Regular Session - March 26, 1998

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        8                      ALBANY, NEW YORK

        9                       March 26, 1998

       10                         11:05 a.m.

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       13                       REGULAR SESSION

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       17        SENATOR RAYMOND A. MEIER, Acting President

       18        STEVEN M. BOGGESS, Secretary

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                                                           2178

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

        2                      ACTING PRESIDENT MEIER:  The

        3        Senate will come to order.  I'd ask everyone

        4        present to please rise and repeat with me the

        5        Pledge of Allegiance.

        6                      (The assemblage repeated the

        7        Pledge of Allegiance to the Flag.)

        8                      In the absence of clergy, may we

        9        now bow our heads for a moment of silence.

       10                      (A moment of silence was

       11        observed.)

       12                      The reading of the Journal.

       13                      THE SECRETARY:  In Senate,

       14        Wednesday, March 25th.  The Senate met pursuant

       15        to adjournment.  The Journal of Tuesday, March

       16        24th, was read and approved.  Upon motion, the

       17        Senate adjourned.

       18                      ACTING PRESIDENT MEIER:  Without

       19        objection, the Journal stands approved as read.

       20                      Presentation of petitions.

       21                      Messages from the Assembly.

       22                      Messages from the Governor.

       23                      Reports of standing committees.

       24                      Reports of select committees.

       25                      Communications and reports from







                                                           2179

        1        state officers.

        2                      Motions and resolutions.

        3                      Senator Alesi.

        4                      SENATOR ALESI:  Mr. President, on

        5        page 20, I offer the following amendments to

        6        Calendar Number 432, Senate Print 5174, and ask

        7        that said bill retain its place on the Third

        8        Reading Calendar.

        9                      ACTING PRESIDENT MEIER:  The

       10        amendments are received, and so ordered.

       11                      Senator Skelos.

       12                      SENATOR SKELOS:  Mr. President,

       13        if we could take up the non-controversial

       14        calendar, please.

       15                      ACTING PRESIDENT MEIER:  The

       16        Secretary will read the non-controversial

       17        calendar.

       18                      THE SECRETARY:  Calendar Number

       19        53, by Senator Farley, Senate Print 2338, an act

       20        to amend the Education Law, in relation to

       21        authorizing.

       22                      ACTING PRESIDENT MEIER:  Read the

       23        last section.

       24                      THE SECRETARY:  Section 2.  This

       25        act shall take effect on the first day of April.







                                                           2180

        1                      ACTING PRESIDENT MEIER:  Call the

        2        roll.

        3                      (The Secretary called the roll.)

        4                      THE SECRETARY:  Ayes 42.

        5                      ACTING PRESIDENT MEIER:  The bill

        6        is passed.

        7                      THE SECRETARY:  Calendar Number

        8        194, by Senator Maziarz, Senate Print 5083-A, an

        9        act to amend the Executive Law, in relation to

       10        directing.

       11                      ACTING PRESIDENT MEIER:  Read the

       12        last section.

       13                      THE SECRETARY:  Section 2.  This

       14        act shall take effect immediately.

       15                      ACTING PRESIDENT MEIER:  Call the

       16        roll.

       17                      (The Secretary called the roll.)

       18                      THE SECRETARY:  Ayes 42.

       19                      ACTING PRESIDENT MEIER:  The bill

       20        is passed.

       21                      THE SECRETARY:  Calendar Number

       22        327, by Senator Seward, Senate Print 4278, an

       23        act to amend the Public Service Law, in relation

       24        to increasing.

       25                      ACTING PRESIDENT MEIER:  Read the







                                                           2181

        1        last section.

        2                      THE SECRETARY:  Section 5.  This

        3        act shall take effect immediately.

        4                      ACTING PRESIDENT MEIER:  Call the

        5        roll.

        6                      (The Secretary called the roll.)

        7                      THE SECRETARY:  Ayes 43.

        8                      ACTING PRESIDENT MEIER:  The bill

        9        is passed.

       10                      THE SECRETARY:  Calendar Number

       11        351, by Senator Trunzo, Senate Print 6179, an

       12        act to amend the Retirement and Social Security

       13        Law, in relation to the maximum amount.

       14                      ACTING PRESIDENT MEIER:  Read the

       15        last section.

