Regular Session - June 14, 2000

                                                              5265



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               June 14, 2000

                                11:14 a.m.





                              REGULAR SESSION







                 SENATOR PATRICIA K. McGEE, Acting President

                 STEVEN M. BOGGESS, Secretary

















                                                          5266



                           P R O C E E D I N G S

                            ACTING PRESIDENT McGEE:    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.)

                            ACTING PRESIDENT McGEE:    In the

                 absence of clergy, may we bow our heads in a

                 moment of silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            ACTING PRESIDENT McGEE:    Reading

                 of the Journal.

                            THE SECRETARY:    In Senate,

                 Tuesday, June 13th, the Senate met pursuant to

                 adjournment.  The Journal of Monday,

                 June 12th, was read and approved.  On motion,

                 Senate adjourned.

                            ACTING PRESIDENT McGEE:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.





                                                          5267



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Kuhl.

                            SENATOR KUHL:    Yes, Madam

                 President.  On page 21 I offer the following

                 amendments to Calendar Number 838, Senate

                 Print 7081, and ask that said bill retain its

                 place on the Third Reading Calendar.  And

                 that's at the request of Senator Nozzolio.

                            ACTING PRESIDENT McGEE:    The

                 amendments are received, and the bill will

                 retain its place on the Third Reading

                 Calendar.

                            SENATOR KUHL:    Also, Madam

                 President, I wish to call up, on behalf of

                 Senator Spano, his bill, Senate Print 7902,

                 recalled from the Assembly, which is now at

                 the desk.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number





                                                          5268



                 1336, by Senator Spano, Senate Print 7902, an

                 act to amend the General Business Law.

                            SENATOR KUHL:    Madam President, I

                 now move to reconsider the vote by which this

                 bill was passed, and ask that said bill be

                 restored to the order of Third Reading

                 Calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will call the roll upon

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            SENATOR KUHL:    Madam President, I

                 now move to discharge, from the Committee on

                 Rules, Assembly Print 1511B and substitute it

                 for the identical bill by Senator Spano.

                            The Senate bill, on first pass, it

                 was voted unanimously.  I now move that the

                 substituted Assembly bill have its third

                 reading at this time.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1336, by Member of the Assembly Matusow,





                                                          5269



                 Assembly Print Number 1511B, an act to amend

                 the General Business Law, in relation to

                 providing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect January 1, 2001.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            SENATOR KUHL:    Thank you, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 are there any substitutions at the desk?

                            ACTING PRESIDENT McGEE:    Yes,

                 there are.

                            SENATOR SKELOS:    If we could make

                 them at this time.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    On page 37,





                                                          5270



                 Senator Spano moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 4471A

                 and substitute it for the identical Senate

                 Bill Number 4896A, Third Reading Calendar

                 1445.

                            On page 37, Senator Spano moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 1632C and substitute it

                 for the identical Senate Bill Number 5423B,

                 Third Reading Calendar 1447.

                            And on page 38, Senator Larkin

                 moves to discharge, from the Committee on

                 Rules, Assembly Bill Number 9574 and

                 substitute it for the identical Senate Bill

                 Number 6524, Third Reading Calendar 1452.

                            ACTING PRESIDENT McGEE:

                 Substitutions ordered.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could adopt the Resolution Calendar,

                 with the exception of Resolution 4820.

                            ACTING PRESIDENT McGEE:    All

                 those in favor of adopting the Resolution

                 Calendar, with the exception of Resolution

                 4820, signify by saying aye.





                                                          5271



                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 Resolution Calendar is adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    May we please

                 have the title read on Senator Breslin's

                 resolution, 4820, and move for its immediate

                 adoption.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator

                 Breslin, Legislative Resolution Number 4820,

                 celebrating the dedication of the newest

                 original Torah in the Capital District, to be

                 presented on June 25, 2000.

                            ACTING PRESIDENT McGEE:    The

                 question is on the resolution.  All in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)





                                                          5272



                            ACTING PRESIDENT McGEE:    The

                 resolution is adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 Senator Breslin has indicated that he will

                 open up that resolution.  If anybody wishes to

                 cosponsor it, they should notify the desk.

                            ACTING PRESIDENT McGEE:    The

                 resolution is open for cosponsorship.  Anyone

                 wishing to be put on the resolution as

                 cosponsor, you should do so -- if you do not

                 wish to be a cosponsor, please notify the

                 desk.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 at this time may we please have the

                 noncontroversial reading of the calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 108, by Senator Farley, Senate Print 3554A, an

                 act to amend the Banking Law, in relation to

                 the voluntary and involuntary liquidation.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.





                                                          5273



                            THE SECRETARY:    Section 18.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 213, by Member of the Assembly Schimminger,

                 Assembly Print Number 323A, an act to amend

                 the Local Finance Law, in relation to the sale

                 of bonds and notes.

                            ACTING PRESIDENT McGEE:    There is

                 a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number





                                                          5274



                 394, by Senator Spano, Senate Print 3117A, an

                 act to amend the Administrative Code of the

                 City of New York, in relation to accepting

                 certain campus peace officers.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 614, by Senator Kuhl, Senate Print 5963, an

                 act to amend the Education Law, in relation to

                 providing pupils.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 38.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number





                                                          5275



                 677, by Member of the Assembly Boyle, Assembly

                 Print Number 9891A, an act authorizing the

                 assessor of the Town of Islip to accept an

                 application.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 751, by Senator Seward, Senate Print 7306, an

                 act to amend the Insurance Law, in relation to

                 risk-based capital requirements.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect January 1, 2001.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)





                                                          5276



                            THE SECRETARY:    Ayes, 40.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 763, by Senator Fuschillo, Senate Print 7709,

                 an act to amend the Social Services Law, in

                 relation to daycare center safety.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 42.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 872, by Member of the Assembly Destito,

                 Assembly Print Number 5463A, an act to amend

                 the New York State Urban Development

                 Corporation Act, in relation to the regional

                 revolving loan trust fund.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.





                                                          5277



                            THE SECRETARY:    Section 3.  This

                 act shall take effect 180 days.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1060, by Senator DeFrancisco, Senate Print

                 5880A, an act to amend the Tax Law, in

                 relation to providing for business tax

                 credits.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1118, by Senator Fuschillo, Senate Print





                                                          5278



                 7361A, an act to amend the General Business

                 Law and the Vehicle and Traffic Law, in

                 relation to providing notice.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first day of

                 October.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1141, by Senator LaValle, Senate Print 7769A,

                 an act to amend the Public Health Law, in

                 relation to authorizing HIV testing.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1270, by Senator Stafford, Senate Print 7645,

                 an act to amend the Education Law, in relation

                 to the power of a school district.





                                                          5279



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1294, by Member of the Assembly Weisenberg,

                 Assembly Print Number 9603, an act to amend

                 the Retirement and Social Security Law, in

                 relation to authorizing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect January 1, 2001.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.





                                                          5280



                            THE SECRETARY:    Calendar Number

                 1330, by Senator Leibell, Senate Print 7548A,

                 an act to amend the Town Law and the Real

                 Property Tax Law, in relation to water and

                 sewer district tax payments.

                            ACTING PRESIDENT McGEE:    There is

                 a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1383, by Senator Saland, Senate Print 6174B,

                 an act to amend the Parks, Recreation and

                 Historic Preservation Law, in relation to

                 establishing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.





                                                          5281



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1401, by Senator Wright, Senate Print 7897A,

                 an act to amend the -

                            SENATOR COPPOLA:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1427, by Senator Farley, Senate Print 8061A,

                 an act to amend the Banking Law, in relation

                 to revising the qualifications.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            ACTING PRESIDENT McGEE:    The bill





                                                          5282



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1439, by Senator Spano, Senate Print 8111, an

                 act to amend the Labor Law, in relation to

                 requiring proof of payment.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 50.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1440, by the Senate Committee on Rules, Senate

                 Print Number 8115, an act to establish

                 equalization rates.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.





                                                          5283



                            THE SECRETARY:    Calendar Number

                 1445, substituted earlier today by Member of

                 the Assembly Hochberg, Assembly Print Number

                 4471A, an act to amend the Public Health Law

                 and the Tax Law, in relation to increasing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect September 1.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Duane.

                            SENATOR DUANE:    To explain my

                 vote, Madam President.

                            This is a very good bill, and I'm

                 voting in favor of it.

                            I also want to add that I have a

                 bill pending which would mandate that any

                 establishment that sells lottery tickets would

                 have to become accessible to persons with

                 disabilities as a part of their getting

                 renewal for their lottery -- permission to

                 have the lottery on premises.  And I would





                                                          5284



                 encourage my colleagues to join me in trying

                 to get that piece of legislation passed.

                            Thank you, Madam President.  I'll

                 be voting yes.

                            ACTING PRESIDENT McGEE:    Senator

                 Duane in the affirmative.

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1446, by Senator Balboni, Senate Print 5370B,

                 an act to authorize the Village of Lake

                 Success, County of Nassau.

                            ACTING PRESIDENT McGEE:    There is

                 a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number





                                                          5285



                 1447, substituted earlier today by Member of

                 the Assembly Jacobs, Assembly Print Number

                 1632C, an act to amend the Military Law, in

                 relation to affording police officers.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1448, by Senator Spano, Senate Print 5714A, an

                 act to amend the Retirement and Social

                 Security Law, in relation to the application.

                            ACTING PRESIDENT McGEE:    There is

                 a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.





                                                          5286



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1449, by Senator Skelos -

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1450, by Senator Saland, Senate Print 6258A,

                 an act to authorize the County of Dutchess to

                 convey an easement.

                            ACTING PRESIDENT McGEE:    There is

                 a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.





                                                          5287



                            THE SECRETARY:    Calendar Number

                 1452, substituted earlier today by Member of

                 the Assembly Vitaliano, Assembly Print Number

                 9574, an act to amend the Retirement and

                 Social Security Law, in relation to

                 contribution deficiencies.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1453, by Senator Hannon, Senate Print 6987A,

                 an act to amend the Public Health Law, in

                 relation to children's camps.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the





                                                          5288



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1454, by Senator Alesi, Senate Print 7240, an

                 act to amend the General Business Law and the

                 Civil Practice Law and Rules, in relation -

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1455, by Senator Hoffmann, Senate Print 7824A,

                 an act to amend the Public Officers Law, in

                 relation to the defense and indemnification.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 52.  Nays,

                 1.  Senator Duane recorded in the negative.





                                                          5289



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1456, by Senator Kuhl, Senate Print 7954A, an

                 act in relation to the use of funds toward the

                 construction of athletic fields.

                            ACTING PRESIDENT McGEE:    There is

                 a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1457, by Senator Leibell, Senate Print 7977,

                 an act to amend the Retirement and Social

                 Security Law, in relation to the employment.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.





                                                          5290



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1460, by Senator Volker, Senate Print 8085, an

                 act to amend the Executive Law, in relation to

                 the Commission on Forensic Science.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1462, by Senator Bonacic, Senate Print 8087,

                 an act to amend the Environmental Conservation

                 Law, in relation to municipal recyclables.





                                                          5291



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Duane, to explain his vote.

                            SENATOR DUANE:    Actually, Madam

                 President, I was wondering if -- I was having

                 a little bit of chair trouble -- if 1460 has

                 not left the house.  Did it just go out?  I

                 was hoping that we could withdraw the roll

                 call so I could ask for an explanation.

                            ACTING PRESIDENT McGEE:    The bill

                 is gone, Senator.  The bill is out of the

                 house.

                            SENATOR DUANE:    Through you,

                 Madam President, I was momentarily distracted

                 because my seat was falling apart and the

                 maintenance man walked in just as that bill

                 was coming up.

                            Is there any way that we could

                 recall it?





                                                          5292



                            ACTING PRESIDENT McGEE:    I'm

                 sorry, Senator, it's out of the house.

                            SENATOR SKELOS:    Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos.

                            SENATOR SKELOS:    Is 1460 still in

                 the house?

                            ACTING PRESIDENT McGEE:    It's

                 gone.

                            SENATOR SKELOS:    It's gone.

