day, please.

         8                      ACTING PRESIDENT SPANO:  Laid

         9       aside for the day.

        10                      THE SECRETARY:  Calendar Number

        11       643, by Senator Stafford, Senate Bill Number

        12       4821-B, an act to amend the Penal Law.

        13                      ACTING PRESIDENT SPANO:  Read the

        14       last section.

        15                      THE SECRETARY:  Section 2.  This

        16       act shall take effect on the 1st day of

        17       November.

        18                      ACTING PRESIDENT SPANO:  Call the

        19       roll.

        20                      (The Secretary called the roll. )

        21                      THE SECRETARY:  Ayes 54.

        22                      ACTING PRESIDENT SPANO:  The bill

        23       is passed.











                                                             
5283

         1                      THE SECRETARY:  Calendar Number

         2       741, by the assembly Committee on Rules,

         3       Assembly Bill Number 11,679-B, an act to amend

         4       the Civil Service Law and the Military Law.

         5                      ACTING PRESIDENT SPANO:  Read the

         6       last section.

         7                      THE SECRETARY:  Section 2.  This

         8       act shall take effect immediately.

         9                      ACTING PRESIDENT SPANO:  Call the

        10       roll.

        11                      (The Secretary called the roll. )

        12                      THE SECRETARY:  Ayes 54.

        13                      ACTING PRESIDENT SPANO:  The bill

        14       is passed.

        15                      THE SECRETARY:  Calendar Number

        16       767, by member of the Assembly Harenberg,

        17       Assembly Bill Number 3315-B, Real Property Tax

        18       Law.

        19                      ACTING PRESIDENT SPANO:  Read the

        20       last section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT SPANO:  Call the











                                                             
5284

         1       roll.

         2                      (The Secretary called the roll. )

         3                      THE SECRETARY:  Ayes 54.

         4                      ACTING PRESIDENT SPANO:  The bill

         5       is passed.

         6                      THE SECRETARY:  Calendar Number

         7       826, by Senator Larkin, Senate Bill Number 7685,

         8       an act to amend the Real Property Tax Law.

         9                      ACTING PRESIDENT SPANO:  Read the

        10       last section.

        11                      THE SECRETARY:  Section 2.  This

        12       act shall take effect immediately.

        13                      ACTING PRESIDENT SPANO:  Call the

        14       roll.

        15                      (The Secretary called the roll. )

        16                      THE SECRETARY:  Ayes 53, nays

        17       one, Senator Cook recorded in the negative.

        18                      ACTING PRESIDENT SPANO:  The bill

        19       is passed.

        20                      THE SECRETARY:  Calendar Number

        21       1164, by Senator Kuhl, Senate Bill Number 2068.

        22                      ACTING PRESIDENT SPANO:  Lay

        23       aside for the day?  Laid aside for the day.











                                                             
5285

         1                      THE SECRETARY:  Calendar Number

         2       1170, by Senator Daly, Senate Bill Number

         3       5933-A, relating to the disposition of surplus

         4       monies of the East Gates Water District.

         5                      ACTING PRESIDENT SPANO:  Read the

         6       last section.

         7                      THE SECRETARY:  Section 2.  This

         8       act shall take effect immediately.

         9                      ACTING PRESIDENT SPANO:  Call the

        10       roll.

        11                      (The Secretary called the roll. )

        12                      THE SECRETARY:  Ayes 54.

        13                      ACTING PRESIDENT SPANO:  The bill

        14       is passed.

        15                      THE SECRETARY:  Calendar Number

        16       1178, by Senator Pataki, Senate Bill Number

        17       7128, an act to amend the Town Law.

        18                      ACTING PRESIDENT SPANO:  Home

        19       rule message is at the desk.  Read the last

        20       section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT SPANO:  Call the











                                                             
5286

         1       roll.

         2                      (The Secretary called the roll. )

         3                      THE SECRETARY:  Ayes 54.

         4                      ACTING PRESIDENT SPANO:  The bill

         5       is passed.

         6                      THE SECRETARY:  Calendar Number

         7       1186, by Senator Libous, Senate Bill Number

         8       7975, an act to amend the Tax Law.

         9                      SENATOR GOLD:  Can we have a day

        10       on that, please?

        11                      ACTING PRESIDENT SPANO:  Laid

        12       aside.  Senator Libous, you want to lay that

        13       aside for the day?

        14                      SENATOR LIBOUS:  Yes.

        15                      ACTING PRESIDENT SPANO:  Laid

        16       aside for the day.

        17                      THE SECRETARY:  Calendar Number

        18       1211, by Senator Tully, Senate Bill Number

        19       2428-A, an act to amend the General Municipal

        20       Law.

        21                      ACTING PRESIDENT SPANO:  Home

        22       rule message is at the desk.  Read the last

        23       section.











                                                             
5287

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT SPANO:  Call the

         4       roll.

         5                      (The Secretary called the roll. )

         6                      THE SECRETARY:  Ayes 54.

         7                      ACTING PRESIDENT SPANO:  The bill

         8       is passed.

         9                      THE SECRETARY:  Calendar Number

        10       1212 -

        11                      ACTING PRESIDENT SPANO:  Senator

        12       Holland.

        13                      SENATOR HOLLAND:  What happened

        14       to 1210?

        15                      ACTING PRESIDENT SPANO:  That

        16       bill was amended previously, Senator Holland.

        17                      THE SECRETARY:  Calendar Number

        18       1212, by Senator Tully, Senate Bill Number

        19       2430-A, an act to amend the Retirement and

        20       Social Security Law.

        21                      ACTING PRESIDENT SPANO:  Home

        22       rule message is at the desk.  Read the last

        23       section.











                                                             
5288

         1                      THE SECRETARY:  Section 2.  This

         2       act shall take effect immediately.

         3                      ACTING PRESIDENT SPANO:  Call the

         4       roll.

         5                      (The Secretary called the roll. )

         6                      THE SECRETARY:  Ayes 54.

         7                      ACTING PRESIDENT SPANO:  The bill

         8       is passed.

         9                      THE SECRETARY:  Calendar Number

        10       1213, by Senator Kuhl, Senate Bill Number

        11       4141-A, New York State and Local Employees

        12       Retirement System.

        13                      ACTING PRESIDENT SPANO:  Read the

        14       last section.

        15                      THE SECRETARY:  Section 2.  This

        16       act shall take effect immediately.

        17                      ACTING PRESIDENT SPANO:  Call the

        18       roll.

        19                      SENATOR GOLD:  Lay it aside,

        20       please.

        21                      ACTING PRESIDENT SPANO:  Laid

        22       aside.

        23                      THE SECRETARY:  Calendar Number











                                                             
5289

         1       1214, by Senator Cook, Senate Bill Number 4966,

         2       an act to amend the Education Law.

         3                      ACTING PRESIDENT SPANO:  Read the

         4       last section.

         5                      THE SECRETARY:  Section 2.  This

         6       act shall take effect immediately.

         7                      ACTING PRESIDENT SPANO:  Call the

         8       roll.

         9                      (The Secretary called the roll. )

        10                      THE SECRETARY:  Ayes 53, nays

        11       one, Senator DeFrancisco recorded in the

        12       negative.

        13                      ACTING PRESIDENT SPANO:  The bill

        14       is passed.

