Regular Session - June 6, 2000

                                                              4232



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               June 6, 2000

                                 3:12 p.m.





                              REGULAR SESSION







                 LT. GOVERNOR MARY O. DONOHUE, President

                 STEVEN M. BOGGESS, Secretary

















                                                          4233



                           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 repeat with me the Pledge of

                 Allegiance.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            THE PRESIDENT:    With us to give

                 us the invocation is the Reverend Peter G.

                 Young, from Blessed Sacrament Church in Bolton

                 Landing.

                            REVEREND YOUNG:    Thank you,

                 Governor.

                            Let us pray.

                            As we are inundated with rainy

                 weather, we have thoughts of those suffering

                 with flood conditions.  We know that other

                 states are in a drought and intimidated with

                 out-of-control fires.  We need to express our

                 attitude of gratitude to our Creator for the

                 New York State environment, with all of its

                 natural beauty.

                            As we get near the end of the

                 session, we ask You, O God, that our





                                                          4234



                 legislators have the summer recess to be

                 renewed in mind and spirit.

                            May we especially remember this

                 D-Day/Omaha Beach anniversary and our brave

                 troops that gave their lives for our freedom.

                 They are our heroes and are examples of

                 dedication that we will always be grateful to

                 for the freedom that we today enjoy.

                            Amen.

                            THE PRESIDENT:    Reading of the

                 Journal.

                            THE SECRETARY:    In Senate,

                 Monday, June 5th, the Senate met pursuant to

                 adjournment.  The Journal of Sunday, June 4th,

                 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.

                            Reports of select committees.

                            Communications and reports from





                                                          4235



                 state officers.

                            Motions and resolutions.

                            Senator Farley.

                            SENATOR FARLEY:    Thank you, Madam

                 President.

                            On behalf of Senator Nozzolio, on

                 page 51 I offer the following amendments to

                 Calendar 840, Senate Print 7156.

                            THE PRESIDENT:    The amendments

                 are received, and the bill will retain its

                 place on the Third Reading Calendar.

                            SENATOR FARLEY:    And would you

                 also remove the star from that bill.

                            THE PRESIDENT:    So ordered.  The

                 star is removed.

                            SENATOR FARLEY:    Madam President,

                 I wish to call up Senator Padavan's bill,

                 Senate Print 7893, which was recalled from the

                 Assembly, which is now at the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1212, by Senator Padavan, Senate Print 7893,

                 an act to amend the General Municipal Law.

                            SENATOR FARLEY:    Madam President,





                                                          4236



                 I now move to reconsider the vote by which

                 this bill was passed.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            SENATOR FARLEY:    And I ask that

                 the bill be restored to the order of third

                 reading.

                            ACTING PRESIDENT MEIER:    So

                 ordered.

                            SENATOR FARLEY:    You're not Madam

                 President.  Mr. President.

                            ACTING PRESIDENT MEIER:    Your

                 powers of observation are amazing, Senator

                 Farley.

                            SENATOR FARLEY:    Thank you.  What

                 happened to the President?

                            Mr. President, I'll offer the

                 following amendments to these following Third

                 Reading Calendar bills.

                            Senator Goodman, page 14, Calendar

                 471, Senate Print 1105A;

                            Senator Seward, page 22, Calendar





                                                          4237



                 746, Senate Print 6680B;

                            For Senator Goodman, on page 24,

                 Calendar 767, Senate Print 5671A;

                            Senator Skelos, on page 36,

                 Calendar Number 1006, Senate Print 6781;

                            On behalf of Senator Balboni, on

                 page 36, Calendar 1012, Senate Print 7382;

                            Senator DeFrancisco, page 38,

                 Calendar 1050, Senate Print 7474;

                            Senator Seward, on page 42,

                 Calendar 1122, Senate Print 7836;

                            And Senator Seward again, on page

                 46, Calendar 1206, Senate Print 7576A;

                            On behalf of Senator Trunzo, on

                 page 22, Calendar 736, Senate Print 7181A;

                            And on behalf of Senator Skelos, on

                 page 36, Calendar 997, Senate Print 6800A.

                            And, Mr. President, I now move that

                 these bills retain their place on the order of

                 the Third Reading Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received, and all bills will

                 retain their place on the Third Reading

                 Calendar.

                            Senator Fuschillo.





                                                          4238



                            SENATOR FUSCHILLO:    Thank you,

                 Mr. President.

                            On behalf of Senator Volker, I wish

                 to call up Senate Print Number 4659A, recalled

                 from the Assembly, which is now at the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 559, by Senator Volker, Senate Print 4659A, an

                 act to authorize the Office of General

                 Services.

                            SENATOR FUSCHILLO:    I now move to

                 reconsider the vote by which the bill was

                 passed.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            SENATOR FUSCHILLO:    I now offer

                 the following amendments.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, on behalf of Senator Skelos I wish





                                                          4239



                 to call up Senate Print Number 12A, recalled

                 from the Assembly, which is now at the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 250, by Senator Skelos, Senate Print 12A, an

                 act to amend the Penal Law.

                            SENATOR FUSCHILLO:    I now move to

                 reconsider the vote by which the bill was

                 passed.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.

                            SENATOR FUSCHILLO:    I now offer

                 the following amendments.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received.

                            Senator McGee.

                            SENATOR McGEE:    Thank you, Mr.

                 President.

                            On behalf of Senator Skelos, I wish

                 to call up the bill Print Number 965A,

                 recalled from the Assembly, which is now at

                 the desk.





                                                          4240



                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 723, by Senator Skelos, Senate Print 965A, an

                 act to amend the Domestic Relations Law.

                            SENATOR McGEE:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.

                            SENATOR McGEE:    Mr. -- Madam -

                 Mr. President, I now offer the following

                 amendments.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received.

                            SENATOR McGEE:    Mr. President, on

                 behalf of Senator Farley, I wish to call up

                 bill Print Number 6728A, recalled from the

                 Assembly, which is now at the desk.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1169, by Senator Farley, Senate Print 6728A,





                                                          4241



                 an act to authorize the trustees of the State

                 University of New York.

                            SENATOR McGEE:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.

                            SENATOR McGEE:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Thank

                 you, Senator McGee.

                            SENATOR McGEE:    I now offer the

                 following amendments.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 are there any substitutions to be made?

                            ACTING PRESIDENT MEIER:    There is

                 one substitution, Senator Skelos.

                            SENATOR SKELOS:    Please make the

                 substitution at this time.

                            ACTING PRESIDENT MEIER:    The





                                                          4242



                 Secretary will read the substitution.

                            THE SECRETARY:    On page 49,

                 Senator Morahan moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 6516

                 and substitute it for the identical Senate

                 Bill Number 7899, Third Reading Calendar 1277.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could adopt the Resolution Calendar,

                 with the exception of Resolution 4583.

                            ACTING PRESIDENT MEIER:    The

                 motion is to adopt the Resolution Calendar,

                 with the exception of Resolution 4583.  All

                 those in favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 Resolution Calendar, with exception, is

                 adopted.

                            SENATOR SKELOS:    Mr. President,

                 Senator Morahan has consented on Resolutions





                                                          4243



                 4622, 23, and 24 to open up sponsorship to the

                 entire membership.  It's been consented to by

                 the Minority.  So if anybody wishes not to be

                 on those resolutions, they should notify the

                 desk.

                            ACTING PRESIDENT MEIER:    With

                 regard to those three resolutions, any member

                 not wishing to be a cosponsor should notify

                 the desk.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could take up the noncontroversial

                 calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the noncontroversial

                 calendar.

                            Can we have some order in the

                 chamber.  Staff and members who have

                 conversations should take them outside.

                            The Secretary will read the

                 noncontroversial calendar.

                            THE SECRETARY:    Calendar Number

                 12A, by Senator Marcellino, Senate Print

                 2543E, an act to amend the Environmental

                 Conservation Law, in relation to authorizing.





                                                          4244



                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            SENATOR SKELOS:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos.

                            SENATOR SKELOS:    With the consent

                 of the Minority, if we could have the last

                 section read on Calendar Number 12, Senate

                 2543E, for the purposes of Senator Spano

                 voting.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the last section with

                 regard to Calendar Number 12.

                            The Secretary will read Calendar

                 Number 12.

                            THE SECRETARY:    Calendar Number

                 12, by Senator Marcellino, Senate Print 2543E,

                 an act to amend the Environmental Conservation

                 Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect on the first day of





                                                          4245



                 March.

                            SENATOR SPANO:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano.

                            SENATOR SPANO:    I vote aye.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano will be recorded as voting in the

                 affirmative.

                            SENATOR SKELOS:    Withdraw the

                 roll call, please.

                            ACTING PRESIDENT MEIER:    The roll

                 call is withdrawn, and the bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 47, by Senator Alesi, Senate Print 4690, an

                 act to amend the Executive Law, in relation to

                 establishing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the





                                                          4246



                 bill aside.

                            THE SECRETARY:    Calendar Number

                 51, by Member of the Assembly Butler, Assembly

                 Print Number -

                            SENATOR SKELOS:    Lay it aside for

                 the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 203, by Senator Libous, Senate Print 2102A -

                            SENATOR SKELOS:    Lay it aside for

                 the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 215, by Senator Padavan, Senate Print 1808, an

                 act to amend the Public Authorities Law, in

                 relation to the composition.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)





                                                          4247



                            THE SECRETARY:    Ayes, 46.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 222, by Senator Maltese, Senate Print 4752B,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to authorizing distinctive license

                 plates.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 April.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 307, by Senator Kuhl, Senate Print 3243A, an

                 act to amend the Alcoholic Beverage Control

                 Law and the Vehicle and Traffic Law, in

                 relation to the imposition of driver's license

                 suspensions.