       16                      THE SECRETARY:  Section 2.  This

       17        act shall take effect immediately.

       18                      ACTING PRESIDENT MEIER:  Call the

       19        roll.

       20                      (The Secretary called the roll.)

       21                      THE SECRETARY:  Ayes 43.

       22                      ACTING PRESIDENT MEIER:  The bill

       23        is passed.

       24                      THE SECRETARY:  Calendar Number

       25        381, by Senator Rath, Senate Print 3638-A, an







                                                           2182

        1        act to amend the Town Law.

        2                      ACTING PRESIDENT MEIER:  Read the

        3        last section.

        4                      THE SECRETARY:  Section 3.  This

        5        act shall take effect immediately.

        6                      ACTING PRESIDENT MEIER:  Call the

        7        roll.

        8                      (The Secretary called the roll.)

        9                      THE SECRETARY:  Ayes 43.

       10                      ACTING PRESIDENT MEIER:  The bill

       11        is passed.

       12                      THE SECRETARY:  Calendar Number

       13        386, by Senator Skelos, Senate Print 334, an act

       14        to amend the Education Law, in relation to

       15        notification.

       16                      ACTING PRESIDENT MEIER:  Read the

       17        last section.

       18                      THE SECRETARY:  Section 3.  This

       19        act shall take effect on the first day of

       20        September.

       21                      ACTING PRESIDENT MEIER:  Call the

       22        roll.

       23                      SENATOR GOLD:  Excuse me.

       24                      ACTING PRESIDENT MEIER:  I'm

       25        sorry.  Senator Gold.







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        1                      SENATOR GOLD:  What number is

        2        it?

        3                      ACTING PRESIDENT MEIER:  This

        4        would be Calendar 386, Senator Gold.

        5                      SENATOR GOLD:  Did we skip 385?

        6                      ACTING PRESIDENT MEIER:  385 is

        7        high, Senator Gold.

        8                      SENATOR GOLD:  Excuse me?

        9                      ACTING PRESIDENT MEIER:  385 is

       10        high, Senator.

       11                      SENATOR GOLD:  Thank you, Mr.

       12        President.

       13                      ACTING PRESIDENT MEIER:  The

       14        Secretary will continue to read -- we were on

       15        the last section.

       16                      THE SECRETARY:  Section 3.  This

       17        act shall take effect on the first day of

       18        September.

       19                      ACTING PRESIDENT MEIER:  Call the

       20        roll.

       21                      (The Secretary called the roll.)

       22                      THE SECRETARY:  Ayes 43.

       23                      ACTING PRESIDENT MEIER:  The bill

       24        is passed.

       25                      THE SECRETARY:  Calendar Number







                                                           2184

        1        400, by Senator Kuhl, Senate Print 1828-B, an

        2        act to amend the Judiciary Law, in relation to

        3        increasing.

        4                      ACTING PRESIDENT MEIER:  Read the

        5        last section.

        6                      THE SECRETARY:  Section 2.  This

        7        act shall take effect immediately.

        8                      ACTING PRESIDENT MEIER:  Call the

        9        roll.

       10                      (The Secretary called the roll.)

       11                      THE SECRETARY:  Ayes 43.

       12                      ACTING PRESIDENT MEIER:  The bill

       13        is passed.

       14                      THE SECRETARY:  Calendar Number

       15        428, by Senator LaValle, Senate Print 2466, an

       16        act to amend the Executive Law.

       17                      ACTING PRESIDENT MEIER:  Read the

       18        last section.

       19                      THE SECRETARY:  Section 2.  This

       20        act shall take effect immediately.

       21                      ACTING PRESIDENT MEIER:  Call the

       22        roll.

       23                      (The Secretary called the roll.)

       24                      THE SECRETARY:  Ayes 43.

       25                      ACTING PRESIDENT MEIER:  The bill







                                                           2185

        1        is passed.

        2                      THE SECRETARY:  Calendar Number

        3        433, by Senator Trunzo, Senate Print 6029, an

        4        act to amend Chapter 41 of the Laws of 1997.

        5                      ACTING PRESIDENT MEIER:  Read the

        6        last section.

