Regular Session - April 29, 1996

                                                                 
3976

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         8                    ALBANY, NEW YORK

         9                     April 29, 1996

        10                        3:09 p.m.

        11

        12

        13                     REGULAR SESSION

        14

        15

        16

        17       SENATOR JOHN R. KUHL, JR., Acting President

        18       STEPHEN F. SLOAN, Secretary

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        20

        21

        22

        23











                                                             
3977

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

         2                  ACTING PRESIDENT KUHL:  The  Senate

         3       will come to order.  I ask the members to find

         4       their places, staff to find their places.

         5                     I would ask everybody to rise and

         6       join with me in saying the Pledge of Allegiance

         7       to the flag.

         8                     (The assemblage repeated the

         9       Pledge of Allegiance to the Flag.)

        10                     In the absence of clergy, may we

        11       bow our heads in a moment of silence.

        12                     (A moment of silence was

        13       observed.)

        14                     Reading of the Journal.

        15                     THE SECRETARY:   In Senate,

        16       Sunday, April 28.  The Senate met pursuant to

        17       adjournment, Senator Farley in the Chair upon

        18       designation of the Temporary President.  The

        19       Journal of Saturday, April 27th, was read and

        20       approved.   On motion, Senate adjourned.

        21                     ACTING PRESIDENT KUHL:  Hearing no

        22       objection the Journal stands approved as

        23       read.











                                                             
3978

         1                     Presentation of petitions.

         2                     Messages from the Assembly.

         3                     Messages from the Governor.

         4                     Reports of standing committees.

         5                     Reports of select committees.

         6                     Communications and reports from

         7       state officers.

         8                     Motions and resolutions.

         9                     Senator Libous.

        10                     SENATOR LIBOUS:   Thank you, Mr.

        11       President.

        12                     On behalf of myself, would you

        13       please place a sponsor's star on Calendar Number

        14       757.

        15                     ACTING PRESIDENT KUHL:   At the

        16       request of the sponsor, Calendar Number 757 is

        17       starred.

        18                     Senator Libous.

        19                     SENATOR LIBOUS:  Mr. President, on

        20       page 47, I offer the following amendments to

        21       Calendar Number 364, Senate Print Number 4440,

        22       and ask that said bill retain its place on the

        23       Third Reading Calendar.











                                                             
3979

         1                     ACTING PRESIDENT KUHL:

         2       Amendments are received and adopted.  The bill

         3       will retain its place on the Third Reading

         4       Calendar.

         5                     Senator Libous.

         6                     SENATOR LIBOUS:  Mr. President, on

         7       page 48, I offer the following amendments to

         8       Calendar 507, Senate Print 6219, and ask that

         9       said bill retain its place on the Third Reading

        10       Calendar.

        11                     ACTING PRESIDENT KUHL:  Amendments

        12       to Calendar 507, that was, Senator, the one you

        13       just announced?

        14                     SENATOR LIBOUS:   507, that is

        15       correct, Calendar Number 507.

        16                     ACTING PRESIDENT KUHL:  507,

        17       Amendments received and adopted.  The bill will

        18       retain its place on the Third Reading Calendar.

        19                     Senator Libous.

        20                     SENATOR LIBOUS:  Mr. President,

        21       on page 36, I offer the following amendments to

        22       Calendar Number 670, Senate Print Number 6355,

        23       and ask that said bill retain its place on the











                                                             
3980

         1       Third Reading Calendar.

         2                     ACTING PRESIDENT KUHL:

         3       Amendments are received and adopted.  The bill

         4       will retain its place on the Third Reading

         5       Calendar.

         6                     Senator Libous.

         7                     SENATOR LIBOUS:  Mr. President, on

         8       behalf of Senator Holland, I would like to call

         9       up his bill, Print Number 32A, recalled from the

        10       Assembly, which is now at the desk.

        11                     ACTING PRESIDENT KUHL:  The

        12       Secretary will read.

        13                     THE SECRETARY:   Calendar Number

        14       558, by Senator Holland, Senate Print 32A, an

        15       act to amend the Highway Law, in relation to

        16       increasing bond indebtedness.

        17                     ACTING PRESIDENT KUHL:  Senator

        18       Libous.

        19                     SENATOR LIBOUS:   Mr. President, I

        20       now move to reconsider the vote by which this

        21       bill was passed.

        22                     ACTING PRESIDENT KUHL: Secretary

        23       will call the roll on reconsideration.











                                                             
3981

         1                     (The Secretary called the roll on

         2       reconsideration.)

         3                     THE SECRETARY:  Ayes 47.

         4                     ACTING PRESIDENT KUHL:  Senator

         5       Libous.

         6                     SENATOR LIBOUS:   Mr. President, I

         7       offer up the following amendments.

         8                     ACTING PRESIDENT KUHL:

         9       Amendments received and adopted.

        10                     Senator Libous.

        11                     SENATOR LIBOUS:  Mr. President, on

        12       behalf of Senator Saland, I wish to call up his

        13       Print Number 3502A, recalled from the Assembly,

        14       which is now at the desk.

        15                     ACTING PRESIDENT KUHL:  Secretary

        16       will read.

        17                     THE SECRETARY:   Calendar Number

        18       274, by Senator Saland, Senate Print 3502A, an

        19       act to amend the Real Property Tax Law.

        20                     ACTING PRESIDENT KUHL: Senator

        21       Libous.

        22                     SENATOR LIBOUS:  Mr. President, I

        23       now move to reconsider the vote by which this











                                                             
3982

         1       bill was passed.

         2                     ACTING PRESIDENT KUHL: Secretary

         3       will call the roll on reconsideration.

         4                       (The Secretary called the roll

         5       on reconsideration.)

         6                     THE SECRETARY:  Ayes 50.

         7                     ACTING PRESIDENT KUHL:   Senator

         8       Libous.

         9                     SENATOR LIBOUS:   Mr. President, I

        10       offer up the following amendments.

        11                     ACTING PRESIDENT KUHL:  Amendments

        12       received and adopted.

        13                     Senator Bruno, we have two

        14       substitutions at the desk, what's your pleasure?

        15                     SENATOR BRUNO:   Make the

        16       substitutions, please.

        17                     ACTING PRESIDENT KUHL: Secretary

        18       will read the substitution.

        19                     THE SECRETARY:   On page 13,

        20       Senator Tully moves to discharge from the

        21       Committee on Environmental Conservation,

        22       Assembly Bill Number 2690 and substitute it for

        23       the identical Third Reading Calendar 166.











                                                             
3983

         1                     On page 16, Senator LaValle moves

         2       to discharge from the Committee on Codes

         3       Assembly Bill Number 5796B and substitute it for

         4       the identical Third Reading Calendar 329.

         5                     ACTING PRESIDENT KUHL:

         6       Substitutions are ordered.

         7                     Senator Bruno.

         8                     SENATOR BRUNO:   Mr. President, I

         9       believe there's a resolution at the desk by

        10       Senator Levy.  I would ask that the title be

        11       read and that we move its adoption.

        12                     ACTING PRESIDENT KUHL:   There is

        13       a privileged resolution at the desk, I'll ask

        14       the Secretary to read the title.

