Regular Session - March 24, 1998

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        8                      ALBANY, NEW YORK

        9                       March 24, 1998

       10                          3:05 p.m.

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       13                       REGULAR SESSION

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

       18        STEVEN M. BOGGESS, Secretary

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

        2                      ACTING PRESIDENT KUHL:  The

        3        Senate will come to order.  Ask the members to

        4        find their places, the staff to find their

        5        places.  I'd ask everybody in the chamber to

        6        rise and join me in saying the Pledge of

        7        Allegiance to the Flag.

        8                      (The assemblage repeated the

        9        Pledge of Allegiance to the Flag.)

       10                      We'll delay the saying of the

       11        prayer as we're waiting currently for the

       12        arrival of the clergy.

       13                      So we'll move on to the reading

       14        of the Journal.

       15                      THE SECRETARY:  In Senate,

       16        Monday, March 23rd.  The Senate met pursuant to

       17        adjournment.  The Journal of Sunday, March 22nd,

       18        was read and approved.  Upon motion, the Senate

       19        adjourned.

       20                      ACTING PRESIDENT KUHL:  Hearing

       21        no objection, the Journal stands approved as

       22        read.

       23                      Presentation of petitions.

       24                      Messages from the Assembly.

       25                      Messages from the Governor.







                                                           2044

        1                      Reports of standing committees.

        2                      The Secretary will read.

        3                      THE SECRETARY:  Senator Wright,

        4        from the Committee on Alcoholism and Drug Abuse,

        5        reports:

        6                      Senate Print 4224-A, by Senator

        7        Wright, an act to amend the Vehicle and Traffic

        8        Law;

        9                      6422, by Senator Wright, an act

       10        to amend the Mental Hygiene Law;

       11                      6460, by Senator Wright, an act

       12        to amend the Mental Hygiene Law;

       13                      6477, by Senator Wright, an act

       14        to amend the Vehicle and Traffic Law.

       15                      Senator Padavan, from the

       16        Committee on Cities, reports:

       17                      Senate Print 899-A, by Senator

       18        Cook, an act to amend the General City Law, the

       19        Town Law and the Village Law;

       20                      6389, by Senator Padavan, an act

       21        to amend Chapter 890 of the Laws of 1982.

       22                      Senator Spano, from the Committee

       23        on Labor, reports:

       24                      Senate Print 6261, by Senator

       25        Spano, an act to amend the Labor Law;







                                                           2045

        1                      6400, by Senator Spano, an act to

        2        amend the Labor Law.

        3                      Senator Volker, from the

        4        Committee on Codes, reports:

        5                      Senate Print 92-A, by Senator

        6        Velella, an act to amend the Penal Law;

        7                      341, by Senator Skelos, an act to

        8        amend the Penal Law;

        9                      414, by Senator Goodman, an act

       10        to amend the Penal Law;

       11                      1187, by Senator Velella, an act

       12        to amend the Penal Law;

       13                      1314, by Senator Velella, an act

       14        to amend the Penal Law and the Criminal

       15        Procedure Law;

       16                      1556, by Senator Leibell, an act

       17        to amend the Penal Law;

       18                      1592, by Senator Holland, an act

       19        to amend the Public Health Law;

       20                      2011, by Senator Padavan, an act

       21        to amend Penal Law;

       22                      2074, by Senator Rath, an act to

       23        amend the Penal Law;

       24                      2223, by Senator Padavan, an act

       25        to amend the Penal Law;







                                                           2046

        1                      2334-A, Senator Velella, an act

        2        to amend the Penal Law;

        3                      2600, by Senator Velella, an act

        4        to amend the Penal Law;

        5                      3564-A, by Senator Maltese, an

        6        act to amend the Penal Law;

        7                      4917, by Senator Nozzolio, an act

        8        to amend the Civil Practice Law and Rules;

        9                      5180, by Senator Volker, an act

       10        to amend the Penal Law;

       11                      5294, by Senator Nozzolio, an act

       12        to amend the Penal Law;

       13                      5353, by Senator Volker, an act

       14        to amend the Criminal Procedure Law;

       15                      4595-A, by Senator Saland, an act

       16        to amend the Criminal Procedure Law;

       17                      6604, by Senator Volker, an act

       18        to amend the Penal Law.

