Regular Session - April 12, 1999

                                                              1762





                           NEW YORK STATE SENATE





                                    THE

                            STENOGRAPHIC RECORD









                             ALBANY, NEW YORK



                              April 12, 1999

                                 3:02 p.m.



                              REGULAR SESSION





                 LT. GOVERNOR MARY O. DONOHUE, President.

                 STEVEN M. BOGGESS, Secretary.















                                                          1763



                            P R O C E E D I N G S

                            THE PRESIDENT:    The Senate will

                 come to order.

                            I ask everyone present to please

                 rise and recite with me the Pledge of

                 Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            THE PRESIDENT:    In the absence of

                 clergy, may we bow our heads in a moment of

                 silence, please.

                            (A moment of silence was observed.)

                            THE PRESIDENT:    Reading of the

                 Journal.

                            THE SECRETARY:    In Senate,

                 Friday, April 9th.  The Senate met pursuant to

                 adjournment.  The Journal of Thursday, April

                 8th was read and approved.  On motion, Senate

                 adjourned.

                            THE PRESIDENT:    Without objection

                 the Journal stands approved as read.

                            Presentation of petitions.

                            Messages from the Assembly.

                            Messages from the Governor.

                            Reports of standing committees.





                                                          1764



                            The Secretary will read.

                            THE SECRETARY:    Senator Bonacic,

                 from the Committee on Housing Construction and

                 Community Development, reports:

                            Senate Prints 3771, by Senator

                 Padavan, an act to amend the Private Housing

                 Finance Law;

                            4139, by Senator Bonacic, an act to

                 amend the Public Housing Law;

                            4297, by Senator Larkin, an act to

                 amend the Public Housing Law;

                            4380, by Senator Bonacic, an act to

                 amend the Private Housing Finance Law;

                            4438, by Senator Bonacic, an act to

                 amend the Private Housing Finance Law.

                            All bills directly for third

                 reading.

                            THE PRESIDENT:    Without

                 objection, all bills reported direct to third

                 reading.

                            Reports of select committees.

                            Communication and reports from

                 State officers.

                            Motions and resolutions.

                            Senator Farley.





                                                          1765



                            SENATOR FARLEY:    Thank you, Madam

                 President.

                            On behalf of Senator Marcellino I

                 would like to amend his bill on page 6.  I

                 offer the following amendments to Calendar

                 Number 69, Senate Print 1129, and ask that

                 bill retain its place on third reading.

                            THE PRESIDENT:    The bill will

                 retain its place on third reading.

                            SENATOR FARLEY:    On behalf of

                 Senator Fuschillo on page 6, I offer the

                 following amendments to Calendar 90, Senate

                 Print 558, and I ask that that bill retain its

                 place on the Third Reading Calendar.

                            THE PRESIDENT:    Both amendments

                 are received and both bills will retain their

                 place on third reading.

                            SENATOR FARLEY:    On behalf of

                 Senator Wright, Madam President, on page 25 I

                 offer the following amendment to Calendar

                 Number 430, Senate Print 1479, and I ask that

                 that bill retain its place.

                            THE PRESIDENT:    The amendment is

                 received and the bill will retain its place on

                 third reading.





                                                          1766



                            SENATOR FARLEY:    On behalf of

                 Senator Holland, on page 27, I offer the

                 following amendments to Calendar 459, Senate

                 Print 4060 and I ask that that bill retain its

                 place on the Third Reading Calendar.

                            THE PRESIDENT:    The amendment is

                 also received and the bill will retain its

                 place on Third Reading Calendar.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 I believe there is a privileged resolution,

                 Number 945, at the desk by Senator

                 DeFrancisco.  May we please have the tile read

                 and move for its immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 DeFrancisco, Legislative Resolution Number 945

                 honoring 25 students at State Street

                 Elementary School, Skaneateles, New York for

                 their participation in the 1999 49th Senate

                 District's Good News Good Kids Youth

                 Responsibility Program.

                            THE PRESIDENT:    Senator Gentile.

                 The question is on the resolution.





                                                          1767



                            All in favor of signify by saying

                 aye.

                            (Response of "Aye".)

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENTS:    The resolution

                 is adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 I believe there is a privileged Resolution

                 Number 888 at the desk by Senator Gentile.