                                                          4248



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could go back to Calendar Number 203, I

                 inadvertently laid that aside for the day.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 203.

                            THE SECRETARY:    Calendar Number

                 203, by Senator Libous, Senate Print 2102A, an

                 act to amend the Mental Hygiene Law and the

                 Executive Law, in relation to requiring.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.





                                                          4249



                            The Secretary will continue to

                 read, regular order.

                            THE SECRETARY:    Calendar Number

                 354, by Senator Meier, Senate Print 5851A, an

                 act to amend the Social Services Law, in

                 relation to permanently excluding persons.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect January 1, 2001.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 433, by Senator Larkin, Senate Print 4489, an

                 act to amend the Racing, Pari-Mutuel Wagering

                 and Breeding Law and the Workers' Compensation

                 Law, in relation to the New York Jockey Injury

                 Compensation Fund.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.





                                                          4250



                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 444, by Senator Kuhl, Senate Print 4102A, an

                 act to amend the Environmental Conservation

                 Law, in relation to emergency contracts.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 463, by Senator LaValle, Senate Print 5377, an

                 act to amend the Education Law, in relation to





                                                          4251



                 indemnification of City University.

                            SENATOR DUANE:    Lay the bill

                 aside, please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 485, by Senator Libous, Senate Print 4913, an

                 act to amend the Mental Hygiene Law, in

                 relation to directing the State Commission.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 492, by Senator Saland, Senate Print 5358, an

                 act to amend the Executive Law, in relation to

                 making technical corrections.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            ACTING PRESIDENT MEIER:    The bill





                                                          4252



                 is passed.

                            SENATOR SKELOS:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos.

                            SENATOR SKELOS:    There will be an

                 immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            ACTING PRESIDENT MEIER:

                 Immediate meeting of the Rules Committee in

                 the Majority Conference Room.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 504, by the Assembly Committee on Rules,

                 Assembly Print Number 9003, an act to amend

                 the Surrogate's Court Procedure Act, in

                 relation to permissible methods.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect on the first calendar

                 month next succeeding the 60th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)





                                                          4253



                            THE SECRETARY:    Ayes, 46.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 506, by Senator Velella, Senate Print 6789, an

                 act to amend the Administrative Code of the

                 City of New York, in relate to inquiries.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 513, by Senator McGee, Senate Print 3947, an

                 act to amend the Real Property Tax Law, in

                 relation to increasing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of





                                                          4254



                 July.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 45.  Nays,

                 1.  Senator Kuhl recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 550, by Member of the Assembly Weinstein,

                 Assembly Print Number 10427, an act to amend

                 Chapter 606 of the Laws of 1999 amending the

                 Domestic Relations Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect in 30 days.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 623, by Member of the Assembly Destito,





                                                          4255



                 Assembly Print Number 9310, an act to amend

                 the Social Services Law, in relation to annual

                 financial statements.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 46.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, could we return to the order of

                 motions and resolutions.  And may we please

                 take up Resolution Number 4583, by Senator

                 Nozzolio.

                            ACTING PRESIDENT MEIER:    Motions

                 and resolutions.

                            The Secretary will read Resolution

                 4583.

                            Just the title, Senator?

                            SENATOR FUSCHILLO:    May we have





                                                          4256



                 it read in its entirety and move for its

                 immediate adoption.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Resolution 4583 in its

                 entirety.

                            THE SECRETARY:    By Senator

                 Nozzolio, Legislative Resolution 4583,

                 congratulating the Bloomfield Junior Senior

                 High School Girls Varsity Basketball Team and

                 Coach Phil White on their outstanding season

                 and overall team record.

                            "WHEREAS, 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; and

                            "WHEREAS, Athletic competition

                 enhances the moral and physical development of

                 the young people of this state, preparing them

                 for the future by instilling in them the value

                 of teamwork, encouraging a standard of healthy

                 living, imparting a desire for success, and

                 developing a sense of fair play and

                 competition; and

                            "WHEREAS, The Bloomfield Junior





                                                          4257



                 Senior High School Girls Varsity Basketball

                 Team completed their 1999-2000 season with a

                 record of 27 wins and 1 loss.  They earned

                 their second straight Section V title in a row

                 and earned their second straight New York

                 State title in a row, which makes this school

                 the only Section V school that has won

                 back-to-back state titles; and

                            "WHEREAS, In addition, the

                 Bloomfield Junior Senior High School Girls

                 Basketball Team was the Section V Class CC

                 champions, and they were the New York State

                 Public High School Class C champions.

                            "This powerful team averaged 72

                 points per game on offense and allowed 41

                 points per game on defense.  The athletic

                 talent displayed on 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; and

                            "WHEREAS, The team's overall record

                 is outstanding, and the team members were

                 loyally and enthusiastically supported by

                 family, fans, friends, and the community at





                                                          4258



                 large; and

                            "WHEREAS, The hallmarks of the

                 Bloomfield Junior Senior High School Girls

                 Varsity 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, demonstrating that these team

                 players are second to none.

                            "Athletically and academically, the

                 team members have proven themselves to be an

                 unbeatable combination of talents revealing

                 favorably on their school.  Coach Phil White

                 has done a superb job in guiding, molding, and

                 inspiring the team members toward their goals;

                 and

                            "WHEREAS, Sports competition

                 instills the values of teamwork, pride and

                 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 Junior Senior High





                                                          4259



                 School Girls Varsity Basketball Team, its

                 members -- Heathar Shepard, Ericka Bellis,

                 Sarah McWilliams, Kate Headlee, Marissa

                 Lipovsky, Monica Davis, Anne Eshleman, Cori

                 Hept, Elizabeth Hudson, Katie McDonald, Emily

                 Paulsen, Ashley Myers, Jill Hammond, Emily

                 Rauscher, Kim Rogers, Elizabeth Kaufmann, and

                 Leah Hyland -- and Coach Phil White on their

                 outstanding season and overall team record;

                 and be it further

                            "RESOLVED, that a copy of this

                 resolution, suitably engrossed, be transmitted

                 to the Bloomfield Junior Senior High School

                 Girls Varsity Basketball Team and to Coach

                 Phil White."

                            ACTING PRESIDENT MEIER:    Senator

                 Nozzolio.

                            SENATOR NOZZOLIO:    Thank you, Mr.

                 President.  On the resolution.

                            Mr. President and my colleagues, I

                 very much appreciate the opportunity today to

                 welcome to this great chamber a great group of

                 people from Bloomfield who have excelled in

                 athletics and have given their community and

                 their state great pride.





                                                          4260



                            As the senator representing this

                 community, it is with great pride that I stand

                 and applaud the wonderful contributions of

                 these fine young women, who not once but

                 twice, two years in a row, were successful in

                 winning the New York State Class C basketball

                 title.

                            But these young ladies are much

                 more than basketball players, excellent as

                 they are in that sport.  They are fine

                 ambassadors for their community, they are

                 respectful, they have given great honor to

                 themselves, to their school, and to their

                 families.

                            Phil White was singled out as the

                 coach, and he has been truly an outstanding

                 coach.  I'd also like to recognize with him

                 Keith Shepard, who has two daughters who are

                 involved on the team, and that certainly Keith

                 that given a great amount of his time and

                 effort to this endeavor.  Also, Principal

                 Denny Wilcox, who came with the team today on

                 behalf of the Bloomfield Central schools.

                            We recognize too often those young

                 people who have gone astray.  These young





                                                          4261



                 people are right on the mark.  And, Mr.

                 President, it is an honor for me to welcome

                 them to this chamber today and thank the

                 Senate for its resolution.

                            I move the resolution.

                            ACTING PRESIDENT MEIER:    The

                 question is on the resolution.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolution is adopted.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, can we return to the reading of the

                 noncontroversial calendar, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue with the reading of

                 the noncontroversial calendar.

                            THE SECRETARY:    Calendar Number

                 657, by Senator Volker, Senate Print 6644, an

                 act to amend the Criminal Procedure Law, in

                 relation to youthful offender adjudication.





                                                          4262



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 658, by Senator Volker, Senate Print 6647, an

                 act to amend the Criminal Procedure Law, in

                 relation to dismissal.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.





                                                          4263



                            THE SECRETARY:    Calendar Number

                 659, by Senator Volker, Senate Print 6974, an

                 act to amend the Criminal Procedure Law, in

                 relation to release of official records.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 734, by Senator Stachowski, Senate Print 6368,

                 an act to authorize the Commissioner of

                 General Services to sell and convey.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)





                                                          4264



                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 774, by Member of the Assembly Weisenberg,

                 Assembly Print Number 9528A, an act to amend

                 the Insurance Law, in relation to family

                 member coverage.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 844, by Senator Wright -

                            SENATOR FUSCHILLO:    Lay it aside

                 for the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number





                                                          4265



                 863, by Senator Johnson, Senate Print 759A, an

                 act to amend the Executive Law, the Civil

                 Practice Law and Rules, and the Tax Law, in

                 relation to personal injury awards.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the first day of

                 January.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 867, by Senator Padavan, Senate Print 1788, an

                 act to amend the State Finance Law, in

                 relation to contracts for architectural and

                 engineering services.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT MEIER:    Call the





                                                          4266



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.  Nays,

                 1.  Senator M. Smith recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 868, by Senator Volker, Senate Print 2273, an

                 act to amend the Executive Law, in relation to

                 civil actions against employees.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 929, by Senator Hoffmann, Senate Print 5292A,

                 an act to amend the Agriculture and Markets

                 Law, in relation to animal population control.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the





                                                          4267



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 966, by Senator Lack, Senate Print 3819, an

                 act to amend the Judiciary Law and the Family

                 Court Act, in relation to compensation.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1109, by Senator Rath, Senate Print 722C, an

                 act to amend the General Business Law, in

                 relation to the regulation of unsolicited

                 commercial electronic mail.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1111, by Senator Nozzolio, Senate Print 1586B,

                 an act to amend the Executive Law and the

                 General Business Law, in relation to credit





                                                          4268



                 reporting.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect January 1, 2001.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1135, by Senator Hannon, Senate Print 6986, an

                 act to amend the Public Health Law, in

                 relation to the licensure and testing of

                 applicants.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR DUANE:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1146, by Senator Volker, Senate Print 7425, an

                 act to amend the Mental Hygiene Law, in





                                                          4269



                 relation to peace officer powers.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1226, by Senator LaValle, Senate Print 4910,

                 an act to amend the Criminal Procedure Law, in

                 relation to designating.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1253, by Senator Alesi, Senate Print 1605, an

                 act to amend the General Business Law, in

                 relation to recordkeeping.

