Regular Session - June 11, 1998
4412
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8 ALBANY, NEW YORK
9 June 11, 1998
10 10:03 a.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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4413
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. If everybody in the chamber would rise
6 and join me in saying the Pledge of Allegiance.
7 (The assemblage repeated the
8 Pledge of Allegiance to the Flag.)
9 May we bow our heads in a moment
10 of silence.
11 (A moment of silence was
12 observed.)
13 ACTING PRESIDENT KUHL: The
14 reading of the Journal.
15 THE SECRETARY: In Senate,
16 Wednesday, June 10th. The Senate met pursuant
17 to adjournment. The Journal of Tuesday, June
18 9th, was read and approved. On motion, the
19 Senate 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.
4414
1 Reports of standing committees.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 The Chair recognizes Senator
7 Marcellino.
8 SENATOR MARCELLINO: Thank you,
9 Mr. President.
10 I wish to call up Senator
11 Velella's bill, number 5421, recalled from the
12 Assembly, which is now at the desk.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read.
15 THE SECRETARY: By Senator
16 Velella, Senate Print 5421, an act to amend the
17 Criminal Procedure Law.
18 ACTING PRESIDENT KUHL: Senator
19 Marcellino.
20 SENATOR MARCELLINO: Mr.
21 President, I now move to reconsider the vote by
22 which this bill was passed.
23 ACTING PRESIDENT KUHL: The
24 Secretary will call the roll on
25 reconsideration.
4415
1 (The Secretary called the roll on
2 reconsideration.)
3 THE SECRETARY: Ayes 37.
4 SENATOR MARCELLINO: I now offer
5 the following amendments, Mr. President.
6 ACTING PRESIDENT KUHL: The
7 amendments are received.
8 Senator Marcellino.
9 SENATOR MARCELLINO: Mr.
10 President, on behalf of Senator Holland, I call
11 up his bill, Print Number 5989-A, recalled from
12 the Assembly, which is now at the desk.
13 ACTING PRESIDENT KUHL: The
14 Secretary will read.
15 THE SECRETARY: By Senator
16 Holland, Senate Print 5989-A, an act to amend
17 the Social Services Law.
18 SENATOR MARCELLINO: Mr.
19 President, I move to reconsider the vote by
20 which this bill was passed.
21 ACTING PRESIDENT KUHL: The
22 Secretary will call the roll on reconsideration.
23 (The Secretary called the roll on
24 reconsideration.)
25 THE SECRETARY: Ayes 37.
4416
1 SENATOR MARCELLINO: Mr.
2 President, I now offer the following amendments.
3 ACTING PRESIDENT KUHL: The
4 amendments are received and adopted.
5 Senator Marcellino.
6 SENATOR MARCELLINO: Mr.
7 President, on behalf of Senator Stafford, I wish
8 to call up his bill, Print Number 6772, recalled
9 from the Assembly, which is now at the desk.
10 ACTING PRESIDENT KUHL: The
11 Secretary will read.
12 THE SECRETARY: By Senator
13 Stafford, Senate Print 6772, an act to amend the
14 Public Authorities Law.
15 ACTING PRESIDENT KUHL: Senator
16 Marcellino.
17 SENATOR MARCELLINO: Mr.
18 President, I now move to reconsider the vote by
19 which this bill was passed.
20 ACTING PRESIDENT KUHL: Call the
21 roll on reconsideration.
22 (The Secretary called the roll on
23 reconsideration.)
24 THE SECRETARY: Ayes 37.
25 ACTING PRESIDENT KUHL: Senator
4417
1 Marcellino.
2 SENATOR MARCELLINO: Mr.
3 President, I offer the following amendments.
4 ACTING PRESIDENT KUHL: The
5 amendments are received and adopted.
6 Senator Marcellino.
7 SENATOR MARCELLINO: Mr.
8 President, on behalf of Senator Saland, I wish
9 to call up his bill, Print Number 3442, recalled
10 from the Assembly, which is now at the desk.
11 ACTING PRESIDENT KUHL: The
12 Secretary will read.
13 THE SECRETARY: By Senator
14 Saland, Senate Print 3442, an act to amend the
15 Domestic Relations Law.
16 ACTING PRESIDENT KUHL: Senator
17 Marcellino.
18 SENATOR MARCELLINO: Mr.
19 President, I now move to reconsider the vote by
20 which this bill was passed.
21 ACTING PRESIDENT KUHL: Call the
22 roll on reconsideration.
23 (The Secretary called the roll on
24 reconsideration.)
25 THE SECRETARY: Ayes 37.
4418
1 ACTING PRESIDENT KUHL: Senator
2 Marcellino.
3 SENATOR MARCELLINO: Mr.
4 President, I now offer the following amendments.
5 ACTING PRESIDENT KUHL: The
6 amendments are received and adopted.
7 Senator Marcellino.
8 SENATOR MARCELLINO: On behalf of
9 Senator Volker, Mr. President, I wish to call up
10 his bill, Print Number 6739-A, recalled from the
11 Assembly, which is now at the desk.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read.
14 THE SECRETARY: By Senator
15 Volker, Senate Print 6739-A, an act to amend the
16 Local Finance Law.
17 ACTING PRESIDENT KUHL: Senator
18 Marcellino.
19 SENATOR MARCELLINO: Mr.
20 President, I now move to reconsider the vote by
21 which this bill passed.
22 ACTING PRESIDENT KUHL: The
23 Secretary will call the roll on reconsideration.
24 (The Secretary called the roll on
25 reconsideration.)
4419
1 THE SECRETARY: Ayes 37.
2 ACTING PRESIDENT KUHL: Senator
3 Marcellino.
4 SENATOR MARCELLINO: Mr.
5 President, I now offer the following amendments.
6 ACTING PRESIDENT KUHL: The
7 amendments are received and adopted.
8 Senator Marcellino.
9 SENATOR MARCELLINO: Thank you,
10 Mr. President.
11 Amendments are offered on the
12 following Third Reading Calendar bills:
13 On behalf of Senator Balboni,
14 page number 25, Calendar Number 833, Senate
15 Print Number 4248-A;
16 On behalf of Senator Maziarz,
17 page number 29, Calendar Number 919, Senate
18 Print Number 7367;
19 On behalf of Senator Balboni,
20 page number 31, Calendar Number 953, Senate
21 Print Number 7325;
22 On behalf of Senator Balboni,
23 page number 37, Calendar Number 1086, Senate
24 Print Number 6709;
25 On behalf of Senator Spano, on
4420
1 page number 41, Calendar Number 1195, Senate
2 Print Number 7507;
3 On behalf of Senator Santiago, on
4 page number 44, Calendar Number 1279, Senate
5 Print Number 4290;
6 On behalf of Senator DeFrancisco,
7 page number 45, Calendar Number 1295, Senate
8 Print Number 7097;
9 On behalf of Senator Balboni,
10 page number 47, Calendar Number 1309, Senate
11 Print Number 7589 and, Mr. President, I now move
12 these bills retain their place on the Third
13 Reading Calendar.
14 ACTING PRESIDENT KUHL: The
15 amendments are received and adopted and all the
16 bills will retain their place on the Third
17 Reading Calendar.
18 SENATOR MARCELLINO: Thank you,
19 Mr. President.
20 ACTING PRESIDENT KUHL: Thank
21 you, Senator Marcellino.
22 Senator Skelos, we have a couple
23 of substitutions at the desk.
24 SENATOR SKELOS: Please make the
25 substitutions.
4421
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the substitutions.
3 THE SECRETARY: On page 29,
4 Senator Skelos moves to discharge from the
5 Committee on Rules Assembly Print 9583-E and
6 substitute it for the identical Senate Bill
7 6427-E.
8 On page 43, Senator Farley moves
9 to discharge from the Committee on Rules
10 Assembly Bill 1974-B and substitute it for the
11 identical Senate Bill 1276-B.
12 ACTING PRESIDENT KUHL: The
13 substitutions are ordered.