                 May we please have the title read and move for

                 its immediate adoption.

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    By Senator

                 Gentile, Legislature Resolution Number 888,

                 honoring Mafalda DiMango on the occasion of

                 her retirement and 35 years of distinguished

                 service to the families and children of

                 Community School Board District Number 20.

                            THE PRESIDENT:    Senator Gentile

                            SENATOR GENTILE:    Thank you,

                 Madam President.

                            THE PRESIDENT:    Your welcome.





                                                          1768



                            SENATOR GENTILE:    Just very

                 quickly, Mafalda DiMango I believe is the

                 longest serving member of Community School

                 Boards still active.  And after 35 years has

                 decided not to seek reelection to the school

                 board so I think it is appropriate at this

                 point that we do pass this resolution in honor

                 of her service.  She has seen many changes

                 over the 35 years and I think now it is

                 appropriate that she, in her stepping aside

                 that we honor her for that service.

                            She certainly has given service to

                 the City of New York and to the children of

                 the City of New York.  So I think I ask all my

                 members to join me in honoring her in such a

                 way.

                            Thank you.

                            THE PRESIDENT:    Senator Lachman.

                            SENATOR LACHMAN:    To echo what my

                 distinguished colleague from Staten Island and

                 Brooklyn has already said about Mafalda

                 DiMango I owe a personal debt of gratitude to

                 Ms. DiMango because over 20 years ago when I

                 was a young and callow president of the New

                 York City Board of Education, Mafalda DiMango





                                                          1769



                 was already a very distinguished leader of her

                 school board.  I believe at that time she was

                 president of Community School Board 20.  And I

                 can't believe that this vigorous and active

                 lady is now retiring after a brief period of

                 35 years as a member of Community School Board

                 20 in Brooklyn.

                            I have a great deal of respect for

                 her wisdom, her tenacity, her knowledge, her

                 dignity, elegance and I wish her well in what

                 I am sure will be a very active retirement.

                            THE PRESIDENT:    The question is

                 on the resolution.  All in favor signify by

                 saying aye.

                            (Response of "Aye.")

                            THE PRESIDENT:    Opposed, nay.

                            (No response.)

                            THE PRESIDENT:    The resolution is

                 adopted.

                            Senator Skelos, we have a

                 substitution at the desk.

                            SENATOR SKELOS:    If you would

                 please recognize Senate DeFrancisco first?

                            THE PRESIDENT:    Senator

                 DeFrancisco.





                                                          1770



                            SENATOR DeFRANCISCO:  Yes, I have a

                 resolution that was on the Resolution Calendar

                 that was passed in my absence since I was out

                 doing other business.

                            However it is a resolution that

                 should be discussed very briefly, and that is

                 a resolution commending students from the

                 State Street Elementary School in the

                 Skaneateles School District, which is in my

                 Senate District, for winning the elementary

                 school competition in our Good News Good Kids

                 Program.  That program basically recognizes

                 good students throughout our community who do

                 positive things for other people and show that

                 there are goods kids and there is good news in

                 our area, as there is in every other area of

                 the State.

                            This group recognized that the Blue

                 Bird population, which is our State bird, as

                 we all know, was going down in numbers over

                 the past several decades and they learned of

                 that problem in school and decided how they

                 were going to -- what they were going to do

                 about it.  They learned about what Blue Birds

                 -- their habitat, they learned what they





                                                          1771



                 should do about it, they constructed bird

                 houses.  They distributed posters and

                 distributed literature and they basically

                 brought public awareness to this issue, which

                 is a very important environmental issue as

                 well.

                            They are here with us today and I

                 wanted them to recognize that one of the

                 resolutions that passed was this resolution

                 commending them.  And I also want to state

                 that we congratulate the students from the

                 State Street Elementary School and their

                 teacher Carol Ann Smith for the wonderful work

                 they are doing in that district.

                            THE PRESIDENT:    And on behalf of

                 the Senate and as President of the Senate I

                 extend all of our courtesies to the

                 Skaneateles Good News Good Kids.  Welcome and

                 have a great day.

                            Senator Skelos, we have a

                 substitution at the desk.

                            SENATOR SKELOS:    Would you please

                 make it.

                            THE PRESIDENT:    The Secretary

                 will read.