                            ACTING PRESIDENT MEIER:    Read the





                                                          4270



                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1254, by Senator Goodman, Senate Print 2283,

                 an act to amend the Transportation Law, in

                 relation to insurance of household goods.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.  Nays,

                 1.  Senator Kuhl recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.





                                                          4271



                            THE SECRETARY:    Calendar Number

                 1255, by Senator Lachman, Senate Print 2699,

                 an act to amend the Public Authorities Law, in

                 relation to prescribing penalties.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1256, by Senator Volker, Senate Print 3822, an

                 act to amend the Penal Law, in relation to the

                 unlawful wearing of body vests.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.





                                                          4272



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1257, by Senator Nozzolio, Senate Print 4021A,

                 an act to amend the Criminal Procedure Law and

                 the Penal Law, in relation to mandatory

                 arraignment.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1258, by Senator Velella, Senate Print 4185,

                 an act to amend the Real Property Law, in

                 relation to nonsolicitation.

                            ACTING PRESIDENT MEIER:    Read the





                                                          4273



                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1259, by Senator Leibell, Senate Print 5326,

                 an act to amend the Military Law, in relation

                 to payment.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1260, by Senator Velella, Senate Print 6245,





                                                          4274



                 an act to amend the Civil Practice Law and

                 Rules, in relation to actions to recover

                 damages.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1261, by Senator Seward, Senate Print 6363, an

                 act to amend the State Finance Law, in

                 relation to matching funds.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.





                                                          4275



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1262, by Senator Skelos, Senate Print 6821, an

                 act to amend the Civil Practice Law and Rules,

                 in relation to the time to take an appeal.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            SENATOR SKELOS:    Lay it aside for

                 the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 1263, by Senator Padavan, Senate Print 6958,

                 an act to amend the Penal Law, in relation to

                 illegal possession.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 November.





                                                          4276



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1264, by Senator Leibell, Senate Print 7072,

                 an act to amend the Civil Practice Law and

                 Rules, in relation to increasing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1265, by Senator Hannon, Senate Print 7250, an

                 act to amend the Tax Law, in relation to

                 extending.

                            SENATOR DUANE:    Lay it aside,





                                                          4277



                 please.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1266, by Senator Seward, Senate Print 7261A,

                 an act to amend the Insurance Law, in relation

                 to nonresident excess line brokers.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1267, by Senator Velella, Senate Print 7419,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to the reporting of accidents.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This





                                                          4278



                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1268, by Senator Goodman, Senate Print 7515,

                 an act to amend the Penal Law, in relation to

                 concurrent and consecutive terms of

                 imprisonment.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1269, by Senator Alesi, Senate Print 7630, an

                 act to amend the Criminal Procedure Law, in

                 relation to permitting.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.





                                                          4279



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1270, by Senator Stafford, Senate Print -

                            SENATOR FUSCHILLO:    Lay it aside

                 for the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 1271, by Senator Rath, Senate Print -

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1273, by Senator Leibell, Senate Print 7773,

                 an act to amend the Election Law, in relation

                 to conduct of elections.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of





                                                          4280



                 January.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1274, by Senator Padavan, Senate Print 7821,

                 an act to amend the Highway Law, in relation

                 to bridge inspection.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1275, by Senator LaValle, Senate Print 7844,

                 an act to amend the Executive Law, in relation

                 to continuing.





                                                          4281



                            SENATOR DUANE:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Can we

                 have some order in the chamber, please.

                            Lay the bill aside.

                            THE SECRETARY:    Calendar Number

                 1276, by Senator Rath, Senate Print 7867, an

                 act to amend the Real Property Tax Law and the

                 Agriculture and Markets Law, in relation to

                 making technical and clarifying amendments

                 thereto.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 12.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1277, substituted earlier today by Member of

                 the Assembly Robach, Assembly Print Number

                 6516, an act to amend the Education Law, in

                 relation to authorizing.





                                                          4282



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1278, by Senator Marcellino, Senate Print

                 7949, an act to amend the Executive Law and

                 others, in relation to making funds of a

                 convicted person available to crime victims.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 13.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.  Nays,

                 1.  Senator Montgomery recorded in the

                 negative.





                                                          4283



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Bruno, that concludes the

                 reading of the noncontroversial calendar.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time take up the controversial

                 calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the controversial

                 calendar.

                            THE SECRETARY:    Calendar Number

                 12, by Senator Marcellino, Senate Print 2543E,

                 an act to amend the Environmental Conservation

                 Law, in relation to authorizing.

                            SENATOR PATERSON:    Explanation.

                            ACTING PRESIDENT MEIER:    Can we

                 have order in the chamber, please.  We'll get

                 through this a lot more quickly.

                            Senator Marcellino, an explanation

                 has been requested of Calendar 12 by Senator

                 Paterson, I believe.

                            SENATOR MARCELLINO:    Thank you,

                 Mr. President.

                            Mr. President, my colleagues, we

                 have debated this bill before.  It is





                                                          4284



                 well-known to everybody here.  This was

                 probably a bill -- or probably one of the

                 first bills that I introduced when I came to

                 the Senate.  At the time, it seemed like a

                 good idea.  I was trying to help people from

                 exposure to pesticides.

                            And in my idealism, I felt that

                 everybody would join in and say, Hey, this is

                 a great idea, we should do this, we should all

                 rise up and say exposure to these dangerous

                 substances should be avoided at all costs.

                 And being a good neighbor is a good idea, so

                 let's all jump on and vote for this bill.

                            Opposition rises from many angles

                 and from many directions.  Applicators of

                 pesticides don't like it, for obvious reasons.

                 They see it as an infringement on their right

                 to do business.  So we work with the

                 applicator to try to alleviate some of their

                 concerns.

                            As you see from this bill, it is an

                 E version, a relative rarity in this house.

                 We do not amend that many times, usually.

                 However, this bill has been changed a number

                 of times.





                                                          4285



                            The farmers objected, through their

                 organization, saying that this bill would

                 impose upon them undue circumstances.  After

                 reviewing their concerns and reviewing the

                 situation, we agreed with them.  So farmers

                 are exempted from this law, for good reason.

                 That doesn't seem to mollify them.  They still

                 seem to object to the bill.  But we will

                 continue to forge ahead with the issue.

                            Last year the bill was passed with

                 some limits.  It was a downstate bill,

                 predominantly.  It controlled or regulated or

                 imposed these rules on the downstate counties

                 of Westchester, the City of New York, Nassau,

                 and Suffolk counties.  Which took care of

                 about two-thirds of the population of the

                 state, or brought them under the aegis of the

                 law, where some of the opponents of the bill,

                 some of the environmental opponents, said that

                 the greatest problem for exposure to

                 pesticides and the greatest incidences of

                 concern were occurring.

                            In the interim, a number of my

                 colleagues have come to me and said that

                 people around in other counties have suggested





                                                          4286



                 that they would like to see or at least be

                 able to avail themselves of the program that

                 is expressed in this bill.  So this year we've

                 expanded the bill to include all counties of

                 the state, with the ability of the county to

                 opt in if they so choose.

                            We are not mandating that the

                 counties follow these rules or these

                 regulations.  They are allowed to make that

                 decision for themselves, via their county

                 legislatures.  And they can come out and say

                 "we would choose to" or "we choose not to."

                 That is their choice.  We are not forcing it

                 on anyone.  They can opt in under this

                 legislation.

                            What this bill does is it

                 authorizes the county to adopt and enforce

                 local laws requiring consumer pesticide use

                 information signs be posted at retail

                 establishments selling general-use pesticides

                 for residential or commercial lawn

                 application, requiring at least 48-hour notice

                 to property owners within 150 feet of a

                 commercial lawn application of pesticide

                 through the air, where such vegetation being





                                                          4287



                 sprayed is 5 feet tall or greater, and notice

                 to property owners within 15 feet where the

                 vegetation being sprayed is less than 5 feet

                 tall, requiring persons performing residential

                 application of pesticides to post markers -

                 in other words, to flag their properties -

                 along the perimeter of the treated property.

                 This establishes penalties for said violations

                 of such local laws.

                            The bill is -- there is no same-as

                 at this point in time.  The Assembly has a

                 different version of the legislation, seeking

                 the same thing but going about it in a

                 different way.  As we speak, our staffs are

                 trying to reconcile the two pieces of

                 legislation so that we can have what is known

                 up here as three-way agreement on the bill.

                 They will continue to notice and they will

                 continue to discuss and to try to reconcile

                 the two bills.

                            There are parts of the other bill

                 in the other house which we find acceptable,

                 and they have indicated to us there are parts

                 of our bill which they find acceptable.  And

                 we are trying to reconcile the differences.  I





                                                          4288



                 feel confident that those differences can be

                 reconciled, in fact.

                            How long that will take is another

                 situation.  We cannot be sure of that.  So we

                 feel that it is better to move forward with

                 the legislation at this time as it is, and

                 continue to negotiate as we speak.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Mr.