                            Could we please proceed.

                            ACTING PRESIDENT McGEE:    Announce

                 the results on 1462.

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1463, by Senator Hannon, Senate Print 8089, an

                 act to amend the Public Health Law, in

                 relation to the establishment.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the





                                                          5293



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 53.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1464, by Senator Farley, Senate Print 8091, an

                 act to enact the Privacy of Financial

                 Information Act of 2000.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1465, by the Senate Committee on Rules, Senate

                 Print 8094, an act to amend the Tax Law, in

                 relation to the residential fuel oil shortage.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 55.

                            ACTING PRESIDENT McGEE:    The bill





                                                          5294



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1466, by Senator Maziarz, Senate Print 8116,

                 an act to amend the General Business Law and

                 others, in relation to enacting the

                 Telemarketing and Consumer Fraud and Abuse

                 Prevention Act.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect June 1, 2001.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Maziarz.

                            SENATOR MAZIARZ:    Thank you,

                 Madam President.  To explain my vote.

                            Madam President, this is an

                 agreed-upon bill with the Assembly.  It enacts

                 the Telemarketing Fraud and Abuse Prevention

                 Act.  This bill has been a long time in

                 coming, Madam President.  It really, I think,

                 makes New York State's anti-telemarketing

                 fraud act one of the best, really, in the





                                                          5295



                 nation.

                            It's a bill that had a great deal

                 of support.  Particularly I have to mention

                 the American Association of Retired Persons,

                 Statewide Senior Action Network, and many

                 other senior citizen lobbying groups across

                 the New York State.

                            It requires telemarketers to be

                 bonded and registered with the Department of

                 State.  It prohibits telemarketers from

                 accessing a customer's checking account

                 numbers, savings account numbers, without the

                 customer's express written -- written -

                 authorization.  It prevents courier pickups.

                            And for anyone who is convicted

                 under this statute, it provides for some very

                 stiff penalties.

                            I certainly want to mention my

                 counterpart, the chair of the Assembly Aging

                 Committee, Assemblywoman Barbara Clark.  Both

                 of our committees have spent a great deal of

                 time and effort working with the AARP and

                 other advocacy groups on this legislation.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    How do





                                                          5296



                 you vote, Senator Maziarz?

                            SENATOR MAZIARZ:    In the

                 affirmative.

                            ACTING PRESIDENT McGEE:    Senator

                 Maziarz in the affirmative.

                            Announce the results.

                            THE SECRETARY:    Ayes, 55.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1467, by Senator Bonacic, Senate Print 8117,

                 an act authorizing certain housing authorities

                 to sell or lease.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1468, by Senator Fuschillo, Senate Print 8132,





                                                          5297



                 an act to amend the Executive Law and others,

                 in relation to establishing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect April 1, 2001.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1469, by Senator Spano, Senate Print 8141, an

                 act to amend Chapter 640 of the Laws of 1997

                 amending the Public Health Law.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 56.

                            ACTING PRESIDENT McGEE:    The bill





                                                          5298



                 is passed.

                            Senator Skelos, this completes the

                 reading of the noncontroversial calendar.

                            SENATOR SKELOS:    Madam President,

                 there will be an immediate meeting of the

                 Crime Victims, Crime and Corrections Committee

                 in the Majority Conference Room.

                            ACTING PRESIDENT McGEE:    There

                 will be an immediate meeting of the Crime

                 Victims, Crime and Corrections Committee in

                 the Majority Conference Room.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could go to the controversial calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 394, by Senator Spano, Senate Print 3117A, an

                 act to amend the Administrative Code of the

                 City of New York, in relation to accepting

                 certain campus peace officers.

                            ACTING PRESIDENT McGEE:    Shhh.

                            Senator Spano, an explanation has

                 been requested.

                            SENATOR SPANO:    Madam President,





                                                          5299



                 this bill is one that provides that campus

                 peace officers who are presently employed by

                 the City University of New York would be

                 subject to the same residency requirements as

                 all other employees of the City University.

                 They are the only CUNY employees right now who

                 are required to live in the five boroughs.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Madam

                 President, if Senator Spano would yield for a

                 question.

                            ACTING PRESIDENT McGEE:    Senator

                 Spano, will you continue to yield?

                            SENATOR SPANO:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR PATERSON:    Since the

                 scope of the duty of the CUNY peace officers

                 does well within the ambit of law enforcement

                 apply, my question is that at a time when

                 there's so much discussion about law

                 enforcement officials living in the same

                 communities that they serve, don't you think

                 that in that respect that divorces the notion





                                                          5300



                 of campus security or campus peace officers at

                 CUNY being considered along with the other

                 employees as the same?

                            SENATOR SPANO:    Senator, when

                 they were originally employed, originally

                 hired, they were not required to be residents

                 of the five boroughs.  So what we're doing

                 here is grandfathering in these specific

                 employees.

                            All new hires would be subject to

                 the rules.  What we're saying is that you

                 can't change the rules after the game has

                 started.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    I certainly

                 understand that, Madam President.  And I don't

                 think people should be victimized by having

                 their circumstances changed.  And I think

                 Senator Spano's bill, in that light, has a

                 great deal of merit.

                            Senator Spano, why did the

                 regulations change for those employees?

                            ACTING PRESIDENT McGEE:    Senator

                 Spano, will you continue to yield?





                                                          5301



                            SENATOR SPANO:    Yes, I will.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR SPANO:    Frankly, the

                 honest answer is I'm not sure why the City

                 University changed the policy.

                            And I can't argue with the policy.

                 All we're saying is that it should be made

                 prospectively, and that if a person is hired

                 and then if all of a sudden after the fact

                 they want to change the conditions of

                 employment and say that that person now has to

                 live within the boroughs, we should, just as a

                 matter of fairness, grandfather those

                 employees who are there now.

                            We're not trying to change their

                 policy.  It's up to the City University to

                 establish policies as they see fit with regard

                 to employment.  We're just saying that they

                 should be consistent.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Madam

                 President, if Senator Spano would continue to

                 yield.





                                                          5302



                            ACTING PRESIDENT McGEE:    Senator

                 Spano, will you continue to yield?

                            SENATOR SPANO:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR PATERSON:    Madam

                 President, I'm not asking Senator Spano a

                 question as much as I'm trying to get him to

                 reflect on my understanding of this issue.

                            So in other words, what you're

                 saying is for employees that come to CUNY now,

                 if they would like to change the rules, it's

                 fine with you if the rules are changed.  You

                 do not want these rules to apply to

                 individuals who were hired prior to the rules

                 change.

                            SENATOR SPANO:    That's correct.

                            SENATOR PATERSON:    Thank you,

                 Madam President.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            Oh, I'm sorry.  Senator Lachman.

                            SENATOR LACHMAN:    Yes.  Will the

                 Senator yield for a question?

                            ACTING PRESIDENT McGEE:    Senator





                                                          5303



                 Spano, will you yield for a question from

                 Senator Lachman?

                            SENATOR SPANO:    Yes, Madam

                 President.

                            SENATOR LACHMAN:    Senator Spano,

                 you state that initially all of these

                 employees of the City University of New York,

                 including the campus peace officers, were

                 permitted to live out of the five boroughs of

                 New York City.

                            SENATOR SPANO:    That's correct.

                            SENATOR LACHMAN:    All right.  Do

                 you know when and why there was a change that

                 prevented the peace officers from leaving the

                 City of New York?

                            SENATOR SPANO:    I don't have

                 the -

                            SENATOR LACHMAN:    Why was that

                 instituted?

                            SENATOR SPANO:    I don't have the

                 exact date in front of me, Senator.  But it

                 was a change that was authorized by the City

                 University at some point over the last couple

                 of years.  But I don't have the exact date.

                            I could try to get it for you, but





                                                          5304



                 I don't have that.

                            SENATOR LACHMAN:    Because I would

                 like to know if there was a rationale for it

                 at that time.

                            Madam Chair, on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Lachman, on the bill.

                            SENATOR LACHMAN:    Since the new

                 administration of the City University of New

                 York favors this, I will vote for it even

                 though I have certain reservations and would

                 like to know more about this in the future.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR HEVESI:    Madam President.

                            ACTING PRESIDENT McGEE:    I'm

                 sorry.  Senator Hevesi.

                            SENATOR HEVESI:    Madam President,

                 on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Hevesi, on the bill.

                            SENATOR HEVESI:    Thank you, Madam

                 President.

                            I would also like to have known





                                                          5305



                 when it was that City University took it upon

                 themselves to eliminate the residency

                 requirement for their employees.  I didn't

                 know that they could take that action

                 unilaterally.  And had I known it, I would

                 have opposed it, because I think it's wrong.

                            And Senator Paterson accurately

                 reflects the broader concern here with law

                 enforcement officers and those involved in

                 similar-type activities residing in the

                 communities in which they work and live.  And

                 I sponsored a residency requirement bill for

                 uniformed employees of the City of New York.

                            So I'm going to oppose this piece

                 of legislation.  You could make an argument

                 that it is fair to do this only prospectively,

                 which is what this legislation accomplishes.

                 But this seems to be somewhat of a mystery to

                 me how this happened in the first place.

                            And since I'm uncomfortable with

                 that and don't have the information as to how

                 this was enacted in the first place,

                 grandfathering in a question-marked number of

                 individuals, because we -- obviously, if we

                 don't know when this was enacted, we don't





                                                          5306



                 know how many individuals would now be

                 exempted, I can't in good conscience support

                 this legislation.

                            And, Senator Spano, I would

                 appreciate knowing subsequent to the presumed

                 passage of this bill exactly what happened

                 with CUNY.

                            And frankly, if CUNY has the

                 independent authority to change residency

                 requirements, I think that's something that we

                 need to address.  I don't think they should

                 have that independent authority to do it.

                 There are much broader questions here that are

                 addressed by their ability to take that

                 action.

                            So I vote no on this piece of

                 legislation and hope to further investigate

                 this, because I'm concerned about the issues

                 surrounding this piece of legislation.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.





                                                          5307



                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson, to explain his vote.

                            SENATOR PATERSON:    Madam

                 President, I feel like the tennis ball is

                 being hit back and forth across the court at

                 Wimbledon.

                            At first, Senator Spano did

                 convince me that we should not be providing

                 regulations and not allowing those employees

                 that already exist there to continue under the

                 terms of their original employment.

                            But I think that I am more

                 persuaded by the value of Senator Hevesi's

                 contribution, which is that all of the

                 information is too vague at this point, and

                 also the independent authority to make those

                 decisions really should vest in a much more

                 broader decision-making process which affects

                 all of the employees.

                            I vote no.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson, in the negative.

                            Announce the results.

                            THE SECRETARY:    Those recorded in





                                                          5308



                 negative on Calendar Number 394 are Senators

                 Coppola, Duane, Hevesi, Montgomery, Onorato,

                 Sampson, Seabrook, A. Smith, and Stavisky.

                 Ayes, 47.  Nays, 9.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Would you

                 recognize Senator Paterson, please.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Madam

                 President, I just voted no on the last bill,

                 but I did not hear it read into the record.

                            ACTING PRESIDENT McGEE:    Also

                 Senator Paterson will be recorded in the

                 negative.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Madam

                 President, could we lay aside temporarily

                 Calendar Number 1141 and at this point pick up

                 Calendar 1401.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read 1401.

                            THE SECRETARY:    Calendar Number





                                                          5309



                 1401, by Senator Wright, Senate Print 7897A,

                 an act to amend the Real Property Tax Law and

                 the Education Law, in relation to the taxable

                 status.

                            SENATOR COPPOLA:    Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, an explanation has been requested.

                            SENATOR WRIGHT:    Thank you, Madam

                 President.

                            The bill provides for amendments to

                 the Real Property Tax and Education Law,

                 relative to the taxable status of nuclear

                 plants, and provides local governments with

                 the local option of negotiating a payment in

                 lieu of tax agreement with the owners of the

                 nuclear facilities.

                            ACTING PRESIDENT McGEE:    Senator

                 Coppola.