                                                          1772



                            THE SECRETARY:    On page 26,

                 Senator Libous moves to discharge from the

                 Committee on Mental Health and Developmental

                 Disabilities Assembly Print 6982 and

                 substitute it for the identical third reading

                 441.

                            THE PRESIDENT:    The substitution

                 is ordered.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could go to the non-controversial

                 calendar at this time?

                            THE PRESIDENT:    The Secretary

                 will read.

                            THE SECRETARY:    Calendar Number

                 109, by Senator Meier, Senate Print 1480-A, an

                 act to amend the Executive Law and the Social

                 Services Law, in relation to making reports.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect January 1st, year 2000.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 52.





                                                          1773



                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 118, by Senator Skelos, Senate Print 11-B an

                 act to amend the General Business Law, in

                 relation to the sale of laser pointing

                 devices.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the first day of

                 September.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 53.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 264, by Senator McGee, Senate Print 2873, an

                 act to amend the Highway Law, in relation to

                 distribution and payment.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first day of





                                                          1774



                 April.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 53.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 285, by Senator Spano, Senate Print 2012, an

                 act to amend the State Finance Law, in

                 relation to the payment of emergency financial

                 aid.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 53.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 330, by Senator Seward, Senate Print 3516, an

                 act to amend the Insurance Law.

                            THE PRESIDENT:    Read the last

                 section.





                                                          1775



                            THE SECRETARY:    Section 23.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            SENATOR DOLLINGER:    Can we lay

                 the bill aside.

                            THE PRESIDENT:    The bill is laid

                 aside, Senator.

                            SENATOR DOLLINGER:    Thank you,

                 Madam President.

                            THE SECRETARY:    Calendar Number

                 340, by Senator Kuhl, Senate Print 3087, an

                 act to amend the Agriculture and Markets Law.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 53.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 366, by Senator LaValle, Senate Print 2855, an

                 act to establish the Island volunteer exempt

                 firefighters benevolent association.





                                                          1776



                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.).

                            THE SECRETARY:    Ayes 53.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 377, by Senator Libous.

                            SENATOR PATERSON:    Lay the bill

                 aside.

                            THE PRESIDENT:    The bill is laid

                 aside.

                            THE SECRETARY:    Calendar Number

                 379, by Senator Skelos, Senate Print 3372, an

                 act to amend the General Business Law, in

                 relation to making technical amendments.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 12.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)





                                                          1777



                            THE SECRETARY:    Ayes 54.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 394 by Senator Maziarz, Senate Print 649, an

                 act to amend the Correction Law, in relation

                 to copayment of fees.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Aye 53, nays one.

                 Senator Duane recorded in the negative.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 400, by Senator Alesi, Senate Print 3484, an

                 act to amend the Economic Development Law, in

                 relation to directing a rural agribusiness.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.





                                                          1778



                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Aye 54.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 412, by Senator Trunzo, Senate Print 1778, an

                 act to amend the Penal Law, in relation to the

                 unlawful sale of tobacco products to a child.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Aye 54.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 413, by Senator Volker, Senate Print 2059, an

                 act to amend the Civil Practice Law and Rules,

                 in relation to confidential communications.

                            SENATOR KUHL:    Lay the bill aside

                 for the day.

                            THE PRESIDENT:    The bill is laid





                                                          1779



                 aside for the day.

                            THE SECRETARY:    Calendar Number

                 419, by Senator Velella, Senate Print 2531, an

                 act to amend the Penal Law, in relation to the

                 crime of criminal mischief in the third

                 degree.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  The

                 act shall take effect on the first day of

                 November.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 55.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 432, by Senator Stachowski, Senate Print 2245

                 an act to amend the Education Law, in relation

                 to authorizing the lease or rental of school

                 buses.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.





                                                          1780



                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 55.

                            THE PRESIDENT:    The bill is

                 passed.

                            THE SECRETARY:    Calendar Number

                 434, by Senator Leibell, Senate Print 3257, an

                 act to legalize, validate, ratify and confirm

                 certain transportation contracts.

                            THE PRESIDENT:    A local fiscal

                 impact note is at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Aye 55.

                            THE PRESIDENT:    The bill is

                 passed.  Senator Kuhl, that completes the non

                 controversial reading of the calendar.

                            SENATOR KUHL:    Yes, Madam

                 President.  May we now proceed to the

                 controversial Calendar, please.