        7                      THE SECRETARY:  Section 9.  This

        8        act shall take effect immediately.

        9                      ACTING PRESIDENT MEIER:  Call the

       10        roll.

       11                      (The Secretary called the roll.)

       12                      THE SECRETARY:  Ayes 43.

       13                      ACTING PRESIDENT MEIER:  The bill

       14        is passed.

       15                      THE SECRETARY:  Calendar Number

       16        452, by Senator Saland, Senate Print 64...

       17                      SENATOR PATERSON:  Lay it aside.

       18                      ACTING PRESIDENT MEIER:  Lay the

       19        bill aside.

       20                      THE SECRETARY:  Calendar Number

       21        453, by Senator Velella, Senate Print 92-A, an

       22        act to amend the Penal Law, in relation to

       23        arson.

       24                      ACTING PRESIDENT MEIER:  Read the

       25        last section.







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        1                      THE SECRETARY:  Section 2.  This

        2        act shall take effect on the first day of

        3        November.

        4                      ACTING PRESIDENT MEIER:  Call the

        5        roll.

        6                      (The Secretary called the roll.)

        7                      THE SECRETARY:  Ayes 44.

        8                      ACTING PRESIDENT MEIER:  The bill

        9        is passed.

       10                      THE SECRETARY:  Calendar Number

       11        455, by Senator Goodman, Senate Print 414, an

       12        act to amend Penal Law, in relation to computer

       13        networks.

       14                      ACTING PRESIDENT MEIER:  Read the

       15        last section.

       16                      THE SECRETARY:  Section 3.  This

       17        act shall take effect on the first day of

       18        November.

       19                      ACTING PRESIDENT MEIER:  Call the

       20        roll.

       21                      (The Secretary called the roll.)

       22                      THE SECRETARY:  Ayes 44.

       23                      ACTING PRESIDENT MEIER:  The bill

       24        is passed.

       25                      THE SECRETARY:  Calendar Number







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        1        513, by Senator Nozzolio, Senate Print 6505, an

        2        act to amend Chapter 887 of the Laws of 1983.

        3                      SENATOR GOLD:  Lay it aside.

        4                      ACTING PRESIDENT MEIER:  Lay the

        5        bill aside.

        6                      Senator Skelos, that completes

        7        the reading of the non-controversial calendar.

        8                      SENATOR SKELOS:  Mr. President,

        9        if we could take up the controversial calendar

       10        at this time.

       11                      ACTING PRESIDENT MEIER:  The

       12        Secretary will read the controversial calendar.

       13                      THE SECRETARY:  Calendar Number

       14        452, by Senator Saland, Senate Print 6467, an

       15        act to amend Chapter 705 of the Laws of 1993.

       16                      SENATOR PATERSON:  Explanation,

       17        please.

       18                      ACTING PRESIDENT MEIER:  Senator

       19        Saland, an explanation has been requested of

       20        Calendar Number 2... I'm sorry -- 452.

       21                      SENATOR SALAND:  Thank you, Mr.

       22        President.

       23                      Mr. President, the link deposit

       24        program is a program which has met with great

       25        success, great acclaim, in fact.  It's a means







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        1        by which particularly small businesses can

        2        access loans at rates lower than market rates

        3        and the means by which that occurs is that these

        4        rates, which is some two to three points blow

        5        market rates, are, in effect, encouraged by the

        6        state making deposits which are comparably at

        7        lower -- excepting interest rates -- at

        8        comparably lower rates.  The net result is that

        9        state dollars are pumped in to basically benefit

       10        small businesses throughout the state of New

       11        York.

       12                      This bill would extend that

       13        program.  It's due to sunset, I believe on or

       14        about the 1st of April.  It changes the name

       15        from the Excelsior to the Empire State Link

       16        Deposit Program and also would permit a borrower

       17        to receive more than one loan but not to exceed

       18        the existing cap of that loan.

       19                      ACTING PRESIDENT MEIER:  Senator

       20        Paterson.

       21                      SENATOR PATERSON:  Thank you, Mr.

       22        President.

       23                      If Senator Saland would yield for

       24        a question.

       25                      ACTING PRESIDENT MEIER:  Does the







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        1        Senator yield?