        15                     THE SECRETARY:  By Senator Levy,

        16       legislative resolution honoring John Kanas upon

        17       the occasion of his designation as recipient of

        18       the Long Island Commerce and Industry Division

        19       of State of Israel Bonds' "Jerusalem 3000"

        20       award.

        21                     ACTING PRESIDENT KUHL:   Question

        22       is on the resolution.  All those in favor

        23       signify by saying aye.











                                                             
3984

         1                     (Response of aye.)

         2                     Opposed nay.

         3                     (There was no response.)

         4                     The resolution is adopted.

         5                     The Chair recognizes Senator

         6       Stafford.

         7                     SENATOR STAFFORD: Mr. President,

         8       could we please announce a Finance Committee

         9       meeting immediately in Room 332.

        10                     ACTING PRESIDENT KUHL:   There

        11       will be an immediate meeting of the Senate

        12       Finance Committee in the Senate Majority

        13       Conference Room, Room 332.  Immediate meeting of

        14       the Senate Finance Committee in the Majority

        15       Conference Room, Room 332.

        16                     Senator Bruno, that brings us to

        17       the Calendar.

        18                      SENATOR BRUNO: Mr. President,

        19       can we, at this time, take up the non

        20       controversial calendar.

        21                     ACTING PRESIDENT KUHL: Secretary

        22       will read the non-controversial calendar.

        23                     THE SECRETARY:   On page 16,











                                                             
3985

         1       Calendar Number 323, by Senator Volker, Senate

         2       Print 2957C, an act to amend the Civil Rights

         3       Law, in relation to providing for limited

         4       immunity from civil liability.

         5                     ACTING PRESIDENT KUHL: Secretary

         6       will read the last section.

         7                     THE SECRETARY:   Section 2.  This

         8       act shall take effect on the first day of

         9       November.

        10                     ACTING PRESIDENT KUHL:  Call the

        11       roll.

        12                     (The Secretary called the roll.)

        13                     ACTING PRESIDENT KUHL:  Announce

        14       the results -- Senator DeFrancisco, to explain

        15       your vote.

        16                     SENATOR DeFRANCISCO:  Yes.  I'm

        17       going vote in the negative.  I think that

        18       although this is a well-intentioned bill, I

        19       think it's a precedent that can be used in many,

        20       many other instances to limit liability based

        21       upon who or what class of individuals happen to

        22       be the individuals that are negligent, and for

        23       that reason, I'm going to vote no.











                                                             
3986

         1                     ACTING PRESIDENT KUHL:  Announce

         2       the results.

         3                     THE SECRETARY:  Ayes 50, nays 1,

         4       Senator DeFrancisco recorded in the negative.

         5                     ACTING PRESIDENT KUHL:   The bill

         6       is passed.

         7                     THE SECRETARY:   Calendar Number

         8       355, by Senator Liebell, Senate Print 2709, an

         9       act to amend the Labor Law, in relation to

        10       additional eligibility requirements.

        11                     SENATOR BRUNO:   Lay it aside,

        12       please, at the request of the sponsor.

        13                     ACTING PRESIDENT KUHL:  Lay the

        14       bill aside for the day at the request of the

        15       sponsor.

        16                     THE SECRETARY:  Calendar Number

        17       407, by Senator Holland, Senate Print 5072B, an

        18       act to permit the reopening of the optional 20

        19       year retirement plan to Douglas P. Hoering.

        20                     ACTING PRESIDENT KUHL:   There's a

        21       home rule message at the desk.  Secretary will

        22       read the last section.

        23                     SENATOR LEICHTER:   Lay it aside.











                                                             
3987

         1                     ACTING PRESIDENT KUHL:   Lay the

         2       bill aside.

         3                     THE SECRETARY:   Calendar Number

         4       425, by member of the Assembly Colman, Assembly

         5       Print 1865B, an act to amend the Executive Law,

         6       in relation to energy purchasing programs of the

         7       state.

         8                     ACTING PRESIDENT KUHL:  Secretary

         9       will read the last section.

        10                     THE SECRETARY:   Section 2.  This

        11       act shall take effect immediately.

        12                     ACTING PRESIDENT KUHL:   Call the

        13       roll.

        14                     (The Secretary called the roll.)

        15                     SENATOR BRUNO:   Lay it aside, Mr.

        16       President, on behalf of the sponsor.

        17                     ACTING PRESIDENT KUHL:   Lay the

        18       bill aside for the day at the request of the

        19       sponsor.

        20                     THE SECRETARY:  Calendar Number

        21       449 -

        22                     SENATOR BRUNO:   Same for Calendar

        23       449.











                                                             
3988

         1                     ACTING PRESIDENT KUHL:   Lay

         2       Calendar 449 aside for the day at the request of

         3       the sponsor.

         4                     THE SECRETARY:   Calendar Number

         5       492, by Senator Padavan, Senate Print 1286, an

         6       act to amend the Agriculture and Markets Law, in

         7       relation to spectators at exhibitions of animal

         8       fighting.

         9                     ACTING PRESIDENT KUHL:  Secretary

        10       will read the last section.

        11                     THE SECRETARY:  Section 2.   This

        12       act shall take effect on the first day of

        13       November.

        14                     ACTING PRESIDENT KUHL:  Call the

        15       roll.

        16                      (The Secretary called the roll.)

        17                     THE SECRETARY:  Ayes 51.

        18                     ACTING PRESIDENT KUHL:  The bill

        19       is passed.

        20                     THE SECRETARY:   Calendar Number

        21       534, by Senator Farley, Senate Print 18 -

        22                     SENATOR DOLLINGER:   Lay it aside.

        23                     ACTING PRESIDENT KUHL:   Lay the











                                                             
3989

         1       bill aside.

         2                     THE SECRETARY:   Calendar Number

         3       543, by Senator Goodman, Senate Print 3424C, an

         4       act to amend the Administrative Code of the City

         5       of New York, in relation to a credit against the

         6       unincorporated business income tax.

         7                     ACTING PRESIDENT KUHL: Secretary

         8       will read the last section.

         9                     THE SECRETARY:   Section 18.  This

        10       act shall take effect immediately.

        11                     ACTING PRESIDENT KUHL:  Call the

        12       roll.

        13                     (The Secretary called the roll.)

        14                     THE SECRETARY:  Ayes 51.

        15                      ACTING PRESIDENT KUHL: The bill

        16       is passed.

        17                     THE SECRETARY:   Calendar Number

        18       549, by member of Assembly Weinstein, Assembly

        19       Print 5786, an act to amend the Real Property

        20       Law, in relation to the right to receive a copy

        21       of an appraisal of real property.

        22                     ACTING PRESIDENT KUHL:  Secretary

        23       will read the last section.











                                                             
3990

         1                     THE SECRETARY:   Section 2.  This

         2       act shall take effect immediately.

         3                     ACTING PRESIDENT KUHL:   Call the

         4       roll.

         5                     (The Secretary called the roll.)

         6                     THE SECRETARY:  Ayes 51.

         7                     ACTING PRESIDENT KUHL:   The bill

         8       is passed.