                            SENATOR COPPOLA:    Madam

                 President, would the sponsor be available to

                 answer some questions, please.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, would you yield for some questions

                 from Senator Coppola?

                            SENATOR WRIGHT:    I will, Madam





                                                          5310



                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR COPPOLA:    Why is there a

                 need for this legislation?  The RG&E plant

                 already has a tax agreement in place.  And how

                 will this legislation alter the expectation of

                 those parties?  The same is also true for Con

                 Ed's Indian Point I and II plants, which have

                 a short-term agreement in place.

                            Now, why is there a need for this

                 legislation?

                            SENATOR WRIGHT:    Well, this bill

                 was advanced by the Office of Real Property

                 Tax Services, based on a bill we passed a year

                 ago, a law, signed into law by Governor

                 Pataki, requiring a study of the impacts of

                 the real property tax and the sale of

                 generating assets throughout the state.

                            That then resulted in a report to

                 the Legislature in December of '99.

                 Ultimately it resulted in a program bill being

                 introduced by ORPS that applied this concept

                 of a payment in lieu of tax to all generating

                 assets within the state, tied to an





                                                          5311



                 equalization freeze.

                            We then took and segregated

                 components of that bill, introduced them, and

                 in turn are pursuing these alternatives.

                            What it does is provide an

                 alternative for the local governments to

                 negotiate these agreements outside a

                 certiorari proceeding, so that they are not

                 incurring the expense and the litigation of

                 proceeding through a certiorari proceeding

                 over the assessed value.

                            The intent is to provide local

                 governments with a local option.  It can only

                 be exercised by local governments.  It enables

                 them to control their own destiny, if you

                 will, relative to phasing down the assessed

                 values and therefore the absence of revenue

                 streams to those jurisdictions.

                            ACTING PRESIDENT McGEE:    Senator

                 Coppola.

                            SENATOR COPPOLA:    I have another

                 question, please, for the sponsor.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, will you continue to yield?

                            SENATOR WRIGHT:    Yes, I will,





                                                          5312



                 Madam President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR COPPOLA:    With an issue

                 of this magnitude of importance, is there a

                 home rule message, then, that goes along with

                 this?

                            SENATOR WRIGHT:    No.  This is not

                 a county-specific bill, Senator.  This is

                 statewide legislation available to all

                 jurisdictions that would be host to a nuclear

                 facility.

                            So it's not intended to be local

                 legislation and therefore would not require a

                 home rule message.

                            SENATOR COPPOLA:    Well, right now

                 there's negotiations going on with Nine Mile

                 I, Nine Mile II.  As you know, there was a

                 stop to that agreement a couple of weeks ago.

                 They were going to sell the nuclear plants for

                 $150 million, and yet they were cost out at

                 $8 billion.  Now they're back to auctioning

                 off those two plants.

                            Are we making provisions for the

                 sale in the future of Nine Mile I and II right





                                                          5313



                 now with this bill?

                            SENATOR WRIGHT:    No.  Again,

                 Senator, I would point out we're not doing

                 anything other than extending an option to

                 local government.  If local government

                 exercises the option of negotiating with

                 either Niagara Mohawk or the future owners of

                 those facilities, that would be a local

                 government prerogative.  It would not be a

                 decision made by this body.

                            More importantly, I think if you

                 point out, as you do -- and we've discussed it

                 before -- the differences between sale prices

                 and book prices versus assessed value prices,

                 we will conclude, and it's very evident, that

                 most generating assets in this state are

                 overly assessed.

                            That, ultimately, is paid for by

                 the ratepayers.  If we're going to have

                 competitive electric rates in this state,

                 we're going to need to have competitive taxing

                 and assessing practices.  We do not.

                            This would facilitate that process,

                 because as those sales are concluded -- and

                 we'll use the example of the recent Power





                                                          5314



                 Authority sale of Fitzpatrick and Indian Point

                 III.  It's very evident that they have

                 achieved the largest price per date of any

                 nuclear asset sold in the nation.  Yet if you

                 look at that sale price, you'll find that it's

                 70 percent of book and would be significantly

                 under-assessed value for comparable

                 properties.

                            That would be all reflected in

                 rates.  So if we're going to make electricity

                 and generation competitive in this state, we

                 need to address the assessing practices.

                            SENATOR COPPOLA:    Madam Chairman,

                 can I ask the sponsor another question,

                 please.

                            SENATOR WRIGHT:    Certainly, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR COPPOLA:    How will the

                 sale of Nine Mile I and II, maybe 200 million

                 and yet they owe $3 billion, come into play,

                 then, with this bill?

                            SENATOR WRIGHT:    It would have no

                 bearing on this bill.





                                                          5315



                            SENATOR COPPOLA:    It would have

                 no bearing on this bill?

                            SENATOR WRIGHT:    No.  This bill

                 provides a procedure whereby local

                 governments, if they choose to exercise a

                 negotiation over real property values, would

                 be exercised by the local government.  The

                 sale of Nine Mile I and II has no bearing one

                 way or the other.

                            SENATOR COPPOLA:    Thank you,

                 Senator.

                            On the bill, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Coppola, on the bill.

                            SENATOR COPPOLA:    I respectfully

                 disagree with the Senator.

                            I feel that the sale of Nine Mile I

                 and II is going to have an tremendous impact

                 on that area.  I think the mismanagement of

                 that company is showing right now, and it's

                 being protected with this bill.

                            And if it was that important, we

                 should have had a home rule message from that

                 area, and requested one, because I think this

                 is where we're zeroing in.  We're throwing





                                                          5316



                 everything into the mix here, but I really

                 think the bottom line is to protect Niagara

                 Mohawk.

                            And I think this is going to come

                 back to haunt that whole area and possibly the

                 government of the State of New York for some

                 kind of assistance down the road, or the

                 federal government for some kind of assistance

                 down the road.

                            Because it's mind-boggling that you

                 build a plant for $8 billion, you owe

                 $3 billion at this point in time, and you're

                 going to sell it for $200 million,

                 approximately, because they weren't satisfied

                 with $150 million -- which is on record, it's

                 all public knowledge.

                            I just feel that we're making a

                 mistake, and I'm going to be voting against

                 this, Madam Chairman.  Thank you.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.





                                                          5317



                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, to explain his vote.

                            SENATOR WRIGHT:    Thank you, Madam

                 President.

                            I represent one of the areas that

                 will be impacted by this legislation.  That

                 area testified at a public hearing that we

                 held specifically requesting this type of

                 alternative be made available.  And that would

                 certainly be an action by that local

                 legislature if they chose to exercise this

                 option, if in fact it becomes available.

                            What we are attempting to do, as I

                 did when I was a local government official, as

                 I've heard on a regular basis, is not provide

                 local governments with a mandated solution

                 from Albany, but to provide them with a

                 process that is flexible, that they can have

                 the ability to negotiate and achieve their own

                 solutions.

                            In doing so, we've secured the

                 support of the New York State Association of

                 Assessors, the New York State School Boards

                 Association, the Business Council, the Farm





                                                          5318



                 Bureau, as well as local government units.

                            So it clearly is a local government

                 bill.  It is not intended to address Niagara

                 Mohawk, regardless of the Senator's

                 preoccupation with that issue.  That is not

                 what we're doing.  We're dealing with

                 statewide legislation.  And I would encourage

                 my colleagues to adopt it.

                            Thank you, Madam President.  I vote

                 aye.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright in the affirmative.

                            Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1401 are

                 Senators Coppola, Duane, and Hevesi.  Ayes,

                 57.  Nays, 3.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1440, by the Senate Committee on Rules, Senate

                 Print Number 8115, an act to establish special

                 equalization rates.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.





                                                          5319



                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            SENATOR PATERSON:    Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Wright, an explanation has been requested.

                            SENATOR WRIGHT:    Thank you, Madam

                 President.

                            This is the same bill that was

                 before the house a week ago and passed 59 to

                 nothing.

                            As some of you may be aware,

                 there's been a change in chairmanships in the

                 Assembly relative to the Real Property Tax

                 Committee.  As a result, there was a modest

                 amendment to this bill, and it has been

                 reintroduced for passage.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT McGEE:    The bill





                                                          5320



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1449, by Senator Skelos, Senate Print 6056B,

                 an act to amend the General Municipal Law, in

                 relation to a charge for the collection of

                 parking tickets.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside temporarily.

                            THE SECRETARY:    Calendar Number

                 1454, by Senator Alesi, Senate Print 7240, an

                 act to amend the General Business Law and the

                 Civil Practice Law and Rules, in relation to

                 the Uniform Trade Secrets Act.

                            SENATOR HEVESI:    Explanation,

                 please.

                            SENATOR PATERSON:    Explanation.

                            SENATOR MARCELLINO:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Marcellino.

                            SENATOR MARCELLINO:    Can we just

                 lay 1454 aside temporarily and at this time

                 pick up Calendar Number 1464.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.





                                                          5321



                            THE SECRETARY:    Calendar Number

                 1464, by Senator Farley, Senate Print 8091, an

                 act to enact the Privacy of Financial

                 Information Act of 2000.

                            SENATOR PATERSON:    Explanation,

                 please.

                            ACTING PRESIDENT McGEE:    Senator

                 Farley, an explanation has been requested.

                            SENATOR FARLEY:    Thank you, Madam

                 President.

                            This is a privacy bill, one that I

                 think it's very important for this house to

                 pass, and one that can become law.

                            Basically, this bill enacts in

                 state law certain protections and requirements

                 regarding the privacy of financial

                 information, very similar to the provisions in

                 the recently enacted Gramm-Leach-Bliley Act.

                 This bill supplements the federal law, though,

                 in that New Yorkers are afforded similar

                 protections through the state law.

                            You know, as a result, state

                 residents now will be able to address any

                 issues, problems or concerns through the state

                 regulators and state courts.





                                                          5322



                            As primary regulators of New York's

                 insurance companies and many of its banking

                 and other financial services companies, the

                 Insurance Department and the Banking

                 Department are provided with express statutory

                 authority to develop regulations, enforce

                 these provisions, and impose civil penalties

                 for any violations.  A state law will also

                 allow the state regulators to tailor the

                 privacy measures to respond or to address

                 specific needs and concerns within New York

                 State.

                            You know, the provisions of this

                 bill actually requires that financial

                 institutions annually provide customers with a

                 copy of their privacy policies and practices.

                 It ensures that consumers may opt out of

                 having any personal information disclosed to a

                 nonaffiliated third party.

                            I realize that there's concerns

                 about opt-in.  We may all feel that way, but

                 we want to make sure that this privacy

                 legislation can become law.

                            It prohibits the financial

                 institutions from disclosing an account or





                                                          5323



                 access number to a nonaffiliated third party

                 for use in telemarketing, direct mail, or

                 e-mail marketing.  It prohibits nonaffiliated

                 third parties from disclosing any information

                 that they receive from a financial

                 institution.  It also directs the Banking

                 Department and the Insurance Department to

                 establish appropriate standards relative to

                 administrative, technical, and physical

                 safeguards.

                            And it ensures the security and

                 confidentiality of customers' records and

                 information.  It also protects any anticipated

                 threats or hazards to the security or

                 integrity of such records, and it protects

                 against unauthorized access to or use of such

                 records and information.

                            Basically, in a nutshell, that's

                 about what it does.

                            ACTING PRESIDENT McGEE:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Thank you,

                 Madam President.

                            Senator Farley, I may have missed

                 this, but this is an opt-out bill.  Could you





                                                          5324



                 explain how the opt-out provisions work in

                 this bill, just briefly how they work?

                            ACTING PRESIDENT McGEE:    Senator

                 Farley, do you yield for a question?

                            SENATOR FARLEY:    Yes.

                            SENATOR DOLLINGER:    Thank you,

                 Madam President.

                            SENATOR FARLEY:    It gives the

                 choice to the consumer to opt out and say that

                 you don't want any of this information

                 disclosed.

                            SENATOR DOLLINGER:    Through you,

                 Madam President, there's an amendment at the

                 desk.  I'd ask that the reading of it be

                 waived and I be allowed to speak on the

                 amendment.