       19                      Senator Rath, from the Committee

       20        on Local Government, reports:

       21                      Senate Print 1494-A, by Senator

       22        Hannon, an act authorizing the county of Nassau;

       23                      1951-A, by Senator Libous, an act

       24        to amend the County Law;

       25                      2548, by Senator Holland, an act







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        1        to authorize and direct the town of Ramapo;

        2                      2795, by Senator Nozzolio, an act

        3        to amend the Real Property Tax Law;

        4                      3998, by Senator Present, an act

        5        to amend the Real Property Tax Law;

        6                      6146, by Senator Libous, an act

        7        to amend the County Law;

        8                      6222, by Senator Volker, an act

        9        to amend the Local Finance Law;

       10                      6227, by Senator Hannon, an act

       11        in relation to permitting;

       12                      6263, by Senator Hannon, an act

       13        in relation to authorizing;

       14                      6281, by Senator Leibell, an act

       15        to amend the Real Property Tax Law;

       16                      6304, by Senator Johnson, an act

       17        to authorize the Freedom Chapel Assembly of God;

       18                      6336, by Senator Leibell, an act

       19        to amend Chapter 680 of the Laws of 1996.

       20                      Senator Present, from the

       21        Committee on Commerce, Economic Development and

       22        Small Business, reports:

       23                      Senate Print 764, by Senator

       24        Present, an act to amend the State

       25        Administrative Procedure Act;







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        1                      3685, by Senator LaValle, an act

        2        to amend the Public Authorities Law;

        3                      6467, by Senator Saland, an act

        4        to amend Chapter 705 of the Laws of 1993.

        5                      All bills directly for third

        6        reading.

        7                      ACTING PRESIDENT KUHL:  All bills

        8        ordered directly to third reading.

        9                      Reports of select committees.

       10                      Communications and reports from

       11        state officers.

       12                      Motions and resolutions.

       13                      Senator Skelos.

       14                      SENATOR SKELOS:  Mr. President,

       15        at this time may we please adopt the Resolution

       16        Calendar with the exception of Resolution 2924.

       17                      ACTING PRESIDENT KUHL:  The

       18        motion is to accept the Resolution Calendar on

       19        the desks of the members with the exception of

       20        Resolution Number 2924.  All those in favor

       21        signify by saying aye.

       22                      (Response of "Aye".)

       23                      Opposed, nay.

       24                      (There was no response.)

       25                      The Resolution Calendar is







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        1        adopted.

        2                      Senator Skelos.

        3                      SENATOR SKELOS:  On behalf of

        4        Senator Bruno, may we please have the title read

        5        on Resolution 2924 and move for its immediate

        6        adoption.

        7                      ACTING PRESIDENT KUHL:  The

        8        Secretary will read the title to Resolution

        9        Number 2924.

       10                      THE SECRETARY:  By Senator Bruno,

       11        Legislative Resolution commending the Arthritis

       12        Foundation upon the occasion of its 50th

       13        anniversary.

       14                      ACTING PRESIDENT KUHL:  Is there

       15        any Senator wishing to speak on the resolution?

       16                      (There was no response.)

       17                      Hearing none, the question is on

       18        the resolution.  All those in favor signify by

       19        saying aye.

       20                      (Response of "Aye".)

       21                      Opposed, nay.

       22                      (There was no response.)

       23                      The resolution is adopted.

       24                      SENATOR SKELOS:  Mr. President.

       25                      ACTING PRESIDENT KUHL:  Senator







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        1        Skelos.