        15                      THE SECRETARY:  Calendar Number

        16       1215, by the Senate Committee on Rules, Senate

        17       Bill Number 5701-A, extending certain police

        18       disability retirement benefits.

        19                      ACTING PRESIDENT SPANO:  Read the

        20       last section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      SENATOR GOLD:  Lay it aside.











                                                             
5290

         1                      ACTING PRESIDENT SPANO:  Laid

         2       aside.

         3                      THE SECRETARY:  Calendar Number

         4       1216, by Senator Spano, Senate Bill Number

         5       5738-A, an act to amend the Vehicle and Traffic

         6       Law.

         7                      ACTING PRESIDENT SPANO:  Home

         8       rule message is at the desk.  Read the last

         9       section.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      ACTING PRESIDENT SPANO:  Call the

        13       roll.

        14                      (The Secretary called the roll. )

        15                      THE SECRETARY:  Ayes 54.

        16                      ACTING PRESIDENT SPANO:  The bill

        17       is passed.

        18                      THE SECRETARY:  Calendar Number

        19       1217, by Senator DeFrancisco, Senate Bill Number

        20       6394-A, an act to amend the Family Court Act.

        21                      ACTING PRESIDENT SPANO:  Read the

        22       last section.

        23                      THE SECRETARY:  Section 2.  This











                                                             
5291

         1       act shall take effect immediately.

         2                      ACTING PRESIDENT SPANO:  Call the

         3       roll.

         4                      (The Secretary called the roll. )

         5                      THE SECRETARY:  Ayes 54.

         6                      ACTING PRESIDENT SPANO:  The bill

         7       is passed.

         8                      THE SECRETARY:  Calendar Number

         9       1218, by Senator Stafford, Senate Bill Number

        10       6496-A, Environmental Conservation Law.

        11                      ACTING PRESIDENT SPANO:  Read the

        12       last section.

        13                      THE SECRETARY:  Section 2.  This

        14       act shall take effect immediately.

        15                      ACTING PRESIDENT SPANO:  Call the

        16       roll.

        17                      (The Secretary called the roll. )

        18                      THE SECRETARY:  Ayes 54.

        19                      ACTING PRESIDENT SPANO:  The bill

        20       is passed.

        21                      THE SECRETARY:  Calendar Number

        22       1219, by Senator Volker, Senate Bill Number

        23       6594, an act to amend the Vehicle and Traffic











                                                             
5292

         1       Law.

         2                      ACTING PRESIDENT SPANO:  Read the

         3       last section.

         4                      THE SECRETARY:  Section 2.  This

         5       act shall take effect immediately.

         6                      ACTING PRESIDENT SPANO:  Call the

         7       roll.

         8                      (The Secretary called the roll. )

         9                      THE SECRETARY:  Ayes 54.

        10                      ACTING PRESIDENT SPANO:  The bill

        11       is passed.

        12                      THE SECRETARY:  Calendar Number

        13       1220, substituted earlier today, by member of

        14       the Assembly Jenkins, Assembly Bill Number 9337,

        15       city of New York to reconvey its interest in

        16       certain real property.

        17                      ACTING PRESIDENT SPANO:  Home

        18       rule message is at the desk.  Read the last

        19       section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      ACTING PRESIDENT SPANO:  Call the

        23       roll.











                                                             
5293

         1                      (The Secretary called the roll. )

         2                      THE SECRETARY:  Ayes 55.

         3                      ACTING PRESIDENT SPANO:  The bill

         4       is passed.

         5                      THE SECRETARY:  Calendar Number

         6       1221, by Senator Gold, Senate Bill Number 6626,

         7       an act to amend the Education Law.

         8                      ACTING PRESIDENT SPANO:  Read the

         9       last section.

        10                      THE SECRETARY:  Section 2.  This

        11       act shall take effect immediately.

        12                      ACTING PRESIDENT SPANO:  Call the

        13       roll.

        14                      (The Secretary called the roll. )

        15                      THE SECRETARY:  Ayes 55.

        16                      ACTING PRESIDENT SPANO:  The bill

        17       is passed.

        18                      THE SECRETARY:  Calendar Number

        19       1222, substituted earlier today, by member of

        20       the Assembly Lafayette, Assembly Bill Number 90

        21        -- 2924-B, New York to convey its interest in

        22       certain real property.

        23                      ACTING PRESIDENT SPANO:  Home











                                                             
5294

         1       rule message is at the desk.  Read the last

         2       section.

         3                      THE SECRETARY:  Section 2.  This

         4       act shall take effect immediately.

         5                      ACTING PRESIDENT SPANO:  Call the

         6       roll.

         7                      (The Secretary called the roll. )

         8                      THE SECRETARY:  Ayes 55.

         9                      ACTING PRESIDENT SPANO:  The bill

        10       the passed.

        11                      THE SECRETARY:  Calendar Number

        12       1223, by Senator Nozzolio, Senate Bill Number

        13       6855, an act to amend the Civil Service Law.

        14                      ACTING PRESIDENT SPANO:  Home

        15       rule message is at the desk.  Read the last

        16       section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT SPANO:  Call the

        20       roll.

        21                      (The Secretary called the roll. )

        22                      THE SECRETARY:  Ayes 55.

        23                      ACTING PRESIDENT SPANO:  The bill











                                                             
5295

         1       is passed.

         2                      THE SECRETARY:  Calendar Number

         3       1224, substituted earlier today, by member of

         4       the Assembly McGee, Assembly Bill Number 10091,

         5       Volunteer Firefighters Benefit Law.

         6                      ACTING PRESIDENT SPANO:  Read the

         7       last section.

         8                      THE SECRETARY:  Section 2.  This

         9       act shall take effect immediately.

        10                      ACTING PRESIDENT SPANO:  Call the

        11       roll.

        12                      (The Secretary called the roll. )

        13                      THE SECRETARY:  Ayes 55.

        14                      ACTING PRESIDENT SPANO:  The bill

        15       is passed.

        16                      THE SECRETARY:  Calendar Number

        17       1227, by Senator Holland, Senate Bill Number

        18       7136, an act to amend the Tax Law and Chapter

        19       491 of the Laws of 1993.

        20                      ACTING PRESIDENT SPANO:  Read the

        21       last section.

        22                      THE SECRETARY:  Section -

        23                      SENATOR GOLD:  Lay it aside,











                                                             
5296

         1       please.

         2                      ACTING PRESIDENT SPANO:  Laid

         3       aside.

         4                      THE SECRETARY:  Calendar Number

         5       1228, substituted earlier today, by member of

         6       the Assembly Kaufman, Assembly Bill Number

         7       10252, the city of New York to reconvey its

         8       interest in certain real property.

         9                      ACTING PRESIDENT SPANO:  Home

        10       rule message is at the desk.  Read the last

        11       section.

        12                      THE SECRETARY:  Section 2.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT SPANO:  Call the

        15       roll.

        16                      (The Secretary called the roll. )

        17                      THE SECRETARY:  Ayes 55.

        18                      ACTING PRESIDENT SPANO:  The bill

        19       is passed.

        20                      THE SECRETARY:  Calendar Number

        21       1229, by Senator Wright, Senate Bill Number

        22       7531, an act to amend the Mental Hygiene Law.

        23                      ACTING PRESIDENT SPANO:  Read the











                                                             
5297

         1       last section.