14 Senator Skelos.
15 SENATOR SKELOS: Mr. President, I
16 believe there's a privileged resolution at the
17 desk sponsored by Senator Seward. May we please
18 have the title read and move for its immediate
19 adoption.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the privileged resolution by
22 Senator Seward, the title to the privileged
23 resolution.
24 THE SECRETARY: By Senator
25 Seward, Legislative Resolution honoring the past
4422
1 and present members of the Summit Fire
2 Department for 50 years of fire protection to
3 the citizens of Summit and its surrounding
4 communities on Saturday, June 13th, 1998.
5 ACTING PRESIDENT KUHL: The
6 question is on the resolution. All those in
7 favor signify by saying aye.
8 (Response of "Aye".)
9 Opposed, nay.
10 (There was no response.)
11 The resolution is adopted.
12 Senator Skelos.
13 SENATOR SKELOS: Mr. President,
14 there's a privileged resolution at the desk by
15 Senator Lack. May we please have the title read
16 and move for its immediate adoption.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the title to the privileged
19 resolution by Senator Lack.
20 THE SECRETARY: By Senator Lack,
21 Legislative Resolution honoring Peter J. Nolan
22 upon the occasion of his retirement after many
23 years of distinguished service to the village of
24 Northport, New York.
25 ACTING PRESIDENT KUHL: The
4423
1 question is on the resolution. All those in
2 favor signify by saying aye.
3 (Response of "Aye".)
4 Opposed, nay.
5 (There was no response.)
6 The resolution is adopted.
7 Senator Skelos.
8 SENATOR SKELOS: Mr. President,
9 there's a privileged resolution at the desk by
10 Senator Connor. May we please have the title
11 read and move for its immediate adoption.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the title to the privileged
14 resolution by Senator Connor.
15 THE SECRETARY: By Senator
16 Connor, Legislative Resolution commending John
17 P. Musico, superintendent of Community School
18 District 14 for his distinguished service to
19 Community School District 14 and the community.
20 ACTING PRESIDENT KUHL: The
21 question is on the resolution. All those in
22 favor signify by saying aye.
23 (Response of "Aye".)
24 Opposed, nay.
25 (There was no response.)
4424
1 The resolution is adopted.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 there's a privileged resolution at the desk by
5 Senator Goodman. May we please have the title
6 read and move for its immediate adoption.
7 ACTING PRESIDENT KUHL: The
8 Secretary will read the title to the privileged
9 resolution by Senator Goodman.
10 THE SECRETARY: By Senator
11 Goodman, Legislative Resolution honoring Madison
12 Avenue Book Shop upon the occasion of its 25th
13 anniversary.
14 ACTING PRESIDENT KUHL: The
15 question is on the resolution. All those in
16 favor signify by saying aye.
17 (Response of "Aye".)
18 Opposed, nay.
19 (There was no response.)
20 The resolution is adopted.
21 Senator Skelos.
22 SENATOR SKELOS: Mr. President,
23 there's another privileged resolution at the
24 desk by Senator Goodman. May we please have the
25 title read and move for its immediate adoption.
4425
1 ACTING PRESIDENT KUHL: The
2 Secretary will read the title to the privileged
3 resolution by Senator Goodman.
4 THE SECRETARY: By Senator
5 Goodman, Legislative Resolution honoring Dr.
6 Edward G. Kaufman upon the occasion of his
7 retirement after 50 years of distinguished
8 service with the New York University College of
9 Dentistry, the last 13 years as dean.
10 ACTING PRESIDENT KUHL: The
11 question is on the resolution. All those in
12 favor signify by saying aye.
13 (Response of "Aye".)
14 Opposed, nay.
15 (There was no response.)
16 The resolution is adopted.
17 Senator Skelos, that brings us to
18 the calendar.
19 SENATOR SKELOS: Please proceed
20 with the non-controversial calendar.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read the non-controversial
23 calendar.
24 THE SECRETARY: Calendar Number
25 141, by Senator Alesi, Senate Print 948-A, an
4426
1 act to amend the Penal Law.
2 ACTING PRESIDENT KUHL: The
3 Secretary will read the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect on the first day of
6 November.
7 ACTING PRESIDENT KUHL: Call the
8 roll.
9 (The Secretary called the roll.)
10 THE SECRETARY: Ayes 37 -- ayes
11 36, nays 1, Senator Kuhl recorded in the
12 negative.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 479, by Senator Hannon, Senate Print 6263-A, an
17 act in relation to permitting the Church of New
18 Life.
19 ACTING PRESIDENT KUHL: The
20 Secretary will read the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
4427
1 ACTING PRESIDENT KUHL: Announce
2 the results.
3 THE SECRETARY: Ayes 35, nays 2,
4 Senators Cook and Dollinger recorded in the
5 negative.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 514, by Senator Spano, Senate Print 6571-B, an
10 act to amend the Labor Law, in relation to field
11 sanitation.
12 ACTING PRESIDENT KUHL: The
13 Secretary will read the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect on the 120th day.
16 ACTING PRESIDENT KUHL: Call the
17 roll.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes 37.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 638, by Senator Rath, Senate Print 6485-A, an
24 act to amend the Real Property Tax Law.
25 ACTING PRESIDENT KUHL: Read the
4428
1 last section.
2 THE SECRETARY: Section 5. This
3 act shall take effect on the first day of
4 January.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 37.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 751, by member of the Assembly Destito, Assembly
13 Print 9993, an act to amend the Judiciary Law.
14 ACTING PRESIDENT KUHL: The
15 Secretary will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect on the same date as
18 Chapter 242 of the Laws of 1997.
19 ACTING PRESIDENT KUHL: Call the
20 roll.
21 (The Secretary called the roll.)
22 THE SECRETARY: Ayes 37.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4429
1 847, by Senator Maziarz, Senate Print 7079, an
2 act to amend the Penal Law, in relation to
3 creating.
4 ACTING PRESIDENT KUHL: The
5 Secretary will read the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect on the first day of
8 November.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 37.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 855, by Senator Marcellino, Senate Print 5227-A,
17 an act to amend the Environmental Conservation
18 Law, in relation to hunting, trapping and
19 fishing.
20 ACTING PRESIDENT KUHL: Read the
21 last section.
22 THE SECRETARY: Section 9. This
23 act shall take effect on the first day of
24 January.
25 ACTING PRESIDENT KUHL: Call the
4430
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 37.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 871, by Senator Farley, Senate Print 7352-B -
8 SENATOR SKELOS: Lay it aside for
9 the day.
10 ACTING PRESIDENT KUHL: Lay the
11 bill aside for the day.
12 THE SECRETARY: Calendar Number
13 952, by Senator Maziarz, Senate Print 7248-B, an
14 act in relation to authorizing the Finger Lakes
15 Regional Education Center.
16 ACTING PRESIDENT KUHL: Read the
17 last section.
18 THE SECRETARY: Section 3. This
19 act shall take effect on July 1st.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 37.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
4431
1 THE SECRETARY: Calendar Number
2 960, by Senator Cook, Senate Print 6514-A, an
3 act to authorize payment of transportation aid.
4 ACTING PRESIDENT KUHL: There is
5 a local fiscal impact note at the desk. The
6 Secretary will read the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 37.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 977, by Senator Marcellino, Senate Print 6289-A,
17 an act to amend the Penal Law, in relation to
18 authorizing.
19 ACTING PRESIDENT KUHL: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first day of
23 January.
24 ACTING PRESIDENT KUHL: Call the
25 roll.
4432
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 37.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 995, by Senator Saland, Senate Print 1137, an
7 act to amend the Family Court Act.
8 ACTING PRESIDENT KUHL: Read the
9 last section.
10 THE SECRETARY: Section 9. This
11 act shall take effect on the first day of
12 November.
13 ACTING PRESIDENT KUHL: Call the
14 roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes 37.
17 ACTING PRESIDENT KUHL: The bill
18 is passed.
19 THE SECRETARY: Calendar Number
20 997, by Senator Saland, Senate Print 3424, an
21 act to amend the Family Court Act.
22 ACTING PRESIDENT KUHL: Read the
23 last section.