        2                      SENATOR SKELOS:  On Senator

        3        Bruno's resolution, if anybody would like to

        4        sponsor it, they should notify the desk.

        5                      ACTING PRESIDENT KUHL:

        6        Resolution Number 2924 is open for the sponsor

        7        ship by members.  I see many members raising

        8        their hands, Senator Skelos.  Would you like to

        9        put all the members on rather than those who

       10        don't wish?  Shall we put all the members on,

       11        Senator Skelos?

       12                      SENATOR SKELOS:  If anybody would

       13        not like to be on the resolution, please notify

       14        the desk.

       15                      ACTING PRESIDENT KUHL:  All the

       16        members will be included as co-sponsors on

       17        Resolution Number 2924, excepting those members

       18        who specifically designate to the desk that they

       19        don't wish to be sponsors.

       20                      Senator Skelos.

       21                      SENATOR SKELOS:  Mr. President,

       22        are there any substitutions to the made?

       23                      ACTING PRESIDENT KUHL:  There are

       24        not.  That brings us to the calendar, Senator.

       25                      SENATOR SKELOS:  Okay.  We'll







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        1        start the non-controversial calendar.

        2                      ACTING PRESIDENT KUHL:  The

        3        Secretary will read the non-controversial

        4        calendar.

        5                      THE SECRETARY:  Calendar Number

        6        323, by the Assembly Committee on Rules,

        7        Assembly Print 8094-A, an act to amend the

        8        Executive Law, in relation to establishing

        9        Children's Day as a day of commemoration.

       10                      SENATOR DeFRANCISCO:  Lay the

       11        bill aside, please.

       12                      ACTING PRESIDENT KUHL:  Lay the

       13        bill aside.

       14                      THE SECRETARY:  Calendar Number

       15        347, by Senator Alesi, Senate Print 5122-C, an

       16        act to amend the General Business Law and the

       17        Executive Law.

       18                      ACTING PRESIDENT KUHL:  The

       19        Secretary will read the last section.

       20                      THE SECRETARY:  Section 6.  This

       21        act shall take effect on the first day of

       22        January.

       23                      ACTING PRESIDENT KUHL:  Call the

       24        roll.

       25                      (The Secretary called the roll.)







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        1                      THE SECRETARY:  Ayes 49.

        2                      ACTING PRESIDENT KUHL:  The bill

        3        is passed.

        4                      THE SECRETARY:  Calendar Number

        5        358, by Senator Volker, Senate Print 6110, an

        6        act to amend the Local Finance Law, in relation

        7        to the sale of bonds.

        8                      ACTING PRESIDENT KUHL:  There is

        9        a home rule message at the desk.  The Secretary

       10        will read the last section.

       11                      THE SECRETARY:  Section 2.  This

       12        act shall take effect immediately.

       13                      ACTING PRESIDENT KUHL:  Call the

       14        roll.

       15                      (The Secretary called the roll.)

       16                      THE SECRETARY:  Ayes 49.

       17                      ACTING PRESIDENT KUHL:  The bill

       18        is passed.

       19                      THE SECRETARY:  Calendar Number

       20        367, by Senator Rath, Senate Print 4412-A, an

       21        act to amend the Civil Practice Law and Rules

       22        and the Executive Law.

       23                      ACTING PRESIDENT KUHL:  The

       24        Secretary will read the last section.

       25                      THE SECRETARY:  Section 3.  This







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        1        act shall take effect on the first day of

        2        January.

        3                      ACTING PRESIDENT KUHL:  Call the

        4        roll.

        5                      (The Secretary called the roll.)

        6                      THE SECRETARY:  Ayes 50.

        7                      ACTING PRESIDENT KUHL:  The bill

        8        is passed.

        9                      THE SECRETARY:  Calendar Number

       10        379, by Senator LaValle, Senate Print 3134, an

       11        act to amend the General Municipal Law.