        2                      SENATOR SALAND:  Yes, Mr.

        3        President.

        4                      ACTING PRESIDENT MEIER:  The

        5        sponsor yields.

        6                      Senator Paterson.

        7                      SENATOR PATERSON:  Mr. President,

        8        as Senator Saland pointed out, the link deposit

        9        program has been a vital link between small

       10        business and the financial industry.  My concern

       11        relates to the discrepancy between the Senate

       12        bill and the Assembly bill.

       13                      The Assembly bill appropriates

       14        another $50 million, 25 million coming from the

       15        comptroller's office and 25- coming from tax and

       16        finance which would expand the overall amount to

       17        $200 million.  At this point the program is

       18        supported not by any state appropriations but

       19        rather by existing resources and investment.

       20                      I was wondering if Senator Saland

       21        could amplify for me the reason that this

       22        discrepancy between the two bills exists.

       23                      SENATOR SALAND:  Well, Mr.

       24        President, there has been over the course of the

       25        past week or two an interest expressed by the







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        1        Assembly to make some changes in this bill.  My

        2        concern, whether it deals with the subject of

        3        appropriation or some of the other changes that

        4        have been proposed, is that as we approach the

        5        April 1 deadline, I would not want to see the

        6        program prejudiced by not having it continued.

        7        These are all things which will be subject to

        8        negotiation.  Right now this is a rather revenue

        9        neutral measure.  We certainly would welcome the

       10        dialogue with the Assembly and we're certainly

       11        willing to entertain anything that they might

       12        want to put on the table.  Whether, in fact,

       13        that will ultimately be part of the three-way

       14        agreement remains to be seen, but my concern

       15        here today as we are here on the last session

       16        day of this week and as we approach the 31st of

       17        March, is that we pass an extender.  This

       18        extender effectively -- this is effectively no

       19        more an extender with some very minor

       20        modifications.

       21                      SENATOR PATERSON:  Thank you, Mr.

       22        President.

       23                      If Senator Saland would continue

       24        to yield.

       25                      ACTING PRESIDENT MEIER:  Does the







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        1        Senator continue to yield?

        2                      SENATOR SALAND:  Yes, Mr.

        3        President.

        4                      ACTING PRESIDENT MEIER:  The

        5        Senator yields.

        6                      Senator Paterson.

        7                      SENATOR PATERSON:  Senator, you

        8        may well have answered my second question with

        9        your response to the first.  I was going to ask

       10        you would you consider as the Assembly has

       11        including a lot of farm projects which can be

       12        found in their bill which right now are in great

       13        need of the kind of reductions in rates

       14        particularly for loans that could perhaps come

       15        under the umbrella of this legislation, and I

       16        would take from your first answer that the kind

       17        of need to pass this legislation at this time

       18        and to try to get this worked out before March

       19        31st or April 1st would be, you're saying, the

       20        feeling on an issue such as the farm projects

       21        program.

       22                      SENATOR SALAND:  Well, I'm

       23        certainly aware of the -- that provision in the

       24        Assembly bill.  We look forward to working with

       25        the Assembly to try and see how we can succeed







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        1        in expanding what I think by everybody's

        2        acknowledgment has been an extremely successful

        3        program.  We are not adverse to entertaining

        4        that.

        5                      My concern, as I said earlier, is

        6        not to permit this to sunset.  We believe that

        7        there will be some changes, some substantive

        8        changes that will be made, Mr. President, but I

        9        greatly fear that with March 31st being just

       10        around the corner that the negotiations will not

       11        be able to be brought to a swift enough

       12        conclusion to enable us to accomplish that.

       13                      ACTING PRESIDENT MEIER:  Senator

       14        Paterson.

       15                      SENATOR PATERSON:  Thank you, Mr.

       16        President.

       17                      Then I guess I would -- if

       18        Senator Saland would yield.

       19                      ACTING PRESIDENT MEIER:  Does the

       20        Senator yield?

       21                      SENATOR SALAND:  Yes, Mr.

       22        President.

       23                      ACTING PRESIDENT MEIER:  Senator

       24        Saland continues to yield.

       25                      SENATOR PATERSON:  Senator, I







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        1        understand your concern for meeting the

        2        deadline, but it's not as if the Senate itself

        3        can bring the deadline or come in under the

        4        deadline just with the legislation that we're

        5        passing here.  In other words, if the Assembly

        6        is insistent on those other two measures, it's

        7        going to be hard to pass a bill at all.

