Regular Session - June 11, 1998

                                                               4412

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        8                      ALBANY, NEW YORK

        9                       June 11, 1998

       10                         10:03 a.m.

       11

       12

       13                       REGULAR SESSION

       14

       15

       16

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

       18        STEVEN M. BOGGESS, Secretary

       19

       20

       21

       22

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       25







                                                           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