         9                     THE SECRETARY:   Calendar Number

        10       567, by Senator Maltese, Senate Print 5270, an

        11       act to amend the Vehicle and Traffic Law, in

        12       relation to denying registration of vehicles

        13       owned by scofflaws.

        14                     ACTING PRESIDENT KUHL:  Secretary

        15       will read the last section.

        16                     THE SECRETARY:   Section 2.  This

        17       act shall take effect immediately.

        18                     ACTING PRESIDENT KUHL:   Call the

        19       roll.

        20                     (The Secretary called the roll.)

        21                     THE SECRETARY:  Ayes 51.

        22                     ACTING PRESIDENT KUHL:   The bill

        23       is passed.











                                                             
3991

         1                     THE SECRETARY:   Calendar Number

         2       570, by Senator Lack, Senate Print 6301, an act

         3       in relation to granting the Department of

         4       Transportation the authority to enter into

         5       contracts.

         6                     ACTING PRESIDENT KUHL:  Secretary

         7       will read the last section.

         8                     THE SECRETARY:   Section 2.  This

         9       act shall take effect immediately.

        10                     ACTING PRESIDENT KUHL:   Call the

        11       roll.

        12                     (The Secretary called the roll.)

        13                     THE SECRETARY:  Ayes 51.

        14                     ACTING PRESIDENT KUHL:   The bill

        15       is passed.

        16                     THE SECRETARY:   Calendar Number

        17       593, by Senator Stafford, Senate Print 5920A, an

        18       act to amend the Environmental Conservation Law,

        19       in relation to county responsibility for forest

        20       fire expenses.

        21                     ACTING PRESIDENT KUHL:   There's a

        22       local fiscal impact note at the desk.  The

        23       Secretary will read the last section.











                                                             
3992

         1                     THE SECRETARY:   Section 2.  This

         2       act shall take effect immediately.

         3                     ACTING PRESIDENT KUHL:   Call the

         4       roll.

         5                     (The Secretary called the roll.)

         6                     THE SECRETARY:  Ayes 51.

         7                     ACTING PRESIDENT KUHL:   The bill

         8       is passed.

         9                     THE SECRETARY:   Calendar Number

        10       595, by Senator Kuhl, Senate Print 3235, an act

        11       to amend the New York State Urban Development

        12       Corporation Act, the Omnibus Economic

        13       Development Act of 1987 and the Economic

        14       Development Law.

        15                      ACTING PRESIDENT KUHL: The

        16       Secretary will read the last section.

        17                     THE SECRETARY:   Section 5.  This

        18       act shall take effect immediately.

        19                     ACTING PRESIDENT KUHL:   Call the

        20       roll.

        21                    (The Secretary called the roll.)

        22                     THE SECRETARY:  Ayes 51.

        23                     ACTING PRESIDENT KUHL:   The bill











                                                             
3993

         1       is passed.

         2                     THE SECRETARY:   Calendar Number

         3       612, by Senator Levy, Senate Print 773 -

         4                     SENATOR DOLLINGER:  Lay it aside.

         5                     ACTING PRESIDENT KUHL:   Lay the

         6       bill aside.

         7                     THE SECRETARY:   Calendar Number

         8       790, by Senator Larkin, Senate Print 7377, an

         9       act to amend Chapter 708 of the Laws of 1992

        10       amending the General Municipal Law.

        11                     ACTING PRESIDENT KUHL:  Secretary

        12       will read the last section.

        13                     THE SECRETARY:   Section 2.  This

        14       act shall take effect immediately.

        15                      ACTING PRESIDENT KUHL: Call the

        16       roll.

        17                     (The Secretary called the roll.)

        18                     THE SECRETARY:  Ayes 51.

        19                     ACTING PRESIDENT KUHL:   The bill

        20       is passed.

        21                     Senator Bruno, that completes the

        22       non-controversial calendar.

        23                     SENATOR BRUNO:   Mr. President,











                                                             
3994

         1       can we, at this time, take up the controversial

         2       calendar.

         3                     ACTING PRESIDENT KUHL:  Secretary

         4       will read the controversial calendar.

         5                     THE SECRETARY:   On page 19,

         6       Calendar Number 407, by Senator Holland, Senate

         7       Print 5072B, an act to permit the reopening of

         8       the optional 20 year retirement plan.

         9                     ACTING PRESIDENT KUHL: Secretary

        10       will read the last section.

        11                     THE SECRETARY:   Section 2.  This

        12       act shall take effect -

        13                     SENATOR PATERSON:  Mr. President.

        14                     ACTING PRESIDENT KUHL:   Senator

        15       Paterson, why do you rise?

        16                     SENATOR PATERSON:   I noticed, Mr.

        17       President, that Senator Leichter laid this bill

        18       aside and I believe he's at the Finance

        19       Committee meeting.  Might we hold this just a

        20       second pending his arrival?

        21                     ACTING PRESIDENT KUHL:   Senator

        22       Skelos, what's your pleasure?

        23                     SENATOR SKELOS:  No objection.











                                                             
3995

         1                     ACTING PRESIDENT KUHL:  Okay.

         2       We'll lay the bill aside temporarily.

         3                     Continue to call the contro

         4       versial calendar.

         5                     THE SECRETARY:   Calendar Number

         6       534, by Senator Farley, Senate Print 1861, an

         7       act to amend Election Law and the State Finance

         8       Law, in relation to requiring proposition

         9       authorizing the creation of a state debt.

        10                     ACTING PRESIDENT KUHL:   Senator

        11       Paterson.

        12                     SENATOR PATERSON:  Mr. President,

        13       same trouble.  Senator Dollinger laid this bill

        14       aside, and he is also attending that Finance

        15       Committee meeting.

        16                     ACTING PRESIDENT KUHL:  Senator

        17       Skelos.

        18                     SENATOR SKELOS:  Mr. President, if

        19       I could ask Senator Paterson a question.  Is

        20       there a Minority Conference going on or some

        21       reason why we're not prepared to debate these?

        22       They're in Finance?  Okay, no objection.

        23                     ACTING PRESIDENT KUHL:   Lay the











                                                             
3996

         1       bill aside temporarily.

         2                     Secretary will continue to call

         3       the controversial calendar.

         4                     THE SECRETARY:   Calendar Number

         5       612, by Senator Levy, Senate Print 773, an act

         6       to amend the Penal Law, in relation to including

         7       the theft of cats and dogs.

         8                     ACTING PRESIDENT KUHL:   Senator

         9       Paterson.

        10                     SENATOR PATERSON:  Mr. President,

        11       I would just like, because there are some

        12       members outside the chamber who were called

        13       there by the Acting Majority Leader, I would

        14       just like the record to reflect that last year

        15       Senators Abate, Babbush, Leichter, Gold,

        16       Mendez, Montgomery and Waldon voted against this

        17       bill.

        18                     ACTING PRESIDENT KUHL:  Secretary

        19       will read the last section.

        20                     THE SECRETARY:   Section 3.  This

        21       act shall take effect on the first day of

        22       November.

        23                     ACTING PRESIDENT KUHL:   Call the











                                                             
3997

         1       roll.

         2                     (The Secretary called the roll.)

         3                     THE SECRETARY:  Ayes 51.

         4                     ACTING PRESIDENT KUHL:   The bill

         5       is passed.