                            ACTING PRESIDENT McGEE:    There's

                 an amendment at the desk.  The reading will be

                 waived, and you may speak on the amendment.

                            SENATOR DOLLINGER:    Thank you,

                 Madam President.

                            ACTING PRESIDENT McGEE:    You're

                 welcome.

                            SENATOR DOLLINGER:    This is a

                 bill that does some interesting things.  But





                                                          5325



                 one thing that it does that it shouldn't do is

                 it tilts on its head the issue of when privacy

                 is best protected.

                            Privacy, individual privacy of

                 nonpublic information such as would be

                 available from these financial institutions is

                 information that is actually technically owned

                 by the financial institution, but the only

                 person for whom it is relevant is the

                 individual themselves.

                            And it seems to me that before -

                 if this information were in my possession and

                 I had not transferred it to a financial

                 institution, I certainly think that before it

                 becomes public someone should come to me and

                 ask me not the question of whether we're going

                 to release this information unless you do

                 something -- instead, they should come to me

                 and say, Rick, can we have your permission to

                 release this information?

                            And because it's information about

                 me that relates to me, no one should give that

                 information away without my express approval.

                            After all, if Senator Smith came to

                 me and said, Rick, I'd like to know your





                                                          5326



                 Social Security number or your financial

                 account information or information about your

                 mortgage, I could look Senator Smith in the

                 eye and say, Wait a second, that's none of

                 your business, I'm not going to tell you.

                 And, guess what, I'm not going to let you deal

                 with that information unless you get my

                 express written permission.

                            And it seems to me that the same

                 thing is true even if I transfer that

                 information to a financial institution.  That

                 institution should not be allowed to deal with

                 this nonpublic information and disclose it

                 without written permission from me.

                            Senator Farley's bill says if -

                 this information, when you give it, when you

                 disclose it to the bank, this personal

                 information, the bank is required to tell you:

                 Oh, by the way, we may give this information

                 to someone else and, if you don't want us to

                 give it away, tell us.  Sign a statement that

                 says you don't want it given away.

                            I would suggest, Senator Farley,

                 while this bill does a couple of very good

                 things, this provision is defective.  Because





                                                          5327



                 this is information about me.  It's

                 information about my constituents.  It's

                 information about you.  And no one should give

                 that information away without my express

                 approval.  And the banks should not be in

                 position where they put together a little tiny

                 form that says, at the bottom, Oh, by the way,

                 Rick Dollinger, be very careful, we may give

                 this information to someone else unless you

                 tell us we can't.

                            I think it's time for us to deal

                 with the Information Age and deal with

                 information privacy and say to banks or

                 insurance companies or anybody else:  You want

                 Rick Dollinger's nonpublic information, you've

                 got to get his express written consent.

                            This amendment says let's do it

                 that way, let's let people opt in before this

                 vast well of information is compiled.  Let's

                 let the banks convince me that it's the right

                 thing for me to do to give away my nonpublic

                 information.  Let's put the onus on them to

                 tell me it's a good thing for me to give away

                 my nonpublic information.

                            I would suggest that they would





                                                          5328



                 have an enormously difficult time convincing

                 this state senator or any one of the 61 people

                 in this chamber that they should freely

                 disclose or sell to a third party nonpublic

                 information.

                            I would suggest that this amendment

                 be tailored to this bill.  I would move the

                 amendment, Madam President, and ask for its

                 consideration by the house.

                            ACTING PRESIDENT McGEE:    The

                 question is on the amendment.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (Response of "Nay.")

                            ACTING PRESIDENT McGEE:    The

                 amendment is defeated.

                            Senator Dollinger.

                            SENATOR DOLLINGER:    Madam

                 President, will Senator Farley yield for just

                 one other question on one other aspect of the

                 bill?

                            SENATOR FARLEY:    I will be

                 delighted.





                                                          5329



                            SENATOR DOLLINGER:    Through you,

                 Madam President.  Does this bill create a

                 private right of action on behalf of the

                 individual whose nonpublic information is

                 disclosed?  Does this create a liability on

                 the part of the bank or financial institution

                 to the individual themselves?

                            SENATOR FARLEY:    To my knowledge,

                 it does not.  I think that's the Bank

                 Department's and the Insurance Department's

                 prerogative to prosecute here.

                            SENATOR DOLLINGER:    Okay.  Again,

                 through you, Madam President, I thank Senator

                 Farley for his explanation and his response to

                 the question.

                            I'm going to vote against this

                 bill.  I would urge everybody to vote against

                 this bill.  Not only does it not have the

                 opt-in provision, which in my judgment is the

                 better way to protect the privacy of everyone

                 in this state -- and, I daresay, protect the

                 privacy of everybody in this chamber.  I would

                 think if a bank asked any one of the 61

                 members of this Senate, Do you want nonpublic

                 information about you disclosed or for sale,





                                                          5330



                 everybody in this chamber would say no.  I

                 would suggest most people in this state would

                 say no.  And that's the reason why we should

                 have an opt-in instead of an opt-out

                 provision.

                            But even more importantly, Madam

                 President, this bill leaves the victim, the

                 person whose privacy is violated, with no

                 direct recourse against the banks.  This bill

                 simply says that the Superintendent of Banks

                 can fine or impose penalties against the banks

                 if they violate this provision.

                            Well, I've got news for you.  It's

                 very little consolation to me personally if

                 banks give out my information, whether I

                 approved it or not, or violate this proposed

                 bill, it will be very little consolation to me

                 when they say, Oh, by the way, did you know

                 that the bank that violated your privacy had

                 to pay a $500 fine to the Superintendent of

                 Banks?

                            I would suggest that that is

                 absolutely no way to police the unlawful

                 disclosure of information under this bill.

                 Let's be candid with people.  If we're going





                                                          5331



                 to have an opt-out provision, if that's the

                 way this bill is going to go, tell people if

                 their rights are violated by the banks they've

                 got to pay the victim, not pay the State

                 Banking Department.  Create a private right of

                 action on behalf of people whose privacy is

                 violated.  Otherwise, the bill is defective.

                            ACTING PRESIDENT McGEE:    Senator

                 Farley.

                            SENATOR FARLEY:    Thank you, Madam

                 President.

                            Rick, nobody has got the perfect

                 bill.  And this certainly is not it.  But it

                 is a step forward.  You've got a situation

                 here where it mirrors the federal legislation.

                 The federal legislation is opt-out.  They are

                 looking at the possibility of opt-in.  There's

                 some concern that people may be precluded,

                 particularly lower-income people, from getting

                 mortgages, and financial transactions that

                 could be affected that way.

                            New York is not an island.  We are

                 still the financial center of the world,

                 although the feds want to eat our lunch all

                 the time in this area.  But this is an





                                                          5332



                 important step forward.  It does move us

                 forward in the area of privacy.  It's not

                 perfect.  I don't have the perfect piece of

                 legislation.  I'm sure only my colleagues do.

                            But this is a piece of legislation

                 that's been worked on, I think it's a

                 reasonable one that addresses privacy.  It is

                 also a reasonable one that could become law.

                 And as I said, it mirrors the federal

                 legislation.  It levels the playing field and

                 brings New York into the area of addressing

                 privacy.  And I urge its passage.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect November 13, 2000.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Dollinger, to explain his vote.

                            SENATOR DOLLINGER:    Madam

                 President, I'll be very brief.  I made my

                 point about the bill earlier.

                            I just want to remind everyone what





                                                          5333



                 the definition of nonpublic personal

                 information is.  It includes personally

                 identifiable financial information provided by

                 a consumer to a financial institution

                 resulting from any transaction with the

                 consumer or any service performed for the

                 consumer.

                            I assume that this means someone

                 could find out what I charge on my charge

                 account.  I just bought a new house, I just

                 gave the bank my three years of income-tax

                 returns.  Quite frankly, Madam President, I

                 don't want anybody to give that information to

                 anyone without my personal consent.  And the

                 opt-out provision here doesn't do that.

                            ACTING PRESIDENT McGEE:    How do

                 you vote, Senator Dollinger?

                            SENATOR DOLLINGER:    I vote in the

                 negative.

                            ACTING PRESIDENT McGEE:    Senator

                 Dollinger, in the negative.

                            Senator Paterson.

                            SENATOR PATERSON:    Madam

                 President, I vote in the negative as well.

                            I think that we are chipping way at





                                                          5334



                 the rights of privacy in this country.  What

                 we have now is a way in which companies and

                 banks and other credit organizations can send

                 something to you in the mail and they

                 basically tell you've got it unless you

                 indicate otherwise.

                            So the opt-out provision, even in

                 this case, which is a little different -- but

                 the opt-out provision really means that you've

                 got to go public to say that you want to be

                 private.  I don't that that's actually

                 privacy.  I think that privacy means leave me

                 alone and if I'm interested, I'll come

                 forward.

                            And I don't think that this bill

                 even begins to address the serious issue that

                 you hear more and more of the public rebelling

                 on, and a situation that we're going to have

                 to address sooner or later.  So I don't see

                 any reason why we don't address it now.

                            ACTING PRESIDENT McGEE:    How do

                 you vote, Senator Paterson?

                            SENATOR PATERSON:    I vote no.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson in the negative.





                                                          5335



                            Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1464 are

                 Senators Coppola, Dollinger, Gentile, Onorato,

                 Paterson, Seabrook, and Stavisky.  Ayes, 54.

                 Nays, 7.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator LaValle.

                            SENATOR LAVALLE:    Madam

                 President, can I have unanimous consent to be

                 recorded in the negative on Calendar Number

                 1401.

                            ACTING PRESIDENT McGEE:    Without

                 objection, so recorded.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Madam

                 President, can we at this time take up

                 Calendar 1141, by Senator LaValle.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1141, by Senator LaValle, Senate Print 7769A,

                 an act to amend the Public Health Law, in

                 relation to authorizing HIV testing.





                                                          5336



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT McGEE:    Senator

                 Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.  I'm explaining my vote.

                            ACTING PRESIDENT McGEE:    To

                 explain your vote.

                            SENATOR DUANE:    Thank you.

                            I'm explaining my vote, which

                 thanks to the sage advice given yesterday by

                 Senator Kuhl, we were all reminded I can do -

                 only do in two minutes.  But fortunately, this

                 bill is not really even worth two minutes of

                 my time or anyone else's time.

                            I would like to applaud the sponsor

                 for at least presenting this bill when I was

                 actually in the chamber, as I am the only

                 person in the chamber that we know of who does

                 have HIV, as opposed to trotting the bill out





                                                          5337



                 when the sponsor knew that I would not be in

                 the chamber.  But -

                            ACTING PRESIDENT McGEE:    Senator

                 Duane, just one moment.

                            Shhh.

                            SENATOR DUANE:    Thank you, Madam

                 President.

                            But I would have thought that a

                 body such as this one, which so recently

                 passed meaningful hate crimes legislation,

                 would stay away from such stupid and

                 completely unnecessary bills.

                            If people need some more

                 information on HIV and its transmission, I

                 would be more than happy to give any of my

                 colleagues here an AIDS 101 lesson.  Or if

                 they would prefer, I could hook them up with a

                 an AIDS educator from wherever you live in the

                 state of New York, including and especially

                 Long Island, which has some excellent AIDS

                 education programs.  I'm sure they will they

                 would be more than happy to provide the most

                 rudimentary AIDS education for those members

                 in this body who need it.

                            I would encourage my other





                                                          5338



                 colleagues in the body to join me in showing

                 that we are not an uneducated body when it

                 comes to AIDS and HIV transmission issues and

                 vote in the negative on this, as I said

                 before, stupid and unnecessary legislation,

                 which I'm sorry to say doesn't even warrant

                 two minutes of time.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Duane in the negative.

                            Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1141 are

                 Senators Connor, Duane, Montgomery, Paterson,

                 and Santiago.  Ayes, 56 -- also Senator

                 Mendez.  Ayes, 55.  Nays, 6.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Madam

                 President, as a point of information to my

                 colleague Senator Duane and anyone else who

                 listens, bills are called up in this chamber

                 in regular order as they are reported to the

                 calendar.