                            THE PRESIDENT:    The Secretary

                 will read.





                                                          1781



                            THE SECRETARY:    Calendar Number

                 330, by Senator Seward, Senate Print 3516, an

                 act to amendment the Insurance Law, in

                 relation to making various technical

                 corrections.

                            SENATOR DOLLINGER:    Madam

                 President.

                            THE PRESIDENT:    Senator

                 Dollinger, why do you rise?

                            SENATOR DOLLINGER:    If I could

                 waive an explanation from Senator Seward and

                 just ask two very specific questions about

                 this bill.  I believe this is Senator Seward's

                 bill.

                            THE PRESIDENT:    Senator, do you

                 yield?

                            SENATOR SEWARD:    Yes, I do.

                            THE PRESIDENT:    Go ahead,

                 Senator.

                            SENATOR DOLLINGER:    Senator,

                 could you just explain to me on page 3 of the

                 bill the affect of the change in operating a

                 motor vehicle in excess of the speed limit and

                 wreckless driving?  Just what is the impact of

                 that change on the current status of the law?





                                                          1782



                            SENATOR SEWARD:    Senator, the

                 bill in that area would correct certain

                 ambiguities that are currently in the motor

                 vehicle liability surcharge provisions of the

                 law.  This bill would clarify that an insurer

                 may surcharge a driver's policy if the driver

                 operated a vehicle in excess of the speed

                 limit.  In other words, was convicted of that

                 or of wreckless driving or convicted of any

                 other moving violation on two or more

                 occasions within a 36 month period.  That is

                 currently the practice.  This merely takes

                 away any ambiguity in that area.  It does not

                 actually set new policy.

                            THE PRESIDENT:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Madam

                 President, I am having difficulty hearing

                 Senator Seward.

                            THE PRESIDENT:    Go ahead,

                 Senator.

                            SENATOR DOLLINGER:    Again,

                 through you Madam President, just so I

                 understand this section says that an insurer

                 can not increase the premium for a series





                                                          1783



                 of-

                            THE PRESIDENT:    Go ahead Senator,

                 I was having trouble hearing you.

                            SENATOR DOLLINGER:    Again, just

                 so I understand it, this section says that an

                 insurer can or can not increase/alter the

                 premium for the conduct listed in section 13?

                 I'm just trying to understand it.  Does this

                 say that you can increase the insurance

                 premium if you are guilty of reckless driving,

                 or that you can not?

                            SENATOR SEWARD:    That they can.

                            SENATOR DOLLINGER:    That they

                 can.

                            SENATOR SEWARD:    Yes.

                            SENATOR DOLLINGER:    The other

                 question I have, Madam President, is if

                 Senator Seward could just explain the deletion

                 of the Lloyd's underwriter provision.

                            I know when I was dealing with

                 Senator Velella and the Lloyd's crisis three

                 years ago there was an enormous concern about

                 the Lloyd's underwriters in this state of

                 which there are many, I think as many as 2,000

                 that might be involved in Lloyd's here in New





                                                          1784



                 York State and I would just be interested, how

                 does this provision, the deletion of this

                 provision effect the current people who are

                 involved in the Lloyd's underwriting,

                            SENATOR SEWARD:    The legislation

                 before us would delete the references in the

                 Insurance Law to Lloyd's underwriters because

                 the last remaining Lloyd's underwriter has

                 converted to the property and casuality

                 company.

                            SENATOR DOLLINGER:    Again,

                 through you Madam President, does the removal

                 of this provision remove the jurisdiction of

                 the State Insurance Department over Lloyd's of

                 London?

                            I know that the New York State

                 Insurance Department had been the repository

                 of, I believe, either a bond or a fund over

                 which New York State's Insurance Department on

                 behalf I believe of all of the states had

                 controlled Lloyd's or had some impact on

                 Lloyd's investment and activities and

                 reinsurance here in the United States.  Do you

                 know whether we will continue to have that

                 jurisdiction?  Through you Madam President.





                                                          1785



                            SENATOR SEWARD:    There will be no

                 changes.  It is just the reference to Lloyd's

                 of London.