         2                      THE SECRETARY:  Section 2.  This

         3       act shall take effect immediately.

         4                      ACTING PRESIDENT SPANO:  Call the

         5       roll.

         6                      (The Secretary called the roll. )

         7                      THE SECRETARY:  Ayes 55.

         8                      ACTING PRESIDENT SPANO:  The bill

         9       is passed.

        10                      THE SECRETARY:  Calendar Number

        11       1230, by Senator Cook, Senate Bill Number 7667,

        12       in relation -

        13                      SENATOR GOLD:  Lay aside.

        14                      ACTING PRESIDENT SPANO:  Laid

        15       aside.

        16                      THE SECRETARY:  Calendar Number

        17       1231, substituted earlier today, by the Assembly

        18       Committee on Rules, Assembly Bill Number 11326,

        19       Real Property Law.

        20                      ACTING PRESIDENT SPANO:  Read the

        21       last section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.











                                                             
5298

         1                      ACTING PRESIDENT SPANO:  Call the

         2       roll.

         3                      (The Secretary called the roll. )

         4                      THE SECRETARY:  Ayes 55.

         5                      ACTING PRESIDENT SPANO:  The bill

         6       is passed.

         7                      THE SECRETARY:  Calendar Number

         8       1232, by Senator Larkin, Senate Bill Number

         9       7894, an act to amend the Navigation Law.

        10                      SENATOR GOLD:  Lay that aside for

        11       Senator Paterson, please.

        12                      ACTING PRESIDENT SPANO:  You want

        13       to lay that bill aside?  Laid aside.

        14                      THE SECRETARY:  Calendar Number

        15       1233, by Senator Cook, Senate Bill Number 7912,

        16       making certain findings and determinations.

        17                      ACTING PRESIDENT SPANO:  Home

        18       rule message is at the desk.  Read the last

        19       section.

        20                      THE SECRETARY:  Section 2.  This

        21       act shall take effect immediately.

        22                      ACTING PRESIDENT SPANO:  Call the

        23       roll.











                                                             
5299

         1                      (The Secretary called the roll. )

         2                      THE SECRETARY:  Ayes 55.

         3                      ACTING PRESIDENT SPANO:  The bill

         4       is passed.

         5                      THE SECRETARY:  Calendar Number

         6       1234, substituted earlier today, by the Assembly

         7       Committee on Rules, Assembly Bill Number 11465,

         8       city of New York to reconvey its interest in

         9       certain real property.

        10                      ACTING PRESIDENT SPANO:  Home

        11       rule message is at the desk.  Read the last

        12       section.

        13                      THE SECRETARY:  Section 2.  This

        14       act shall take effect immediately.

        15                      ACTING PRESIDENT SPANO:  Call the

        16       roll.

        17                      (The Secretary called the roll. )

        18                      THE SECRETARY:  Ayes 55.

        19                      ACTING PRESIDENT SPANO:  The bill

        20       is passed.

        21                      THE SECRETARY:  Calendar Number

        22       1235, by Senator Tully, Senate Bill Number 7928,

        23       an act to amend the Social Services Law.











                                                             
5300

         1                      ACTING PRESIDENT SPANO:  Read the

         2       last section.

         3                      THE SECRETARY:  Section 2.  This

         4       act shall take effect immediately.

         5                      ACTING PRESIDENT SPANO:  Call the

         6       roll.

         7                      (The Secretary called the roll. )

         8                      THE SECRETARY:  Ayes 55.

         9                      ACTING PRESIDENT SPANO:  The bill

        10       is passed.

        11                      THE SECRETARY:  Calendar Number

        12       1237, by Senator Lack, Senate Bill Number 8193,

        13       an act to amend the Tax Law.

        14                      ACTING PRESIDENT SPANO:  Read the

        15       last section.

        16                      THE SECRETARY:  Section 2.  This

        17       act shall take effect immediately.

        18                      ACTING PRESIDENT SPANO:  Call the

        19       roll.

        20                      (The Secretary called the roll. )

        21                      THE SECRETARY:  Ayes 55.

        22                      ACTING PRESIDENT SPANO:  The bill

        23       is passed.











                                                             
5301

         1                      THE SECRETARY:  Calendar Number

         2       1238, by Senator Daly, Senate Bill Number

         3       8261-A, an act -

         4                      SENATOR PRESENT:  Lay aside for

         5       the day.

         6                      ACTING PRESIDENT SPANO:  Laid

         7       aside for the day.

         8                      THE SECRETARY:  Calendar Number

         9       1239, by Senator Daly.

        10                      SENATOR PRESENT:  Lay aside for

        11       the day.

        12                      ACTING PRESIDENT SPANO:  Laid

        13       aside for the day.

        14                      THE SECRETARY:  Calendar Number

        15       1241, by Senator Saland, Senate Bill Number

        16       8441, an act to amend the Family Court Act.

        17                      ACTING PRESIDENT SPANO:  Read the

        18       last section.

        19                      THE SECRETARY:  Section 2.  This

        20       act shall take effect immediately.

        21                      ACTING PRESIDENT SPANO:  Call the

        22       roll.

        23                      (The Secretary called the roll. )











                                                             
5302

         1                      THE SECRETARY:  Ayes 55.

         2                      ACTING PRESIDENT SPANO:  The bill

         3       is passed.

         4                      THE SECRETARY:  Calendar Number

         5       1242, by Senator Skelos, Senate Bill Number

         6       8449-A, an act to amend the State Finance Law.

         7                      ACTING PRESIDENT SPANO:  Read the

         8       last section.

         9                      THE SECRETARY:  Section 2.  This

        10       act shall take effect immediately.

        11                      ACTING PRESIDENT SPANO:  Call the

        12       roll.

        13                      (The Secretary called the roll. )

        14                      THE SECRETARY:  Ayes 55.

        15                      ACTING PRESIDENT SPANO:  The bill

        16       is passed.

        17                      THE SECRETARY:  Calendar Number

        18       1243, by Senator Kuhl, Senate Bill Number 8460,

        19       in relation to the membership in State Police

        20       20-year retirement plan.

        21                      ACTING PRESIDENT SPANO:  Read the

        22       last section.

        23                      SENATOR LEICHTER:  Lay it aside.











                                                             
5303

         1                      ACTING PRESIDENT SPANO:  Laid

         2       aside.

         3                      THE SECRETARY:  Calendar Number

         4       1244, by Senator Marchi, Senate Bill Number

         5       8470, an act to amend the Abandoned Property

         6       Law.

         7                      ACTING PRESIDENT SPANO:  Read the

         8       last section.

         9                      THE SECRETARY:  Section 2.  This

        10       act shall take effect immediately.

        11                      ACTING PRESIDENT SPANO:  Call the

        12       roll.

        13                      (The Secretary called the roll.)

        14                      THE SECRETARY:  Ayes 55.

        15                      ACTING PRESIDENT SPANO:  The bill

        16       is passed.

        17                      THE SECRETARY:  Calendar Number

        18       1245, by Senator -

        19                      SENATOR GOLD:  Lay aside.

        20                      ACTING PRESIDENT SPANO:  Laid

        21       aside.

        22                      THE SECRETARY:  Calendar Number

        23       1247, by Senator Wright.