24 THE SECRETARY: Section 6. This
25 act shall take effect on the first day of
4433
1 November.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 37.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1036, by Senator Nozzolio, Senate Print 7298-A,
10 an act to authorize the county of Monroe.
11 ACTING PRESIDENT KUHL: There is
12 a home rule message at the desk. Read the last
13 section.
14 THE SECRETARY: Section 3. 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 37.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1049, by Senator Marcellino, Senate Print 7404,
24 an act to amend the Environmental Conservation
25 Law, in relation to importation.
4434
1 ACTING PRESIDENT KUHL: Read the
2 last section.
3 THE SECRETARY: Section 13. This
4 act shall take effect January 1st.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 37.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1069, by Senator Fuschillo, Senate Print 6930,
13 an act to amend the Real Property Tax Law.
14 ACTING PRESIDENT KUHL: Read the
15 last section.
16 THE SECRETARY: Section 3. 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 37.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1121, by Senator Kuhl, Senate Print 6828-B, an
4435
1 act to amend the Agriculture and Markets Law.
2 ACTING PRESIDENT KUHL: Read the
3 last section.
4 THE SECRETARY: Section 4. This
5 act shall take effect on the 60th day.
6 ACTING PRESIDENT KUHL: Call the
7 roll.
8 (The Secretary called the roll.)
9 THE SECRETARY: Ayes 37.
10 ACTING PRESIDENT KUHL: The bill
11 is passed.
12 THE SECRETARY: Calendar Number
13 1151, by Senator Lack, Senate Print 6762, an act
14 to amend the General Obligations Law.
15 ACTING PRESIDENT KUHL: Read the
16 last section.
17 THE SECRETARY: Section 3. 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 37.
23 ACTING PRESIDENT KUHL: The bill
24 is passed.
25 THE SECRETARY: Calendar Number
4436
1 1188, by Senator Johnson, Senate Print 4556-B,
2 an act to amend the Tax Law, in relation to
3 medical savings.
4 SENATOR STACHOWSKI: Lay it
5 aside.
6 ACTING PRESIDENT KUHL: Lay the
7 bill aside.
8 THE SECRETARY: Calendar Number
9 1217, by Senator Alesi, Senate Print 6773, an
10 act to amend the Tax Law, in relation to
11 exemptions.
12 ACTING PRESIDENT KUHL: Read the
13 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 37.
20 ACTING PRESIDENT KUHL: The bill
21 is passed.
22 THE SECRETARY: Calendar Number
23 1267, by Senator Libous, Senate Print 7569, an
24 act to authorize the trustees.
25 SENATOR SKELOS: Lay it aside for
4437
1 the day.
2 ACTING PRESIDENT KUHL: Lay the
3 bill aside for the day.
4 THE SECRETARY: Calendar Number
5 1272, by Senator Kuhl, Senate Print 210, an act
6 to amend the Education Law, in relation to
7 optional retirement.
8 ACTING PRESIDENT KUHL: Read the
9 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 THE SECRETARY: Ayes 37.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1274, substituted earlier today, by member of
20 the Assembly Luster, Assembly Print 1974-B, an
21 act to amend the Education Law.
22 ACTING PRESIDENT KUHL: Read the
23 last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
4438
1 ACTING PRESIDENT KUHL: Call the
2 roll.
3 (The Secretary called the roll.)
4 THE SECRETARY: Ayes 37.
5 ACTING PRESIDENT KUHL: The bill
6 is passed.
7 THE SECRETARY: Calendar Number
8 1275, by Senator Rath, Senate Print 2393-A -
9 SENATOR SKELOS: Lay it aside for
10 the day.
11 THE SECRETARY: -- an act to
12 amend the Executive Law.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside for the day.
15 THE SECRETARY: Calendar Number
16 1276, by Senator LaValle, Senate Print 2464-B,
17 an act to amend the General Obligations Law.
18 ACTING PRESIDENT KUHL: Read the
19 last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect in 90 days.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 37.
4439
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1277, by Senator Saland, Senate Print 3549-B, an
5 act to amend the Retirement and Social Security
6 Law.
7 ACTING PRESIDENT KUHL: There is
8 a home rule message at the desk. Read the last
9 section.
10 THE SECRETARY: Section 4. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 39.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1278, by Senator Wright, Senate Print 3811 -
20 SENATOR STACHOWSKI: Lay the bill
21 aside.
22 ACTING PRESIDENT KUHL: Lay the
23 bill aside.
24 THE SECRETARY: Calendar Number
25 1280, by Senator Maziarz, Senate Print 44...
4440
1 SENATOR MAZIARZ: Lay the bill
2 aside for the day, please.
3 ACTING PRESIDENT KUHL: Lay the
4 bill aside for the day at the request of the
5 sponsor.
6 THE SECRETARY: Calendar Number
7 1281, by Senator Farley, Senate Print 5029-A, an
8 act to amend the Banking Law, in relation to the
9 protection.
10 ACTING PRESIDENT KUHL: Read the
11 last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day.
14 ACTING PRESIDENT KUHL: Call the
15 roll.
16 (The Secretary called the roll.)
17 THE SECRETARY: Ayes 39.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1283, by Senator Montgomery, Senate Print 5446,
22 an act to amend the Emergency Tenant Protection
23 Act.
24 ACTING PRESIDENT KUHL: Read the
25 last section.
4441
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 ACTING PRESIDENT KUHL: Announce
7 the results.
8 THE SECRETARY: Those recorded in
9 the negative on Calendar Number 1283 are
10 Senators Farley, Meier, Seward and Wright, also
11 Senator Saland, also Senator Nozzolio.
12 ACTING PRESIDENT KUHL: Lay the
13 bill aside -- withdraw the roll call and lay the
14 bill aside.
15 THE SECRETARY: Calendar Number
16 1285, by Senator Rath, Senate Print 6509, an act
17 to amend the Real Property Tax Law.
18 ACTING PRESIDENT KUHL: Read the
19 last section.
20 SENATOR DOLLINGER: 1285, Mr.
21 President. Can we lay that bill aside, 1285?
22 ACTING PRESIDENT KUHL: You want
23 Calendar Number 1285 laid aside, Senator
24 Dollinger?
25 SENATOR DOLLINGER: Yes, Mr.
4442
1 President.
2 ACTING PRESIDENT KUHL: Okay.
3 Lay Calendar Number 1285 aside. We'll go back
4 to Calendar 1284.
5 THE SECRETARY: Calendar Number
6 1284, by Senator Kuhl, Senate Print 6184, an act
7 to amend the Private Housing Finance Law.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT KUHL: Call the
13 roll.
14 (The Secretary called the roll.)
15 THE SECRETARY: Ayes 39.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1286, by Senator Skelos, Senate Print 6552-A, an
20 act to amend the State Finance Law.
21 ACTING PRESIDENT KUHL: Read the
22 last section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT KUHL: Call the
4443
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 39.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 THE SECRETARY: Calendar Number
7 1287, by Senator Meier, Senate Print 6636, an
8 act in relation to creation of a fire protection
9 district.
10 ACTING PRESIDENT KUHL: There's a
11 home rule message at the desk. Read the last
12 section.
13 THE SECRETARY: Section 3. 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 39.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1288, by Senator Seward, Senate Print 6659-A, an
23 act to authorize Robert M. Foster to change the
24 beneficiary.
25 ACTING PRESIDENT KUHL: Read the
4444
1 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 ACTING PRESIDENT KUHL: Record
8 the negative. Announce the results.
9 THE SECRETARY: Ayes 38, nays 1.
10 Senator Dollinger recorded in the negative.
11 ACTING PRESIDENT KUHL: The bill
12 is passed.
13 THE SECRETARY: Calendar Number
14 1289, by Senator Alesi, Senate Print 6675, an
15 act to amend the General Business Law.
16 ACTING PRESIDENT KUHL: Read the
17 last section.
18 THE SECRETARY: Section 29. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 39.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
4445
1 THE SECRETARY: Calendar Number
2 1290, by Senator Balboni, Senate Print 6735, an
3 act to amend the Insurance Law.