        8                      So, in other words, isn't it true

        9        that perhaps by some negotiation or some

       10        recognition of the farm projects program or the

       11        extra 50 million that the Assembly is proposing,

       12        that we can get this done as quickly as you

       13        would like, but it's not as if we have to stand

       14        on the status quo just to meet the deadline.

       15                      SENATOR SALAND:  Well, I would

       16        not be as confident as you that that can be

       17        accomplished, and I would not want to see, as I

       18        said earlier, this program sunset.  I feel

       19        confident that there will be some changes.

       20        There's some changes that the Senate -- or

       21        expansions in the program that the Senate is

       22        interested in, I believe, again, that you have

       23        outlined or certainly highlighted one of the

       24        things that the Assembly is interested in.

       25        There's nothing that will not be appropriately







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        1        the subject of discussion.  Where we will wind

        2        up, Senator Paterson, I really can't tell you,

        3        but as you and I both know, if both parties come

        4        to the table with an interest in expanding,

        5        there will certainly have to be some type of

        6        accommodations that deal with the respective -

        7        the respective parties' priorities and I'm not

        8        ruling out, as I said earlier, dealing with any

        9        one of those particular items.

       10                      I should also point out, and I'm

       11        sure you're aware, I believe this is a

       12        departmental -- certainly the Governor will have

       13        a lot to say in what the final form of this bill

       14        will be as well.

       15                      SENATOR PATERSON:  Thank you,

       16        Senator.

       17                      I have just one last question, if

       18        you'll continue to yield.

       19                      ACTING PRESIDENT MEIER:  The

       20        Senator yields.

       21                      SENATOR SALAND:  Yes, Mr.

       22        President.

       23                      ACTING PRESIDENT MEIER:  Senator

       24        Paterson.

       25                      SENATOR PATERSON:  Senator, I







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        1        felt that the reason that this program was

        2        brought into existence was to try to encourage

        3        opportunity, particularly for smaller

        4        businesses.  I believe 13 out of every small

        5        businesses that start -- 13 out of every 15

        6        small businesses that start after commencing

        7        don't exist after their first year and

        8        particularly in minority areas where the

        9        availability of capital may not be as

       10        opportunistic, that there is -- the reduced rate

       11        is particularly helpful, but it somewhat

       12        concerns me that the data that I see on the

       13        topic reveals that only six percent of the loans

       14        have gone to businesses in New York State.

       15                      Now, in my particular district -

       16        I'm sorry -- in New York City.  I'm sorry.  In

       17        my particular district there have been a few

       18        loans, but understanding what the real scope of

       19        the program was and certainly what its credo is,

       20        it's a little disappointing to find out that the

       21        areas that would probably benefit the most are

       22        getting such a small percentage of the loans.

       23                      Would you share that concern and

       24        have any idea as to how perhaps we can bring

       25        what is -- extend this program from what now is







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        1        what I would describe as more than a scintilla

        2        of appropriation -

        3                      SENATOR SALAND:  Mr. President,

        4        could I beg the Senator's indulgence.  It's

        5        awfully noisy and I'm finding it a little

        6        difficult to hear.

        7                      ACTING PRESIDENT MEIER:  Can we

        8        have some order in the house.  Members stop

        9        their conversations.

       10                      Senator Paterson.

       11                      SENATOR PATERSON:  Thank you, Mr.

       12        President.

       13                      I was just closing, Senator

       14        Saland, just by saying that it's certainly more

       15        than what I would describe as a scintilla of

       16        opportunity, but it is not nearly what I would

       17        consider to be comprehensive or representative.

       18                      ACTING PRESIDENT MEIER:  Senator

       19        Saland, as puzzled the Chair is, is there a

       20        question in there?