                 President, I believe there's an amendment at

                 the desk.  I would like to call it up, waive

                 its reading, and be heard on the amendment.

                            ACTING PRESIDENT MEIER:    The

                 amendment is at the desk, the reading is

                 waived, and you're recognized to explain the

                 amendment.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.

                            I guess we're going through the

                 same pattern we followed last year, although

                 hopefully the spiral is bringing us closer to

                 the goal of actually having a law on the issue

                 of pesticide notification.

                            The amendment would essentially





                                                          4289



                 substitute the legislation passed in the

                 Assembly for the proposed bill, for a couple

                 of very simple reasons.  I think that there

                 are areas in which the Senate leads and areas

                 in which the Senate follows.  And on this

                 issue, I think the Senate is following.

                            The Assembly has passed a bill

                 mandating a statewide program.  Every county

                 in the state would be under the same program

                 and have to provide the same notification for

                 pesticide application.  There wouldn't be a

                 hodgepodge of different counties with

                 different rules.

                            That's a problem, frankly, not just

                 for the children and people who would not get

                 notification if a county opts out, but also

                 for pesticide application companies, who would

                 have to follow different rules in different

                 parts of the state.

                            The Assembly bill, which this

                 amendment would substitute, also covers

                 schools and daycare centers.  Tremendously

                 important, and a glaring omission from our

                 legislation.

                            I do think we're moving forward on





                                                          4290



                 this.  I am hopeful we will have an agreement.

                 I just would urge my colleagues to vote for

                 the amendment.  Let's do the stronger bill.

                 Let's do the version that Assemblyman DiNapoli

                 has sponsored.  It's supported by more than 50

                 environmental and health organizations, breast

                 cancer groups, civic associations.

                            And I think this is a situation

                 where we're not going to make the pesticide

                 industry happy.  They're opposed to Senator

                 Marcellino's bill and Assemblyman DiNapoli's

                 bill.  Let's do this the right way.  Let's

                 protect all the children in our state.  And I

                 urge that we vote yes on this amendment, close

                 on this bill immediately.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Mr.

                 President, it's interesting to hear my

                 colleague's stand.  Earlier this year when I

                 put in an amendment in the committee to amend

                 my legislation, my colleague Mr. Schneiderman,

                 who just spoke, put in a bill of his own.  The

                 bill of his own was my bill.  His bill didn't





                                                          4291



                 include schools or daycare centers.  His bill

                 didn't do a lot of other things that he's

                 talking about now.

                            It was my bill.  It is my bill.  I

                 assume if it was good enough then, it's bad

                 now, so he must be amending his own bill on

                 this piece.  So that's one interesting point.

                            The other point that we talk about,

                 with a hodgepodge of different rules, the

                 counties would opt in through the same rules.

                 They would all opt into the same program

                 spelled out in this bill.  They could not

                 write their own law.  They have to opt into

                 the law as it's written in the bill.

                            Schools are covered under this

                 legislation.  However, if you want to go

                 further, schools have independently elected

                 school boards.  These are people who are

                 charged and elected by their constituents to

                 set policy for their school districts.  One of

                 those policies -- and I know, because I sat on

                 a local school board -- was to protect the

                 health and safety of the students and people

                 who attend or go to the building and use the

                 facilities.





                                                          4292



                            If a school district wished to

                 notify, all that had to be done was the

                 superintendent be told by the board of

                 education to do it.  They don't need to be

                 forced to do anything.  They don't need to opt

                 into anything.  They could do it themselves

                 now.  Nothing in the law prevents them from

                 doing it, nothing in the law precludes them

                 from doing it.  They have a perfect right if

                 they wish to.

                            My concern with some parts of the

                 bill -- I won't go into too much detail -- is

                 it treats all the applications the same.  When

                 you do that -- this is regardless of health

                 risk, immediate or otherwise.  When you do

                 that, you encourage the maximum use of

                 pesticide the first time, rather than to

                 discourage it.  You say to the applicator,

                 Come in now with the nuclear weapon, do what

                 you have to do to prevent reoccurrence so you

                 don't have to go back and renotify and

                 renotify and rerenotify.

                            Spraying, which is treated in the

                 bill as it stands, is the primary concern for

                 us.  That is an immediate risk.  It puts





                                                          4293



                 anyone in its way at an immediate risk.  If I

                 put down bait traps in a school, that does not

                 pose any immediate risk to anybody.  Yet under

                 the bill that is being amended -- under this

                 amendment, they would have to proceed and they

                 would have to be given 48-hour notification to

                 put down a roach trap.  Which is no immediate

                 problem to anybody but the roach.

                            I suggest to you that it is flawed

                 to treat all applications the same.  They are

                 not.  It is incumbent upon us to discourage

                 overuse, which the amendment does not, and to

                 encourage the minimal use whenever possible,

                 and other alternative methods whenever

                 possible, by the applicators.

                            By making their job onerous and

                 forcing them to come back and return and

                 rereturn, we encourage them to use the worst

                 possible approach, maximum effort.  This is

                 something that we do not want them to do.

                 This is something we try to discourage.

                            So the bill, although

                 well-intended, and the amendment, although

                 well-intended, has some serious flaws.  And I

                 would urge because of those flaws that we not





                                                          4294



                 support the amendment, that we in fact vote it

                 down, that we in fact pass the bill that is on

                 the floor now before us so that we can move

                 ahead.

                            And hopefully with the Assembly's

                 concurrence and with the sponsor in the

                 Assembly's concurrence, our two offices can

                 meet and our two staffs can come together and

                 resolve any outstanding issues, so that

                 ultimately we have a meaningful state law that

                 will protect everyone.

                            This amendment does not protect

                 anyone.  I urge its defeat.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Mr.

                 President, just to respond briefly, because I

                 know we have a lot on the agenda.

                            On the issue of schools, I don't

                 see where schools are -- schools are not

                 covered.  There's no plan for schools in this

                 bill.  There is -- and there's a companion

                 bill to the bill I introduced that Senator

                 Marcellino referred to, carried by Senator

                 Breslin, that covers schools.  His bill plus





                                                          4295



                 my bill gets the job done.  So that's why I

                 didn't include schools in that particular

                 version.

                            I don't disagree with very much

                 that Senator Marcellino said in terms of the

                 intention of the bill, the difficulties

                 passing it.  I hope the staffs get together, I

                 hope we get a law.

                            I do not see any reason why this

                 should not be a statewide law, why you should

                 have some counties in and some counties out

                 and pesticide application companies working in

                 two counties having to abide by different sets

                 of rules.

                            And I also do think that turf

                 application is a very serious problem.  I

                 realize that spraying -- I agree that spraying

                 is a more serious problem, but I think turf

                 application is also a very serious problem.

                 For those reasons, I urge us to pass the

                 amendment.

                            However, I do plan to vote for the

                 underlying bill in the unlikely event that the

                 amendment is defeated, because I do think that

                 the effort to conference this and move it





                                                          4296



                 forward is not just well-intentioned but is

                 something that I believe in the current

                 atmosphere is going to produce results this

                 year on an issue that is important to many of

                 us on both sides of the aisle.

                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Mr.

                 President, we also have a two-bill approach.

                            We have an IPM bill for schools

                 which will also deal with much of the problem

                 in schools.

                            We also deal with the granular

                 application.  Granular application is dealt

                 with through homeowners.  And as of right now,

                 a commercial applicator must flag when they

                 put out a granular application.

                            Under this legislation as it

                 proposed unamended, the homeowner would have

                 to put a flag out when they apply a granular

                 application.  Granular application is not the

                 risk spraying is.  A granular application is

                 only at risk if you walk on your neighbor's

                 property where you do not belong without

                 permission.  And if a flag is posted to say





                                                          4297



                 it's a hazard, you don't go there.  That's

                 what it means.  It means the same when the

                 commercial applicator puts it out as when the

                 private homeowner puts it out.

                            We deal with it that way.  There is

                 no need for 48-hour notification for granular

                 application.  There simply is no need.  It's a

                 waste of time and an overuse.  What you're

                 saying then is they ought to spray, because

                 what else.  They might as well, if they've got

                 to give them 48-hour notice, use the other

                 weapon.  Use the atomic bomb rather than the

                 lesser one.

                            We are addressing the issues, we

                 think, in a responsible manner.  Again, I urge

                 the defeat of the amendment.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman, one moment.  The rules of the

                 Senate provide that a member may speak twice

                 on a question.

                            SENATOR SCHNEIDERMAN:    Thank you

                 very much.  I have spoken twice.

                            ACTING PRESIDENT MEIER:    Thank

                 you, Senator Schneiderman.

                            Senator Coppola.





                                                          4298



                            SENATOR COPPOLA:    On the bill -

                 on the amendment.

                            It's a good idea to include all of

                 the State of New York.  The fact of the matter

                 is if Ronald Reagan had left all of the United

                 States of America hanging with the drinking

                 law in the 50 states -- we have a uniform

                 drinking law in the United States, which was

                 very progressive and very fortunate that he

                 took the leadership to do that.

                            And I feel the same way about this

                 environmental pesticide, because it's

                 dangerous to our environment and to our

                 society.  And to have it voluntary out there

                 for different counties, I don't think they'll

                 participate.

                            So I support the amendment.  Thank

                 you.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Thank you,

                 Mr. President.  I rise just to make one point

                 to Senator Marcellino with respect to the

                 nonspraying application of pesticides.

                            How it comes to get on the ground





                                                          4299



                 from my point of view is not the issue.  The

                 question is, is there any notice when your dog

                 runs onto the lawn or that trespasser that -

                 frankly, I've got three of them.  And when

                 they were between the ages of 3 and 12, they

                 trespassed everywhere.  They were called

                 children.  And they would go out and run

                 around on people's lawns, run around on school

                 district lawns, run around on lawns all over

                 the place.  I never knew what was on that

                 lawn.