4 ACTING PRESIDENT KUHL: Read the
5 last section.
6 THE SECRETARY: Section 6. 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 42.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1291, by Senator Saland, Senate Print 6754, an
16 act to amend the Retirement and Social Security
17 Law.
18 ACTING PRESIDENT KUHL: There is
19 a home rule message at the desk. Read the last
20 section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT KUHL: Call the
24 roll.
25 (The Secretary called the roll.)
4446
1 THE SECRETARY: Ayes 42.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Calendar Number
5 1292, by Senator Volker, Senate Print 6812, an
6 act to amend the Civil Practice Law and Rules.
7 ACTING PRESIDENT KUHL: Read the
8 last section.
9 THE SECRETARY: Section 2. 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 42.
15 ACTING PRESIDENT KUHL: The bill
16 is passed.
17 THE SECRETARY: Calendar Number
18 1293, by Senator Maltese, Senate Print 6993, an
19 act to amend the Real Property Law.
20 ACTING PRESIDENT KUHL: Read the
21 last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT KUHL: Call the
25 roll.
4447
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 42.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar Number
6 1294, by Senator Volker, Senate Print 7052, an
7 act in relation to allowing Geraldine Memmo to
8 be reclassified.
9 ACTING PRESIDENT KUHL: There is
10 a home rule message at the desk. Read the last
11 section.
12 THE SECRETARY: Section 3. 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 42.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1296, by Senator Farley, Senate Print 7165-A, an
22 act to authorize the city of Schenectady.
23 ACTING PRESIDENT KUHL: The
24 Secretary will read the last section.
25 THE SECRETARY: There is a home
4448
1 rule message at the desk. The Secretary will
2 read the last section.
3 THE SECRETARY: Section 3. 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 42.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1298, by Senator Saland, Senate Print 7310, an
13 act to permit the reopening of the optional
14 20-year retirement.
15 ACTING PRESIDENT KUHL: There is
16 a home rule message at the desk. Read the last
17 section.
18 THE SECRETARY: Section 3. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT KUHL: Record
24 the negative. Announce the results.
25 THE SECRETARY: Ayes 41, nays 1,
4449
1 Senator Dollinger recorded in the negative.
2 ACTING PRESIDENT KUHL: The bill
3 is passed.
4 THE SECRETARY: Excuse me. Also
5 Senator Cook. Ayes 40, nays 2.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1299, by Senator Seward, Senate Print 7420, an
10 act in relation to granting retroactive
11 membership.
12 ACTING PRESIDENT KUHL: There is
13 a home rule message at the desk. The Secretary
14 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 ACTING PRESIDENT KUHL: Record
21 the negatives. Announce the results.
22 THE SECRETARY: Ayes 41, nays 1,
23 Senator Dollinger recorded in the negative.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
4450
1 THE SECRETARY: Calendar Number
2 1300, by Senator Wright, Senate Print 7456, an
3 act to amend the Real Property Tax Law.
4 ACTING PRESIDENT KUHL: Read the
5 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 42.
12 ACTING PRESIDENT KUHL: The bill
13 is passed.
14 THE SECRETARY: Calendar Number
15 1301, by Senator Lack, Senate Print 7468-A, an
16 act to amend the Judiciary Law and the State
17 Finance Law.
18 ACTING PRESIDENT KUHL: Read the
19 last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT KUHL: Call the
23 roll.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes 45.
4451
1 ACTING PRESIDENT KUHL: The bill
2 is passed.
3 THE SECRETARY: Calendar Number
4 1302, by Senator Skelos, Senate Print 7472, an
5 act authorizing the assessor of the county of
6 Nassau.
7 ACTING PRESIDENT KUHL: Read the
8 last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT KUHL: Call the
12 roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT KUHL: Record
15 the negative. Announce the results.
16 THE SECRETARY: Ayes 43, nays 2,
17 Senators Cook and Dollinger recorded in the
18 negative.
19 ACTING PRESIDENT KUHL: The bill
20 is passed.
21 THE SECRETARY: Calendar Number
22 1304 by Senator Goodman, Senate Print 7514, an
23 act to amend the Tax Law and the Administrative
24 Code of the city of New York.
25 ACTING PRESIDENT KUHL: There is
4452
1 a local fiscal impact note at the desk. Read
2 the last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect in 60 days.
5 ACTING PRESIDENT KUHL: Call the
6 roll.
7 (The Secretary called the roll.)
8 THE SECRETARY: Ayes 45.
9 ACTING PRESIDENT KUHL: The bill
10 is passed.
11 THE SECRETARY: Calendar Number
12 1305, by Senator Velella, Senate Print 7538, an
13 act to amend the Administrative Code of the city
14 of New York.
15 ACTING PRESIDENT KUHL: There is
16 a home rule message at the desk. Read the last
17 section.
18 THE SECRETARY: Section 4. This
19 act shall take effect immediately.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 46.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
4453
1 THE SECRETARY: Calendar Number
2 1306, by Senator Stafford, Senate Print 7549, an
3 act legalizing and ratifying certain acts.
4 ACTING PRESIDENT KUHL: There is
5 a local fiscal impact note at the desk. Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT KUHL: Call the
10 roll.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes 46.
13 ACTING PRESIDENT KUHL: The bill
14 is passed.
15 THE SECRETARY: Calendar Number
16 1307, by Senator Skelos, Senate Print 7566, an
17 act to amend the Penal Law, in relation to
18 defenses against a charge.
19 ACTING PRESIDENT KUHL: Read the
20 last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect on the first day of
23 November.
24 ACTING PRESIDENT KUHL: Call the
25 roll.
4454
1 (The Secretary called the roll.)
2 ACTING PRESIDENT KUHL: Record
3 the negatives. Announce the results.
4 THE SECRETARY: Ayes 44, nays 2,
5 Senators LaValle and Padavan recorded in the
6 negative.
7 ACTING PRESIDENT KUHL: The bill
8 is passed.
9 THE SECRETARY: Calendar Number
10 1308, by Senator Marcellino, Senate Print
11 7586-A, an act to amend the Town Law, in
12 relation to providing.
13 ACTING PRESIDENT KUHL: There is
14 a home rule message at the desk. Read the last
15 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 46.
22 ACTING PRESIDENT KUHL: The bill
23 is passed.
24 THE SECRETARY: Calendar Number
25 1310, by the Senate Committee on Rules, Senate
4455
1 Print 7594, an act to amend the New York State
2 Printing and Public Documents Law.
3 SENATOR STACHOWSKI: Lay it
4 aside.
5 ACTING PRESIDENT KUHL: Lay the
6 bill aside.
7 THE SECRETARY: Calendar Number
8 1311, by Senator Balboni, Senate Print 7606, an
9 act to amend Chapter 602 of the Laws of 1993.
10 ACTING PRESIDENT KUHL: Read the
11 last section.
12 THE SECRETARY: Section 2. 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 46.
18 ACTING PRESIDENT KUHL: The bill
19 is passed.
20 THE SECRETARY: Calendar Number
21 1312, by Senator Johnson, Senate Print 7612, an
22 act to amend the Public Authorities Law.
23 ACTING PRESIDENT KUHL: Read the
24 last section.
25 THE SECRETARY: Section 3. This
4456
1 act shall take effect immediately.
2 ACTING PRESIDENT KUHL: Call the
3 roll.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes 46.
6 ACTING PRESIDENT KUHL: The bill
7 is passed.
8 THE SECRETARY: Calendar Number
9 1313, by Senator Velella, Senate Print 7616, an
10 act to amend the Insurance Law.
11 SENATOR STACHOWSKI: Lay it
12 aside.
13 ACTING PRESIDENT KUHL: Lay the
14 bill aside.
15 ACTING PRESIDENT KUHL: Senator
16 Skelos, that completes the reading of the
17 non-controversial calendar.
18 SENATOR SKELOS: Mr. President,
19 please take up the controversial calendar.