         6                     Senator Bruno, we have one

         7       substitution at the desk, if you would like to

         8       take that up at this time.

         9                     SENATOR BRUNO:   Please make the

        10       substitution.

        11                     ACTING PRESIDENT KUHL:   Return to

        12       motions and resolutions.

        13                     Secretary will read the

        14       substitution.

        15                      THE SECRETARY: On page 42,

        16       Senator Trunzo moves to discharge from the

        17       Committee on Civil Service and Pensions,

        18       Assembly Bill Number 9530, and substitute it for

        19       the identical Third Reading Calendar 728.

        20                     ACTING PRESIDENT KUHL:   The

        21       substitution is ordered.

        22                     Senator Bruno.

        23                     SENATOR BRUNO:   Mr. President,











                                                             
3998

         1       can we at this time take up Calendar Number 534.

         2                     ACTING PRESIDENT KUHL:  Secretary

         3       will read Calendar Number 534.

         4                     THE SECRETARY:   Calendar Number

         5       534, by Senator Farley, Senate Print 1861, an

         6       act to amend the Election Law and the State

         7       Finance Law in relation to requiring proposition

         8       authorizing the creation of a state debt.

         9                     SENATOR DOLLINGER:   Explanation.

        10                     ACTING PRESIDENT KUHL:   Senator

        11       Farley, an explanation of Calendar Number 534

        12       has been asked for by Senator Dollinger.

        13                      SENATOR FARLEY: Happy to

        14       explain it.

        15                     This is a bill, incidentally, that

        16       has passed the last two years, I think

        17       unanimously.  The bill amends the Election Law

        18       to require that a bond issue proposition that is

        19       on the state ballot contain an estimate of the

        20       total amount to be repaid by the taxpayers, both

        21       principal and interest.  At present, only the

        22       principal is listed.

        23                     This bill passed the Senate in











                                                             
3999

         1       March, 1995; in March, '94; in March, '93, all

         2       three times unanimously, Senator Dollinger

         3       voting to support it.

         4                     In summary -- I've got a summary

         5       of that debate.  The bill is intended to improve

         6       the information available to voters when they

         7       decide to issue a bond issue proposition.

         8                     You know, when people take out a

         9       mortgage to buy a house or a loan to buy a car

        10       or other expensive item, they understand the

        11       amount which they pay back will include

        12       interest and, hence, will be more than the

        13       principal amount of the loan.  In fact, the

        14       state and federal laws require that lenders

        15       prominently display interest rate information in

        16       its advertising to show the cumulative total

        17       interest payment in loan documents.

        18                     This bill would place bond issue

        19       propositions in a similar status as consumer

        20       borrowing requiring disclosure of the total

        21       expected cost.  The bill is designed to reflect

        22       administrative reality, providing for an

        23       estimate only of total cost inasmuch as the











                                                             
4000

         1       actual interest rate at which obligations can be

         2       sold can only be approximated in advance.

         3                     Also, the bill calls for

         4       disclosure to be printed in the largest type

         5       which is practicable for the different documents

         6       involved, recognizing the administrative reality

         7       of varying documents on the ballot.

         8                     I hope that is an adequate

         9       explanation.

        10                     SENATOR DOLLINGER: Mr. President,

        11       will Senator Farley yield to a question?

        12                     ACTING PRESIDENT KUHL:   Senator

        13       Farley, do you yield to Senator Dollinger?

        14                     SENATOR FARLEY:   Sure.   I would

        15       be delighted.

        16                     ACTING PRESIDENT KUHL:   Senator

        17       yields.

        18                     SENATOR DOLLINGER:   Senator,

        19       during the last year, I actually got involved in

        20       a lawsuit against the Board of Elections because

        21       of the wording of the Proposition Number 3 that

        22       was put on the ballot last year.  You may recall

        23       that lawsuit, Mr. Schulz and I were plaintiffs











                                                             
4001

         1       in that lawsuit in an action to clarify the

         2       intention of the state legislature.

         3                     My question to you is, I agree

         4       with the concept of this bill, but I want to

         5       know, why shouldn't the legislature figure out

         6       and tell the Board of Elections what the stated

         7       interest rate would be; and number two, why

         8       shouldn't the legislature do the calculation so

         9       that we don't have to fight over whether the

        10       Comptroller used the right assumed interest

        11       rate or whether the calculation is appropriate,

        12       the kinds of things that could generate

        13       litigation?

        14                     As you know, when financing

        15       billions of dollars in debt, half a percent in

        16       the interest rate or three-quarters percent in

        17       the interest rate could make a huge difference.

        18       Why wouldn't we do it?  Why wouldn't we delegate

        19       that discretion of Board of Elections, why not

        20       do it ourselves?

        21                     SENATOR FARLEY:   Well, the point

        22       we're trying to make is I would think that the

        23       interest rate might be a moving target, so to











                                                             
4002

         1       speak, and we don't know exactly what it would

         2       amount to; and again, we're only given an

         3       estimate.

         4                     I have no great quarrel with what

         5       you're saying, but this accomplishes the same

         6       thing, don't you think?

         7                     SENATOR DOLLINGER:   Actually, no.

         8       I'm concerned because I'm afraid that the State

         9       Board of Elections would come back with a

        10       different interest rate, be very difficult to

        11       calculate that interest rate, and some day we're

        12       going to end up in litigation again because

        13       someone will sit down and say the interest rate

        14       shouldn't be five percent, it should be six

        15       percent, because the long-term interest rate is

        16       different if you had six percent rather than

        17       five percent, the number is going to balloon by

        18       several billion dollars.  Why shouldn't we do

        19       that?

        20                     SENATOR FARLEY:   Because we'd be

        21       in the same position that the Board of Elections

        22       is, that we don't know what that interest rate

        23       is; we don't know that until the bonds go out.











                                                             
4003

         1                     SENATOR DOLLINGER:   Again,

         2       through you, Mr. President, I would just suggest

         3       that -

         4                     ACTING PRESIDENT KUHL:   Senator

         5       Farley, do you continue to yield?

         6                     SENATOR FARLEY:  Yes.

         7                     SENATOR DOLLINGER:  I would just

         8       suggest, Senator, that since this bill has

         9       passed this house a number of times but it

        10       never made it through the Assembly, that one of

        11       the things you might think about doing is let's

        12       do that ourselves.  We have a Finance Committee,

        13       a Finance staff, we can project the reasonable

        14       interest over time.  We have the same

        15       capability, if not better capability, than the

        16       Board of Elections does; and certainly I would

        17       suggest that since we're passing the bond or

        18       passing the authorization for the bond, we ought

        19       to do it over the Comptroller, as well.

        20                     SENATOR FARLEY:   Thank you.  If I

        21       may respond.

        22                     ACTING PRESIDENT KUHL:   Senator

        23       Farley, to respond.











                                                             
4004

         1                     SENATOR FARLEY:   Your point is

         2       well-taken, Senator Dollinger.  Perhaps part of

         3       the problem with this legislation is it is

         4       sponsored by a Republican Assemblyman over in

         5       the house and that might -- I would think -

         6       and to go back to the substance of your

         7       question, as I think of it, I guess the Board of

         8       Elections would be making that determination at

         9       a little later date closer to the election

        10       or closer to the ballot than the legislature,

        11       which would be out of session, would do.