                            SENATOR DOLLINGER:    Through you,

                 Madam President, just on the bill, on the

                 basis of Senator Seward's representation both

                 with respect to the Lloyd's underwriters and

                 with respect to the impact of that new article

                 13, new section 13, I will vote in favor of

                 the bill.

                            Thank you.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Sections 23.

                 This act shall take effect immediately.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes 55.

                            THE PRESIDENT:    The bill is

                 passed.  Senator Marchi.

                            SENATOR MARCHI:    In view of the

                 spirit of collegiality that was introduced by

                 Senator Dollinger, I have a distinguished

                 presence here of members from Staten Island

                 whom you know and they are up here in the





                                                          1786



                 gallery and I would appreciate it if you would

                 recognize them.  Mrs. Paladino.

                            THE PRESIDENT:    We extend the

                 courtesies of the house to our distinguished

                 visitors from Staten Island and wish a great

                 day.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 377, by Senator Libous, Senate Print 2100, an

                 act to amend the General Business Law, in

                 relation to unlawful possession of tobacco.

                            THE PRESIDENT:    Read the last

                 section.

                            SENATOR MONTGOMERY:    Explanation.

                            THE PRESIDENT:    Senator

                 Montgomery.

                            SENATOR MONTGOMERY:    An

                 explanation.

                            THE PRESIDENT:    Senator Libous,

                 an explanation.

                            SENATOR LIBOUS:    Thank you, Madam

                 President, I would be more than happy to give

                 an explanation.

                            For the last couple of years what

                 we have been trying to do is attach what we





                                                          1787



                 feel is a strong ongoing effort to curb under

                 age smoking and possession of tobacco.

                            In 1992 we passed legislation that

                 was goods legislation that was the Adolescent

                 Tobacco Use Prevention Act.  Basically this

                 legislation would kind of add on to that.

                            We think it is important that young

                 people who are underage also learn

                 responsibility when they walk into a

                 supermarket or a store and they purchase

                 tobacco products and it gets oftentimes the

                 person who holds the license of that grocery

                 store or that merchant responsible, which they

                 should be if they are selling to a minor, at

                 the same time the minor who purchased the

                 tobacco also has a responsibility and should

                 learn that being under age they shouldn't have

                 that product.

                            We did this with alcohol.  We

                 passed it a number of years ago.  I think

                 probably my second year here.  Was a

                 possession bill.  It seemed to be somewhat

                 effective and we just think this it just

                 another step moving forward.

                            THE PRESIDENT:    Senator





                                                          1788



                 Montgomery.

                            SENATOR MONTGOMERY:    Yes, Madam

                 President, I would like to ask the sponsor,

                 Senator Libous, a question, please.

                            THE PRESIDENT:    Senator Libous,

                 will you yield for a question?

                            SENATOR LIBOUS:    Absolutely,

                 Madam President.

                            THE PRESIDENT:    Go ahead, Senator

                 Montgomery.

                            SENATOR MONTGOMERY:    Senator

                 Libous, I see in language in the bill that

                 says any person, any person 18 or under who

                 unlawfully possess tobacco with intent to use.

                 Would you clarify for me, based on unlawful

                 possession of this tobacco with intent to use,

                 what is the charge?

                            SENATOR LIBOUS:    Madam President,

                 I can address that.

                            The charge would be -- this is a

                 non criminal offense, obviously.  This would

                 be a violation, this would not be a criminal

                 offense, just like we have in the law that

                 this house passed when it deals with underage

                 possession of alcohol, it would be a violation





                                                          1789



                 and it could be a fine of no more than $50 or

                 up to 30 hours of community service.

                            It is again an act to teach

                 responsibility and not one to set a criminal

                 record for any individual.  That is not the

                 intent.

                            SENATOR MONTGOMERY:    All right,

                 thank you Senator Libous.

                            Madam President, on the bill.  I

                 certainly agree with Senator Libous' intent to

                 try and keep minors from using tobacco.

                 Obviously we all agree with that.  The problem

                 for me is I'm not sure where these young

                 people who are probably quite young, I mean we

                 may be talking about 14 or 15 years old,

                 possibly younger, where they might get $50.

                 What kind of meaningful community service they

                 may perform as opposed to really investing

                 much more in education and other ways of

                 reaching them, which we apparently have not

                 been successful in doing.