                            And I appreciate the fact that the

                 spraying, because of the airborne

                 possibilities of being -- extending beyond the

                 boundaries, is a more dangerous threat.  But I

                 also think that granular applications can pose

                 a threat to the populations that are most

                 vulnerable -- children, pets, things that end

                 up on other people's lawns that wouldn't

                 necessarily be trespassers.

                            And I would just suggest that

                 that's one of the reasons to vote for this

                 amendment, because it's more expansive than

                 what this bill proposes.

                            And I also agree with Senator





                                                          4300



                 Schneiderman.  I think if we make it local

                 option, if we don't use the power we have to

                 require this statewide, we're going to end up

                 with a patchwork of 60 odd -- well, not 60,

                 because the City of New York will be included

                 as one.  But we're going to end up with a

                 patchwork of 45 different rules and

                 regulations which will make it impossible for

                 the economies of scale to come with statewide

                 provisions or statewide suppliers of this

                 service to actually utilize it.

                            And I have one other question on

                 the main bill when we get through with the

                 amendment, Mr. President, which I'll direct to

                 Senator Marcellino later.

                            SENATOR MARCELLINO:    Mr.

                 President.

                            ACTING PRESIDENT MEIER:    We're on

                 the amendment, Senator.

                            SENATOR MARCELLINO:    Aw.

                            ACTING PRESIDENT MEIER:    The

                 question is on the amendment.  All those in

                 favor signify by saying aye.

                            SENATOR PATERSON:    Party vote in

                 the affirmative.





                                                          4301



                            SENATOR BRUNO:    Party vote in the

                 negative.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 23.  Nays,

                 35.  Party vote.

                            ACTING PRESIDENT MEIER:    The

                 amendment is defeated.

                            Senator Marcellino.

                            SENATOR MARCELLINO:

                 Mr. Chairman, read the last section.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall -

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Mr.

                 President, may I just ask Senator Marcellino

                 one question on the main bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino, do you yield for a question?

                            SENATOR MARCELLINO:    Yes, I

                 yield.





                                                          4302



                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DOLLINGER:    How does this

                 affect the application of pesticides for

                 things like the West Nile virus and the

                 application against mosquitos in certain

                 instances?  Will this affect that in any way?

                 This is a lawn -- is this simply a residential

                 lawn application program?

                            SENATOR MARCELLINO:    This would

                 not affect anything that had to do with aerial

                 spraying in that respect, because that would

                 be an emergency situation and a health-risk

                 situation.  So this bill would not negatively

                 impact or require them to do anything like

                 that, Mr. Dollinger -- Senator Dollinger.

                            The bill was not intended to deal

                 with that, and there's always the emergency

                 application situation.  When you have a health

                 risk, you have to do what you have to do.

                            SENATOR DOLLINGER:    Just on the

                 bill briefly, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger, on the bill.

                            SENATOR DOLLINGER:    I'm going to





                                                          4303



                 vote against this bill.  I know that there are

                 many people who support it as the reasoned

                 alternative or doing something on this

                 measure.

                            But I have voted against this bill

                 in the past because it really doesn't do

                 anything for Monroe County, the community that

                 I represent.  It allows them to opt in but

                 frankly allows them to create a whole series

                 of rules and regulations that could be

                 inconsistent with other parts of the state.

                            I think this is the wrong approach.

                 I favor the amendment, the amended approach.

                 I would go that way.  I appreciate what

                 Senator Marcellino is trying to do.  I don't

                 think this bill quite goes far enough.  And

                 until it does something for Monroe County

                 rather than just allows them to opt in, my

                 view is they may have the power to do all

                 these things that Senator Marcellino wants to

                 do.  They may have that power today under

                 their normal police powers.  And I'm not so

                 sure we're necessarily giving them anything

                 all that much.

                            So from my point of view, the





                                                          4304



                 better way to do it is make it mandatory,

                 require the counties to do it.  And when that

                 bill comes out, when we've had discussions

                 with the Assembly, I'll be the first in line

                 to vote for it, Mr. President.

                            SENATOR MARCELLINO:

                 Mr. Chairman.

                            ACTING PRESIDENT MEIER:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Yeah, you

                 know, I keep on saying it, but Senator

                 Dollinger was wrong on the granular

                 application approach on several reasons.

                            Yes, children are at risk.

                 Children are our most at-risk group.  We want

                 to protect them at all costs because they're

                 most vulnerable.  And they should be protected

                 at all costs.  And two- and three-year-olds

                 should not be allowed to go running around on

                 anybody else's property or anywhere else

                 unattended by an adult.

                            And I'm sure Senator Dollinger

                 would not have allowed his children to go

                 running around out in the neighborhood without

                 an adult present.  And I certainly didn't





                                                          4305



                 allow mine, and I doubt if anyone here allowed

                 theirs.

                            The flagging tells the parent, the

                 responsible party, that there is a dangerous

                 substance on that lawn, you are the

                 responsible party, you must keep your child

                 off the lawn.  That is your responsibility.

                 There is no way you can mandate responsibility

                 on anyone.

                            Wrong on the other application

                 business.  This does not produce or does not

                 allow individual counties to set up their own

                 rules.  They have to go by the rules in the

                 bill.  There will be no hodgepodge of laws.

                 All counties opting into this plan must opt

                 into the plan as stated in the law.  No two

                 counties can do totally different rules.

                            So if they opt in, they will opt in

                 with the same set of rules, whether they are

                 from Monroe County or from Nassau and Suffolk

                 Counties.  And I daresay Nassau and Suffolk

                 County people and Monroe County people are

                 very much the same.  Neither one should be

                 unnecessarily exposed to pesticides.

                            I urge the support of this bill.





                                                          4306



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            Oh, I'm sorry.  Excuse me, Senator

                 Oppenheimer.  I'm sorry.

                            SENATOR OPPENHEIMER:    I'm short,

                 but I'm not that short.

                            ACTING PRESIDENT MEIER:    No,

                 you're not.  You're noticeable.

                            Senator Oppenheimer.

                            SENATOR OPPENHEIMER:    I have a

                 question for Senator Marcellino.

                            ACTING PRESIDENT MEIER:    Senator,

                 do you yield for a question?

                            SENATOR MARCELLINO:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR OPPENHEIMER:    And this is

                 just -- I will ask Senator Marcellino just for

                 an educated guess because he is really so

                 knowledgeable in this area.

                            Do you feel that our counties in

                 New York State will opt into this voluntary

                 program?

                            SENATOR MARCELLINO:    Senator, I

                 believe that every county should opt into this





                                                          4307



                 proposal, and I believe most every county will

                 opt into this proposal over time, if not

                 immediately upon its passage into becoming

                 law.  I believe they will.

                            I do also believe that they have a

                 right, as a local municipality, to determine

                 their own fate.  And that local control and

                 those county legislatures have certain rights

                 as well, and that we owe them the courtesy and

                 the consideration of taking their own action.

                            And I believe that they will do the

                 right thing as they see it for their

                 constituents and their residents.  And I

                 believe, as I said earlier, every county will

                 eventually opt into this legislation.

                            SENATOR OPPENHEIMER:    Thank you,

                 Senator.

                            I'll just speak very briefly on the

                 bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Oppenheimer, on the bill.

                            SENATOR OPPENHEIMER:    Lord knows,

                 I hope what Senator Marcellino says is right.

                 And I certainly would like all counties to opt

                 in.  But I'm fearful that all counties may not





                                                          4308



                 opt in.

                            And I feel this is important enough

                 to have the 48-hour prenotification, and there

                 are various pieces of this bill which I

                 definitely support.

                            I think we shouldn't get too tied

                 into this, because -- into your bill, Senator

                 Marcellino, because we do want something to

                 come out this session, if possible.  And if

                 there is talk going on right now -- we have

                 been discussing this bill for, I guess, six

                 seven years.  It seems to me to be a very long

                 time that we've been talking about it.

                            And maybe in these last few days,

                 with crunch coming, maybe we will be able to

                 achieve some give-and-take and come out with a

                 single bill.  Because to my way of thinking,

                 the other house has the preferable bill,

                 because daycare centers are included and

                 schools are.

                            And also because I think the

                 requirements in the Senate bill, the

                 specifications, the application

                 specifications, are really very, very

                 cumbersome.  And I think the other house has a





                                                          4309



                 bill that is easier to understand and easier

                 to enforce.

                            So I'm going to be supporting this

                 bill.  I think it has very important

                 considerations in it.  It is my hope, as I

                 have said in past years, that the two houses

                 will get together to iron out these

                 differences and that we can present both

                 houses with a single bill, because many of us

                 very much support the idea of pesticide

                 notification and want to see it happen now.

                            I'll be supporting the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thanks,

                 Mr. President.  On the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I join

                 with Senator Oppenheimer in her sentiments.

                 I'm going to vote yes on this bill.  I think

                 it is a step forward.

                            I do, however, have concerns, and I

                 don't really think that in the area of

                 environmental protection, county opt-in is





                                                          4310



                 really the right way to go.  I mean, I think

                 with our clean air laws, our clean water laws,

                 as a federal matter and as a state matter,

                 consistency is really critical.

                            And in a lot of areas where you

                 have asthma epidemics, essentially, in some

                 parts of the state -- and pesticide is one of

                 the things that has been identified as one of

                 the sources -- consistent reduction of

                 exposure to pesticide for all the children of

                 the state should be our goal.

                            I'm supporting the bill.  I hope

                 we'll move forward to conferences with the

                 Assembly.  And I hope what we come out with is

                 something that has statewide application.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Just briefly

                 on the bill, Mr. President.