        12                     But, by and large, if you think

        13       that would make a difference, I would be happy

        14       to do a chapter amendment some time else.

        15                     I would like to get this over to

        16       see if we can't go forward with this.  I think

        17       that we all agree with the concept; but again, I

        18       think the Board of Elections can make a later

        19       decision than we could, and it might be a little

        20       bit more accurate.

        21                     If you've got any ideas how we can

        22       come up with the exact figure, I'd certainly be

        23       willing to accept them.











                                                             
4005

         1                     SENATOR DOLLINGER:   Okay.  Mr.

         2       President, on the bill.

         3                     ACTING PRESIDENT KUHL:  Senator

         4       Dollinger, on the bill.

         5                     SENATOR DOLLINGER:  Senator, I

         6       actually have something I think will even

         7       improve this bill, I have an amendment at the

         8       desk that I would ask the reading of the

         9       amendment be waived and that I be given the

        10       opportunity to be heard on the amendment.

        11                     ACTING PRESIDENT KUHL:   Senator

        12       Dollinger, there is an amendment at the desk.

        13       We'll waive the reading of that and you are now

        14       afforded an opportune time to explain the

        15       amendment.

        16                     SENATOR DOLLINGER:   Thank you,

        17       Mr. President.

        18                     Senator Farley, I appreciate this

        19       bill, I think this is a good housekeeping bill,

        20       the original bill, because it does the kind of

        21       thing that the voters want to know before they

        22       vote on a ballot proposition.  This amendment,

        23       which I think is going to make this bill an even











                                                             
4006

         1       better bill for the people of this state would

         2       ban the practice of back door borrowing.

         3                     Here we've got an opportunity,

         4       once again, to stand up and say that we're not

         5       going to allow the agencies of this state to

         6       commit the state's credit without voter

         7       approval, what our constitution certainly by its

         8       spirit has always required, and a great way

         9       to control the state's excessive debt

        10       practices, a great way to control the cost of

        11       that excessive debt which, as we all know, runs

        12       to billions of dollars each year.

        13                     This is the opportunity to do it.

        14       Here's your chance.  We don't have to ban

        15       abortions, but we can ban back door borrowing,

        16       we can do it today.  We can start down the path

        17       to the kind of fiscal sanity that Senator

        18       Farley's underlying bill I think achieves with

        19       respect to delineating the actual cost of the

        20       bond.

        21                     Here's a chance where we can

        22       return to fiscal sanity right now, right today,

        23       start down the path, send this good bill with











                                                             
4007

         1       an even better amendment over to the other

         2       house, give them an opportunity not only to

         3       state the interest rate so the voters know what

         4       they're actually paying, but also put a little

         5       provision in the State Finance Law, the same

         6       provision of the State Finance Law that would

         7       say we're going to ban back door borrowing,

         8       we're going to return to the days of fiscal

         9       sanity in the state in which we let the voters

        10       decide how much money we've committed to future

        11       generations.

        12                     It's been a bad practice, it's

        13       been abused; if anything, it's been bipartisant

        14       abuse.  Perhaps that abuse has come from this

        15       house, it may have come from the Assembly; Lord

        16       knows, it's clearly come from Governors on both

        17       sides of the aisle, but it's a bad practice, we

        18       ought to stop it.  Here's a way to send a little

        19       message to the house across the way, here's a

        20       message to send to the Second Floor, that we're

        21       going to ban back door borrowing.  Here is your

        22       chance to do it.

        23                     I would move the amendment, Mr.











                                                             
4008

         1       President.

         2                     ACTING PRESIDENT KUHL:   Any other

         3       Senator wishing to speak on the amendment?

         4                     Senator Leichter, on the

         5       amendment.

         6                     SENATOR LEICHTER:   If Senator

         7       Dollinger would yield, please.

         8                      ACTING PRESIDENT KUHL: Senator

         9       Dollinger, do you yield to Senator Leichter?

        10                     SENATOR DOLLINGER:  Yes, I will,

        11       Mr. President.

        12                     ACTING PRESIDENT KUHL:  Senator

        13       yields.

        14                     SENATOR LEICHTER:   Senator, could

        15       you briefly describe to us how your amendment

        16       would ban back door borrowing?

        17                       SENATOR DOLLINGER:   What it

        18       would say is, it would simply amend section 41-

        19       it would add a new section 41-A to the state

        20       Finance Law and it would simply say that the

        21       appropriations, the eliminative appropriations

        22       under the State Finance Law would be limited to

        23       those under which the revenue of the state is











                                                             
4009

         1       appropriate, whether or not on a contingent

         2       basis, for the purposes of making payments of

         3       principal or interest on indebtedness of the

         4       state or any municipality, individual, public or

         5       private corporation.

         6                     It would prevent the payment of

         7       appropriations for debt that is not authorized

         8       by the voters.

         9                     SENATOR LEICHTER:  Mr. President.

        10                     ACTING PRESIDENT KUHL:   Senator

        11       Leichter.

        12                     SENATOR LEICHTER:   If Senator

        13       Dollinger would continue to yield.

        14                     ACTING PRESIDENT KUHL:   Pardon

        15       the interruption, gentlemen.  I just, for my own

        16       benefit, counted at least ten conversations

        17       going on in the chamber.  It's extremely noisy

        18       in here.   I'd like the benefit of your

        19       questions and answers, if nobody else does.

        20                     Could we quiet it down, please?

        21                     Thank you.

        22                     The Senator yields, Senator

        23       Leichter.











                                                             
4010

         1                       SENATOR DOLLINGER:   I will, Mr.

         2       President.

         3                       SENATOR LEICHTER:   Senator

         4       Dollinger, would your amendment, if it were

         5       enacted as part of the Constitution, prohibit

         6       and stop such practice, for instance, when the

         7       Urban Development Corporation issued bonds in

         8       order to purchase a prison from the state of

         9       New York and the proceeds of that bond issue,

        10       or, rather, the purchase price for the prison as

        11       turned over to the state was used to meet its

        12       current obligations.

        13                     SENATOR DOLLINGER:   Yes, it

        14       would.  It would prevent the state from entering

        15       into an agreement when the consequence of the

        16       agreement was that they would have to make

        17       interest payments that were not authorized by

        18       the voters pursuant to the state Constitution.

        19                     This is a change in the state

        20       Finance Law; it's not a constitutional

        21       amendment.  As I've said all along, we alone

        22       have the power to ban back door borrowing.

        23                     SENATOR LEICHTER:  Mr. President,











                                                             
4011

         1       if the Senator would continue to yield.

         2                     So, my understanding is that -

         3       would it ban the New York State Power Authority

         4       from going out and raising moneys by the

         5       issuance of bonds?

         6                     SENATOR DOLLINGER:   Without

         7       voter approval in instances in which the state

         8       of New York is actually entering into the

         9       agreement, correct.

        10                     SENATOR LEICHTER:   Okay.  So, I

        11       understand.

        12                     Mr. President, just very briefly

        13       on the amendment.