       12                      ACTING PRESIDENT KUHL:  The

       13        Secretary will read the last section.

       14                      THE SECRETARY:  Section 2.  This

       15        act shall take effect immediately.

       16                      ACTING PRESIDENT KUHL:  Call the

       17        roll.

       18                      (The Secretary called the roll.)

       19                      THE SECRETARY:  Ayes 50.

       20                      ACTING PRESIDENT KUHL:  The bill

       21        is passed.

       22                      THE SECRETARY:  Calendar Number

       23        388, by Senator Johnson, Senate Print 2884-A, an

       24        act to amend the Education Law, in relation to

       25        authorizing.







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        1                      ACTING PRESIDENT KUHL:  The

        2        Secretary will read the last section.

        3                      THE SECRETARY:  Section 2.  This

        4        act shall take effect on the first day of

        5        November.

        6                      ACTING PRESIDENT KUHL:  Call the

        7        roll.

        8                      (The Secretary called the roll.)

        9                      ACTING PRESIDENT KUHL:  Record

       10        the negative.  Announce the results.

       11                      THE SECRETARY:  Ayes 52, nays 1,

       12        Senator Leichter recorded in the negative.

       13                      ACTING PRESIDENT KUHL:  The bill

       14        is passed.

       15                      THE SECRETARY:  Calendar Number

       16        403, by Senator Lack, Senate Print 5162-A, an

       17        act to amend -

       18                      SENATOR SKELOS:  Lay it aside for

       19        the day.

       20                      ACTING PRESIDENT KUHL:  Lay the

       21        bill aside for the day.

       22                      THE SECRETARY:  Calendar Number

       23        408, by Senator Johnson, Senate Print 6252, an

       24        act to amend Chapter 572 of the Laws of 1994.

       25                      ACTING PRESIDENT KUHL:  The







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        1        Secretary will read the last section.

        2                      THE SECRETARY:  Section 2.  This

        3        act shall take effect immediately.

        4                      ACTING PRESIDENT KUHL:  Call the

        5        roll.

        6                      (The Secretary called the roll.)

        7                      THE SECRETARY:  Ayes 53.

        8                      ACTING PRESIDENT KUHL:  The bill

        9        is passed.

       10                      THE SECRETARY:  Calendar Number

       11        409, by Senator Holland, Senate Print 6326, an

       12        act to amend Chapter 433 of the Laws of 1997.

       13                      ACTING PRESIDENT KUHL:  The

       14        Secretary will read the last section.

       15                      THE SECRETARY:  Section 2.  This

       16        act shall take effect immediately.

       17                      ACTING PRESIDENT KUHL:  Call the

       18        roll.

       19                      (The Secretary called the roll.)

       20                      THE SECRETARY:  Ayes 53.

       21                      ACTING PRESIDENT KUHL:  The bill

       22        is passed.

       23                      THE SECRETARY:  Calendar Number

       24        413, by Senator Saland, Senate Print 4519-A, an

       25        act to amend the Domestic Relations Law.







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        1                      ACTING PRESIDENT KUHL:  The

        2        Secretary will read the last section.

        3                      THE SECRETARY:  Section 47.  This

        4        act shall take effect immediately.

        5                      ACTING PRESIDENT KUHL:  Call the

        6        roll.

        7                      (The Secretary called the roll.)

        8                      THE SECRETARY:  Ayes 53.

        9                      ACTING PRESIDENT KUHL:  The bill

       10        is passed.

       11                      THE SECRETARY:  Calendar Number

       12        414 -

       13                      ACTING PRESIDENT KUHL:  Senator

       14        Meier, did you wish to be recorded in the

       15        negative on Calendar Number 413?

       16                      SENATOR MEIER:  That's correct.

       17                      ACTING PRESIDENT KUHL:  Without

       18        objection, hearing no objection, Senator Wright

       19        will be recorded in the negative on Calendar

       20        Number 413.

       21                      THE SECRETARY:  Those recorded in

       22        the negative on Calendar Number 413 are Senators

       23        DeFrancisco, Meier and Wright.  Also, Senator

       24        Farley.  Ayes 49, nays 4.

       25                      ACTING PRESIDENT KUHL:  The bill







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        1        is passed.