                                                             
5304

         1                      SENATOR WRIGHT:  Lay aside for

         2       the day.

         3                      ACTING PRESIDENT SPANO:  Laid

         4       aside for the day.

         5                      THE SECRETARY:  Calendar Number

         6       1248, by Senator Nozzolio, Senate Bill Number

         7       8575, an act to amend the Tax Law.

         8                      SENATOR GOLD:  Lay it aside.

         9                      ACTING PRESIDENT SPANO:  Laid

        10       aside.

        11                      THE SECRETARY:  Calendar Number

        12       1249, by Senator Daly, Senate Bill Number 8578,

        13       authorizing the Commissioner of General Services

        14       to convey an easement.

        15                      ACTING PRESIDENT SPANO:  Read the

        16       last section.

        17                      THE SECRETARY:  Section 2.  This

        18       act shall take effect immediately.

        19                      ACTING PRESIDENT SPANO:  Call the

        20       roll.

        21                      (The Secretary called the roll. )

        22                      THE SECRETARY:  Ayes 55.

        23                      ACTING PRESIDENT SPANO:  The bill











                                                             
5305

         1       is passed.

         2                      THE SECRETARY:  Calendar Number

         3       1250, by Senator Johnson, Senate Bill Number

         4       8583, an act to amend the Military Law.

         5                      ACTING PRESIDENT SPANO:  Read the

         6       last section.

         7                      THE SECRETARY:  Section 2.  This

         8       act shall take effect immediately.

         9                      ACTING PRESIDENT SPANO:  Call the

        10       roll.

        11                      (The Secretary called the roll. )

        12                      THE SECRETARY:  Ayes 55.

        13                      ACTING PRESIDENT SPANO:  The bill

        14       is passed.

        15                      THE SECRETARY:  Calendar Number

        16       1251, by Senator Kuhl, Senate Bill Number 8586,

        17       authorizing the city of Elmira to convey certain

        18       lands.

        19                      ACTING PRESIDENT SPANO:  Home

        20       rule message is at the desk.  Read the last

        21       section.

        22                      THE SECRETARY:  Section 2.  This

        23       act shall take effect immediately.











                                                             
5306

         1                      ACTING PRESIDENT SPANO:  Call the

         2       roll.

         3                      (The Secretary called the roll. )

         4                      THE SECRETARY:  Ayes 55.

         5                      ACTING PRESIDENT SPANO:  The bill

         6       is passed.

         7                      THE SECRETARY:  Calendar Number

         8       1252, by Senator Kuhl.

         9                      SENATOR PRESENT:  Lay it aside

        10       for the day, please.

        11                      ACTING PRESIDENT SPANO:  Laid

        12       aside for the day.

        13                      THE SECRETARY:  Calendar Number

        14       1253, by Senator Farley, Senate Bill Number

        15       8588, an act to amend the Public Housing Law.

        16                      ACTING PRESIDENT SPANO:  Read the

        17       last section.

        18                      THE SECRETARY:  Section 2.  This

        19       act shall take effect immediately.

        20                      ACTING PRESIDENT SPANO:  Call the

        21       roll.

        22                      (The Secretary called the roll. )

        23                      THE SECRETARY:  Ayes 55.











                                                             
5307

         1                      ACTING PRESIDENT SPANO:  The bill

         2       is passed.

         3                      THE SECRETARY:  Calendar Number

         4       1254, by Senator Wright, Senate Bill Number

         5       8592, amends Chapter -

         6                      SENATOR GOLD:  Can we have a day

         7       on this?

         8                      SENATOR WRIGHT:  Pardon?

         9                      SENATOR GOLD:  May we have one

        10       day on this?

        11                      SENATOR WRIGHT:  Yes.

        12                      ACTING PRESIDENT SPANO:  Laid

        13       aside for the day.

        14                      THE SECRETARY:  Calendar Number

        15       1255, by Senator Rath.

        16                      SENATOR PRESENT:  Lay it aside

        17       for the day, please.

        18                      ACTING PRESIDENT SPANO:  Laid

        19       aside for the day.

        20                      THE SECRETARY:  Calendar Number

        21       1256, by Senator Nozzolio, Senate Bill Number

        22       8613, authorizing the county of Cayuga to convey

        23       certain easements.











                                                             
5308

         1                      ACTING PRESIDENT SPANO:  Read the

         2       last section.

         3                      THE SECRETARY:  Section 2.  This

         4       act shall take effect immediately.

         5                      ACTING PRESIDENT SPANO:  Call the

         6       roll.

         7                      (The Secretary called the roll. )

         8                      THE SECRETARY:  Ayes 55.

         9                      ACTING PRESIDENT SPANO:  The bill

        10       is passed.

        11                      Senator Leichter.

        12                      SENATOR LEICHTER:  Mr. President,

        13       may I have unanimous consent to be recorded in

        14       the negative on Calendar Number 1237?

        15                      ACTING PRESIDENT SPANO:  Without

        16       objection.

        17                      Senator Present, that completes

        18       the non-controversial calendar.

        19                      SENATOR PRESENT:  Mr. President,

        20       can we take up the controversial calendar,

        21       please.

        22                      ACTING PRESIDENT SPANO:

        23       Secretary will read the controversial calendar.











                                                             
5309

         1                      THE SECRETARY:  On page 29,

         2       Calendar Number 1213, by Senator Kuhl, Senate

         3       Bill Number 4141-A, require New York State and

         4       Local Employees Retirement System to accept

         5       retirement applications.

         6                      SENATOR GOLD:  Explanation.

         7                      SENATOR PRESENT:  Lay it aside

         8       temporarily.

         9                      ACTING PRESIDENT SPANO:  Laid

        10       aside.

        11                      THE SECRETARY:  Calendar Number

        12       1215, by the Senate Committee on Rules, Senate

        13       Bill Number 5701-A, extending certain police

        14       disability retirement benefits.

        15                      SENATOR LEICHTER:  Explanation.

        16                      ACTING PRESIDENT SPANO:  Is an

        17       explanation asked for?

        18                      SENATOR PRESENT:  There was.

        19                      ACTING PRESIDENT SPANO:  Senator

        20       Present.

        21                      SENATOR PRESENT:  Mr. President,

        22       in 1979 there were a number of policemen, state,

        23       from the Division of Parks and Recreation who











                                                             
5310

         1       were employees of Parks and Recreation who were

         2       transferred into the State Police.

         3                      This establishes their disability

         4       benefits as they were when they were members of

         5       the Parks and Recreation Commission.

         6                      ACTING PRESIDENT SPANO:  Senator

         7       Leichter.

         8                      SENATOR LEICHTER:  Yes.  I'm just

         9       trying to understand why these particular people

        10       who were transferred to the State Police now, as

        11       members of the State Police they were entitled

        12       certainly to disability for their services as

        13       State Police, is that right?

        14                      SENATOR PRESENT:  At a reduced

        15       rate from which they were entitled to as members

        16        -- as employees of Parks and Recreation.

        17                      SENATOR LEICHTER:  All right.

        18       But, Senator, would -- if I understand this, are

        19       you now counting salary or acts that occurred

        20       prior to the time they were members of the State

        21       Police in computing or fixing the eligibility

        22       for disability based on their service prior to

        23       the time they were in the State Police?