        14                     ACTING PRESIDENT KUHL:   Senator

        15       Leichter, on the amendment.

        16                     SENATOR LEICHTER:   Essentially,

        17       then, what the amendment does, and I didn't

        18       understand it at first because I thought it went

        19       beyond that and was a constitutional amendment,

        20       but certainly I don't think anybody can disagree

        21       with Senator Dollinger that some of the

        22       practices that we've engaged in where the state

        23       of New York has used the credit of various











                                                             
4012

         1       authorities to raise moneys in a way that has

         2       been universally condemned by all the fiscal

         3       monitors and where we have obligated the state

         4       to make these payments for many years in

         5       advance, where real moneys is raised in a

         6       manner that should be done under the

         7       constitutional provision but we really use an

         8       authority as the state's alter ego, so I would

         9       certainly hope that the members of the other

        10       side of the aisle who like to get up and talk

        11       about fiscal responsibility and being fiscal

        12       conservatives, you get a wonderful chance to

        13       prove it by supporting this amendment.

        14                     ACTING PRESIDENT KUHL:   Any other

        15       Senator wishing to speak on the Amendment?

        16                     (There was no response.)

        17                     Hearing none, the question is on

        18       the amendment.   A vote in the affirmative is a

        19       vote for the amendment to amend the bill on the

        20       floor.  A vote in the negative is a vote to

        21       defeat the amendment.

        22                     All those in favor of the

        23       amendment, signify by saying aye.











                                                             
4013

         1                     (Response of "Aye.")

         2                     All those opposed, signify by

         3       saying nay.

         4                     (Response of "Nay.")

         5                     The amendment is lost.

         6                     Is there any other Senator

         7       wishing to speak on the bill?

         8                     SENATOR FARLEY:   Read the last

         9       section.

        10                     ACTING PRESIDENT KUHL:  Secretary

        11       will read the last section.

        12                     THE SECRETARY:   Section 4.  This

        13       act shall take effect immediately.

        14                     ACTING PRESIDENT KUHL:   Call the

        15       roll.

        16                     (The Secretary called the roll.)

        17                     THE SECRETARY:  Ayes 55.

        18                     ACTING PRESIDENT KUHL:   The bill

        19       is passed.

        20                     Senator Skelos, there is just one

        21       bill left on the controversial.

        22                     SENATOR SKELOS:   If we could take

        23       up Senator Holland's bill, Calendar Number 407.











                                                             
4014

         1                     ACTING PRESIDENT KUHL:  Secretary

         2       will read Calendar Number 407.

         3                       THE SECRETARY:   Calendar

         4       Number 407, by Senator Holland, Senate Print

         5       5072B, an act to permit the reopening of the

         6       optional 20-year retirement plan.

         7                     ACTING PRESIDENT KUHL:   There is

         8       a home rule message at the desk.

         9                     Secretary will read the last

        10       section.

        11                     THE SECRETARY:  Section 2.  This

        12       act shall take effect immediately.

        13                     SENATOR PATERSON:   Explanation.

        14                     ACTING PRESIDENT KUHL:   An

        15       explanation has been asked for.

        16                     SENATOR HOLLAND:   Senator, this

        17       bill has already passed, and because there was a

        18       mistake in the bill, the Social Security Law

        19       states that it must be filed within one year

        20       after the Comptroller is elected to office, and

        21       the bill said December 31st, 1995; it must be

        22       changed to December 31st, 1996.

        23                     The Village understands that they











                                                             
4015

         1       made the mistake, they put the $17,000 up, they

         2       gave us a home rule, they agree totally.

         3                     ACTING PRESIDENT KUHL:   Any other

         4       Senator wishing to speak on the bill?

         5                      (There was no response.)

         6                     Secretary will read the last

         7       section.

         8                     THE SECRETARY:   Section 2.  This

         9       act shall take effect immediately.

        10                     ACTING PRESIDENT KUHL:   Call the

        11       roll.

        12                     (The Secretary called the roll.)

        13                     THE SECRETARY:  Ayes 55.

        14                     ACTING PRESIDENT KUHL:   The bill

        15       is passed.

        16                     Senator Gold, why do you wise?

        17                     SENATOR GOLD:   Mr. President,

        18       while I was out of room, we voted on Calendar

        19       Number 612, Senate Bill 773.  I would like

        20       unanimous consent to be recorded in the

        21       negative, please.

        22                     ACTING PRESIDENT KUHL:   Without

        23       objection, hearing no objection, Senator Gold











                                                             
4016

         1       will be recorded in the negative on Calendar

         2       Number 612.

         3                     Senator Leichter.

         4                     SENATOR LEICHTER:   Mr.

         5       President, I similarly was at a meeting of the

         6       Finance Committee while 612 was voted on.  Would

         7       the record please show that I should be recorded

         8       in the negative on that bill.

         9                     ACTING PRESIDENT KUHL:  Without

        10       objection, hearing no objection, Senator

        11       Leichter will be recorded in the negative on

        12       Calendar Number 612.

        13                     Senator Mendez.

        14                     SENATOR MENDEZ:  Mr. President, I

        15       also was in a Finance Committee meeting when the

        16       bill was called for a vote.  I want to be

        17       recorded in the negative on Bill Number -

        18       Calendar Number 612, 612.

        19                     ACTING PRESIDENT KUHL:   Without

        20       objection, hearing no objection, Senator Mendez

        21       will be recorded in the negative on Calendar

        22       Number 612.

        23                     Senator Skelos.











                                                             
4017

         1                     SENATOR SKELOS:   Mr. President,

         2       at this time if we could return to reports of

         3       standing committees, I believe there is a

         4       report of the Finance Committee at the desk.  I

         5       ask that it be read.

         6                     ACTING PRESIDENT KUHL:   We'll

         7       return to reports of standing committees.  There

         8       is a report here, Senator Skelos.  I'll ask the

         9       Secretary to read.

        10                     THE SECRETARY:  Senator Stafford,

        11       from the Committee on Finance, reports the

        12       following bills direct to third reading.

        13                     SENATOR SKELOS:   Mr. President,

        14       could you just wait a minute, please?

        15                     ACTING PRESIDENT KUHL:  Senator

        16       Skelos.

        17                     SENATOR SKELOS:   Mr. President,

        18       if we could have the report of the Finance

        19       Committee at this time.

        20                     ACTING PRESIDENT KUHL:  Secretary

        21       will read the report of the Finance Committee

        22       which is at the desk.

        23                     THE SECRETARY:  Senator Stafford,











                                                             
4018

         1       from the Committee on Finance, reports the

         2       following bills direct to third reading:

         3                     Senate Print 7468, by the

         4       Committee on Rules, an act to amend Chapter 989

         5       of the Laws of 1958 relating to the Temporary

         6       State Commission of Investigation;

         7                     Senate Print 7476, by Senator

         8       Marchi, an act to amend the New York City

         9       Criminal Court Act, in relation to the

        10       jurisdiction of the New York City Criminal

        11       Court.

        12                     ACTING PRESIDENT KUHL:   Without

        13       objection, the bills are reported directly to

        14       third reading.