                            I just disagree with my colleague,

                 Senator Marcellino, on one thing.  I agree

                 that the bill says that it has to have all

                 these provisions without exception, which is

                 the language in this bill.  But there's





                                                          4311



                 nothing in this bill that says that they

                 couldn't add other criteria onto the bill.

                 They could put additional requirements beyond

                 the basic minimum that we require by statute.

                            So under those circumstances, the

                 hodgepodge effect that Senator Schneiderman

                 referred to could in fact happen.  That's what

                 this bill could do.  We could end up with a

                 balkanized system of notification that would

                 be counterproductive.

                            I like the concept, but I've voted

                 against this bill in the past because I think

                 it's the wrong approach.

                            Let's use that power that we have

                 to require all the counties to do something

                 statewide.  So that when the people from

                 Rochester go on vacation in Ontario County,

                 where Senator Nozzolio is from, or they go

                 into Niagara County, where Senator Maziarz is

                 from, they know that the same rules apply.

                 When they see the little markers on the lawns

                 in our public schools or in our playgrounds,

                 they'll know that pesticides have been adapted

                 and they'll know that there's a consistent

                 statewide rule for application.





                                                          4312



                            That's the right way to go.  Until

                 we get there, I'm going to vote no, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 Balboni.

                            SENATOR BALBONI:    Mr. President,

                 thank you for the opportunity to speak on the

                 bill briefly.

                            This issue is an issue that is

                 very, very difficult for all of us, only

                 because, as usual with many issues in this

                 state, there's a huge geographical divergence

                 of opinion.

                            The farming community sees

                 pesticides as a necessary way to conduct

                 business.  And in fact, many in the suburbs

                 see pesticides as a way to keep their lawns

                 and the way they see their houses as something

                 green and wonderful.  But at the same time,

                 there are many people who would like to see a

                 bill that simply bans pesticides.

                            The difficulty associated with this

                 bill for years has been that this is a

                 tightrope to walk.

                            I want to congratulate Senator Carl





                                                          4313



                 Marcellino.  This has been a very difficult

                 issue for him, only because he's trying to do

                 the right thing with an issue that involves

                 notification.  This is not about banning

                 pesticides.  This is not about clean air.

                 This is not about clean water.  Because this

                 doesn't stop the use of pesticides.

                            What this does is it gets into the

                 daily fabric of life and says, in a

                 commonsense way, talk to your neighbor, let

                 your neighbor know what you're doing to your

                 property, and then hopefully the neighbor will

                 do the right thing with their family.

                            We cannot legislate common sense,

                 but we can legislate notification and

                 information.  And I think the part of this

                 bill that just is not focused on, but it's a

                 very important element, is what happens at the

                 place where pesticides are sold.

                            I know many of my neighbors who go

                 to the lawn-care stores, they have no idea

                 what they're buying except it says it kills

                 grubs.  They don't understand what the

                 chemical composition is, and they have no

                 appreciation as to whether or not this is in





                                                          4314



                 fact something that can affect human life.

                            But what this does is it says at

                 the point of purchase to the homeowner -- and

                 if you take a look at the statistics, my

                 colleagues, you'll see that in terms of

                 actually putting pesticides into the ground,

                 homeowners, private applicators, do a lot more

                 than commercial applicators.

                            And so it says to the private

                 applicator, Stop.  Think about what you're

                 going to put on your lawn.  Think about what

                 you're going to put into the environment.  And

                 that educational component is probably one of

                 the best aspects of this bill.

                            What frustrates me are the people

                 who perhaps stand outside of this business and

                 say, If you don't do the bill the way we want

                 to do it, then you're not in favor of

                 pesticide notification and you're not doing

                 the right thing.

                            That is bunk.  This is the first

                 step in a dialogue that we need to have on a

                 very important issue.  It is probably one of

                 the most commonsense approaches you could see

                 out there.





                                                          4315



                            And, Carl, don't give up the fight.

                 I think this is a good piece of legislation.

                 And I would urge support, Mr. President.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect on the first day of

                 March.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.  Nays,

                 2.  Senators Duane and Dollinger recorded in

                 the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 47, by Senator Alesi, Senate Print 4690 -

                            SENATOR FUSCHILLO:    Lay it aside

                 for the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 203, by Senator Libous, Senate Print 2102A, an





                                                          4316



                 act to amend the Mental Hygiene Law and the

                 Executive Law -

                            SENATOR FUSCHILLO:    Lay it aside

                 for the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 463, by Senator LaValle, Senate Print 5377, an

                 act to amend the Education Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR HEVESI:    Explanation.

                            SENATOR STACHOWSKI:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle, an explanation has been requested of

                 Calendar 463 by Senator Hevesi.

                            SENATOR LAVALLE:    Put a sponsor

                 star on it, please.

                            ACTING PRESIDENT MEIER:    Place a

                 sponsor star on Calendar 463.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 485, by Senator Libous, Senate Print 4913, an

                 act to amend the Mental Hygiene Law, in





                                                          4317



                 relation to directing.

                            SENATOR FUSCHILLO:    Lay it aside

                 for the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 868, by Senator Volker, Senate Print 2273, an

                 act to amend the Executive Law, in relation to

                 civil actions.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            SENATOR PATERSON:    Explanation.

                            SENATOR FUSCHILLO:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 966, by Senator Lack, Senate Print 3819, an





                                                          4318



                 act to amend the Judiciary Law and the Family

                 Court Act, in relation to compensation.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect in 90 days.

                            SENATOR DOLLINGER:    Mr.

                 President, just to explain my vote.  I'll let

                 the roll call go forward.

                            ACTING PRESIDENT MEIER:    Let me

                 start the roll call and then we'll recognize

                 you.

                            Call the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Mr.

                 President, just very briefly.

                            I'm going to vote in favor of this

                 bill.  It's the right thing to do to allow

                 private payments for the law guardians.

                            I'd simply like to drive home the

                 message that while we're increasing the fees

                 for law guardians, we continue to leave, under

                 18B, the people who are really doing the





                                                          4319



                 yeoman's work in Family Court terribly

                 undercompensated.

                            This allows us to use the private

                 system to jack up the rates for law guardians.

                 That's a good idea.  Why don't we use the

                 public money to jack up the rates for those

                 who are providing the counsel to the indigent

                 who need representation in our Family Court.

                            It's really a travesty, Mr.

                 President.  And I know we've discussed it

                 before, but I take this opportunity to remind

                 everybody, while raising some rates, we ought

                 to raise them all.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger will be recorded in the affirmative.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1109, by Senator Rath, Senate Print 722C, an

                 act to amend the General Business Law, in

                 relation to the regulation.

                            SENATOR DUANE:    Explanation,





                                                          4320



                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 Rath, an explanation has been requested of

                 Calendar 1109 by Senator Duane.

                            SENATOR RATH:    Thank you, Mr.

                 President.

                            The bill in front of you, commonly

                 known as the spam bill, for reasons I will

                 explain if anyone wants me to go into that, is

                 a bill that would regulate the transmission of

                 unsolicited commercial e-mail.  That's what

                 spam basically is, unsolicited commercial

                 e-mail.

                            It's important in helping to

                 protect the Internet, which is of course one

                 of the driving forces in the revival of the

                 economy today.  And the unwanted spamming has

                 a lot of overtones, and we have some penalties

                 put in that will not hurt the people who are

                 advertising directly on the Internet.

                            It won't prohibit them from going

                 forward doing what they're doing now.  But

                 what it will do will be to protect your e-mail

                 box from all that stuff that you don't want

                 that shows up in it.  In fact, some of what's





                                                          4321



                 happening because of spamming, people are

                 attempting to avoid additional activities in

                 their e-mail accounts so that they don't get

                 spammed by some of the porno sites and some of

                 the other sites that can move towards putting

                 things into their e-mail that they don't want.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  Would the sponsor yield -

                            ACTING PRESIDENT MEIER:    Senator

                 Rath, do you yield for a question?

                            SENATOR RATH:    Surely.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    I'm wondering

                 what the sponsor feels the impact of this bill

                 will be on interstate commerce and whether she

                 believes this would interfere with interstate

                 commerce.

                            SENATOR RATH:    Only for people

                 who are acting at what we consider to be

                 illegal, people who are using other people's

                 domain names.

                            And it's a beginning of some





                                                          4322



                 restrictions and getting our arms around an

                 area that right now has no restrictions.  And

                 it's acting as a deterrent for some people

                 wanting to move forward with their activity on

                 the Internet because of this unsolicited

                 commercial -- it's like junk mail in your

                 mailbox.  If you don't want it, you don't want

                 it.

                            And this will also protect people

                 from incorrectly identifying themselves when

                 they spam into your e-mail, which they can do

                 now with no penalty.

                            SENATOR DUANE:    Through you, Mr.

                 President, if the sponsor would continue to

                 yield.

                            SENATOR RATH:    Surely.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    This raises a

                 very good point.  Isn't this exactly like

                 mail, ordinary junk mail, in that the same

                 kinds of things could be said about junk mail

                 that goes through, that people use names that

                 are suspiciously close to well-known names to

                 send out mail, et cetera?





                                                          4323



                            SENATOR RATH:    That's very true.

                 And people that are falsifying or forging

                 e-mail, this is one of the things that we're

                 going to be trying to protect against.

                            SENATOR DUANE:    Through you, Mr.

                 President, if the sponsor would continue to

                 yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Rath, do you continue to yield?

                            SENATOR RATH:    Yes.

                            SENATOR DUANE:    Then why don't we

                 have the same legislation for junk mail?

                            SENATOR RATH:    Pardon me?  I'm

                 sorry, I was distracted.

                            SENATOR DUANE:    If I may repeat,

                 Mr. President.

                            SENATOR RATH:    I'm sorry.