                                                             
5311

         1                      SENATOR PRESENT:  Is it -- once

         2       more.  I didn't follow you.

         3                      SENATOR LEICHTER:  Well, are you,

         4       by this bill, giving credit either for

         5       eligibility or for computation of benefits for

         6       services to people prior to the time that they

         7       were members of the State Police?

         8                      SENATOR PRESENT:  This -- this

         9       bill clarifies the intention of the law we

        10       passed in '79 when these people were transferred

        11       from Parks and Recreation to the State Police,

        12       which enables them to receive the same

        13       disability benefits they would have received had

        14       they remained in Parks and Recreation.

        15                      SENATOR LEICHTER:  Well, let me

        16       see if I understand.  Isn't it a fact that, by

        17       this bill, you are giving them the benefits of

        18       disability which comes from being a member of

        19       the State Police; is that right?

        20                      SENATOR PRESENT:  True, but

        21       they're less -- they're less than they would

        22       have received had they remained as employees of

        23       Parks and Recreation.











                                                             
5312

         1                      SENATOR LEICHTER:  There's a

         2       reason -- are you saying the State Police has

         3       lesser disability benefits than members of the

         4       state park service?

         5                      SENATOR PRESENT:  Because the

         6       date of transfer was later.  They lost their

         7       prior right.

         8                      SENATOR LEICHTER:  As I read this

         9       bill, Senator Present, I just ask you whether

        10       I'm not correct that isn't what you're doing

        11       counting service that was rendered prior to the

        12       time they became members of the State Police in

        13       either determining eligibility or at least

        14       determining the level of benefits when they re

        15       tire as members of the State Police and, if

        16       that's the case, my question is why?

        17                      SENATOR PRESENT:  The intent of

        18       the legislation which transfers these personnel

        19       from Parks and Recreation to State Police in

        20       1979 was not to diminish any of their rights or

        21       disability benefits.  This corrects that so that

        22       they would receive the same as had they remained

        23       in Parks and Recreation.











                                                             
5313

         1                      SENATOR LEICHTER:  Well, Senator,

         2       I don't want to -

         3                      SENATOR PRESENT:  You may.

         4                      SENATOR LEICHTER:  -- question

         5       your reading of this bill, but it seems to me

         6       that you're saying that members of the state

         7       park service have a higher disability benefit

         8       than have members of the State Police, which is

         9       not my understanding.

        10                      SENATOR PRESENT:  Back in prior

        11       to 1979 and before they were transferred, they

        12       had a 75 percent disability benefit.  When they

        13       were transferred into the State Police, it was

        14       at 50 percent, so you're wrong.  State Police

        15       benefits are less.

        16                      SENATOR LEICHTER:  And you're

        17       saying that -- I don't know whether it was your

        18       intent; I know it wasn't my intent, but when

        19       they transferred to the State Police that we

        20       were going to keep the retirement disability at

        21       75 percent which they would have enjoyed if

        22       they'd stayed as members of the state park

        23       police.











                                                             
5314

         1                      SENATOR PRESENT:  At that time

         2       the State Police took over jurisdiction of the

         3       parkways.

         4                      SENATOR LEICHTER:  Let me ask you

         5       this question:  As members of the State Police

         6       did they receive higher wages?

         7                      SENATOR PRESENT:  I don't believe

         8       so.  No.

         9                      SENATOR LEICHTER:  I accept -

        10                      SENATOR GOLD:  Mr. President.

        11                      ACTING PRESIDENT SPANO:  Senator

        12       Gold.

        13                      SENATOR GOLD:  Yeah.  Senator

        14       Present, just so I understand it, and I was

        15       trying to follow along.  What -- were they

        16       transferred -- when this transfer occurred, was

        17       it a voluntary transfer or was it an involuntary

        18       transfer?

        19                      SENATOR PRESENT:  It was

        20       voluntary and completed by a chapter in 1979.

        21                      SENATOR GOLD:  And when they made

        22       the transfer, did they get any increase in

        23       salaries?











                                                             
5315

         1                      SENATOR PRESENT:  Well, if they

         2       did, only as a result of collective bargaining

         3       agreements.

         4                      SENATOR GOLD:  Well, if the

         5       Senator will yield to a question.  This is the

         6       part that I don't understand.  They were

         7       employed by a certain agency.

         8                      SENATOR PRESENT:  Right.

         9                      SENATOR GOLD:  They transferred

        10       and you say it was voluntarily to another agency

        11       and they may have, in the new job, gotten more

        12       respect, more money, I don't know what, and now

        13       it seems as if something happened, obviously

        14       they did not expect, that something happened and

        15       now they want the benefit of a different job

        16       which they voluntarily gave up and made a

        17       transfer.

        18                      Now, that's what I'm getting at.

        19       If I'm wrong, I certainly would like to

        20       understand how I'm wrong, but I guess that's

        21       what I'm getting at.

        22                      SENATOR PRESENT:  Well, I guess

        23       you say the "voluntarily" probably had an











                                                             
5316

         1       option.  You transfer under the terms of this

         2       chapter and we guarantee you no diminution of

         3       your benefits or your salaries, or you don't

         4       want to transfer you'd probably be fired, you'd

         5       be out of a job.

         6                      SENATOR GOLD:  Well, I don't

         7       understand that, Senator.  I mean is that the

         8       fact or is it not the fact? I don't understand

         9       it at all.

        10                      SENATOR PRESENT:  Well, the

        11       intent of the chapter passed in 1979 was to

        12       transfer these people to the State Police and

        13       not to diminish any of their benefits.

        14                      SENATOR GOLD:  Well, as a last

        15       question, Senator, wouldn't it just have been

        16       easy to keep them in the same retirement system

        17       they were in or to have language which equalized

        18       the retirement systems?

        19                      SENATOR PRESENT:  I think that

        20       was the intent of the language passed in 1979

        21       and there was a technical error in it or

        22       omission.

        23                      Last section.











                                                             
5317

         1                      ACTING PRESIDENT SPANO:  Read the

         2       last section.

         3                      THE SECRETARY:  Section 2.  This

         4       act shall take effect immediately.

         5                      ACTING PRESIDENT SPANO:  Call the

         6       roll.

         7                      (The Secretary called the roll. )

         8                      THE SECRETARY:  Ayes 55, nays

         9       one, Senator Leichter recorded in the negative.

        10                      ACTING PRESIDENT SPANO:  The bill

        11       is passed.

        12                      THE SECRETARY:  Calendar Number

        13       1227, by Senator Holland, Senate Bill Number

        14       7136, an act to amend the Tax Law and Chapter

        15       491 of the Laws of 1993.

        16                      ACTING PRESIDENT SPANO:  Read the

        17       last section.

        18                      SENATOR GOLD:  Explanation.

        19       Explanation.

        20                      ACTING PRESIDENT SPANO:  Senator

        21       Holland for an explanation.

        22                      SENATOR HOLLAND:  This bill would

        23       make permanent provisions of the present law











                                                             
5318

         1       which authorizes until 30 June 1994 the release

         2       by the Department of Taxation and Finance of

         3       wage information to the Department of Social

         4       Services for the purpose of evaluating the

         5       effectiveness of employment and training

         6       programs.

         7                      This is a department -- this is a

         8       program bill and there will be an Assembly

         9       sponsor.