                                                          5339



                            No member has ever asked that a

                 bill be put on the floor while another member

                 is out of the chamber, so as to sneak it by

                 anybody.  I personally resent that particular

                 comment, because it has never been done in

                 this chamber and never will be done in this

                 chamber, under the leadership of Majority

                 Leader Joseph Bruno or any other member in

                 this house.

                            It has always been the Majority's

                 opinion that if a member has asked -- and we

                 did it several times yesterday when one of the

                 Minority members was out of the chamber and

                 wished to debate a bill.  We held the bill

                 back so that person could be called back from

                 his committee meeting and have the right to

                 debate the bill as they saw fit.

                            Any characterization to the

                 otherwise or to the contrary is simply wrong.

                 And you frankly owe an apology to every member

                 in the house for the comments.

                            That being said, those members who

                 wish to be recorded on votes, please be in

                 your seats, because the secretaries are having

                 trouble finding people and knowing exactly how





                                                          5340



                 you're voting.  And if you're not in your

                 seat, they can't tell.

                            And those members who have bills on

                 the floor that have been laid aside, please be

                 available so that when your bill is called, we

                 can move the process and move the debate along

                 as the day progresses.

                            With that being said, Madam

                 President, can we now take up Senator Alesi's

                 bill, 1454.

                            There will be a Rules Committee

                 meeting in the Majority Conference Room at

                 12:30.

                            ACTING PRESIDENT McGEE:    There

                 will be a Rules Committee meeting in the

                 Majority Conference Room at 12:30.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1454, by Senator Alesi, Senate Print 7240, an

                 act to amend the General Business Law and the

                 Civil Practice Law and Rules, in relation to

                 the Uniform Trade Secrets Act.

                            SENATOR PATERSON:    Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi, an explanation has been requested.





                                                          5341



                            SENATOR ALESI:    Thank you, Madam

                 President.

                            This bill allows New York State to

                 join 41 other states since 1979 in the

                 adoption of the Uniform Trade Secret Act.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Thank you,

                 Madam President.  Is Senator Alesi -- has

                 Senator Alesi completed his explanation?

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi, I believe you have completed your

                 explanation; is that correct?

                            SENATOR ALESI:    You believe that

                 correctly, Madam President.

                            ACTING PRESIDENT McGEE:    He has

                 done so, Senator Paterson.

                            SENATOR PATERSON:    Would Senator

                 Alesi yield for a question.

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi, will you yield for a question from

                 Senator Paterson?

                            SENATOR ALESI:    I always enjoy

                 dialogue with Senator Paterson.  And, yes, I

                 will yield.





                                                          5342



                            ACTING PRESIDENT McGEE:    Senator

                 Paterson, Senator Alesi yields.

                            SENATOR PATERSON:    Madam

                 President, my feelings are very similar.

                            I would like to inquire as to

                 whether or not there have been any recent

                 thefts of trade secrets that should concern us

                 right now that might have prompted this bill.

                 Or maybe was Senator Alesi thinking ahead?  In

                 view of the Los Alamos federal government

                 documents being missing, maybe that might have

                 motivated him.

                            But I'm just wondering if there

                 were any trade secrets that would apply to

                 this legislation that are -- that were stolen

                 at this particular time.

                            SENATOR ALESI:    Through you,

                 Madam President.  In response to my esteemed

                 colleague, I generally do try to think ahead,

                 and probably a portion of that is attached to

                 my efforts on this bill.

                            Regarding any trade secrets that

                 have been recently or currently under theft, I

                 can't directly answer that, because it is not

                 related to some specific action.





                                                          5343



                            What this bill really does is it

                 brings New York State into the realm of 41

                 other states that have understood the need for

                 uniformity.  Because as I understand it in

                 this state, trade secrets and the

                 misappropriation of same are handled in common

                 law, and there's no uniformity in the way that

                 they are dealt with.

                            This would also give New York State

                 a tremendous advantage as we progress through

                 the high-tech era that we don't have now that

                 those other states do have in the protection

                 of secret materials.  And therefore, that is

                 the major reason behind bringing this bill to

                 the floor today.

                            SENATOR PATERSON:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Madam

                 President, if Senator Alesi would continue to

                 yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi, do you continue to yield?

                            SENATOR ALESI:    Yes, Madam





                                                          5344



                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR PATERSON:    Actually,

                 Madam President, although I raised the

                 question earlier, I don't think that there has

                 to be any recent activity that would be

                 catalyst for the formulation of this

                 legislation.

                            Senator Alesi is right, that we're

                 moving into an age of greater communication

                 and the opportunity and different types of

                 ways in which very important information can

                 be extracted from entities that are trying to

                 protect themselves from violations.  So in

                 that respect, the fact that Senator Alesi

                 wants to bring us in conformity with the

                 Uniform Trade Secrets Act is quite

                 commendable.

                            I'm concerned -- well, before I

                 even address what I'm concerned about, just

                 for edification, if Senator Alesi would

                 explain to us how are entities protected from

                 trade secret violations under the law right

                 now.





                                                          5345



                            SENATOR ALESI:    Through you,

                 Madam President.  As I understand it, there is

                 a federal patent law that does offer some

                 protection.  But in New York State, the

                 situation of knowledge theft or technology

                 theft is handled in common law.  And again, as

                 I understand it, there is no uniform approach

                 for treating those issues.

                            The underlying reason for doing

                 this, as I stressed earlier, is that 41 other

                 states have done it.

                            And for those businesses that are

                 doing business and engaging in enterprise not

                 only in this state but across the country and

                 internationally, providing some uniform

                 treatment for the misappropriation of trade

                 secrets is vitally important to the economy of

                 New York State as it relates to those

                 high-tech firms that either operating here or

                 would consider operating here.

                            And for those that are considering

                 operating here, if they recognize that there

                 is a potential defect in the way that

                 misappropriation of secret knowledge is

                 treated in the law here, they might decide to





                                                          5346



                 locate elsewhere.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Thank you,

                 Madam President.  Senator Alesi has addressed

                 the ways in which this legislation protects

                 industry.  I'd like to turn the discussion to

                 how we can protect the public and ask Senator

                 Alesi to yield to a question.

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi, will you continue to yield?

                            SENATOR ALESI:    I'd be happy to.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR PATERSON:    Senator, let's

                 look at the possibility of civil litigation

                 and criminal liability.  Let's say that a

                 company has some trade secrets that are

                 actually contradicting what the company is

                 telling the public.

                            For an example, let's take a

                 tobacco company for a scenario, where an

                 employee publicizes information showing that

                 cigarettes, let's say, are harmful to a

                 person's health and that a tobacco company has





                                                          5347



                 documented this over a number of years but has

                 actually lied to the public.  So let's say an

                 inside employee becomes a whistle-blower to

                 the public.

                            Technically, there might not be any

                 criminal liability, but there could certainly

                 be a lot of civil litigation because of the

                 disclosure of this information.

                            Would the Uniform Trade Secrets Act

                 actually inure to the detriment of a

                 whistle-blower who's coming forward with

                 information that the public, we would assume,

                 needs to know?

                            SENATOR ALESI:    Through you,

                 Madam President.  As you know, under the

                 leadership of this Majority, we have dealt

                 with the issue of whistle-blower protection.

                 And under those circumstances, anybody who is

                 providing information for the benefit of the

                 good of society in this state would be

                 protected therein.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Madam

                 President, if Senator Alesi would continue to





                                                          5348



                 yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi, will you continue to yield?

                            SENATOR ALESI:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR PATERSON:    For the

                 purpose of clarity, I'm just wondering, Madam

                 President, whether or not any of those

                 protections are contained in this legislation

                 and, if not, would it be possible perhaps for

                 Senator Alesi to consider putting that in.

                            Because we really don't want to

                 create a chilling atmosphere for people who

                 would come forward with information that might

                 lead to the prosecution of the heads of

                 different companies that are engaging in an

                 illegal activity, nor would we want to protect

                 those who are creating a malfeasance of public

                 responsibility in their companies by

                 withholding evidence that would affect the

                 safety or public health.

                            SENATOR ALESI:    Thank you, Madam

                 President.  I'm advised that at least in terms

                 of what this bill provides, as relates to the





                                                          5349



                 Senator's question, that no other sections of

                 the law that would cover the circumstances

                 that he is defining for us would be affected.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    I'm sorry,

                 Madam President, could the Senator just repeat

                 that last part?  I didn't hear it.

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi -

                            SENATOR ALESI:    I'd be happy to.

                            ACTING PRESIDENT McGEE:    -- would

                 you like to repeat the last part that he

                 didn't hear.

                            SENATOR ALESI:    That no other

                 provisions of the law that would cover the

                 circumstances such as the Senator has

                 described would be affected by this particular

                 legislation.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Then, Madam

                 President, if the Senator would yield for a

                 question.

                            ACTING PRESIDENT McGEE:    Senator





                                                          5350



                 Alesi, do you continue to yield?

                            SENATOR ALESI:    I will, yes.

                            SENATOR PATERSON:    Does the

                 Senator see that a -- an employee of a company

                 or a member of the public who would like to

                 disclose information that they deem to be

                 important to be held under the public scrutiny

                 would in any way be dissuaded by the

                 legislation?

                            SENATOR ALESI:    Madam President,

                 through you.  Senator, if you would be kind

                 enough to repeat that question for me.

                            SENATOR PATERSON:    Madam

                 President.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    My question

                 relates to whether or not a member of the

                 public or an employee of a company that sees

                 an important public need that they feel would

                 be sustained by court action, would that

                 person or employee be impeded or feel in any

                 way dissuaded from disclosing that information

                 by the passage of this bill?

                            SENATOR ALESI:    Through you,





                                                          5351



                 Madam President.  I don't believe that they

                 would be impeded.  And that is not the intent

                 of this legislation, to create such an

                 impediment.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Madam

                 President, under the legislation it would

                 appear to me that a person that would be

                 revealing secret documents, secret

                 information, would be liable for damages under

                 this bill.

                            If Senator Alesi would yield for a

                 question, my question is, is that a correct

                 evaluation of the legislation?

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi, do you yield?

                            SENATOR ALESI:    I'd be happy to.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            Would you repeat your question,

                 Senator Paterson.

                            SENATOR ALESI:    I'll be with you

                 in just a minute, please.

                            ACTING PRESIDENT McGEE:    Thank





                                                          5352



                 you.

                            SENATOR PATERSON:    While we're

                 waiting, Madam President, how are you today?

                            SENATOR ALESI:    Thank you, Madam

                 President.  Thank you for your patience,

                 Senator.

                            I've been advised that under

                 Section 279 of this particular bill,

                 whistle-blowers, as you describe them, would

                 be protected.  And therefore there would be no

                 impediment, as you asked in your previous

                 question.

                            SENATOR PATERSON:    Therefore,

                 Madam President, as I assume the Senator would

                 be willing to yield for another question -

                            SENATOR ALESI:    The assumption

                 would be correct, Madam President.

                            ACTING PRESIDENT McGEE:    That is

                 correct, Senator Paterson.

                            SENATOR PATERSON:    -- the civil

                 liability would be incurred by a person that

                 is just releasing the documents out of some

                 purpose other than for the public good?

                            In other words, the bill still does

                 protect companies -- the bill would still





                                                          5353



                 allow for the company to take action against

                 individuals for civil damages for violation of

                 this act; that's correct?

                            SENATOR ALESI:    Through you,

                 Madam President.  I believe at least in terms

                 of the circumstances described by the Senator

                 regarding a whistle-blower would not -- would

                 be covered, as I said, under this Section 279.

                            Let me also stress that the

                 misappropriation of information or trade

                 secrets that is covered in this bill, the

                 thrust behind all of that is the

                 misappropriation for the profit or for the

                 self-aggrandizement of the person who is

                 misappropriating the information.

                            And by disseminating information to

                 the public for the public good, that would not

                 be construed as misappropriating it for

                 personal gain.  And so therefore, even under

                 those circumstances, this bill would not be an

                 impediment.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Madam

                 President, if we could move away from the





                                                          5354



                 whistle-blower for a moment and just talk

                 about someone who is violating the statute.