        2                      THE SECRETARY:  Calendar Number

        3        414, by Senator Saland, Senate Print 5175, an

        4        act to amend the Domestic Relations Law.

        5                      ACTING PRESIDENT KUHL:  The

        6        Secretary will read the last section.

        7                      THE SECRETARY:  Section 3.  This

        8        act shall take effect in 90 days.

        9                      ACTING PRESIDENT KUHL:  Call the

       10        roll.

       11                      (The Secretary called the roll.)

       12                      THE SECRETARY:  Ayes 53.

       13                      ACTING PRESIDENT KUHL:  The bill

       14        is passed.

       15                      THE SECRETARY:  Calendar Number

       16        415, by Senator Kuhl, Senate Print 901, an act

       17        to amend the Vehicle and Traffic Law, in

       18        relation to authorizing the operation of farm

       19        motor vehicles.

       20                      ACTING PRESIDENT KUHL:  The

       21        Secretary will read the last section.

       22                      THE SECRETARY:  Section 2.  This

       23        act shall take effect immediately.

       24                      ACTING PRESIDENT KUHL:  Call the

       25        roll.







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        1                      (The Secretary called the roll.)

        2                      THE SECRETARY:  Ayes 54.

        3                      ACTING PRESIDENT KUHL:  The bill

        4        is passed.

        5                      THE SECRETARY:  Calendar Number

        6        417, by Senator Rath, Senate Print 3671, an act

        7        to amend the Vehicle and Traffic Law, in

        8        relation to mandatory suspension.

        9                      ACTING PRESIDENT KUHL:  The

       10        Secretary 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 54.

       18                      ACTING PRESIDENT KUHL:  The bill

       19        is passed.

       20                      THE SECRETARY:  Calendar Number

       21        421, by Senator Farley, Senate Print 1825, an

       22        act to amend the Public Officers Law, in

       23        relation to power of the state legislators.

       24                      ACTING PRESIDENT KUHL:  The

       25        Secretary will read the last section.







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        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 53, nays 1,

        7        Senator Cook recorded in the negative.

        8                      ACTING PRESIDENT KUHL:  The bill

        9        is passed.

       10                      SENATOR SKELOS:  Mr. President, I

       11        believe Calendar Number 323 was inadvertently

       12        laid aside.  Could we bring that up at this

       13        time.

       14                      ACTING PRESIDENT KUHL:  We'll

       15        return to Calendar Number 323.  The Secretary

       16        will read the title.

       17                      THE SECRETARY:  Calendar Number

       18        323, by the Assembly Committee on Rules,

       19        Assembly Print 8094-A, an act to amend the

       20        Executive Law, in relation to establishing

       21        Children's Day as a day of commemoration.

       22                      ACTING PRESIDENT KUHL:  The

       23        Secretary will read the last section.

       24                      THE SECRETARY:  Section 2.  This

       25        act shall take effect immediately.







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        1                      ACTING PRESIDENT KUHL:  Call the

        2        roll.

        3                      (The Secretary called the roll.)

        4                      ACTING PRESIDENT KUHL:  Senator

        5        DeFrancisco to explain his vote.

        6                      SENATOR DeFRANCISCO:  Yes.  I'm

        7        going to vote in the affirmative, but I just

        8        wanted to give a little history about this bill

        9        because it's sort of interesting.  It may be

       10        interesting to the students who are here with

       11        us.

       12                      Back 11 years ago, a fourth grade

       13        class in Syracuse, New York, as a school project

       14        proposed a bill that -- this bill actually to my

       15        predecessor saying that a day should be set

       16        aside as an observance for Children's Day.  That

       17        bill was -- never passed both houses, I should

       18        say.