        15                     Senator Skelos.

        16                     SENATOR SKELOS:   Mr. President, I

        17       believe the bills are being distributed and at

        18       this time, may we please take up Calendar Number

        19       808, Senate Print 7468.

        20                     ACTING PRESIDENT KUHL:  Secretary

        21       will read.

        22                     THE SECRETARY:   Calendar Number

        23       808, by the Senate Committee on Rules, Senate











                                                             
4019

         1       Print 7468, an act to amend Chapter 989 of the

         2       Laws of 1958 relating to the Temporary State

         3       Commission of Investigation.

         4                     ACTING PRESIDENT KUHL:  Secretary

         5       will read the last section.

         6                     THE SECRETARY:   Section 2.  This

         7       act shall take effect immediately.

         8                     ACTING PRESIDENT KUHL:   Call the

         9       roll.

        10                     (The Secretary called the roll.)

        11                     THE SECRETARY:  Ayes 55.

        12                     ACTING PRESIDENT KUHL:   The bill

        13       is passed.

        14                     Senator Skelos.

        15                     SENATOR SKELOS:   Mr. President,

        16       at this time may we please take up Calendar 809,

        17       Senate 7476.

        18                     ACTING PRESIDENT KUHL:  Secretary

        19       will read.

        20                       THE SECRETARY:   Calendar Number

        21       809, by Senator Marchi,  Senate Print 7476, an

        22       act to amend the New York City Criminal Court

        23       Act, in relation to the jurisdiction of the New











                                                             
4020

         1       York City Criminal Court.

         2                     ACTING PRESIDENT KUHL:   Read the

         3       last section.

         4                     THE SECRETARY: Section 2.  This

         5       Act shall take effect immediately.

         6                     ACTING PRESIDENT KUHL:   Call the

         7       roll.

         8                     (The Secretary called the roll.)

         9                     THE SECRETARY:    Ayes 55.

        10                     ACTING PRESIDENT KUHL:   The bill

        11       is passed.

        12                     Senator Skelos.

        13                     SENATOR SKELOS:   Mr. President,

        14       if we could stand at ease.

        15                     ACTING PRESIDENT KUHL:   The

        16       Senate will stand at ease.

        17                     (The Senate stood at ease from

        18       3:46 p.m. To 4:34 p.m.)

        19                     ACTING PRESIDENT KUHL:   Senate

        20       will come to order.

        21                     Chair recognizes Senator Skelos.

        22                     SENATOR SKELOS:   Would you please

        23       recognize Senator Stafford, the esteemed











                                                             
4021

         1       chairman of the Finance Committee?

         2                     SENATOR STAFFORD:   Thank you, Mr.

         3       President.

         4                      ACTING PRESIDENT KUHL: Senator

         5       Stafford.

         6                     SENATOR STAFFORD:   Thank you,

         7       Senator Skelos.  Please announce a meeting of

         8       the Committee on Finance in Room 332.

         9                     ACTING PRESIDENT KUHL:   There

        10       will be an immediate meeting of the Senate

        11       Finance Committee in the Majority Conference

        12       Room, Room 332.  Immediate meeting of the Senate

        13       Finance Committee, Majority Conference Room,

        14       Room 332.

        15                     Senator Wright.

        16                     SENATOR WRIGHT:   Thank you, Mr.

        17       President.

        18                     On page number 25, I offer the

        19       following amendments to Calendar Number 538,

        20       Senate Print Number 5766A, and ask that said

        21       bill retain its place on the Third Reading

        22       Calendar.

        23                     ACTING PRESIDENT KUHL:  Amendments











                                                             
4022

         1       are received and adopted.  The bill will retain

         2       its place on the Third Reading Calendar.

         3                      Senator Skelos.

         4                     SENATOR SKELOS:   Can we stand at

         5       ease, Mr. President?

         6                     ACTING PRESIDENT KUHL:   The

         7       Senate will stand at ease.

         8                     (The Senate stood at ease from

         9       4:35 p.m. to 5:23 p.m.)

        10                     ACTING PRESIDENT KUHL:   Senate

        11       will come to order.

        12                     SENATOR SKELOS:   Mr. President.

        13                     ACTING PRESIDENT KUHL:   Senator

        14       Skelos.

        15                     SENATOR SKELOS:   There will be an

        16       immediate conference of the Majority in Room 332

        17       of the Capitol, and we expect that we will be

        18       back by approximately ten to six.

        19                     ACTING PRESIDENT KUHL:   There

        20       will be an immediate meeting of the Majority in

        21       the Majority Conference Room, Room 332.  There

        22       will be an immediate meeting of the Majority in

        23       the Majority Conference Room, Room 332, and the











                                                             
4023

         1       Senate stands at ease.

         2                     (The Senate stood at ease from

         3       5:24 p.m. to 6:33 p.m.)

         4                     ACTING PRESIDENT KUHL:   The

         5       Senate will come to order.

         6                     Senator Skelos.

         7                     SENATOR SKELOS:   There will be an

         8       immediate meeting of the Finance Committee in

         9       Room 332 of the Capitol.

        10                     ACTING PRESIDENT KUHL:  Immediate

        11       meeting of the Senate Finance Committee in the

        12       Majority Conference Room.  Immediate meeting of

        13       Senate Finance Committee in the Majority

        14       Conference Room, Room 332.

        15                     Senator Skelos.

        16                     SENATOR SKELOS:   Mr. President,

        17       if we could return to reports of standing

        18       committees, I believe there's a report of the

        19       Finance Committee at the desk.  I ask it be read

        20       at this time.

        21                     ACTING PRESIDENT KUHL:  Return to

        22       reports of standing committees, ask the

        23       Secretary to read the report.











                                                             
4024

         1                     THE SECRETARY:  Senator Stafford,

         2       from the Committee on Finance, reports the

         3       following bill direct to third reading:

         4                     Senate Print 7481, by the Senate

         5       Committee on Rules, an act making appropri

         6       ations for the support of government.

         7                     ACTING PRESIDENT KUHL:   The bill

         8       is reported directly to third reading.

         9                     Senator Skelos.

        10                     SENATOR SKELOS:   Mr. President, I

        11       move we adopt the report of the Finance

        12       Committee.

        13                     At this time, if we can call up

        14       Calendar Number 810, Senate 7481.

        15                     ACTING PRESIDENT KUHL:  Secretary

        16       will read Calendar Number 810.

        17                     THE SECRETARY:   Calendar Number

        18       810, by the Senate Committee on Rules, Senate

        19       Print 7481, an act making appropriations for the

        20       support of government.

        21                     SENATOR SKELOS:   Mr. President,

        22       is there a message of necessary and appropri

        23       ation at the desk?











                                                             
4025

         1                     ACTING PRESIDENT KUHL:  There is.

         2                     THE SECRETARY:  Move we accept.

         3                     ACTING PRESIDENT KUHL: Motion

         4       is to accept the message of necessity and

         5       appropriation which is at the desk.  All those

         6       in favor, signify by saying aye.

         7                     (Response of "Aye.")

         8                     Opposed nay.

         9                     (There was no response.)

        10                     The message is accepted.

        11                     SENATOR SKELOS:   Lay the bill

        12       aside temporarily.