                            They would be liable for damages

                 under this legislation, would they not,

                 Senator?

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi.

                            SENATOR ALESI:    Someone who is -

                 through you, Madam President, someone who is

                 misappropriating trade secrets, as defined in

                 this bill, for the purpose of self-enrichment

                 would be in violation of the proposed Uniform

                 Trade Secret Act.

                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Thank you,

                 Madam President.  I'm quite in agreement with

                 the purpose of the legislation.  If Senator

                 Alesi would yield for one last question.

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi, will you yield for one last question?

                            SENATOR ALESI:    Only one?  I'd be

                 happy to.

                            ACTING PRESIDENT McGEE:    I

                 believe the Senator yields.





                                                          5355



                            SENATOR PATERSON:    There can be

                 only one last question.

                            Senator, can you distinguish for

                 those of us in the chamber where the bill

                 indicates the protection for the

                 whistle-blower under Section 279?  Because

                 there are a lot of subdivisions there, and I

                 couldn't find it up to now.

                            Can you show us how you distinguish

                 the whistle-blower from the violator who does

                 it for self-enrichment under the statute?  I

                 just want to see where it is, for my own

                 understanding.

                            SENATOR ALESI:    Through you,

                 Madam President, I'm advised -- and again, I'm

                 referring to Section 279T -- that if you look

                 at 2.3 that it does provide that -- other

                 civil remedies that are not based upon a

                 misappropriation of a trade secret or criminal

                 remedies whether or not based upon a

                 misappropriation.

                            So they are covered there, Senator.

                            ACTING PRESIDENT McGEE:    Thank

                 you.

                            Senator Hevesi.





                                                          5356



                            SENATOR HEVESI:    Madam President,

                 would the sponsor yield to a question?

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi, will you yield to a question from

                 Senator Hevesi?

                            SENATOR ALESI:    I'd be happy to.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR HEVESI:    Thank you,

                 Senator Alesi.  I've got a question for you

                 relating loosely to what Senator Paterson was

                 talking about.

                            And if we accept that there is

                 protection for whistle-blowers in this

                 legislation -- and it's a little bit vague,

                 but accepting that that's the case, I'd like

                 to give you a hypothetical situation where not

                 providing protection -- not in the case of a

                 whistle-blower, but in a different case -

                 would not be in the public interest and would

                 potentially prevent a public protection as a

                 consequence of your legislation.

                            So let me -- can I lay out the

                 hypothetical and get your reaction to it,

                 Senator?





                                                          5357



                            SENATOR ALESI:    Through you,

                 Madam President, I'd be willing to entertain a

                 hypothetical set of circumstances and a

                 question attached thereto.

                            SENATOR HEVESI:    Thank you,

                 Senator.

                            ACTING PRESIDENT McGEE:    Senator

                 Hevesi.

                            SENATOR HEVESI:    Let's say,

                 Senator Alesi, I am a mid-level manager

                 working for Ford Motor Company in New York

                 State.  I'm in the research and development

                 unit, and I know that my unit is currently

                 pioneering a new technology where a chemical

                 substance, if introduced to another chemical

                 substance, will turn this small amount of a

                 substance into an unbelievably dense, foamlike

                 substance and rapidly expand, instantaneously.

                            And we've tested this at my company

                 in order to possibly use this substance,

                 similar to the way an airbag is used, that the

                 second you have some kind of impact on the

                 side of the car, jets all over the passenger

                 compartment and the driver compartment would

                 stream this foam out, and it would have the





                                                          5358



                 same kind of effect that an airbag would have,

                 but it would provide greater protection for

                 the entire body.  Because, as you know now, an

                 airbag only protects the upper body and the

                 head.

                            And we test it and it works, and it

                 works wonderfully.  And it saves people from

                 not only life-threatening injuries, it saves

                 them from broken legs and what have you.

                 Works wonderfully.

                            So we go and we test it to see can

                 we produce this whole mechanism based on this

                 chemical discovery which would be a trade

                 secret in your bill, and we find out that at

                 the current time it would cost -- it would

                 drive up the cost of each individual

                 automobile equipped with this safety device by

                 several hundred dollars.  And we're not sure

                 whether we could do it profitably at this

                 current time.

                            As a result, Ford Motor Company -

                 and I know this -- now decides that they are

                 not going to produce this and offer this to

                 consumers in New York State for one year.  I

                 don't say anything, as the mid-level manager,





                                                          5359



                 knowing that a technology now exists to

                 protect people and, because we don't think

                 it's profitable at Ford Motors, then people

                 are not being protected.

                            A second year goes by.  Still Ford

                 does nothing with this new technology.  And as

                 we start the third year, I can't take it

                 anymore.  I'm not a whistle-blower.  I take

                 this new technology, and I go to another

                 company.  I leave my company, and I give it to

                 General Motors for them to go market it.

                            And so General Motors now is given

                 this technology, they market it, they do it in

                 a profitable way, and now people are

                 protected.

                            Under your bill, can Ford sue me

                 personally and am I personally liable for this

                 type of revelation of the technology?  And if

                 so, is that what we want to do here?

                            SENATOR ALESI:    Through you,

                 Madam President.  Since that was a

                 hypothetical question, let me give an answer

                 relative to the circumstances that the Senator

                 described.

                            Under common law, as I understand





                                                          5360



                 it, such a lawsuit could occur in any event.

                            And in the hypothetical set of

                 circumstances that the Senator described, he

                 didn't indicate whether or not that employee

                 might have a contract with the Ford Motor

                 Company or whatever other company he or she

                 would be working for.

                            But in view of the circumstances

                 that he described, a person could be sued

                 under common law, and he or she could be sued

                 under this particular piece of legislation as

                 well.

                            And I think that the hypothesis

                 offered is a noble one in pointing out that

                 there are possible benefits for anybody to

                 take knowledge that is acquired and

                 disseminate it for the common good and for the

                 protection of society.

                            But I think that we're moving away

                 from the main theme of this bill.  And the

                 main theme of this bill simply is to take the

                 misappropriation of trade secrets for personal

                 enrichment and put it into a uniform code so

                 that New York State, like 41 other states and

                 the District of Columbia, can have some





                                                          5361



                 uniformity in the application of the law when

                 it comes to the misappropriation of trade

                 secrets.

                            And that would be a tremendous

                 economic development boost to our state, which

                 is continuing on a day-to-day basis to try to

                 enhance the location of high-tech and other

                 businesses in New York State and provide the

                 necessary jobs for the quality of life for our

                 residents and taxpayers in this state.

                            ACTING PRESIDENT McGEE:    Senator

                 Hevesi.

                            SENATOR HEVESI:    Thank you, Madam

                 President.  If the sponsor would yield to one

                 brief question.

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi, will you yield to one brief question?

                            SENATOR ALESI:    According to

                 Senator Paterson, no.  But according to

                 myself, Madam President, yes, I will.

                            ACTING PRESIDENT McGEE:    Senator

                 Alesi yields.  Senator Paterson, no.

                            SENATOR HEVESI:    Thank you,

                 Senator Alesi.

                            Last year this house unconscionably





                                                          5362



                 repealed the commuter tax, denying New York

                 City hundreds of millions of dollars in

                 revenue in perpetuity.  In that legislation

                 there was a section which said essentially if

                 any section of that law is ruled

                 unconstitutional, the entire tax for everyone

                 shall no longer apply.

                            You've got a severability clause

                 which is loosely analogous to that in this

                 bill, in Section 279V.  My question to you is,

                 do you anticipate or do you expect that there

                 is a section of this legislation that might be

                 unconstitutional?

                            SENATOR ALESI:    Through you,

                 Madam President.  Without responding to the

                 commuter tax, because that's irrelevant and

                 immaterial to the bill at hand, I would answer

                 to say, as far as the question of

                 constitutionality is concerned, if I

                 anticipated that that would be a defect in

                 this legislation, I would not be bringing the

                 legislation to the floor for consideration.

                            SENATOR HEVESI:    Thank you.

                            On the bill, Madam President.

                            ACTING PRESIDENT McGEE:    Senator





                                                          5363



                 Hevesi, on the bill.

                            SENATOR HEVESI:    Senator Alesi,

                 since I know that you were not the sponsor of

                 the commuter tax repeal, I respect that last

                 comment.

                            Having said that, those who brought

                 that legislation knew it was unconstitutional

                 on its face and did it because it was

                 unconstitutional and that as a result the

                 entire tax would be denied to the City of New

                 York, and it was the only way to remove that

                 tax for New York State suburban residents.

                            Having said that, I like your bill.

                 I think it's a good bill.  I am concerned,

                 however, because of the issue raised by

                 Senator Paterson and myself in relation to

                 wrongdoers and the other admittedly somewhat

                 narrow circumstance that we could have a

                 situation where somebody is dissuaded from

                 protecting the public interest as a

                 consequence of the possibility of a lawsuit

                 against them for disclosing information that

                 someone has deemed to be a trade secret.

                            I'd love to support this bill.  And

                 I would if it had just an exemption in this





                                                          5364



                 case.  And I guess we could define it somewhat

                 narrowly, but if there was a public protection

                 clause built in here, if we put wrongdoers -

                 whistle-blowers, rather, directly in here and

                 had some overarching exception so that we

                 didn't have the unfortunate situation that I

                 outlined, which I believe very realistically

                 could occur, I'd be happy to support the bill.

                            In its absence, I'm going to vote

                 no on this legislation.  But I do commend the

                 sponsor for bringing it.  I understand the

                 purpose.  I think it's a well-intentioned

                 piece of legislation, and I very much

                 appreciate his taking the time to debate this

                 important bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Thank you,

                 Madam President.  On the bill.

                            I also appreciate Senator Alesi

                 bringing this bill up, because I think this is

                 a critically important issue, the protection

                 of trade secrets.  But I'm going to vote

                 against the bill because I believe that the

                 definition of "trade secret" in the bill is





                                                          5365



                 too broad.  Let me tell you why.

                            It currently says that "a trade

                 secret means any information, technical and

                 nontechnical" -- any information -- and then

                 it lists the standard phrasing we have in many

                 of our statutes, "including but not limited to

                 a formula, a pattern, a compilation, a

                 program, device, method, technique or

                 process," and then it says "that derives

                 independent economic value, actual or

                 potential, from not being available to the

                 general public."

                            My biggest concern is that this is

                 too broad, because this will include all

                 customer lists maintained by any employer.

                            Generally the rule in New York is

                 that a customer list, if it's comprised of

                 names that are generally available in the

                 telephone book, who are a drugstore or a -

                 let's use an example like a furniture

                 salesman, where you sell to furniture

                 companies.  Well, you can go to the telephone

                 book, look under furniture companies, and

                 you'll know who they all are.

                            Under most rules in most cases in





                                                          5366



                 this state, they have held that that's not a

                 trade secret if it's information that you can

                 get from the telephone book.

                            My concern is that this, in

                 essence, says any compilation of information

                 maintained by the employer will be considered

                 to be a trade secret.  What that means as a

                 practical matter is that almost every employee

                 of every corporation will have access to some

                 information that the employer could treat as a

                 trade secret.  Why is that critically

                 important?

                            I believe in the free flow of

                 ideas.  We have a federal system that protects

                 patents and trademarks and copyrights.  But

                 those patents can expire after 17 years.  A

                 trade secret could be kept secret forever.

                 And as a consequence, the ideas that go into

                 trade secrets, the free flow of ideas that has

                 been such a boom to America in the last twenty

                 years may be substantially restricted if

                 employers begin to classify all their

                 information -- their customer lists, the way

                 they build specific products, the way they

                 manufacture chairs -- they'll say this is a





                                                          5367



                 trade secret right here, because you wouldn't

                 know how to build a chair like this unless you

                 went to work for me.

                            Well, my guess is that the actual

                 trade secret included in building that chair

                 is nonexistent.  But an employer will claim

                 it's a trade secret.  And when the employee

                 signs his employment agreement, there will be

                 a statement in there that says, We consider

                 all these things to be trade secrets, and

                 therefore, if you ever leave us, you can never

                 go to work for a chair-manufacturing company

                 again.