       19                      ACTING PRESIDENT KUHL:  Senator

       20        DeFrancisco, can we have a little order in the

       21        chamber, please?  Will the members please take

       22        their seats.  If they need to have a

       23        conversation, would you take the conversation

       24        out of the chamber.  Show a little respect to

       25        the Senator who has the floor for the purposes







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        1        of explaining his vote.

        2                      Thank you, Senator DeFrancisco.

        3                      SENATOR DeFRANCISCO:  So it

        4        didn't pass during my predecessor's term in

        5        office, and I picked it up six years ago and

        6        we've been consistently passing this bill in the

        7        New York State Senate.

        8                      This year the Assembly passed the

        9        bill as well, designating the first Sunday in

       10        June as Children's Day.  The students whose

       11        project this bill arose under were, I believe

       12        eight years old at the time.  They're now 19 and

       13        finally Sylvia -- excuse me -- Tina Norton's

       14        fourth grade class has a bill that they proposed

       15        that will become law of the state of New York

       16        and wherever they are, I commend them for their

       17        courage.  I was just concerned that maybe they

       18        would be here in the Senate or the Assembly

       19        passing their own bill if we didn't work on it

       20        any quicker.

       21                      So the bill is passed.  I'm very

       22        pleased to say that this was citizen input,

       23        young people's input that made it happen.

       24                      ACTING PRESIDENT KUHL:  Senator

       25        DeFrancisco will be recorded in the







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        1        affirmative.  Announce the results.

        2                      THE SECRETARY:  Ayes 54.

        3                      ACTING PRESIDENT KUHL:  The bill

        4        is passed.

        5                      SENATOR GOODMAN:  Mr. President.

        6                      ACTING PRESIDENT KUHL:  Senator

        7        Goodman, why do you rise?

        8                      SENATOR GOODMAN:  I would like to

        9        make an announcement.  There will be an

       10        immediate meeting of the Committee on

       11        Investigations, Taxation and Government

       12        Operations in Room 332, the Majority Conference

       13        Room.

       14                      ACTING PRESIDENT KUHL:  There

       15        will be an immediate meeting of the Committee on

       16        Investigations in the Majority Conference Room,

       17        Room 332.

       18                      Senator Volker.

       19                      SENATOR VOLKER:  Mr. President,

       20        immediately after the meeting that Senator

       21        Goodman just announced, there will be another

       22        committee meeting in the same place, in 332, the

       23        Social Services Committee, Social Services

       24        Committee by Senator Holland.

       25                      ACTING PRESIDENT KUHL:  Social







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        1        Services Committee will meet immediately

        2        following the Committee on Taxation in Room 332,

        3        the Majority Conference Room.

        4                      SENATOR VOLKER:  Yes, after this

        5        meeting that's going on right now.

        6                      ACTING PRESIDENT KUHL:  It's

        7        getting confusing, Senator Volker.

        8                      SENATOR VOLKER:  Would you like

        9        to recognize the clergy now for the -

       10                      ACTING PRESIDENT KUHL:  We

       11        would.  If all the members would please stand.

       12        We're very, very pleased and honored to have the

       13        Reverend Kirkpatrick G. Cohall, Pastor of the

       14        Lenox Road Baptist Church from Brooklyn, New

       15        York, to deliver the prayer today.

       16                      REVEREND KIRKPATRICK G. COHALL:

       17        Let us pray.  O God, creator of the heavens and

       18        the earth and all therein, we Your servants give

       19        You thanks for all Your goodness and Your love

       20        and kindness to us and to all whom You have

       21        made.

       22                      We bless You for our creation,

       23        our preservation and the blessing of this life

       24        and we pray, O God, give us such an awareness of

       25        Your mercies, that with truly thankful hearts,







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        1        we may show forth Your praise by giving up

        2        ourselves to Your service and by walking before

        3        You in truth, justice and righteousness.

        4                      We ask this day that You will

        5        grant wisdom to all of those who deliberate the

        6        state of affairs of this great state.  We ask

        7        Your blessing on all our elected officials

        8        chosen by the people and by You to lead and

        9        serve this state and this country.