                            So I vote against this.  I voted

                 before in the negative.  I'm going to vote

                 again in the negative because I just think

                 that this is not the way that we really are





                                                          1790



                 going to address premature use of tobacco.

                            Thank you.

                            THE PRESIDENT:    Read the last

                 section.

                            THE SECRETARY:    Section 2.  The

                 act shall take effect on the first day of

                 September.

                            THE PRESIDENT:    Call the roll.

                            (The Secretary called the roll.)

                            THE PRESIDENT:    Senator

                 DeFrancisco.

                            SENATOR DeFRANCISCO:  I would just

                 like to explain my vote.  I vote no on this

                 proposal.  It is not because I don't think

                 young people should smoke.  Of course they

                 should not smoke.  They should not do a lot of

                 things as we as adults should not.

                            My opposition is basically on the

                 grounds that this is a bill that is like many

                 other bills that we have, including position

                 of alcohol with intent to use, a bill that is

                 not going to be enforced.  It is going to add

                 more problems to the court system, and it is

                 going to give an opportunity for people who

                 want to over zealously harass teen-agers to





                                                          1791



                 harass them by another bill that might be one

                 way to stop them and to investigate whether or

                 not they are possessing tobacco, god forbid,

                 with intent to use.

                            I mean, it just seems to me the

                 disadvantages far out weigh the advantages or

                 the ultimate result.  The ultimate result as

                 was just mentioned is education and making

                 sure we have penalties for those who produce

                 these types of things that cause health

                 problems in our community.

                            THE PRESIDENT:    Senator

                 DeFrancisco, you will be so recorded as voting

                 in the negative.

                            Senator Marchi.

                            SENATOR MARCHI:    For the very

                 same reasons, Madam President.  I have been

                 down this road many times throughout the

                 decades on this and other variants of the same

                 theme.  And what this does as Senator

                 DeFrancisco said so explicitly and exquisitely

                 well, it only heightens the cynicism that so

                 many young people feel that we pass something

                 and that's the end of it and it can not be

                 taken seriously.  It is not going to be





                                                          1792



                 enforced, but here we are, we have the bill.

                            So I am recording in the negative

                 again.

                            THE PRESIDENT:    Thank you,

                 Senator, you will recorded as voting in the

                 negative.

                            Read the last section.  Call the

                 roll.

                            (The Secretary called the roll.)

                            THE PRESIDENT:    The Secretary

                 will announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 377 are:

                 Senators DeFrancisco, Duane, Marchi,

                 Markowitz, Mendez, Montgomery, Paterson,

                 Schneiderman, Seabrook, Smith.

                            Ayes 45, nays 10.

                            THE PRESIDENT:    The bill is

                 passed.  Senator Kuhl.

                            SENATOR KUHL:    I believe that

                 completes the reading of the controversial

                 calendar, Madam President.

                            May we return to the order of

                 motions and resolutions and there is a

                 privileged resolution, I believe, Number 785,





                                                          1793



                 at the desk by Senator Nozzolio.

                            It has been previously adopted, but

                 may we please read it in its entirety at this

                 time, and then I would ask you to recognize

                 Senator Nozzolio on the resolution.

                            THE PRESIDENT:    Upon the

                 completion of reading of the reading of the

                 controversial calendar we will return to

                 motions and resolutions and the Secretary will

                 read.

                            THE SECRETARY:    By Senator

                 Nozzolio, Legislative Resolution Number 785

                 congratulating the Bloomfield High School

                 Girls Basketball Team and Coach Phil White on

                 winning the New York State Section V, Class C

                 championship.

                            THE PRESIDENT:    Senator Nozzolio.

                            THE SECRETARY:    Where as,

                 excellence and success in competitive sports

                 can be achieved only through strenuous

                 practice, team play and team spirit, nurtured

                 by dedicated coaching and strategic planning,

                 athletic competition enhances the moral and

                 physical development of the young people of

                 this State, preparing them for the future by





                                                          1794



                 instilling in them the value of team work,

                 encouraging a standard of healthy living,

                 imparting a desire for success and developing

                 a sense of fair play and competition, the

                 Bloomfield Bombers are the Section V, Class C

                 champions.  As New York State Public School

                 Athletic Association champions the Bombers, 27

                 and 0, will advance to the federation

                 tournament semi-finals in Glens Falls, New

                 York, against the Catholic High School

                 Athletic Association Champions.