                            What it will do is it will put

                 substantial restrictions on the free movement

                 of employees between a current employer and

                 the employer's competitors.  And the employee

                 who has a better idea that the current

                 employer doesn't accept will be unable to go

                 to his new employer and take that better idea

                 with him.

                            That kind of free flow of ideas is

                 what's critical to the growth and development

                 of America's economy.  One guy going out and

                 saying, I can do it better even than my





                                                          5368



                 current employer.  I think there was a guy

                 named Bill Gates who once said to Xerox, "I've

                 got a better way to do this.  I think I'll

                 take my idea that I developed while working

                 for you and I'll go put it to good use."

                            I would suggest that the danger

                 here is that with trade secrets so broadly

                 defined, we're going to restrict that free

                 flow of ideas.

                            I would suggest, Senator Alesi, the

                 bill does some good things, and I think it's

                 got some balance to it, but I would narrowly

                 confine what a trade secret is only to those

                 aspects of a business operation that are

                 generated by the employer, that are vital to

                 the employer's main business, and to which the

                 employee would never be able to gain access

                 unless he served under that specific employer.

                            Otherwise, we define trade secrets

                 too broad, employers will push the envelope on

                 trade secrets, we'll have less interchange of

                 ideas, less free flow of ideas in our

                 marketplace, and unfortunately in the long

                 run, in my judgment, less economic

                 development.





                                                          5369



                            I would suggest the bill does some

                 good things.  If it's more narrowly tailored,

                 I might vote for it someday in the future, but

                 not today.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect 180 days.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1454 are

                 Senators Connor, Dollinger, Hevesi, Paterson,

                 and Schneiderman.  Ayes, 56.  Nays, 5.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Meier.

                            I'm sorry, Senator Malcolm Smith.

                            SENATOR MALCOLM SMITH:    Yes,

                 Madam President, thank you.  I rise to request

                 unanimous consent to be recorded in the

                 negative on Calendar Number 394 and 1464.

                            ACTING PRESIDENT McGEE:    Without

                 objection, you will be so recorded.





                                                          5370



                            Senator Meier.

                            SENATOR MEIER:    Madam President,

                 can we please call up Calendar 1090, please.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1090, by Senator Spano, Senate Print 6385A, an

                 act to amend the Public Health Law, in

                 relation to the establishment of a separate

                 regional emergency medical services council.

                            ACTING PRESIDENT McGEE:    There is

                 a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Yes, thank

                 you, Madam President.  I would request

                 unanimous consent to be recorded in the





                                                          5371



                 negative on Calendars 394 and 1464, following

                 in the footsteps of Senator Smith.

                            ACTING PRESIDENT McGEE:    Without

                 objection, so recorded.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Meier.

                            SENATOR MEIER:    Madam President,

                 if we could return to the order of reports of

                 the standing committees, I believe there's a

                 report of the Rules Committee at the desk.

                            ACTING PRESIDENT McGEE:    Reports

                 of standing committees.

                            The Secretary will read the report

                 of the Rules Committee.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 1802, by Senator

                 Padavan, an act to amend the Criminal

                 Procedure Law;

                            2716, by Senator Volker, an act to

                 amend the Tax Law;

                            2719B, by Senator Nozzolio, an act

                 to amend the Vehicle and Traffic Law;





                                                          5372



                            2842A, by Senator Nozzolio, an act

                 to amend the Vehicle and Traffic Law;

                            3584B, by Senator Seward, an act to

                 amend the Insurance Law;

                            3924A, by Senator LaValle, an act

                 to amend the Real Property Tax Law;

                            5398, by Senator Saland, an act to

                 amend the Social Services Law;

                            6250C, by Senator Velella, an act

                 to amend the Criminal Procedure Law;

                            6994A, by Senator Larkin, an act to

                 create the Thrall Public Library District;

                            7504A, by Senator Balboni, an act

                 to amend the Real Property Tax Law;

                            7636A, by Senator Velella, an act

                 to amend the Agriculture and Markets Law;

                            7815, by Senator Breslin, an act in

                 relation to allowing Nancy Jordan;

                            7863, by Senator Leibell, an act to

                 amend the Public Authorities Law and the

                 Retirement and Social Security Law;

                            7895, by Senator Hannon, an act to

                 amend the Public Health Law;

                            7926, by Senator Rath, an act to

                 amend the Transportation Law and the Vehicle





                                                          5373



                 and Traffic Law;

                            7930A, by Senator Skelos, an act to

                 amend the Public Authorities Law and the Tax

                 Law;

                            7938B, by Senator Marcellino, an

                 act to authorize the County of Nassau;

                            7978, by the Senate Committee on

                 Rules, an act to amend the Retirement and

                 Social Security Law;

                            7984, by Senator Trunzo, an act to

                 amend the Tax Law;

                            7988A, by Senator Meier, an act to

                 amend the Public Health Law;

                            7993, by Senator Stafford, an act

                 in relation to water and wastewater;

                            7998, by Senator Kuhl, an act

                 authorizing the trustees of the

                 Steuben-Allegany Board;

                            8002, by Senator Velella, an act to

                 amend the Civil Practice Law and Rules;

                            8013, by Senator Wright, an act to

                 amend the Tax Law;

                            8029, by Senator Padavan, an act to

                 amend the Real Property Tax Law;

                            8076, by Senator Velella, an act to





                                                          5374



                 amend the Vehicle and Traffic Law;

                            8080, by Senator Meier, an act to

                 amend the Civil Rights Law;

                            8096, by the Senate Committee on

                 Rules, an act in relation to awarding;

                            8128, by the Senate Committee on

                 Rules, an act to amend the Racing, Pari-Mutuel

                 Wagering and Breeding Law;

                            8150, by the Senate Committee on

                 Rules, an act to amend the Tax Law;

                            And 8167, by the Senate Committee

                 on Rules, an act to amend the Tax Law and

                 others.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT McGEE:    Senator

                 Meier.

                            SENATOR MEIER:    Madam President,

                 I move to accept the report of the Rules

                 Committee.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the Rules report.  All in

                 favor say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,





                                                          5375



                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 report is accepted.

                            Senator Meier.

                            SENATOR MEIER:    Madam President,

                 could we stand at ease for a few minutes while

                 they distribute the supplemental calendar.

                            ACTING PRESIDENT McGEE:    We'll

                 stand at ease for one moment, please.

                            (Whereupon, the Senate stood at

                 ease at 1:20 p.m.)

                            (Whereupon, the Senate reconvened

                 at 1:30 p.m.)

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, can we please take up the

                 noncontroversial reading of Supplemental

                 Calendar 57A, please.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1470, by Senator Padavan, Senate Print 1802,

                 an act to amend the Criminal Procedure Law, in

                 relation to the peace officer training





                                                          5376



                 requirements.

                            SENATOR HEVESI:    Lay it aside,

                 please.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1471, by Senator Volker, Senate Print 2716, an

                 act to amend the Tax Law, in relation to

                 providing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1472, by Senator Nozzolio, Senate Print 2719B,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to providing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.





                                                          5377



                            THE SECRETARY:    Section 2.  This

                 act shall take effect January 1, 2001.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1473, by Senator Nozzolio, Senate Print 2842A,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to providing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number





                                                          5378



                 1474, by Senator Seward, Senate Print 3584B,

                 an act to amend the Insurance Law, in relation

                 to risk-based capital requirements.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1475, Senator LaValle moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 6997A and substitute it

                 for the identical Senate Bill Number 3924A,

                 Third Reading Calendar 1475.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1475 -

                            SENATOR DOLLINGER:    Lay it aside.





                                                          5379



                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1476, by Senator Saland, Senate Print 5398, an

                 act to amend the Social Services Law, in

                 relation to frequency.

                            SENATOR HEVESI:    Lay it aside,

                 please.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1477, by Senator Velella, Senate Print 6250C,

                 an act to amend the Criminal Procedure Law, in

                 relation to erroneous arrests.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.





                                                          5380



                            THE SECRETARY:    Calendar Number

                 1478, by Senator Larkin, Senate Print 6994A,

                 an act to amend the Thrall Public Library

                 District.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1479, by Senator Balboni, Senate Print 7504A,

                 an act to amend the Real Property Tax Law, in

                 relation to making state aid payments.

                            ACTING PRESIDENT McGEE:    A local

                 fiscal impact statement is at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.





                                                          5381



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 2.  Senators Kuhl and Larkin recorded in the

                 negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1480, by Senator Velella, Senate Print

                 7636A -

                            SENATOR MEIER:    Lay it aside

                 temporarily, please.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside temporarily.

                            THE SECRETARY:    In relation to

                 Calendar Number 1481, Senator Breslin moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 10990 and substitute it

                 for the identical Senate Bill Number 7815,

                 Third Reading Calendar 1481.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1481, by the Assembly Committee on Rules,

                 Assembly Print Number 10990, an act in





                                                          5382



                 relation to allowing Nancy Jordan.

                            ACTING PRESIDENT McGEE:    There is

                 a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1482, by Senator Leibell, Senate Print 7863,

                 an act to amend the Public Authorities Law and

                 the Retirement and Social Security Law, in

                 relation to granting.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.





                                                          5383



                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1483, by Senator Hannon, Senate Print 7895, an

                 act to amend the Public Health Law, in

                 relation to the implementation.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR DOLLINGER:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1484, by Senator Rath, Senate Print 7926, an

                 act to amend the Transportation Law and the

                 Vehicle and Traffic Law, in relation to

                 penalties.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill





                                                          5384



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1487, by the Senate Committee on Rules, Senate

                 Print Number 7978, an act to amend the

                 Retirement and Social Security Law, in

                 relation to benefits payable.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1488, by Senator Trunzo, Senate Print 7984, an

                 act to amend the Tax Law, in relation to

                 providing.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect December 1.





                                                          5385



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1489, by Senator Meier, Senate Print 7988A, an

                 act to amend the Public Health Law, in

                 relation to the distribution.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1490, by Senator Stafford, Senate Print 7993,

                 an act in relation to water and wastewater

                 control.

                            ACTING PRESIDENT McGEE:    Read the





                                                          5386



                 last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1491, by Senator Kuhl, Senate Print 7998, an

                 act authorizing the trustees of the

                 Steuben-Allegany Board of Cooperative

                 Educational Services.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number





                                                          5387



                 1492, by Senator Velella, Senate Print 8002,

                 an act to amend the Civil Practice Law and

                 Rules, in relation to fixed fees for sheriffs.

                            ACTING PRESIDENT McGEE:    There is

                 a local fiscal impact note at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 October.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1493, by Senator Wright, Senate Print 8013, an

                 act to amend the Tax Law, in relation to the

                 definition of residential purposes.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.





                                                          5388



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1495, by Senator Velella, Senate Print 8076,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to the designation of correction

                 vehicle.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1496, by Senator Meier, Senate Print 8080, an

                 act to amend the Civil Rights Law, in relation

                 to the right of public petition and

                 participation.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect January 1, 2001.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)





                                                          5389



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1497, by the Senate Committee on Rules, Senate

                 Print Number 8096, an act in relation to the

                 awarding of contracts.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR DOLLINGER:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            THE SECRETARY:    Calendar Number

                 1498, by the Senate Committee on Rules, Senate

                 Print Number 8128, an act to amend the Racing,

                 Pari-Mutuel Wagering and Breeding Law, in

                 relation to the franchise fee.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR DOLLINGER:    Lay it aside.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside.

                            Senator Meier, that completes the

                 noncontroversial reading of the calendar.

                            SENATOR MEIER:    Thank you, Madam





                                                          5390



                 President.  May we now have the reading of the

                 controversial calendar.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1470, by Senator Padavan, Senate Print 1802,

                 an act to amend the Criminal Procedure Law, in

                 relation to peace officer training.

                            SENATOR HEVESI:    Explanation,

                 please.

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan, an explanation has been requested.

                            SENATOR PADAVAN:    Thank you,

                 Madam President.