       21                      SENATOR SALAND:  Was Senator

       22        Paterson closing or was there a question?

       23                      SENATOR PATERSON:  No.  My

       24        question was that being that only six percent of

       25        the loans are going to businesses that exist in







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        1        New York City, doesn't this fail to coincide

        2        with what would really be the credo of the

        3        program to extend opportunity to smaller

        4        businesses, particularly in minority

        5        neighborhoods where the need is greater and the

        6        availability to capital is less than it would be

        7        in other areas and that with such a small

        8        percentage of the loans going to areas where it

        9        would be needed the most, would you have any

       10        suggestion as to how to increase the resources

       11        in these particular locations that don't seem to

       12        be on the track for receiving the loan

       13        advantages?

       14                      SENATOR SALAND:  Well, let me

       15        just suggest that I cannot account for the

       16        internals of the process.  For instance, I have

       17        no idea of how many applications may be

       18        emanating from banks in the Metropolitan -- in

       19        the New York City area compared to banks perhaps

       20        in more rural areas where this may be a far more

       21        attractive loan mechanism because the kinds of

       22        dollars involved in the loans might be

       23        considered more substantial bigger loans than

       24        might be the case in some of the major New York

       25        banks.  So some of the problem -- and I don't







                                                           2198

        1        know this to be the case, Senator Paterson -

        2        they simply reflect where the applications are

        3        coming from.

        4                      Secondly, I would suggest to you

        5        that in order for the program to be effective, I

        6        think there has to be a degree of flexibility

        7        and that we certainly should be looking at every

        8        region in the state, whether it's -- when I say

        9        "we", I'm being collective.  Let me say they

       10        should be looking at every region in the state

       11        as should we, whether it be New York City,

       12        whether it be the mid-Hudson, whether it be the

       13        Adirondacks or Western New York and what we

       14        should be doing is, in effect, dealing with the

       15        applications in an equitable fashion.

       16                      I would not want to pigeonhole

       17        certain areas as being priority areas.  I would

       18        much prefer having a flexible program that

       19        responds to the applications on, in effect, a

       20        need plus certainly sound banking practice

       21        basis.

       22                      ACTING PRESIDENT MEIER:  Senator

       23        Paterson.

       24                      SENATOR PATERSON:  Thank you, Mr.

       25        President.







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        1                      Mr. President, on the bill.

        2                      ACTING PRESIDENT MEIER:  Senator

        3        Paterson, on the bill.

        4                      SENATOR PATERSON:  Mr. President,

        5        Senator Saland is right.  If there are fewer

        6        applications coming from New York City, then

        7        what we would really be trying to encourage the

        8        program is to engage in more of a marketing

        9        program so that those who are starting

       10        businesses and those who would be eligible would

       11        become aware of the availability of the

       12        program.

       13                      If there is a reasonable number

       14        of applications coming from New York City that

       15        causes the six percent overall number to be as

       16        not only accurate but reflecting a poor

       17        percentage, then I would suggest that Senator

       18        Saland's point is also right that we should not

       19        have any priority regions and if the latter

       20        supposition is true, then apparently there must

       21        be some priority regions because New York City

       22        and some of the areas that would probably be

       23        best served by this type of program are for some

       24        reason either systemically or with unawareness

       25        or naively being excluded from the program.







                                                           2200

        1                      I'll vote for the bill with the

        2        admonition that somebody needs to take a look at

        3        that because this was the whole real idea when

        4        it was proposed as the Excelsior Link Deposit

        5        Program some years ago.  I notice that the

        6        Assembly still calls it that.  The Senate has

        7        changed the name to the Empire State Link

        8        Deposit Program and the name really doesn't make

        9        a difference as long as the two houses agree and

       10        the title doesn't really make a difference as

       11        long as what was in contemplation of those who

       12        first proposed this program is actually brought

       13        to fruition actually to provide for small

       14        businesses for people who throughout the years

       15        have incurred the greatest difficulty receiving

       16        these types of benefits which can inure to the

       17        overall financial benefit of the states and even

       18        the banks that actually provide these loans,

       19        that this is something that would be a marvelous

       20        idea if it actually works, and that's why I

       21        would choose to support the bill and encourage

       22        everyone else to do so, Mr. President, but I'm

       23        going to take a look to see what the numerical

       24        value of the applications are, because if it's

       25        not the case, if we are getting a lot of







                                                           2201

        1        applications that are not being acted upon, then

        2        I think when we come back at some other point

        3        we'll have to take a second look at it, but I

        4        hope that those who are in the decision-making

        5        capacities and can act on this will recognize

        6        that there are a lot of businesses all over the

        7        state, many of them in New York City, many of

        8        them with an opportunity to flourish with the

        9        same type of treatment as their companion

       10        businesses all throughout the rest of the state

       11        have received.