20 SENATOR COOK: Mr. President.
21 ACTING PRESIDENT KUHL: Senator
22 Cook, why do you rise?
23 SENATOR COOK: I would like to be
24 in the negative on Calendar 514 and in the
25 affirmative on 1298 -- 1298. I inadvertently
4457
1 voted against it.
2 ACTING PRESIDENT KUHL: Without
3 objection, hearing no objection, Senator Cook
4 will be recorded in the negative on Calendar
5 Number 1298.
6 Senator Padavan, why do you
7 rise?
8 SENATOR COOK: Mr. President,
9 that's not correct. The negative -
10 ACTING PRESIDENT KUHL: I'm just
11 getting a little conversation, Senator Cook,
12 that's disturbing. I'm sorry.
13 SENATOR COOK: The negative is on
14 514 and I inadvertently voted in the negative on
15 1298. I want to be recorded in the affirmative
16 on that.
17 ACTING PRESIDENT KUHL: Senator
18 Cook will be recorded in the affirmative on
19 Calendar Number 1298. Thank you.
20 Senator Saland, why do you rise?
21 SENATOR SALAND: Mr. President, I
22 would request unanimous consent to be recorded
23 in the negative on Calendar Number 1307.
24 ACTING PRESIDENT KUHL: 1307,
25 without objection, Senator Saland will be
4458
1 recorded in the negative on Calendar Number
2 1307.
3 Senator Padavan, why do you
4 rise?
5 SENATOR PADAVAN: I would like to
6 be in the negative on Calendar 1295.
7 ACTING PRESIDENT KUHL: Without
8 objection, hearing no objection, Senator Padavan
9 will be recorded in the negative on Calendar -
10 Senator Padavan, Calendar Number 12... Senator
11 Padavan, Calendar Number 1295 was not passed.
12 SENATOR PADAVAN: Thank you.
13 ACTING PRESIDENT KUHL: Senator
14 Dollinger, why do you rise?
15 SENATOR DOLLINGER: Mr.
16 President, I'd just ask for unanimous consent to
17 be recorded in the negative on Calendar Number
18 1307.
19 ACTING PRESIDENT KUHL: Without
20 objection, hearing no objection, Senator
21 Dollinger will be recorded in the negative on
22 Calendar Number 1307.
23 Senator Marcellino, did you have
24 a motion?
25 SENATOR MARCELLINO: Yes, Mr.
4459
1 President. I do.
2 ACTING PRESIDENT KUHL: Senator
3 Skelos, can we return to the order of motions
4 and resolutions.
5 The Chair recognizes Senator
6 Marcellino.
7 SENATOR MARCELLINO: Mr.
8 President, on behalf of Senator Skelos, on page
9 number 4, I offer the following amendments to
10 Calendar Number 56, Senate Print Number 308-A,
11 and ask that said bill retain its place on the
12 Third Reading Calendar.
13 ACTING PRESIDENT KUHL: The
14 amendments are received and adopted. The bill
15 will retain its place on the Third Reading
16 Calendar.
17 SENATOR MARCELLINO: Thank you.
18 ACTING PRESIDENT KUHL: Senator
19 Skelos, that brings us to the controversial
20 calendar.
21 SENATOR SKELOS: Please proceed
22 with the controversial calendar.
23 ACTING PRESIDENT KUHL: The
24 Secretary will read the controversial calendar
25 beginning with Calendar Number 1188, by Senator
4460
1 Johnson.
2 THE SECRETARY: Calendar Number
3 1188, by Senator Johnson, Senate Print 4556-B,
4 an act to amend the Tax Law, in relation to
5 medical savings.
6 SENATOR STACHOWSKI: Explanation.
7 ACTING PRESIDENT KUHL: Senator
8 Johnson, an explanation of Calendar Number 1188
9 has been requested by the Acting Minority
10 Leader, Senator Stachowski.
11 SENATOR JOHNSON: Mr. President,
12 the 1996 Kennedy-Kassebaum bill reformed health
13 care and provided in that bill another mechanism
14 for small businesses and self-employed
15 individuals to purchase health care. It's a -
16 called their medical savings account. It's a
17 combination of a high deductible health
18 insurance policy and a savings account created
19 in which pretaxed dollars are put aside to pay
20 your medical claims which are under the
21 deductible.
22 This would provide a state tax
23 credit to complement the federal tax deduction
24 and in this case, the state tax credit would be
25 a maximum of $146 per individual or $337 per
4461
1 family, and this would essentially give another
2 option to an individual or a small business to
3 buy coverage, another kind of coverage which
4 they might like to buy and this would provide an
5 additional incentive for them to do so in
6 addition to what the incentive provided in the
7 federal law.
8 ACTING PRESIDENT KUHL: Senator
9 Stachowski.
10 SENATOR STACHOWSKI: Mr.
11 President, if Senator Johnson would yield to one
12 question.
13 ACTING PRESIDENT KUHL: Senator
14 Johnson, do you yield to a question from Senator
15 Stachowski?
16 SENATOR JOHNSON: Yes.
17 SENATOR STACHOWSKI: The only
18 question we have, Senator, is what would the
19 cost of this program roughly be to the state?
20 Is there an estimated cost?
21 SENATOR JOHNSON: Well, yeah. We
22 have several estimates and there was an estimate
23 by the Tax and Finance Department that it would
24 be up to $5 million, and I went over the figures
25 and our fiscal analyst went over the figures
4462
1 with us and thought that it would be most likely
2 no more than 1.5 million since very few people
3 are in the plan in the state so far and it was
4 not predicted to grow that rapidly. So it would
5 be much, much less than $5 million that it might
6 cost altogether but there would be a savings, of
7 course, for people who are now uninsured, they
8 would save -- we would save money on possibly
9 Medicaid claims or others.
10 SENATOR STACHOWSKI: Thank you,
11 Senator.
12 ACTING PRESIDENT KUHL: The
13 Secretary -- Senator Dollinger.
14 SENATOR DOLLINGER: Will the
15 sponsor yield to just one other question?
16 ACTING PRESIDENT KUHL: Senator
17 Johnson, do you yield to a question from Senator
18 Dollinger?
19 SENATOR JOHNSON: Yes.
20 ACTING PRESIDENT KUHL: The
21 Senator yields.
22 SENATOR DOLLINGER: I note in the
23 memorandum that accompanies the bill, it talks
24 about paying for the cost of long-term care.
25 Could you just explain to me how the amounts
4463
1 deposited in the account are withdrawn to pay
2 the premium on long-term care insurance? Can it
3 be used for that purpose as well?
4 SENATOR JOHNSON: Well, of
5 course, we're talking about the federal law
6 makes that provision and all we're saying is
7 this fund which you set aside to pay annual
8 claims, if you don't use that money, it can
9 accumulate at interest tax-free and it can be
10 drawn out after you're 65 and can be used for
11 various purposes but one of the purposes is
12 purchasing long-term care insurance.
13 SENATOR DOLLINGER: Again through
14 you, Mr. President, just so I -
15 ACTING PRESIDENT KUHL: Senator
16 Johnson, do you continue to yield? The Senator
17 continues to yield.
18 SENATOR JOHNSON: Yes.
19 SENATOR DOLLINGER: I just want
20 to make sure. If you set up a medical savings
21 account -- I know it's governed by federal law
22 -- and you get a tax credit in New York, can
23 you also use the amount deposited in the account
24 to pay your annual premium for long-term care
25 insurance?
4464
1 SENATOR JOHNSON: Yes.
2 SENATOR DOLLINGER: You can.
3 SENATOR JOHNSON: I understand
4 that's the case.
5 SENATOR DOLLINGER: Okay. So in
6 essence what we're doing by this is to those who
7 can afford it, we're making long-term care
8 insurance deductible up to ten percent on your
9 income -- on your state income tax return as a
10 credit, is that correct?
11 SENATOR JOHNSON: Well, we're
12 talking about a maximum credit for our people of
13 $146 or $337. That's the maximum tax credit
14 they would get. So it's not costing us any more
15 than that as a state.