       10                      May we be reminded of the great

       11        words from the Psalms that except God builds a

       12        house, the laborers labor in vain.

       13                      Therefore, O God, grant us all a

       14        discerning heart that we may truly be

       15        instruments of Your peace and Your grace this

       16        day and for the rest of our lives.  Amen.

       17                      SENATOR VOLKER:  Mr. President.

       18                      ACTING PRESIDENT KUHL:  Senator

       19        Volker.

       20                      SENATOR VOLKER:  Is there any

       21        housekeeping?

       22                      ACTING PRESIDENT KUHL:  Senator

       23        Volker.

       24                      SENATOR VOLKER:  Mr. President, I

       25        think we should stand at ease pending the







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        1        reports of the two committees that just went

        2        out, Investigations, Taxation and Government

        3        Operations and Social Services and when we come

        4        back, if there's nothing else, we will adjourn

        5        until tomorrow at 11:00 a.m.

        6                      ACTING PRESIDENT KUHL:  The

        7        Senate will stand at ease awaiting the two

        8        committee reports.

        9                      SENATOR VOLKER:  Recognize

       10        Senator Paterson, please, for an announcement.

       11                      ACTING PRESIDENT KUHL:  Before we

       12        stand at ease, Senator Paterson.

       13                      SENATOR PATERSON:  Mr. President,

       14        there will be a conference of the Minority in

       15        the Minority Conference Room at the close of

       16        session.  So for those who are going to

       17        committee meetings or leaving the area at this

       18        time, immediately at the close of session, there

       19        will be a Minority Conference meeting in Room

       20        314, the Minority Conference Room.

       21                      ACTING PRESIDENT KUHL:  At the

       22        close of session, there will be a meeting of the

       23        Minority Conference in the Minority Conference

       24        Room, Room 314.  The Senate will stand at ease.

       25                      (Whereupon, the Senate stood at







                                                           2066

        1        ease from 3:24 p.m. to 3:36 p.m. )

        2                      ACTING PRESIDENT KUHL:  Senate

        3        will come to order.

        4                      Senator Larkin.

        5                      SENATOR LARKIN:  Mr. President,

        6        may we now return to reports of standing

        7        committees.

        8                      ACTING PRESIDENT KUHL:  We'll

        9        return to the reports of standing committees.

       10        I'll ask the Secretary to read the reports of

       11        the two committees that are at the desk.

       12                      THE SECRETARY:  Senator Goodman,

       13        from the Committee on Investigations, Taxation

       14        and Government Operations, reports:

       15                      Senate Print 5809-B, by Senator

       16        Rath, an act to amend the Tax Law;

       17                      6478, by Senator Wright, an act

       18        to amend the Tax Law;

       19                      6479, by Senator Wright, an act

       20        to amend the Tax Law;

       21                      6481, by Senator Wright, an act

       22        to amend the Tax Law;

       23                      6504, by Senator Nozzolio, an act

       24        to amend Chapter 55 of the Laws of 1992;

       25                      3680, by Senator Goodman, an act







                                                           2067

        1        to amend the Alcoholic Beverage Control Law.

        2                      Senator Holland, from the

        3        Committee on Social Services, reports.

        4                      Senate Print 6584-A, by Senator

        5        Maziarz, an act to amend the Social Services

        6        Law.

        7                      All bills directly for third

        8        reading.

        9                      ACTING PRESIDENT KUHL:  All bills

       10        are ordered directly to third reading.

       11                      Senator Larkin.

       12                      SENATOR LARKIN:  Mr. President,

       13        is there any housekeeping?

       14                      ACTING PRESIDENT KUHL:  The desk

       15        is clean, Senator Larkin.