       12                      ACTING PRESIDENT MEIER:  Read the

       13        last section.

       14                      THE SECRETARY:  Section 5.  This

       15        act shall take effect immediately.

       16                      ACTING PRESIDENT MEIER:  Call the

       17        roll.

       18                      (The Secretary called the roll.)

       19                      THE SECRETARY:  Ayes 51.

       20                      ACTING PRESIDENT MEIER:  The bill

       21        is passed.

       22                      THE SECRETARY:  Calendar Number

       23        513, by Senator Nozzolio, Senate Print 6505, an

       24        act to amend Chapter 887 of the Laws of 1983.

       25                      SENATOR GOLD:  Explanation.







                                                           2202

        1                      ACTING PRESIDENT MEIER:  Senator

        2        Nozzolio, an explanation has been requested of

        3        Calendar Number 513.

        4                      SENATOR NOZZOLIO:  Who requested

        5        the explanation, Mr. President?

        6                      ACTING PRESIDENT MEIER:  The

        7        explanation was requested by Senator Gold.

        8                      SENATOR NOZZOLIO:  Thank you, Mr.

        9        President.

       10                      This measure extends the

       11        authorization of psychological testing for

       12        candidates for the position of correction

       13        officer for two years.

       14                      ACTING PRESIDENT MEIER:

       15        Explanation satisfactory?

       16                      (Senator Gold nods head.)

       17                      ACTING PRESIDENT MEIER:  Read the

       18        last section.

       19                      THE SECRETARY:  Section 2.  This

       20        act shall take effect immediately.

       21                      ACTING PRESIDENT MEIER:  Call the

       22        roll.

       23                      (The Secretary called the roll.)

       24                      THE SECRETARY:  Ayes 51.

       25                      ACTING PRESIDENT MEIER:  The bill







                                                           2203

        1        is passed.

        2                      Senator Skelos, that completes

        3        the reading of the controversial calendar.

        4                      SENATOR SKELOS:  Please recognize

        5        Senator DeFrancisco.

        6                      ACTING PRESIDENT MEIER:  Senator

        7        DeFrancisco.

        8                      SENATOR DeFRANCISCO:  I request

        9        unanimous consent to vote in the negative on

       10        Calendar 381, please.

       11                      ACTING PRESIDENT MEIER:  Without

       12        objection, Senator DeFrancisco will be recorded

       13        in the negative on Calendar Number 381.

       14                      Senator Skelos.

       15                      SENATOR SKELOS:  Is there any

       16        housekeeping at the desk?

       17                      ACTING PRESIDENT MEIER:  Nothing

       18        at the desk, Senator.

       19                      SENATOR SKELOS:  There will be an

       20        immediate conference of the Majority in the

       21        Majority Conference Room as we end session, and

       22        I believe Senator Paterson has an announcement

       23        also.

       24                      ACTING PRESIDENT MEIER:  Senator

       25        Paterson.







                                                           2204

        1                      SENATOR PATERSON:  Thank you, Mr.

        2        President.

        3                      There will be a conference of the

        4        Minority, plus Senator Goodman, if he would like

        5        to join us.  He declines respectfully.  I would

        6        also join that conference if I knew what time it

        7        was -- oh, immediately, immediately after

        8        session.

        9                      Thank you, Mr. President.

       10                      ACTING PRESIDENT MEIER:

       11        Immediate meeting of both Majority and Minority

       12        Conferences after session.

       13                      Senator Skelos.

       14                      SENATOR SKELOS:  There being no

       15        further business, I move we adjourn until

       16        Monday, March 30th, at 3:00 p.m., intervening

       17        days being legislative days.

       18                      ACTING PRESIDENT MEIER:  On

       19        motion, the Senate stands adjourned until

       20        Monday, March 30th, at 3:00 p.m. Intervening

       21        days will be legislative days.

       22                      (Whereupon, at 11:29 a.m., the

       23        Senate adjourned.)

       24

       25