16 SENATOR DOLLINGER: Okay.
17 Thank you, Mr. President. Just
18 briefly, on the bill.
19 ACTING PRESIDENT KUHL: Senator
20 Dollinger, on the bill.
21 SENATOR DOLLINGER: I'm going to
22 vote in favor of this bill. I think we all need
23 to recognize one thing about medical savings
24 accounts, however, that they will be, at least
25 in my judgment, of minimal value to the
4465
1 uninsured because the reason why they're
2 uninsured is that they can't afford the cost of
3 medical services generally. In many cases
4 they're not filing and individually itemizing
5 their deductions for these type of accounts. I
6 think to some extent this may be a further
7 assistance to the middle class and the upper
8 class in allowing tax-free savings to accumulate
9 to pay for some medical costs. To that extent,
10 I think it's a good idea, but the notion that it
11 will somehow be universally used by the poor or
12 by those who can't afford health insurance is
13 something of a an overestimate of the effect of
14 this bill.
15 I'm going to vote in favor of it
16 because I think it does some good things in
17 terms of allowing people to accumulate money to
18 pay for certain expenses, but I don't think it
19 will have universal use.
20 ACTING PRESIDENT KUHL: The
21 Secretary will read the last section.
22 THE SECRETARY: Section 3. This
23 act shall take effect immediately.
24 ACTING PRESIDENT KUHL: Call the
25 roll.
4466
1 (The Secretary called the roll.)
2 THE SECRETARY: Ayes 46.
3 ACTING PRESIDENT KUHL: The bill
4 is passed.
5 THE SECRETARY: Calendar
6 Number -
7 ACTING PRESIDENT KUHL: Senator
8 Skelos.
9 SENATOR SKELOS: Mr. President,
10 there will be an immediate meeting of the Rules
11 Committee in the Majority Conference Room.
12 ACTING PRESIDENT KUHL: There
13 will be an immediate meeting of the Rules
14 Committee, immediate meeting of the Rules
15 Committee in the Majority Conference Room, Room
16 332. Immediate meeting of the Rules Committee
17 in the Majority Conference Room, Room 332.
18 The Secretary will continue to
19 read the controversial calendar.
20 THE SECRETARY: Calendar Number
21 1278, by Senator Wright, Senate Print 3811, an
22 act to amend the Tax Law, in relation to
23 expanding.
24 SENATOR STACHOWSKI: Explanation.
25 ACTING PRESIDENT KUHL: Senator
4467
1 Wright, an explanation of Calendar Number 1278
2 has been requested by the Acting Minority
3 Leader, Senator Stachowski.
4 SENATOR WRIGHT: Thank you, Mr.
5 President.
6 This bill amends the Tax Law with
7 regards to small business and the computing of
8 the franchise tax.
9 Currently new businesses are
10 allowed -- new small businesses are allowed to
11 exclude investment capital. This extends that
12 to existing small businesses.
13 SENATOR DOLLINGER: Mr.
14 President.
15 ACTING PRESIDENT KUHL: Senator
16 Dollinger.
17 SENATOR DOLLINGER: Will the
18 sponsor yield to just one question?
19 ACTING PRESIDENT KUHL: Senator
20 Wright, do you yield to a question?
21 SENATOR WRIGHT: Yes, I will.
22 ACTING PRESIDENT KUHL: The
23 Senator yields.
24 SENATOR DOLLINGER: What is -
25 the memo that accompanies the bill indicates
4468
1 that there will be a reduction, as I recall, in
2 state tax revenue. Do you know what that number
3 will be?
4 SENATOR WRIGHT: I do not, Mr.
5 President. We do not have a number that has
6 been calculated.
7 SENATOR DOLLINGER: Do you have
8 any idea of the magnitude of what we're talking
9 about? Is it something in the hundreds of
10 millions or less than that?
11 SENATOR WRIGHT: No. I would
12 anticipate that it's significantly less than
13 that. I would speculate that we're probably
14 looking at tens of millions as opposed to
15 hundreds of millions. You need a standard to
16 quantify it.
17 SENATOR DOLLINGER: All right. I
18 think, Mr. President, with that understanding,
19 as -- certainly as we look at all these tax
20 savings or tax reduction, revenue reduction
21 devices -- and we've done a number of them in
22 the chamber the last couple of days -- we have
23 to be aware of the impact on the bottom line to
24 the state, and I'm going to vote in favor of
25 this. I urge my colleagues to do the same, but
4469
1 I think it's just something we've got to keep in
2 mind, because as we accumulate all these taxes,
3 those tens of millions grow in the hundreds
4 which grow into billions and the next thing you
5 know, our surplus which we're proud to have, and
6 I think pleased to have, this year suddenly
7 melts away. So just to keep it in mind.
8 ACTING PRESIDENT KUHL: The
9 Secretary will read the last section.
10 SENATOR WRIGHT: I would concur
11 with the Senator's assessment and I would only
12 hope that we could grow small business so, in
13 fact, it could become tens of millions.
14 Thank you.
15 ACTING PRESIDENT KUHL: The
16 Secretary will read the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect on the 31st day of
19 December.
20 ACTING PRESIDENT KUHL: Call the
21 roll.
22 (The Secretary called the roll.)
23 THE SECRETARY: Ayes 46.
24 ACTING PRESIDENT KUHL: The bill
25 is passed.
4470
1 THE SECRETARY: Calendar Number
2 1283, by Senator Montgomery, Senate Print 5446,
3 an act to amend the Emergency Tenant Protection
4 Act.
5 ACTING PRESIDENT KUHL: The
6 Secretary will read the last section.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT KUHL: Call the
9 roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT KUHL: Record
12 the negatives. Announce the results.
13 THE SECRETARY: Ayes 44, nays 2,
14 Senators Meier and Saland recorded in the
15 negative.
16 ACTING PRESIDENT KUHL: The bill
17 is passed.
18 THE SECRETARY: Calendar Number
19 1285, by Senator Rath, Senate Print 6509, an act
20 to amend the Real Property Tax Law.
21 SENATOR MAZIARZ: Lay it aside
22 for the day.
23 ACTING PRESIDENT KUHL: Lay the
24 bill aside for the day.
25 THE SECRETARY: Calendar Number
4471
1 1310, by the Senate Committee on Rules, Senate
2 Print 7594, an act to amend the New York State
3 Printing and Public Documents Law.
4 SENATOR DOLLINGER: Explanation.
5 SENATOR MAZIARZ: Lay the bill
6 aside temporarily, please.
7 ACTING PRESIDENT KUHL: Lay the
8 bill aside temporarily.
9 THE SECRETARY: Calendar Number
10 1313, by Senator Velella, Senate Print 7616, an
11 act to amend the Insurance Law.
12 SENATOR DOLLINGER: Explanation,
13 please.
14 ACTING PRESIDENT KUHL: Senator
15 Velella, an explanation of Calendar Number 1313
16 has been requested by the Acting Minority
17 Leader.
18 SENATOR VELELLA: Yes. This is
19 an amendment to a bill that we did last year on
20 service contracts for appliances.
21 Many of us have bought appliances
22 and buy the service contract from a company for
23 a refrigerator or a stove or an air-conditioner
24 and you buy the service contract along with it
25 from Sears or some other company.
4472
1 Up until we passed this law last
2 year, you might be buying a five-year contract
3 to service your refrigerator or your air
4 conditioner but there was no guarantee that
5 there would be the money there five years down
6 the road. The company could fold. You pay the
7 five-year premium. Your air-conditioner breaks
8 in two years and there's nobody around to repair
9 it and there's no pool of money to go to to say,
10 well, this company should have been financially
11 -- this provision should have been financially
12 provided for in a guaranteed fund of some
13 nature.
14 So we require them to file with
15 the Insurance Department and be sure that there
16 was adequate financial backing so that when they
17 sell you a five-year contract, the
18 responsibility will be there for the five
19 years.