                            SENATOR DUANE:    Then why isn't

                 there the same legislation pending before us

                 for junk mail?

                            SENATOR RATH:    The junk mail

                 piece I think was identified and reviewed last

                 year.  Now, whether we did it formally or

                 informally, I can't recall.  But you can get

                 rid of all that junk mail, of course, in your





                                                          4324



                 mailbox.  That's fairly easy to do.  And I

                 could talk with you privately about how to do

                 that.

                            That's -- this is addressing, you

                 know, Internet.

                            SENATOR DUANE:    Through you, Mr.

                 President, if the sponsor would continue to

                 yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Rath, do you continue to yield?

                            SENATOR RATH:    Surely.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    I actually know

                 how to stop getting junk mail.  But my point

                 is you have channels by which you can do that.

                            I also believe that you can do this

                 by using various pieces of technology to block

                 this type of e-mail, from receiving this type

                 of e-mail.

                            And again, if this is akin to junk

                 mail, that's actually more of a federal

                 Interstate Commerce Commission issue than it

                 is a New York State issue; isn't that correct?

                            SENATOR RATH:    I'm sorry, you had





                                                          4325



                 finished your question.  Okay.

                            The fed hasn't done anything yet.

                 And so this is not unlike a number of other

                 circumstances where the states -- as I guess

                 we're calling it, the laboratories of

                 democracy -- have to move forward with

                 something that the fed has not taken under

                 their wing yet.

                            SENATOR DUANE:    Through you, Mr.

                 President, if the sponsor would continue to

                 yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Rath, do you continue to yield?

                            The sponsor yields.

                            SENATOR DUANE:    But if this kind

                 of e-mail was sent from another state into New

                 York State, would we have jurisdiction over

                 that?

                            SENATOR RATH:    I'm advised that

                 that may be a point that might have to be

                 taken up in the courts.

                            But first of all, these people are

                 into illegal activity as they're moving

                 forward, and they've injected themselves into

                 New York State activity and New York State





                                                          4326



                 commerce.  So when they're doing such

                 illegally, yeah, we may get into some kind of

                 an interstate commerce issue.

                            But in the meantime, if we were to

                 stand aside and not do anything, with the

                 possibility -- I mean not only on this front,

                 but on a number of fronts, because of the

                 possibility of something coming up with

                 interstate commerce, I think many pieces that

                 we have done over the years would not have

                 happened.

                            SENATOR DUANE:    Mr. President, on

                 the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane, on the bill.

                            SENATOR DUANE:    I think that

                 we're stepping into areas where as a state we

                 ought not to be.

                            I think the federal government

                 takes a pretty tough stance on states with -

                 interfering with interstate commerce.  I'm not

                 aware -- and I may be wrong, but I'm not aware

                 of other states which have done this type of

                 legislation, because I think it calls into

                 question a whole host of issues ranging from





                                                          4327



                 how it is that someone would be able to e-mail

                 a mass advertisement out, no matter where it

                 would be going, as well as mistakes made about

                 names that are used and that sort of thing.

                            I do agree that there is some

                 malicious misuse of names.  There certainly is

                 in the kind of mail that I get -- you know,

                 telephone directories which make believe

                 they're the Yellow Pages, but they're not, and

                 they just seek to get money.  I think that

                 kind of thing does happen with e-mail, as it

                 does with the U.S. mail.

                            But again, I think that these are

                 issues having to do with interstate commerce

                 and the federal government and that we're

                 taking a step which we really should not be

                 taking on this particular matter,

                 well-intentioned though it is.

                            I also think that in the meantime

                 there is technology available to block spam on

                 people's business and personal computers.  And

                 until this is really dealt with on a federal

                 level, I think we should not be inserting

                 ourselves into it.

                            I'll be voting no on this, Mr.





                                                          4328



                 President.

                            SENATOR RATH:    Point of

                 refutation, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Rath.

                            SENATOR RATH:    The states of

                 Washington and California have civil statutes

                 that they've passed.  And of course this is a

                 civil remedy that we're looking at here today.

                            And the states of Virginia and

                 North Carolina have criminal, penal-law

                 statutes that they've passed.

                            So we're not alone in this.  I

                 mean, it's being looked at in a number of

                 places.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 January.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator





                                                          4329



                 Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.

                            As I indicated, I'm going to be

                 voting no.  But I do believe that even though

                 this legislation may have passed in other

                 states, both in a civil and criminal code,

                 that this is untested territory in the courts.

                 And I'm skeptical that this type of

                 legislation will hold up.  Because, as I say,

                 it is an interstate commerce issue.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane will be recorded in the negative.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Ayes, 57.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, will you please call up Calendar

                 Number 868.

                            ACTING PRESIDENT MEIER:    The





                                                          4330



                 Secretary will read Calendar Number 868.

                            THE SECRETARY:    Calendar Number

                 868, by Senator Volker, Senate Print 2273, an

                 act to amend the Executive Law, in relation to

                 civil actions.

                            SENATOR PATERSON:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, an explanation has been requested of

                 Calendar 868 by Senator Paterson.

                            SENATOR VOLKER:    Mr. President,

                 the Court of Claims Act says that the

                 jurisdiction to hear all claims against state

                 officers or employees for torts committed in

                 the course of their employment shall be in the

                 Court of Claims.

                            What's happened is that over the

                 years, despite the law, cases have been

                 brought in Supreme Court and very often with

                 duplicative filings against members of the

                 state police in both the Court of Claims and

                 the Supreme Court.

                            One of the reasons is that some

                 people feel as if they can get a more

                 favorable decision in the Supreme Court.  But

                 more than that, very often they don't comply





                                                          4331



                 with the filing rules in the Court of Claims,

                 and therefore use the Supreme Court rules to

                 make filings.  And what some lawyers do is to

                 file both in the Court of Claims and in

                 Supreme Court, so that you have duplicate

                 filings.

                            And what this bill does is to avoid

                 the duplicative filings in -

                            ACTING PRESIDENT MEIER:    Senator

                 Volker, can I interrupt you for a moment.

                            SENATOR VOLKER:    Sure.

                            ACTING PRESIDENT MEIER:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, there will be an immediate meeting

                 of the Rules Committee in the Majority

                 Conference Room.

                            ACTING PRESIDENT MEIER:    There

                 will be an immediate meeting of the Rules

                 Committee in the Majority Conference Room.

                            SENATOR VOLKER:    All right,

                 that's nice.  Now what do I do?

                            ACTING PRESIDENT MEIER:    Senator

                 Volker.

                            SENATOR VOLKER:    Yeah, that's me.





                                                          4332



                            At any rate, that basically is it,

                 just to avoid duplicative filings.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Mr. President,

                 let me do this very quickly, because Senator

                 Volker has to run.

                            SENATOR VOLKER:    Thank you.

                            SENATOR PATERSON:    If he would

                 just yield for this quick question.

                            SENATOR VOLKER:    Sure.

                            SENATOR PATERSON:    Mr. President,

                 the question I have for Senator Volker is if a

                 person has a federal right of action, isn't

                 this somewhat precluded if we have it in the

                 Court of Claims where there's no jury trial?

                            SENATOR VOLKER:    No.  If you have

                 a federal action, you can always bring a

                 federal claim.  There's nothing -- as I

                 understand it, there's nothing we can do under

                 the state rules to keep people from bringing a

                 federal action.

                            In fact, I think -- I believe, from

                 what I understand, you could bring an

                 action -- actually, right now you could





                                                          4333



                 probably bring an action in Supreme Court,

                 Court of Claims, and in federal court at the

                 same time, technically.  Although the federal

                 court would probably hold off any decision or

                 any case until the state court cases were

                 terminated or were finished.

                            SENATOR PATERSON:    Thanks.

                            SENATOR VOLKER:    You're welcome.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Mr. President,

                 I think the Trial Lawyers Association

                 appropriately points out that regardless of

                 the federal action, we're still going to be

                 really inhibiting the jury trials guaranteed

                 to all of us constitutionally if we ship this

                 to the Court of Claims where we don't have a

                 jury trial.





                                                          4334



                            So I would urge a no vote on this

                 bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson will be recorded in the negative.

                            The Secretary will announce the

                 results -- I'm sorry, those voting in the

                 negative keep your hands up for a moment.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 868 are

                 Senators Breslin, Connor, Coppola,

                 DeFrancisco, Gentile, Hevesi, Onorato, M.

                 Smith, and Stavisky.  Ayes, 47.  Nays, 9.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    I would

                 request unanimous consent to vote in the

                 negative on Calendar 623, please.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator DeFrancisco will be

                 recorded in the negative on Calendar 623.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1111, by Senator Nozzolio, Senate Print 1586B,





                                                          4335



                 an act to amend the Executive Law and the

                 General Business Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect January 1, 2001.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1135, by Senator Hannon, Senate Print 6986, an

                 act to amend the Public Health Law, in

                 relation to licensure and testing of

                 applicants.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.





                                                          4336



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1226, by Senator LaValle, Senate Print 4910,

                 an act to amend the Criminal Procedure Law, in

                 relation to designating.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1265, by Senator Hannon, Senate Print 7250, an

                 act to amend the Tax Law, in relation to

                 extending.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the





                                                          4337



                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    I'm

                 sorry.  Senator Paterson.

                            SENATOR PATERSON:    May I have an

                 explanation on that bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Hannon, an explanation has been requested of

                 Calendar 1265 by Senator Paterson.

                            SENATOR HANNON:    This bill, which

                 is being acted upon at the home rule request

                 of the county legislature in Nassau County,

                 would be the second continuation of a fee for

                 tourism promotion on Long Island.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            Senator Paterson, why do you rise?

                            SENATOR PATERSON:    I wanted him

                 to take my picture, Mr. President.

                            (Laughter.)