        13                     ACTING PRESIDENT KUHL:   Lay the

        14       bill aside.

        15                     Senator Waldon.

        16                     SENATOR WALDON:   Mr. President, I

        17       respectfully request unanimous consent to be

        18       recorded in the negative on Calendar Number 612;

        19       I was called out of the house.

        20                     ACTING PRESIDENT KUHL:   Without

        21       objection, hearing no objection, Senator Waldon

        22       will be recorded in the negative on Calendar

        23       Number 612.











                                                             
4026

         1                     Senate will stand at ease.

         2                     (The Senate stood at ease from

         3       6:35 to 6:40 p.m.)

         4                     ACTING PRESIDENT KUHL:  Senate

         5       will come to order.

         6                     Senator Skelos.

         7                     SENATOR SKELOS:   If we once again

         8       could return to reports of standing committees,

         9       I believe there is a report of the Finance

        10       Committee at the desk, I ask it be read.

        11                     ACTING PRESIDENT KUHL:  Secretary

        12       will read.

        13                     THE SECRETARY:   Senator Stafford,

        14       from the Committee on Finance, reports the

        15       following bill direct to third reading:

        16                     Senate Print 7477, by the Senate

        17       Committee on Rules, an act making appropri

        18       ations for the support of government.

        19                     ACTING PRESIDENT KUHL:   Without

        20       objection, the bill is reported directly to

        21       third reading.

        22                     Senator Skelos.

        23                     SENATOR SKELOS:   Mr. President,











                                                             
4027

         1       is there a message of necessity and appropri

         2       ation at the desk?

         3                     ACTING PRESIDENT KUHL:  There is a

         4       message of appropriation at the desk.

         5                     SENATOR SKELOS:  Move we accept.

         6                     ACTING PRESIDENT KUHL:   Motion to

         7       accept the message of appropriation that's at

         8       the desk.  All in favor signify by saying aye.

         9                     (Response of aye.)

        10                     Opposed nay.

        11                     (There was no response.)

        12                     The message is accepted.

        13                     Senator Lachman, why do you rise?

        14                     SENATOR LACHMAN:  Yes.  While I

        15       was out, Mr. President, I think 612 was voted

        16       on.  I would like to be recorded for a nay vote

        17       on that.

        18                     ACTING PRESIDENT KUHL:   Without

        19       objection, hearing no objection, Senator Lachman

        20       will be recorded in the negative on Calendar

        21       612.

        22                     SENATOR SEWARD:   Mr. President.

        23                     ACTING PRESIDENT KUHL:   Chair











                                                             
4028

         1       recognizes Senator Seward.

         2                     SENATOR SEWARD:   While we're on

         3       housekeeping, I wish to call up Senate Print

         4       1865B.

         5                     ACTING PRESIDENT KUHL:  Return to

         6       motions and resolutions.  Secretary will read.

         7                     THE SECRETARY:   Calendar Number

         8       425, by member of the Assembly Colman, Assembly

         9       Print 1865B, an act to amend the Executive Law,

        10       in relation to energy purchasing programs of the

        11       state.

        12                     ACTING PRESIDENT KUHL:   Senator

        13       Seward.

        14                     SENATOR SEWARD:   I now move to

        15       reconsider the vote by which this Assembly bill

        16       was substituted for my bill, 5729A, on March

        17       13th.

        18                     ACTING PRESIDENT KUHL: Secretary

        19       will call the roll on reconsideration.

        20                       (The Secretary called the roll

        21       on reconsideration.)

        22                     THE SECRETARY:  Ayes 58.

        23                     ACTING PRESIDENT KUHL:  Senator











                                                             
4029

         1       Seward.

         2                     SENATOR SEWARD:   I now move

         3       Senate Bill Number 3729A be restored to the

         4       order of Third Reading Calendar.

         5                     ACTING PRESIDENT KUHL:  The Senate

         6       bill will be restored to third reading.

         7                     Senator Bruno.

         8                     SENATOR BRUNO:   Mr. President,

         9       can we at this time call up Calendar Number 810.

        10                     ACTING PRESIDENT KUHL:  Secretary

        11       will read Calendar Number 810.

        12                     THE SECRETARY:   Calendar Number

        13       810, by the Senate Committee on Rules, Senate

        14       Print 7481, an act making appropriations for the

        15       support of government.

        16                     ACTING PRESIDENT KUHL:   Message

        17       of necessity and appropriation was previously

        18       accepted.

        19                     Secretary will read the last

        20       section.

        21                     THE SECRETARY:   Section 13.  This

        22       act shall take effect April 1.

        23                     ACTING PRESIDENT KUHL: Call the











                                                             
4030

         1       roll.

         2                     (The Secretary called the roll.)

         3                     THE SECRETARY:  Ayes 58.

         4                     ACTING PRESIDENT KUHL:   The bill

         5       is passed.

         6                     Senator Bruno.

         7                     SENATOR BRUNO:   Mr. President,

         8       can we, at this time, take up Calendar Number

         9       811.

        10                     ACTING PRESIDENT KUHL:  Secretary

        11       will read Calendar Number 811.

        12                     THE SECRETARY:   Calendar Number

        13       811, by the Senate Committee on Rules, Senate

        14       Print 7477, an act making appropriations for the

        15       support of government.

        16                     ACTING PRESIDENT KUHL:   Message

        17       of appropriation was previously accepted.

        18                     Secretary will read the last

        19       section.

        20                     THE SECRETARY:   Section 7.  This

        21       act shall take effect April 1st.

        22                     ACTING PRESIDENT KUHL:   Call the

        23       roll.











                                                             
4031

         1                     (The Secretary called the roll.)

         2                     Announce the results when

         3       tabulated.

         4                     For the benefit of the members,

         5       Calendar Number -- excuse me, Senate Bill 7477,

         6       it's Calendar Number 811 that is before the

         7       house on a roll call.

         8                     THE SECRETARY:   Those recorded in

         9       the negative on Calendar Number 811 are Senators

        10       Alesi, DeFrancisco, DiCarlo, Dollinger, Hoblock,

        11       Hoffmann, Kuhl, Libous, Maziarz, Nozzolio,

        12       Oppenheimer and Senator Wright.

        13                     Ayes 46, Nays 12.

        14                     ACTING PRESIDENT KUHL:   The bill

        15       is passed.

        16                     Senator Bruno.

        17                     SENATOR BRUNO:   Mr. President, is

        18       there anything at the desk that presently needs

        19       the attention of our colleagues here in the

        20       chamber?

        21                     ACTING PRESIDENT KUHL:   It's all

        22       been taken care of, Senator.

        23                     SENATOR BRUNO:  All been taken











                                                             
4032

         1       care of?  There being no further business, then,

         2       to come before the Senate, I would move that we

         3       stand adjourned until tomorrow at 2:00 p.m.

         4                     Thank you.

         5                     ACTING PRESIDENT KUHL:   Without

         6       objection, the Senate stands adjourned until

         7       tomorrow, April 30th, at 2:00 p.m.

         8                     (Whereupon at 6:47 p.m., the

         9       Senate adjourned.)

        10

        11

        12

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        14

        15

        16

        17

        18

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        20

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        23