20 When we did that, we
21 inadvertently included service contracts such as
22 -- and this was the one group that came to us
23 -- people who sell you the annual service on
24 your boiler, the oil home heating people who
25 will service your home boiler for the year. We
4473
1 did not intend to include those annual contracts
2 into the bill and this provision that we are
3 doing now will take that group specifically out
4 of that requirement to file with the Insurance
5 Department.
6 I know there's a question about
7 the reason of the date of the retroactivity and
8 basically what that was, the date that we made
9 this retroactive to was the date that the bill
10 was signed, even though it wasn't the date that
11 it took effect. It was a combination of two
12 factors: One, when we did that, these contracts
13 were in existence and we did not intend to
14 affect existing contracts, nor could we under
15 the Constitution. So we wanted to clear that
16 issue up and in picking the date -- it's
17 basically a draftsman style, went to the date
18 the bill was signed rather than the date it
19 takes effect. We could not affect the law that
20 wasn't in effect or make a change in a law that
21 hadn't taken effect yet because the date was on
22 the date that the Governor signed it.
23 So the draftsman in doing it
24 chose the date the bill was signed into law
25 rather than the effective date. We're not
4474
1 changing anything other than the law of the day
2 it took effect. It would have no real impact.
3 SENATOR DOLLINGER: Through you,
4 Mr. President, just one question of
5 clarification.
6 ACTING PRESIDENT KUHL: Senator
7 Dollinger. Senator Velella, do you yield to a
8 question?
9 SENATOR DOLLINGER: Is it my
10 understanding what this bill does is eliminate
11 the home heating contractors who were servicing
12 boilers they were never intend to be in?
13 SENATOR VELELLA: Correct.
14 SENATOR DOLLINGER: It cuts them
15 out.
16 SENATOR DOLLINGER: Cuts them
17 out.
18 SENATOR VELELLA: And it goes
19 back to -- so again through you, Mr. President,
20 if Senator Velella will yield.
21 SENATOR VELELLA: Yes.
22 SENATOR DOLLINGER: Now, you have
23 a contract with your home heating oil supplier
24 to do your boiler. He -- if this law -- if your
25 law passes-- this bill passes and becomes law,
4475
1 they will no longer have the obligation to file
2 with the Department of Insurance the evidence
3 that they have sufficient financial resources to
4 fund the guarantee.
5 SENATOR VELELLA: Correct.
6 SENATOR DOLLINGER: It was never
7 an intention to do that.
8 SENATOR VELELLA: That was never
9 an intention and basically the reason is most of
10 these oil companies are financially able to
11 withstand a one-year contract.
12 What we were going after was the
13 company that sort of makes a deal with Sears and
14 says, we'll offer all of the people who buy
15 refrigerators service contracts and then they
16 disappear and two years into it you're looking
17 to have your refrigerator repaired.
18 SENATOR DOLLINGER: Explanation
19 satisfactory, Mr. President.
20 ACTING PRESIDENT KUHL: The
21 Secretary -- the Secretary will read the last
22 section.
23 THE SECRETARY: Section 2. This
24 act shall take effect immediately.
25 ACTING PRESIDENT KUHL: Call the
4476
1 roll.
2 (The Secretary called the roll.)
3 THE SECRETARY: Ayes 48.
4 ACTING PRESIDENT KUHL: The bill
5 is passed.
6 Senator Maziarz.
7 SENATOR MAZIARZ: Thank you, Mr.
8 President.
9 Mr. President, could we return to
10 motions and resolutions and is there any
11 housekeeping at the desk?
12 ACTING PRESIDENT KUHL: We'll
13 return to the order of motions and resolutions.
14 The Chair recognizes Senator
15 Marcellino.
16 SENATOR MARCELLINO: Yes, Mr.
17 President.
18 I wish to call up your bill,
19 Senate Print Number 1828-B, recalled from the
20 Assembly, which is now at the desk.
21 ACTING PRESIDENT KUHL: The
22 Secretary will read.
23 THE SECRETARY: By Senator Kuhl,
24 Senate Print 1828-B, an act to amend the
25 Judiciary Law.
4477
1 ACTING PRESIDENT KUHL: Senator
2 Marcellino.
3 SENATOR MARCELLINO: Mr.
4 President, I now move to reconsider the vote by
5 which the bill was passed.
6 ACTING PRESIDENT KUHL: The
7 Secretary will call the roll on reconsideration.
8 (The Secretary called the roll on
9 reconsideration.)
10 THE SECRETARY: Ayes 48.
11 ACTING PRESIDENT KUHL: Senator
12 Marcellino.
13 SENATOR MARCELLINO: Mr.
14 President, please star the bill.
15 ACTING PRESIDENT KUHL: The bill
16 will be starred at the request of the sponsor.
17 SENATOR MARCELLINO: Mr.
18 President, on behalf of Senator -- excuse me -
19 on behalf of Senator Leibell, on page number 38,
20 I offer the following amendments to Calendar
21 Number 1130, Senate Print Number 6641, and ask
22 that said bill retain its place on the Third
23 Reading Calendar.
24 ACTING PRESIDENT KUHL: The
25 amendments to Calendar Number 1130 are received
4478
1 and adopted and the bill will retain its place
2 on the Third Reading Calendar.
3 SENATOR MARCELLINO: Thank you,
4 sir.
5 ACTING PRESIDENT KUHL: Senator
6 Maziarz.
7 SENATOR MAZIARZ: Thank you, Mr.
8 President.
9 Could the Senate please stand at
10 ease pending the report of the Rules Committee.
11 ACTING PRESIDENT KUHL: The
12 Senate will stand at ease pending the report of
13 the Rules Committee.
14 (Whereupon, the Senate stood at
15 ease.)
16 ACTING PRESIDENT KUHL: The Chair
17 recognizes Senator Nozzolio.
18 SENATOR NOZZOLIO: Thank you, Mr.
19 President.
20 I'd ask unanimous consent to be
21 recorded in the negative on Calendar Number
22 1283.
23 ACTING PRESIDENT KUHL: Without
24 objection, hearing no objection, Senator
25 Nozzolio will be recorded in the negative on
4479
1 Calendar Number 1283.
2 The Senate will continue to stand
3 at ease.
4 (Whereupon, the Senate stood at
5 ease.)
6 ACTING PRESIDENT KUHL: Senator
7 Wright, why do you rise?
8 SENATOR WRIGHT: Request
9 unanimous consent to be recorded in the negative
10 on 1283.
11 ACTING PRESIDENT KUHL: Without
12 objection, hearing no objection, Senator Wright
13 will be recorded in the negative on Calendar
14 Number 1283.
15 Senator DeFrancisco, why do you
16 rise?
17 SENATOR DeFRANCISCO: I would
18 also like to be recorded in the negative on that
19 same bill.
20 ACTING PRESIDENT KUHL: Without
21 objection, hearing no objection, Senator
22 DeFrancisco will be recorded in the negative on
23 Calendar Number 1283.
24 Senator Larkin, why do you rise?
25 SENATOR LARKIN: I wish to be
4480
1 recorded in the negative on Calendar Number
2 1283.
3 ACTING PRESIDENT KUHL: Without
4 objection, hearing no objection, Senator Larkin
5 will be recorded in the negative on Calendar
6 Number 1283.
7 The Senate will continue to stand
8 at ease.
9 (Whereupon, the Senate stood at
10 ease from 10:50 a.m. until 11:19 a.m.)
11 SENATOR SKELOS: Mr. President.
12 ACTING PRESIDENT KUHL: Senator
13 Skelos.
14 SENATOR SKELOS: Would you please
15 call up Calendar Number 1310.
16 ACTING PRESIDENT KUHL: The
17 Senate will come to order. The staff please
18 take their places, the members please take their
19 chairs.
20 The Secretary will read Calendar
21 Number 310 on the controversial calendar.
22 SENATOR DOLLINGER: Explanation.
23 ACTING PRESIDENT KUHL: Excuse
24 me. 1310.
25 THE SECRETARY: Calendar Number
4481
1 1310, by the Senate Committee on Rules, Senate
2 Print 7594, an act to amend the New York State
3 Printing and Public Documents Law.
4 SENATOR SKELOS: Explanation has
5 been requested.