                            The athletic talent displayed by

                 this team is due in great part to the efforts

                 of Coach Phil White, a skilled and

                 inspirational tutor, respected for his ability

                 to develop potential into excellence.

                            The teams overall record is

                 outstanding and the team members were loyally

                 and enthusiastically supported by family,

                 fans, friends and the community at large.  The

                 hallmarks of the Bloomfield High School Girls

                 Basketball Team from the opening game of the

                 season to participation in the championship

                 were a sisterhood of athletic ability, of good

                 sportsmanship, of honor and of scholarship,





                                                          1795



                 demonstrating that these team players are

                 second to none.

                            Athletically and academically the

                 team members have proven themselves to be an

                 unbeatable combination of talent, reflecting

                 favorably on their school.  Coach Phil White

                 has done a superb job in guiding, molding and

                 inspiring the team members toward their goals.

                            Whereas, sports competition

                 instills the values of team work, pride in

                 accomplishment and Coach Phil White and his

                 outstanding athletes have clearly made a

                 contribution to the spirit of excellence which

                 is a tradition of their school.  Now,

                 therefore be it.

                            Resolved, that this legislative

                 body pause in its deliberations to

                 congratulate the Bloomfield High School Girls

                 Basketball Team, its members; Heathar Shepard,

                 Ericka Bellis, Renee Yell, Kate Headlee,

                 Marissa Kiporsky, Monica Davis, Crystal

                 Stanton, Beth Hudson, Emily Paulsen, Ashley

                 Myers, Jill Hammond, Jamie Cooper, Kim Rogers

                 and Beth Kaufmann and Coach Phil White on

                 winning the New York State Section V, Class C





                                                          1796



                 championship, and be it further

                            Resolved that a copy of this

                 resolution, suitably engrossed, be transmitted

                 to the Bloomfield High School girls basketball

                 team and to Coach Phil White.

                            THE PRESIDENT:    Senator Nozzolio.

                            SENATOR NOZZOLIO:    Thank you,

                 Madam President.

                            My colleagues, in the chamber today

                 is represented the best of not only the

                 community of Bloomfield but the entire State

                 of New York that we have with us fine athletes

                 who have represented their community extremely

                 well.  The entire Bloomfield community reached

                 out and was extremely proud of the

                 accomplishments of this basketball team, these

                 fine young women who represented our region in

                 the State championship with a great deal of

                 class and dignity and I want to rise and

                 congratulate the team and their Coach White

                 for their contribution.

                            They are what the finest we have to

                 offer in New York State and Madam President,

                 this resolution reflects the Senate's

                 recognition of the wonderful, wonderful effort





                                                          1797



                 put forward by this athletic team.

                            Thank you for the support of my

                 colleagues in this resolution in recognizing

                 the contributions of not only great athletes

                 but excellent citizens.

                            THE PRESIDENT:    Thank you

                 Senator.  And on behalf of the Senate I also

                 want to acknowledge your presence and

                 congratulate you for what you are doing not

                 only for the sport of basketball but for women

                 athletes around the state.

                            It is great to have you here and

                 have a wonderful day with us here in the

                 Senate.

                            Again, congratulations.

                            (Applause.)

                            THE PRESIDENT:    Senator Kuhl.

                            SENATOR KUHL:    Any housekeeping

                 at the desk, Madam President?

                            THE PRESIDENT:    No there is not,

                 Senator.

                            SENATOR NANULA:    Madam President.

                            THE PRESIDENT:    Senator Nanula.

                            SENATOR NANULA:    Thank you, Madam

                 President.





                                                          1798



                            I would like to request unanimous

                 consent to be recorded in the negative on

                 Calendar Number 377.

                            THE PRESIDENT:    Without objection

                 you will be so recorded in the negative.

                            SENATOR KUHL:    Madam President.

                            THE PRESIDENT:    Senator Kuhl.

                            SENATOR KUHL:    Madam President,

                 there being no further business, I move we

                 adjourn until tomorrow, Tuesday, April 13th,

                 at 3:00 p.m.

                            THE PRESIDENT:    On motion, the

                 Senate stands adjourned until Tuesday, April

                 13th, 3:00 p.m.

                            (Whereupon, at 3:35 p.m., the

                 Senate adjourned.)