                            ACTING PRESIDENT MEIER:    Oh.  And

                 I'm sure it will be a very nice one, too.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.





                                                          4338



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1268, by Senator Goodman, Senate Print 7515,

                 an act to amend the Penal Law, in relation to

                 concurrent and consecutive terms of

                 imprisonment.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1271, by Senator Rath, Senate Print 7680A, an

                 act to amend the Public Authorities Law and

                 Chapter 579 of the Laws of 1999.





                                                          4339



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1275, by Senator LaValle, Senate Print 7844,

                 an act to amend the Executive Law, in relation

                 to continuing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR HEVESI:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle, an explanation has been requested by

                 Senator Hevesi of Calendar 1275.

                            SENATOR LAVALLE:    Senator Hevesi,

                 a number of years ago we passed and put into

                 law legislation that would give to the -- for

                 the real estate brokers to allow the licensing





                                                          4340



                 agent to approve courses on the Internet or

                 distance learning.

                            This legislation is specifically

                 for appraisers and would give the Department

                 of State, which is the licensing agency, the

                 ability to approve continuing education

                 courses for licensed appraisers, that they -

                 on Internet courses or distance learning

                 courses.

                            That's the bill.

                            SENATOR HEVESI:    Thank you.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  With unanimous consent, I'd like

                 to be recorded in the negative on Calendar





                                                          4341



                 Number 868 and Calendar Number 1278, please.

                 I was out of the chamber.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Duane will be recorded in

                 the negative with regard to Calendars 868 and

                 1278.

                            Senator Fuschillo, that concludes

                 the controversial calendar.

                            Senator Dollinger.

                            SENATOR DOLLINGER:    Mr.

                 President, with the concurrence of the

                 Majority, I'd just like to ask for unanimous

                 consent to be recorded in the negative on

                 Calendar 868 and Calendar Number 1265, the

                 promotional fee or the tax masquerading as a

                 promotional fee.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Dollinger will be recorded

                 in the negative with regard to Calendars 868

                 and 1265.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Mr.

                 President, I would also request unanimous

                 consent to be recorded in the negative on





                                                          4342



                 Calendar 868.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Schneiderman will be

                 recorded in the negative on Calendar 868.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, may we please return to the reports

                 of standing committees.  I believe there's a

                 report of the Rules Committee at the desk.

                            ACTING PRESIDENT MEIER:    Reports

                 of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 1170A, by Senator

                 Meier, an act to amend the Education Law and

                 the Criminal Procedure Law;

                            1739, by Senator Breslin, an act to

                 amend the General Municipal Law;

                            2010, by Senator Padavan, an act to

                 amend the Penal Law;

                            3195B, by Senator LaValle, an act





                                                          4343



                 to amend the Education Law;

                            3393C, by Senator Lack, an act to

                 amend the Estates, Powers and Trusts Law;

                            4362B, by Senator Saland, an act to

                 amend the Surrogate's Court Procedure Act;

                            4594, by Senator Marchi, an act to

                 amend the Vehicle and Traffic Law;

                            4772A, by Senator Seward, an act in

                 relation to granting;

                            4999B, by Senator Balboni, an act

                 to amend the Insurance Law and the Public

                 Health Law;

                            6327, by Senator Wright, an act to

                 amend the Correction Law and the Executive

                 Law;

                            6383A, by Senator Alesi, an act to

                 amend the Penal Law;

                            6398, by Senator Skelos, an act to

                 amend the Criminal Procedure Law;

                            6466A, by Senator McGee, an act to

                 amend the State Finance Law and the Vehicle

                 and Traffic Law;

                            6480A, by Senator Seward, an act to

                 amend the Education Law;

                            6485, by Senator Maltese, an act to





                                                          4344



                 amend the Education Law;

                            6598, by Senator Skelos, an act to

                 amend the Retirement and Social Security Law;

                            6733A, by Senator Seward, an act to

                 amend the Insurance Law;

                            6742, by Senator Johnson, an act to

                 amend the Lien Law;

                            6827A, by Senator Skelos, an act to

                 amend the Education Law;

                            7010, by Senator Trunzo, an act to

                 amend the Highway Law;

                            7312, by Senator Maziarz, an act to

                 amend the Executive Law;

                            7388, by Senator Hannon, an act to

                 amend the Not-for-Profit Corporation Law;

                            7562A, by Senator Kuhl, an act to

                 amend the Alcoholic Beverage Control Law;

                            7647A, by Senator Stafford, an act

                 to amend the Racing, Pari-Mutuel Wagering and

                 Breeding Law;

                            7873, by Senator Oppenheimer, an

                 act in relation to legalizing;

                            7890, by Senator Padavan, an act to

                 authorize the Dormitory Authority;

                            7904, by Senator Larkin, an act to





                                                          4345



                 amend the Penal Law;

                            7916, by Senator Volker, an act to

                 amend the Executive Law;

                            7922, by Senator Lack, an act to

                 amend the Correction Law;

                            7925, by Senator Morahan, an act to

                 amend the Real Property Law;

                            7928, by Senator Rath, an act to

                 amend Chapter 812 of the Laws of 1942;

                            7932, by Senator Spano, an act to

                 amend Chapter 831 of the Laws of 1981;

                            7933, by Senator Spano, an act to

                 amend the Workers' Compensation Law;

                            7934, by Senator Spano, an act to

                 amend Chapter 491 of the Laws of 1993;

                            7940, by Senator Balboni, an act in

                 relation to authorizing;

                            7944, by Senator Velella, an act to

                 amend the Education Law;

                            1638B, by Senator Maltese, an act

                 to amend the Penal Law;

                            And 4691A, by Senator Goodman, an

                 act to amend the Penal Law and the Executive

                 Law.

                            All bills ordered direct to third





                                                          4346



                 reading.

                            ACTING PRESIDENT MEIER:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    I move to

                 accept the report of the Rules Committee.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the report of the

                 Rules Committee signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 report of the Rules Committee is accepted.

                            Senator Paterson.

                            SENATOR PATERSON:    Mr. President,

                 with unanimous consent I'd like to be recorded

                 in the negative in the record on Calendar

                 Number 868.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Paterson will be recorded

                 in the negative with regard to Calendar 868.

                            Senator Montgomery.

                            SENATOR MONTGOMERY:    Yes, Mr.

                 President.  Without objection, I would like





                                                          4347



                 unanimous consent to be recorded in the

                 negative on Calendars 354, 506, 863, and 868.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Montgomery will be recorded

                 in the negative with regard to Calendar

                 Numbers 354, 506, 863, and 868.

                            Senator Sampson.

                            SENATOR SAMPSON:    Mr. President,

                 I'd like unanimous consent to be recorded in

                 the negative on 868.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Sampson will be recorded in

                 the negative on Calendar 868.

                            Senator Lachman.

                            SENATOR LACHMAN:    Mr. President,

                 I also seek unanimous consent to be recorded

                 in the negative on 868.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Lachman will be recorded in

                 the negative with regard to Calendar 868.

                            Senator Seabrook.

                            SENATOR SEABROOK:    Yes, Mr.

                 President.  With unanimous consent, I'd like

                 to be recorded in the negative on 354 and

                 Calendar 868.





                                                          4348



                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Seabrook will be recorded

                 in the negative on Calendar 354 and 868.

                            Senator Ada Smith.

                            SENATOR ADA SMITH:    Thank you,

                 Mr. President.  I request unanimous consent to

                 be recorded in the negative on Calendar Number

                 868.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Ada Smith will be recorded

                 in the negative on calendar 868.

                            SENATOR VOLKER:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker.

                            SENATOR VOLKER:    I want unanimous

                 consent to be recorded in the affirmative on

                 868.

                            (Laughter.)

                            ACTING PRESIDENT MEIER:    Without

                 objection.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, can we please return to motions and

                 resolutions.

                            ACTING PRESIDENT MEIER:    Motions





                                                          4349



                 and resolutions.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    On behalf of

                 Senator Marchi, on page number 35 I offer the

                 following amendments to Calendar Number 992,

                 Senate Print Number 6981, and ask that said

                 bill retain its place on the Third Reading

                 Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received, and the bill will

                 retain its place on the Third Reading

                 Calendar.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, I offer the following amendments to

                 Calendar Number 1296, Senate Print Number

                 6742, and ask that said bill retain its place

                 on Third Reading Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received, and the bill will

                 retain its place on the Third Reading

                 Calendar.

                            SENATOR FUSCHILLO:    Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator





                                                          4350



                 Fuschillo.

                            SENATOR FUSCHILLO:    Will you

                 please recognize the gentleman to my left,

                 Senator Paterson.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Mr. President,

                 there will be a conference of the Minority at

                 9:30 -

                            (Commotion in chamber.)

                            SENATOR PATERSON:    There will be

                 a very interesting conference of the Minority

                 tomorrow morning, June the 7th, 9:30 a.m., in

                 the Minority Leader's Conference Room.

                            ACTING PRESIDENT MEIER:    There

                 will be a conference of the Minority, and

                 wailing and gnashing of teeth, tomorrow

                 morning at 9:30 in the Minority Conference

                 Room.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, there will be a meeting of the

                 Majority conference in the Majority Conference

                 Room tomorrow at 9:30 a.m. promptly.

                            ACTING PRESIDENT MEIER:    There





                                                          4351



                 will be a meeting of the Majority conference

                 tomorrow morning at 9:30 a.m. in the Majority

                 Conference Room.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, there being no further business to

                 come before the Senate, I move we adjourn

                 until Wednesday, June 7th, at 10:00 a.m.

                            ACTING PRESIDENT MEIER:    On

                 motion, the Senate stands adjourned until

                 Wednesday, June 7th, at 10:00 a.m.

                            (Whereupon, at 4:53 p.m., the

                 Senate adjourned.)