6 This bill authorizes the maximum
7 length of a contract for legislative printing to
8 be increased from 26 months to 50 months. It's
9 expected to increase the number of bids received
10 and decrease the cost from increased
11 competition.
12 SENATOR DOLLINGER: Mr.
13 President.
14 ACTING PRESIDENT KUHL: Senator
15 Dollinger.
16 SENATOR DOLLINGER: Just one
17 question for the Deputy Majority Leader on the
18 bill.
19 ACTING PRESIDENT KUHL: Senator
20 Skelos, do you yield to a question?
21 SENATOR SKELOS: Yes, I do.
22 ACTING PRESIDENT KUHL: The
23 Senator yields.
24 SENATOR DOLLINGER: What is the
25 anticipated savings because of this?
4482
1 SENATOR SKELOS: That's a very
2 good question. It's estimated that it will save
3 about $100,000 out of a million.
4 SENATOR DOLLINGER: And one other
5 question, Mr. President. What happens to those
6 savings? I assume they would go back to the
7 surplus at the end of the year and then either
8 be reappropriated or back into the general fund.
9 SENATOR SKELOS: Basically the
10 Legislative Budget would not have to spend an
11 additional $100,000. It's not like we're going
12 to get a refund. It's just that your budget in
13 that area would be $100,000.
14 SENATOR DOLLINGER: Thank you,
15 Mr. President.
16 Explanation satisfactory.
17 ACTING PRESIDENT KUHL: The
18 Secretary will read the last section.
19 THE SECRETARY: Section 6. This
20 act shall take effect immediately.
21 ACTING PRESIDENT KUHL: Call the
22 roll.
23 (The Secretary called the roll.)
24 THE SECRETARY: Ayes 48.
25 ACTING PRESIDENT KUHL: The bill
4483
1 is passed.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 if we could return to reports of standing
5 committees, I believe there's a report of the
6 Rules Committee at the desk. I ask that it be
7 read.
8 ACTING PRESIDENT KUHL: We'll
9 return to the order of reports of standing
10 committees.
11 I'll ask the Secretary to read
12 the report of the Rules Committee which is at
13 the desk.
14 THE SECRETARY: Senator Bruno,
15 from the Committee on Rules, offers up the
16 following bills directly for third reading:
17 Senate Print 500-A, by Senator
18 Johnson, an act to amend the Real Property Tax
19 Law;
20 2034, by Senator Rath, concurrent
21 resolution of the Senate and Assembly;
22 3059-A, by Senator Trunzo, an act
23 to amend the Administrative Code of the city of
24 New York;
25 4352, by Senator Maltese, an act
4484
1 to amend the Criminal Procedure Law;
2 4888, by Senator Kuhl, an act to
3 amend the Vehicle and Traffic Law;
4 5263-B, by Senator Libous, an act
5 to amend the Insurance Law;
6 5338, by Senator DeFrancisco, an
7 act to amend the Public Health Law;
8 5374-B, by Senator Montgomery, an
9 act to amend the Penal Law;
10 5505-A, by Senator Stachowski, an
11 act to amend Chapter 276 of the Laws of 1993;
12 5688, by Senator Stafford, an act
13 to amend the Tax Law;
14 6004-B, by Senator Holland, an
15 act to amend the Education Law;
16 6385-A, by Senator DeFrancisco,
17 an act to amend the Vehicle and Traffic Law;
18 6404, by Senators Kuhl and
19 others, an act to amend the Retirement and
20 Social Security Law;
21 6495-A, by Senator Rath, an act
22 to amend the Real Property Tax Law;
23 6664, by Senator Kuhl, an act to
24 amend the Tax Law;
25 6767, by Senator Kuhl, an act to
4485
1 amend the Town Law;
2 6874-A, by Senator Larkin, an act
3 to amend the Retirement and Social Security Law;
4 6990, by Senator Marchi, an act
5 to amend Chapter 741 of the Laws of 1985;
6 7035-A, by Senator Alesi, an act
7 to amend the Public Authorities Law;
8 7101, by Senator Johnson, an act
9 to amend the Transportation Law;
10 7190-A, by Senator Leibell and
11 others, an act to amend the Executive Law;
12 7224-A, by Senator Farley, an act
13 to adjust certain state aid payments;
14 7297, by Senator Marcellino, an
15 act to amend the Education Law;
16 7401, by Senator Johnson, an act
17 to amend the Vehicle and Traffic Law;
18 7411, by Senator Johnson, an act
19 to amend the Vehicle and Traffic Law;
20 7415, by Senator Nozzolio, an act
21 to amend the Tax Law;
22 7463-A, by Senator Leichter, an
23 act to authorize the city of New York;
24 7473, by Senator Spano, an act to
25 amend the Local Finance Law;
4486
1 7482, by Senator Leibell, an act
2 to amend the Private Housing Finance Law;
3 7578, by Senator Fuschillo, an
4 act to amend the Vehicle and Traffic Law;
5 7579, by Senator Fuschillo, an
6 act to amend the Vehicle and Traffic Law;
7 7602, by Senator Johnson, an act
8 to amend the Vehicle and Traffic Law;
9 7605, by Senator Padavan, an act
10 to amend the State Finance Law;
11 7621, by Senator Saland, an act
12 to amend the Domestic Relations Law;
13 7622, by Senator Stafford, an act
14 to amend Chapter 814 of the Laws of 1987;
15 7625, by Senator Velella, an act
16 to amend the Public Authorities Law;
17 7635, by Senator Meier, an act to
18 amend the Civil Rights Law; and
19 7650, by Senators DeFrancisco and
20 others, an act to adjust certain state aid
21 payments.
22 All bills directly for third
23 reading.
24 ACTING PRESIDENT KUHL: Senator
25 Skelos.
4487
1 SENATOR SKELOS: Is there any
2 other housekeeping at the desk?
3 ACTING PRESIDENT KUHL: The
4 motion is to accept the report of the Rules
5 Committee. All those in favor signify by saying
6 aye.
7 (Response of "Aye".)
8 Opposed, nay.
9 (There was no response.)
10 The Rules report is accepted.
11 The bills are ordered directly to
12 third reading.
13 We do have some housekeeping,
14 Senator Skelos. We can go to motions and
15 resolutions.
16 The Chair recognizes Senator
17 Marcellino.
18 SENATOR MARCELLINO: Mr.
19 President, on page number 6, on behalf of
20 Senator Hannon, I offer the following amendments
21 to Calendar Number 167, Senate Print Number
22 4973-A, and ask that said bill retain its place
23 on the Third Reading Calendar.
24 ACTING PRESIDENT KUHL: The
25 amendments to Calendar Number 167 are received
4488
1 and adopted. The bill will retain its place on
2 the Third Reading Calendar.
3 SENATOR MARCELLINO: Thank you,
4 Mr. President.
5 ACTING PRESIDENT KUHL: Senator
6 Skelos -- Senator Seward.
7 SENATOR SEWARD: Mr. President,
8 if I could have unanimous consent, I would like
9 to be recorded in the negative on Calendar 1283.
10 ACTING PRESIDENT KUHL: Without
11 objection, hearing no objection, Senator Seward
12 will be recorded in the negative on Calendar
13 Number 1283.
14 SENATOR SEWARD: Mr. President.
15 ACTING PRESIDENT KUHL: Senator
16 Seward.
17 SENATOR SEWARD: Is there any
18 housekeeping at the desk?
19 ACTING PRESIDENT KUHL: The
20 housekeeping is clean at the desk, Senator
21 Seward.
22 SENATOR SEWARD: In that case,
23 Mr. President, there being no further business,
24 I move we adjourn until Monday, June 15, at 3:00
25 p.m., intervening days being legislative.
4489
1 ACTING PRESIDENT KUHL: Without
2 objection, the Senate stands adjourned until
3 Monday, June 15th, 3:00 p.m., intervening days
4 to be legislative days.
5 (Whereupon, at 11:29 a.m., the
6 Senate adjourned.)
7
8
9
10
11
12
13