        10                      ACTING PRESIDENT SPANO:  Read the

        11       last section.

        12                      THE SECRETARY:  Section 2.  This

        13       act shall take effect immediately.

        14                      ACTING PRESIDENT SPANO:  Call the

        15       roll.

        16                      (The Secretary called the roll. )

        17                      THE SECRETARY:  Ayes 56.

        18                      ACTING PRESIDENT SPANO:  The bill

        19       is passed.

        20                      THE SECRETARY:  Calendar Number

        21       1230, by Senator Cook, Senate Bill Number 7667,

        22       an act in relation to the membership of certain

        23       police officers in the town of Fallsburg.











                                                             
5319

         1                      SENATOR GOLD:  Explanation.

         2                      ACTING PRESIDENT SPANO:  Senator

         3       Cook.

         4                      SENATOR COOK:  Mr. President, the

         5       town of Fallsburg passed a resolution authoriz

         6       ing its police officers to be covered under

         7       Section 384 (d) of the Retirement and Social

         8       Security Law.  The town tells us that it was

         9       their fault that, indeed, the application forms

        10       for the members were not forwarded to the state

        11       and, therefore, they are prepared to accept the

        12        -- the costs of having these members become

        13       members of the system.

        14                      SENATOR GOLD:  Will Senator Cook

        15       yield to a question?

        16                      SENATOR COOK:  Yes, sir.

        17                      ACTING PRESIDENT SPANO:  Senator

        18       Cook yields.

        19                      SENATOR GOLD:  Senator Cook, the

        20       Rules Committee, in the last few days, is

        21       starting to see this new brand of personnel bill

        22       and I want to get it out early as to what we're

        23       doing or not doing.  Do you know why this would











                                                             
5320

         1       not be covered by the Trunzo bill that we passed

         2       last year?

         3                      SENATOR COOK:  Senator, I asked

         4       the same question, and I'm led to believe that

         5       it has to do with a section of law that is being

         6       dealt with that, for some reason, the Trunzo

         7       bill -- and Senator Trunzo isn't here, but I'm

         8       led to believe that it wasn't included in the

         9       original Trunzo bill that was passed, and I

        10       think that probably it would be appropriate that

        11       that law be amended to have this section in

        12       there, but we're told by the Retirement System

        13       that it isn't covered by that law.

        14                      SENATOR GOLD:  Well, will the

        15       Senator yield to a question?

        16                      SENATOR COOK:  Yes.

        17                      ACTING PRESIDENT SPANO:  Senator

        18       continues to yield.

        19                      SENATOR GOLD:  Senator, I think

        20       that it's not telling any tales out of school

        21       that we will be around for a few days.  Why

        22       don't we lay this aside and have a bill put in

        23       under your name which makes the general change











                                                             
5321

         1       in the Trunzo law from last year, so that it

         2       affects all of these people instead of us

         3       starting now with a new tirade.

         4                      Now, it took -- it took about

         5       five years to get the Trunzo law where we

         6       started with about 10 or 15 of these bills and

         7       then it grew to hundreds of bills before we

         8       finally passed the law.  If we find that there

         9       are people such as this who should have been

        10       covered by the Trunzo bill and weren't, why

        11       don't we just hold your bill for a day or two

        12       and see if we can get the general law changed

        13       and take care of everybody?

        14                      SENATOR COOK:  I guess, Senator,

        15       the answer is, I don't really think these people

        16       want to wait for five years.

        17                      SENATOR GOLD:  Five days.

        18                      SENATOR COOK:  Well, as you

        19       indicated, last time it took five years and

        20       that's the way, unfortunately, it sometimes

        21       happens around here.  I -- I would certainly

        22       agree with you in principle that the entire law

        23       should be changed and, in fact, I'll be glad to











                                                             
5322

         1       ask Senator Trunzo to -- to proceed on that, but

         2       I will also tell you that we have been working

         3       with the sponsors in the Assembly on these

         4       bills, that I'm not prepared, frankly, to -- to

         5       submarine them at this point since all the work

         6       has been done on them, in order to let that

         7       other process move forward.  We don't have any

         8       assurance, for example, that the Governor would

         9       even sign a general bill.  Indeed we may be

        10       around here for some days yet, but I'm not -

        11       I'm not sure that this is the sort of thing that

        12       will get the top -- to the top of the agenda in

        13       that period of time and, in that interim, I

        14       think that the individual bill is -- I'd like to

        15       move forward with the individual bills.

        16                      SENATOR GOLD:  Well, Mr.

        17       President.

        18                      ACTING PRESIDENT SPANO:  Senator

        19       Gold.

        20                      SENATOR GOLD:  I think with the

        21       support of Senator Leichter, it took a lot of

        22       "no" votes and a lot of pointing out before we

        23       got to the point where we made the proper











                                                             
5323

         1       amendments.

         2                      I'm going to suggest to Senator

         3       Cook that if he wants to talk to Senator Trunzo,

         4       and I will, there can be a Trunzo-Cook-Leichter

         5       bill or whatever, that adds this in, and I don't

         6       believe the Governor wouldn't sign it, but I

         7       think that we're starting out in the same old

         8       nonsense where people put in private bills to

         9       get a benefit that the average citizen does not

        10       get unless the average citizen knows a legislat

        11       or, and it's a terrible way to do this, and -

        12       and I'm going to urge that Senator Leichter and

        13       I and anybody else wants to join vote no on

        14       these bills, and maybe that will encourage some

        15       general legislation.

        16                      SENATOR COOK:  Mr. President.

        17                      ACTING PRESIDENT SPANO:  Senator

        18       Cook.

        19                      SENATOR COOK:  I'd simply like to

        20       indicate, Senator, that when you say that the

        21       average citizen doesn't get the benefit, these

        22       bills were requested by the municipalities that

        23       are involved.  It's not a matter that some











                                                             
5324

         1       person from out in left field came in to us and

         2       says, "Can't you do me a special favor?"  The

         3       municipality calls us, tells us, "We obviously

         4       somewhere in the process messed up and we'd like

         5       to have the means of correcting it."

         6                      SENATOR GOLD:  Mr. President, on

         7       the bill.

         8                      ACTING PRESIDENT SPANO:  Senator

         9       Gold, on the bill.

        10                      SENATOR GOLD:  Mr. President,

        11       when it comes to honesty, Senator Cook doesn't

        12       need my affirmation but, if you want it, you got

        13       it.  That's not the issue.  I mean the issue is

        14       that, when it comes to little towns and little

        15       villages and municipalities throughout this

        16       state, all you need is -- is Joe or Harry or Tom

        17       about to retire and somebody says, Oh, my God,

        18       you know, if you were under this system or that

        19       system, the next thing you know one guy is

        20       lying, everybody is swearing to it and what the

        21       hell, and the municipality is going along with

        22       it, because it's run by this political party or

        23       that political party and this one knows that and











                                                             
5325

         1       that's exactly what shouldn't happen.  At least

         2       we shouldn't be the ones making the judgment.

         3                      Now, I don't know these people,

         4       and I don't want to suggest in any way that

         5       there was any shenanigans with this bill.  But

         6       as I've said so many times before, if we get to

         7       a point where we were before, Senator Cook,

         8       where we're dealing with 150, 200 bills, you

         9       know there's a crook in there some place.  I

        10       don't know which one, but you're asking me and

        11       other members of this Legislature to be the

        12       judges in cases where we don't have the facts

        13       and we don't know what's goin' on.