       16                      SENATOR LARKIN:  Can we return to

       17        motions and resolutions and recognize Senator

       18        Goodman, please.

       19                      SENATOR GOODMAN:  Mr. President,

       20        briefly I would like to just say a quick word

       21        about two resolutions which passed earlier

       22        today.

       23                      The first of these relates to a

       24        lady whose name is Jeannette D. Kahlenberg who

       25        served for 11 years as the executive director of







                                                           2068

        1        the Citizens Union of New York.  Jeannette

        2        Kahlenberg who was executive director served

        3        with great distinction.

        4                      ACTING PRESIDENT KUHL:  Senator

        5        Goodman, it's very, very difficult to hear you.

        6        If we could have it a little quiet in the

        7        chamber.  If there are needs for conversations,

        8        please take them out of the chamber.

        9                      Senator Goodman, I would just

       10        remind you that this is a new sound system, so

       11        you really need to speak very up a little bit.

       12                      The Chair recognizes Senator

       13        Goodman.

       14                      SENATOR GOODMAN:  Thank you, Mr.

       15        President.

       16                      I'm pleased to say a word on

       17        behalf of a resolution honoring the retirement

       18        of Jeannette Kahlenberg as the executive

       19        director of the Citizens Union of New York.

       20                      Miss Kahlenberg has had a

       21        distinguished career.  She was a graduate of

       22        Wellesley College, got her Master's degree from

       23        Columbia and as the executive director of

       24        Citizens Union presided with great distinction

       25        over the affairs of this extremely important







                                                           2069

        1        civic organization.

        2                      Her retirement calls to mind her

        3        many years of dedicated services, and I wish to

        4        simply underline for the body the remarkable

        5        work that she has done and have us long remember

        6        and honor her for that.

        7                      Secondly, I would like to speak

        8        to the resolution honoring Jane Alexander who is

        9        recently retired as the chairman of the National

       10        Endowment for the Arts.  She has been in the

       11        Endowment fighting for artistic freedom and has

       12        been the leading spokesperson for the

       13        advancement of arts and culture in the United

       14        States.

       15                      Under her leadership, the Arts

       16        Endowment began a partnership with the

       17        Department of Justice and Education which has

       18        served at-risk youth through the arts and

       19        greatly improved art education, research and

       20        development.

       21                      She has successfully reorganized

       22        the Arts Endowment to emphasize partnerships and

       23        cross-disciplinary initiatives, including many

       24        exceptionally note worthy efforts to upgrade

       25        arts in the United States.







                                                           2070

        1                      In every way she's been a

        2        dedicated public servant.  Many of you will

        3        remember her for her staring role in "The

        4        Sisters Rosensweig", a Broadway hit play which

        5        won many Tony Awards and in general it's a

        6        source of great pleasure and a matter of

        7        substantial honor to be paid her since she is

        8        both a gifted actress and an individual who

        9        devoted five years of her life to the

       10        advancement of the arts in the United States of

       11        America.

       12                      Thank you, Mr. President.

       13                      SENATOR LARKIN:  There being no

       14        further business, the Senate will adjourn until

       15        Wednesday, March the 25th, at 11:00 a.m.

       16                      ACTING PRESIDENT KUHL:  Senator

       17        Paterson.

       18                      SENATOR PATERSON:  I just wanted

       19        -- my counsel, Senator Marchi, reminded me that

       20        the Minority is having a conference right after

       21        session.

       22                      ACTING PRESIDENT KUHL:  Once

       23        again, there will be a Minority Conference in

       24        the Minority Conference Room, Room 314,

       25        immediately upon adjournment and without







                                                           2071

        1        objection, the Senate stands adjourned until

        2        tomorrow, Wednesday, 11:00 a.m., reminding

        3        members of the Majority that there is a planned

        4        conference of the Majority at 10:00 a.m. prior

        5        to session.  The Senate stands adjourned.

        6                      (Whereupon, at 3:41 p.m., the

        7        Senate adjourned.)

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