        14                      So to refresh everybody's

        15       recollection, we passed the Trunzo bill which

        16       set up an administrative procedure and then

        17       people didn't have to come to the Legislature.

        18       They could just make the filings, the town could

        19       show the proof, the adjustments could be made

        20       and we were out of it, but the concept of us

        21       being in it when we don't know any of the facts

        22       involved is ludicrous, and it has nothing to do

        23       with this particular situation, Senator Cook,











                                                             
5326

         1       because I know you wouldn't touch something with

         2       a ten-foot pole unless you knew it was honest.

         3       But the point is, we really don't know any more

         4       than we hear from the municipalities and it's a

         5       dangerous precedent.

         6                      ACTING PRESIDENT SPANO:  Home

         7       rule message is at the desk.  Read the last

         8       section.

         9                      THE SECRETARY:  Section 2.  This

        10       act shall take effect immediately.

        11                      ACTING PRESIDENT SPANO:  Call the

        12       roll.

        13                      (The Secretary called the roll. )

        14                      THE SECRETARY:  Ayes 53, nays 4,

        15       Senators Dollinger, Gold, Leichter and

        16       Montgomery recorded in the negative.

        17                      ACTING PRESIDENT SPANO:  The bill

        18       is passed.

        19                      THE SECRETARY:  Calendar Number

        20       1232, by Senator Larkin, Senate Bill Number

        21       7894, an act to amend the Navigation Law.

        22                      SENATOR GOLD:  Explanation,

        23       please.











                                                             
5327

         1                      ACTING PRESIDENT SPANO:  Senator

         2       Larkin.

         3                      SENATOR LARKIN:  This bill

         4       exempts volunteer fire fighting companies and

         5       districts and protection districts or

         6       departments from strict liability for any

         7       pollution discharge of the petroleum products if

         8       the discharge occurs during the performance of

         9       the fire fighting duties.  However, the

        10       individuals or companies would still be liable

        11       for any negligent actions.  This is as a result

        12       of a court case.

        13                      ACTING PRESIDENT SPANO:  Senator

        14       Gold.

        15                      SENATOR LARKIN:  It was put in as

        16       a result of a court case.

        17                      SENATOR GOLD:  Yes, I just want

        18       to inform the body that this is, in fact, a

        19       result of a court case, and the New York State

        20       Trial Lawyers is in opposition to it and they

        21       are concerned about the blanket immunity of a

        22       class of potential tortfeasors.

        23                      ACTING PRESIDENT SPANO:  Read the











                                                             
5328

         1       last section.

         2                      THE SECRETARY:  Section 2.  This

         3       act shall take effect immediately.

         4                      ACTING PRESIDENT SPANO:  Call the

         5       roll.

         6                      (The Secretary called the roll.)

         7                      THE SECRETARY:  Ayes 57.

         8                      ACTING PRESIDENT SPANO:  The bill

         9       is passed.

        10                      THE SECRETARY:  Calendar Number

        11       1243, by Senator Kuhl, Senate Bill Number 8460,

        12       an act in relation to membership in State Police

        13       20-year retirement plan.

        14                      SENATOR GOLD:  Explanation.

        15                      SENATOR PRESENT:  Lay it aside

        16       temporarily.

        17                      ACTING PRESIDENT SPANO:  Lay it

        18       aside temporarily.

        19                      THE SECRETARY:  Calendar Number

        20       1245, by Senator Cook, Senate Bill Number 8514,

        21       in relation to eligibility for the optional

        22       20-year retirement plan.

        23                      SENATOR GOLD:  Explanation.











                                                             
5329

         1                      ACTING PRESIDENT SPANO:  Senator

         2       Cook.

         3                      SENATOR COOK:  Mr. President,

         4       this bill is practically like the other one

         5       except that in this case, the town says that the

         6       forms were, in fact, entered; Retirement System

         7       denies that they were received.  There's nobody

         8       who is able to ascertain exactly what did happen

         9       on either side of the aisle at this point.

        10                      The point, however, is that

        11       there's no more costs involved than there would

        12       have been had the forms, indeed, been received

        13       on -- in a timely manner and it's -- it's really

        14       another -- the same section of the law, the same

        15       general set of circumstances.

        16                      ACTING PRESIDENT SPANO:  Senator

        17       Leichter.

        18                      SENATOR LEICHTER:  Mr. President,

        19       I think that Senator Gold, in our previous

        20       debate on a Senator Cook bill, I think, gave the

        21       reason why at least some of us feel that it's

        22       unwise to once again get into the process of

        23       trying to pass on these pension applications,











                                                             
5330

         1       but one thing which sort of triggers my interest

         2       is that we've got 61 members of the Legislature

         3       here.  I notice last year that apparently people

         4       who are represented by Democrats seemed to be

         5       more careful in making their pension

         6       applications because we see almost no bills from

         7       this side of the aisle.

         8                      But now, I'm able to make another

         9       observation, that of those people represented by

        10       Republicans, that those in Ulster County repre

        11       sented by Senator Cook seem to be much less

        12       careful than other people represented by

        13       Republican Senators.

        14                      I never, you know, see these

        15       bills come out in any other part of the state,

        16       or rarely.  So, Senator Cook, maybe you ought to

        17       give some -- in your news letter, maybe have a

        18       little note in there how to make out pension

        19       applications, or what good -- a good post office

        20       to mail it, but I think it's unfortunate that

        21       once we thought we had laid this whole process

        22       to rest, to find out that we didn't, and I think

        23       that Senator Gold made a good suggestion that we











                                                             
5331

         1       ought to amend that Trunzo bill and cover this

         2       particular provision of the law.  I can't

         3       understand why it wasn't covered, but if you say

         4       it wasn't, I assume it isn't, but I think that

         5       we really ought to, you know, avoid getting

         6       caught into this whole process again.

         7                      ACTING PRESIDENT SPANO:  Senator

         8       Cook.

         9                      SENATOR COOK:  Mr. President,

        10       Senator Leichter, I'll be glad in the next news

        11       letter we'll list you as a consultant on all

        12       retirement matters.  Anyone can contact you and

        13       have this resolved.

        14                      ACTING PRESIDENT SPANO:  Home

        15       rule message is at the desk.

        16                      SENATOR DOLLINGER:  Mr.

        17       President.

        18                      ACTING PRESIDENT SPANO:  I'm

        19       sorry.  Senator Dollinger.

        20                      SENATOR DOLLINGER:  Will the

        21       sponsor yield to a question?

        22                      ACTING PRESIDENT SPANO:  Senator

        23       Cook?  Senator Cook yields.











                                                             
5332

         1                      SENATOR DOLLINGER:  Senator, I'm

         2       just interested in the finite question of the

         3       fiscal implications of this.  It says "the

         4       remaining costs of $315,000 will be socialized

         5       by all remaining members of the system."  Can

         6       you tell me what that means?

         7                      SENATOR COOK:  It means, Senator,

         8       that the people in this case as opposed to the

         9       other case where the town clearly said it's

        10       their responsibility, that in this case the town

        11       is saying, We mailed it, we don't know why the

        12       system didn't get it, but we think it should be

        13       deemed that it was -- that it was filed in a

        14       timely manner, because we sent them in and it

        15       isn't really the town who is going to suffer if

        16       we don't do this, it's going to be the

        17       individual police officers.

        18                      SENATOR DOLLINGER:  Just, again,

        19       through you, Mr. President, if Senator Cook will

        20       again yield.

        21                      SENATOR COOK: Yes.

        22                      SENATOR DOLLINGER:  Does that

        23       mean that $315,000 that would again be available











                                                             
5333

         1       for benefits to people who are currently in the

         2       system would go to pay for the benefits for

         3       these individuals?

         4                      SENATOR COOK:  Well, what it

         5       means, Senator, is that that amount of money

         6       which would have been paid had the piece of

         7       paper been received last year will nevertheless

         8       be paid even though the piece of paper was

         9       received this year.

        10                      SENATOR DOLLINGER:  O.K.  But

        11       again through you, Mr. President, just so I

        12       understand, the $315,000, is that paid for by

        13       the local communities or is that simply money

        14       that comes out of the pension system based on

        15       additional contributions from other people?

        16                      SENATOR COOK:  It's the -- it

        17       makes the members of the pension system in the

        18       same manner as if they had been enrolled at the

        19       time that they were -- that they first did, in

        20       fact, individually fill out the piece of paper

        21       and somebody put them in the mail to get to

        22       Albany, and the town is indeed saying it will

        23       make its contribution, dated from that date











                                                             
5334

         1       forward, because it considers that to be the

         2       service -- the point at which it was liable for

         3       contributing, and it's, in effect, simply making

         4       these members eligible for the same benefit that

         5       they would have been eligible for under any

         6       other circumstances.

         7                      SENATOR DOLLINGER:  Again just so

         8       I understand it.  The $315,000 isn't coming from

         9       the town; it's coming out of the pension system,

        10       this is what they will be paid out of?

        11                      SENATOR COOK:  It's a pro rated

        12       benefit that all other towns in the state are

        13       getting, yes.

        14                      SENATOR DOLLINGER:  Just on the

        15       bill briefly.

        16                      ACTING PRESIDENT SPANO:  Senator

        17       Dollinger on the bill.

        18                      SENATOR DOLLINGER:  I think that

        19       my brief colloquy with Senator Cook highlights

        20       the point that Senator Gold makes, in that it

        21       appears that we're making an adjudication that

        22       the town was not responsible and that the

        23       officers weren't responsible, so instead the











                                                             
5335

         1       beneficiaries of the pension system are now

         2       going to pay the money to cover this.

         3                      I'd simply point this out because

         4       at least in my recollection, the discussion

         5       about a supplement and a COLA for the members of

         6       the pension system in New York State, one of the

         7       things that the Comptroller has said is that

         8       there are extra funds available, several hundred

         9       million dollars, which are accrued additional

        10       benefits beyond those that are required to meet

        11       the actuarial assumptions of the pension

        12       system.

        13                      What it seems to me we're doing

        14       in this little bill is, we're taking a little

        15       tiny piece of that and saying that we're going

        16       to give it to these 11 officers and we're making

        17       an adjudication today based on what Senator Cook

        18       said that it wasn't the officer's fault, it

        19       wasn't the town's fault, but yet the mail was

        20       never received and I think, much as Senator Gold

        21       explained, that that kind of justification needs

        22       some kind of case-by-case determination based on

        23       evidence.











                                                             
5336

         1                      I thought we did all that in the

         2       Trunzo bill last year.  The reason why we did it

         3       is because we said we couldn't be judge and jury

         4       over these pension matters.  I have great

         5       sympathy for the plight of these officers.  I

         6       have great sympathy for the plight of a town who

         7       says, We think we did it and we can't tell you

         8       why we're not in, but it seems to me this ought

         9       to be adjudicated through the pension system and

        10       not resolved in this fashion when we don't have

        11       enough information to make an adjudication that

        12       holds the pension fund liable for $315,000 in

        13       other people's money that we're now about to

        14       give to these 11 officers.

        15                      I understand the Senator's

        16       position and his sponsorship, but I just think

        17       this is the wrong forum to adjudicate that.

        18                      ACTING PRESIDENT SPANO:  Home

        19       rule message is at the desk.  Read the last

        20       section.

        21                      THE SECRETARY:  Section 2.  This

        22       act shall take effect immediately.

        23                      ACTING PRESIDENT SPANO:  Call the











                                                             
5337

         1       roll.

         2                      (The Secretary called the roll. )

         3                      THE SECRETARY:  Ayes 54, nays 3,

         4       Senators Dollinger, Gold and Leichter recorded

         5       in the negative.

         6                      ACTING PRESIDENT SPANO:  The bill

         7       is passed.

         8                      THE SECRETARY:  Calendar Number

         9       1248, by Senator Nozzolio, Senate Bill Number

        10       8575, an act to amend the Tax Law.

        11                      SENATOR GOLD:  Hold on.

        12                      ACTING PRESIDENT SPANO:  Read the

        13       last section.

        14                      THE SECRETARY:  Section 2.  This

        15       act shall take effect immediately.

        16                      ACTING PRESIDENT SPANO:  Call the

        17       roll.

        18                      (The Secretary called the roll. )

        19                      THE SECRETARY:  Ayes 57.

        20                      ACTING PRESIDENT SPANO:  The bill

        21       is passed.

        22                      Senator Stafford, that's it?

        23                      Senator Present, that completes











                                                             
5338

         1       our controversial.

         2                      SENATOR GOLD:  On behalf of

         3       Senator Smith, I believe there's a resolution at

         4       the desk if we could have it read and could move

         5       its adoption.

         6                      ACTING PRESIDENT SPANO:  Yes.

         7       Secretary will read the title of the resolution.

         8                      THE SECRETARY:  Legislative

         9       Resolution, by Senator Smith and also Senator

        10       Montgomery, honoring actress/singer Melba Moore

        11       in recognition of her dedicated efforts in

        12       behalf of women's organizations aiding abused

        13       women, upon the occasion of the African Street

        14       Festival on July 1st, 1994.

        15                      ACTING PRESIDENT SPANO:  Question

        16       is on the resolution.  All those in favor

        17       signify by saying aye.

        18                      (Response of "Aye.")

        19                      Opposed nay.

        20                      (There was no response. )

        21                      The resolution is adopted.

        22                      Senator Present.

        23                      SENATOR GOLD:  May I inquire, is











                                                             
5339

         1       Calendar 1241 still in the house?

         2                      ACTING PRESIDENT SPANO:  Senator

         3       Gold, that bill is not in the house.

         4                      SENATOR GOLD:  All right.  Thank

         5       you.

         6                      SENATOR PRESENT:  Housekeeping?

         7                      ACTING PRESIDENT SPANO:  Any more

         8       housekeeping?

         9                      (There was no response. )

        10                      Senator Present.

        11                      SENATOR PRESENT:  Mr. President,

        12       there being no further business, I move that we

        13       adjourn until tomorrow at 11:00 a.m.

        14                      ACTING PRESIDENT SPANO:  Senate

        15       will stand adjourned until tomorrow at 11:00

        16       a.m.

        17                      (Whereupon at 5:05 p.m., the

        18       Senate adjourned.)

        19

        20

        21

        22

        23