                            Currently there is a 35-hour course

                 that's given for police officers and those who

                 have peace officer requirements in the City of

                 New York.  In that 35 hours, which is an

                 intensive program, there's training in the

                 Penal Law, search and seizure, the laws and

                 powers of arrests, the use of deadly physical

                 force, witness interrogation and lineup,

                 conflict resolution, crisis intervention, the

                 ethics of law enforcement, Miranda rights, and

                 so on.  Virtually all of which has no





                                                          5391



                 reference whatsoever to the duties of a

                 firefighter.

                            Now, firefighters do need peace

                 officer status because they issue summonses

                 and they enter premises to do that.  Now, what

                 the Fire Department does, they give an 8-hour

                 course where they cover all of the things that

                 a firefighter should know about their role as

                 peace officers.

                            But to send them away for 35 hours,

                 virtually a whole week, in a training program

                 that has no relevance to their

                 responsibilities, is deemed to be unnecessary,

                 a waste of manpower, a waste of resources.

                            So the City of New York, and

                 specifically the Fire Commissioner, have asked

                 that that requirement be waived.  And that's

                 what this bill is.

                            SENATOR HEVESI:    Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Hevesi.

                            SENATOR HEVESI:    Would the

                 sponsor yield to one or two questions, please.

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan, will you yield for some questions?





                                                          5392



                            SENATOR PADAVAN:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR HEVESI:    Senator Padavan,

                 thank you for that explanation.

                            My first question for you is the

                 Municipal Police Training Council, the

                 curriculum that that they set up for the

                 training of police officers, whom else does

                 that apply to?  Does it apply to all the other

                 categories of peace officers in New York

                 State?

                            SENATOR PADAVAN:    I believe so.

                 Where applicable, yes.  But then again, I

                 can't give you every category off the top of

                 my head of peace officers.  There are many in

                 various and sundry positions working in

                 district attorneys' offices and a variety of

                 other law enforcement agencies who take that

                 course, and properly so.

                            SENATOR HEVESI:    Madam President,

                 would the sponsor continue to yield?

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan, do you continue to yield?

                            SENATOR PADAVAN:    Yes.





                                                          5393



                            SENATOR HEVESI:    Senator Padavan,

                 yesterday this house, I believe unanimously,

                 passed a piece of legislation sponsored by

                 Senator Velella which gave New York City

                 traffic enforcement agent level 3 and 4

                 employees the ability to extend the peace

                 officer powers that they currently have when

                 they're on duty to when they are off duty.

                            And the category of individuals

                 also contained -- already contained with that

                 coverage included taxi inspectors and other

                 individuals who all wanted the additional

                 power.

                            This legislation seeks to remove

                 it, and I understand the training purpose of

                 it.  But can you account for that?

                            SENATOR PADAVAN:    It doesn't

                 remove the power of the peace officer status.

                 What it removes is the requirement for a

                 35-hour course where much of the curriculum -

                 virtually all of it -- has no relevance to

                 fire officers and duties they perform.

                            In lieu of that, the department has

                 an 8-hour program where they teach

                 firefighters those things relevant to being a





                                                          5394



                 peace officer that are applicable to the

                 duties of a fire department.

                            SENATOR HEVESI:    Thank you.

                 Madam President, will the sponsor continue to

                 yield?

                            ACTING PRESIDENT McGEE:    Senator

                 Padavan, will you continue to yield?

                            SENATOR PADAVAN:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR HEVESI:    Senator, my

                 apologies.  I didn't phrase that question

                 correctly.

                            The purpose of me bringing up what

                 happened yesterday was that since we are

                 affording these other individuals the peace

                 officer powers when they are off duty, we

                 certainly wouldn't want to remove their

                 training.

                            And what I'm suggesting to you is

                 that if those individuals have those powers,

                 and Senator Velella argued quite well that

                 they need those powers when they're off duty,

                 that firefighters every once in a while -- and

                 I believe it happened again this year -- wind





                                                          5395



                 up witnessing crimes in progress.  Since there

                 are thousands of New York City firefighters on

                 the streets, they apprehend criminals all the

                 time and may even be engaged in activities

                 where training such as the training that they

                 currently receive, but would no longer receive

                 in this bill, would be a good idea.

                            And that's my concern.  Can you

                 address that?

                            SENATOR PADAVAN:    Yes, I can.

                            Firefighters operate not only under

                 the law but also under the regulations that

                 are promulgated by that agency.  In those

                 regulations, they are expressly forbidden from

                 involving themselves in what we would

                 generally categorize as police activities -

                 making arrests, intervening in armed or other

                 types of assaults.  So they are kept out of

                 that on a very, very specific -- by very, very

                 specific regulations.

                            So that brings us back to where we

                 were a little while ago, to send them away for

                 a week in an intensive course on something

                 they have no relevance to, either on duty or

                 off duty.





                                                          5396



                            Senator Velella's bill the other

                 day simply extended the hours that those peace

                 officers -- namely, traffic officials -- would

                 be protected by virtue of what they might have

                 to do.  He explained a traffic violation

                 officer, leaving on their way home, still in

                 uniform, might be attacked by someone.  And

                 that's happened.  He wanted them to have the

                 same ability off duty as they do on duty to

                 deal with that circumstance.

                            So I would submit to you that has

                 absolutely nothing to do with a firefighter.

                            SENATOR HEVESI:    On the bill,

                 Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Hevesi, on the bill.

                            SENATOR HEVESI:    I appreciate the

                 explanation.

                            The difference here is that we

                 would now be removing training for

                 firefighters but not removing their powers.

                 And with respect to Senator Padavan, I

                 understand that their guidelines encourage

                 them not to intercede in particular

                 situations.  They do it.  And they do it with





                                                          5397



                 some regularity.  So I'm not sure that this is

                 the most prudent piece of public policy that's

                 come before us.

                            Having said that, I know that

                 Commissioner Von Essen supports this

                 legislation and the administration of the City

                 of New York support this legislation, in that

                 it would provide much greater flexibility in

                 the training schedule for firefighters in New

                 York City.

                            So I'm going to support this

                 legislation, with some slight reservations

                 that I don't want to remove training without

                 removing the powers that the training is

                 supposed to come along with.  That's what

                 we're doing here.

                            So with reservation, I'm going to

                 support this bill, doing so because I trust

                 Tom Von Essen, the New York City Fire

                 Commissioner, and the city administration,

                 that they certainly would not have requested

                 this were it not in the best public interest

                 and if it would compromise public safety.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.





                                                          5398



                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1475, substituted earlier today by Member of

                 the Assembly Harenberg, Assembly Print Number

                 6997A, an act to amend the Real Property Tax

                 Law, in relation to exempting.

                            ACTING PRESIDENT McGEE:    Senator

                 LaValle, an explanation has been requested.

                            SENATOR LAVALLE:    Madam

                 President, very simply, this is a

                 first-time-homebuyers piece of legislation

                 that would give that first-time homebuyer real

                 property tax relief for a period of time.

                 They would incur a 50 percent tax liability in

                 the first year, and that would be increased by

                 10 percent over the next five years, until

                 they would pay 100 percent real property tax.





                                                          5399



                            This allows all of the

                 municipalities -- county, town, school

                 district -- to opt into this if they wish to

                 do it, as we do with other real property tax

                 abatement laws, particularly for senior

                 citizens.  We follow the SONYMA parameters for

                 income qualification and the price of the

                 home.

                            We allow in this legislation a

                 15 percent addition over and above the SONYMA

                 standard for the cost of home.  And we allow

                 the locality, by local resolution, to increase

                 that another 10 percent beyond our 15 percent

                 addition.

                            And that's basically the

                 legislation, Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Will the

                 sponsor yield for a couple of questions, Madam

                 President?

                            ACTING PRESIDENT McGEE:    Senator

                 LaValle, will you yield?

                            SENATOR LAVALLE:    Yes.

                            ACTING PRESIDENT McGEE:    The





                                                          5400



                 Senator yields.

                            SENATOR DOLLINGER:    Just explain

                 to me, Senator LaValle -- I hurriedly read the

                 bill.  This applies to newly constructed

                 residential homes.  And I know there's a

                 definition.  I believe the definition says

                 that that both means those who are constructed

                 from scratch and some type of additional

                 capital improvement.  Could you just describe

                 how that works for me?

                            SENATOR LAVALLE:    Yes.  Yes.  If

                 you purchased an older home -- and one of

                 the -- in the bill that we passed in 1996,

                 there was discussion on the issue of why are

                 we doing this for only new construction.  And

                 so what we allow is for reconstruction,

                 alteration or improvement for the value that

                 exceeds $3,000 in assessed valuation to the

                 primary residence.

                            And the tax abatement would be not

                 on the home portion, but the tax abatement

                 would be on the improvement.

                            SENATOR DOLLINGER:    Again,

                 through you, Madam President, if Senator

                 LaValle would continue to yield.





                                                          5401



                            Just so I understand that, if you

                 bought a $100,000 house -- and I'm just using

                 it as an example -

                            SENATOR LAVALLE:    And put in

                 another 100,000.

                            SENATOR DOLLINGER:    If you put in

                 another $100,000, the abatement would be on

                 only the $100,000 -

                            SENATOR LAVALLE:    That is

                 correct.

                            SENATOR DOLLINGER:    Okay.

                 Through you, Madam President, if Senator

                 LaValle will continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 LaValle, will you continue to yield?

                            SENATOR LAVALLE:    Yes.  Be

                 pleased to.

                            ACTING PRESIDENT McGEE:    Senator

                 LaValle yields.

                            SENATOR DOLLINGER:    Would you

                 just explain -- again, briefly, and sort of in

                 general terms -- who qualifies for this?  I

                 know we use the SONYMA program.  I'm only

                 concerned about the income level, because -

                            SENATOR LAVALLE:    Yes, I'll take





                                                          5402



                 Rochester.  The SONYMA purchase price limits

                 are in regions:  Buffalo, Rochester, Syracuse,

                 Binghamton, Mid-Hudson, Long Island -- Capital

                 District, Mohawk Valley, and then downstate

                 would be Long Island and New York City.

                            Let us take -- what is your county?

                 Monroe.

                            SENATOR DOLLINGER:    Rochester,

                 Monroe.

                            SENATOR LAVALLE:    For Monroe

                 County, a targeted area -- that is, where HUD

                 says this is an area that we want to

                 improve -- we allow for a purchase price of

                 168,600.  That is increased, remember,

                 Senator, I said by another 15 percent factor.

                 So we increase the SONYMA factor of 168,600 by

                 15 percent.  In a nontargeted area, the price

                 is $138,000.

                            Now let me go to the income

                 qualification.  In Monroe County, individuals

                 in a targeted area would have incomes of

                 $64,320 or less.  In a nontargeted area, they

                 would have an income of $53,600 or less for a

                 one-or-two-person household.  That increases

                 if the number of persons are greater than two.





                                                          5403



                 For instance, a three-plus-person household,

                 the income in a targeted area could be $75,040

                 or less, and in a nontargeted area, $61,640.

                 That is for Monroe County.

                            Each county, as you know, under the

                 SONYMA program has different income levels and

                 different purchase price levels.

                            SENATOR DOLLINGER:    Okay.  Again,

                 through you, Madam President, if Senator

                 LaValle would just help me think this through.

                            ACTING PRESIDENT McGEE:    Senator

                 LaValle, will you help Senator Dollinger think

                 this through?

                            (Laughter.)

                            SENATOR LAVALLE:    I am most

                 pleased to do that.

                            ACTING PRESIDENT McGEE:    Thank

                 you.

                            SENATOR DOLLINGER:    I'm trying to

                 get a picture, Senator, of who is going to

                 actually use this program.  A $138,000 home is

                 a relatively expensive house in Rochester, New

                 York, or Monroe County.  And my concern is, is

                 the income level, the limation high enough so

                 you can qualify to buy the house?





                                                          5404



                            You know, my guess is that you

                 probably need a relatively significant income

                 to buy a $138,000 house.  And my question is,

                 you know, will somebody actually be able,

                 given the limation on the kind of house you

                 can buy and the income requirements, will they

                 actually be able to qualify for the mortgage

                 to qualify for this program?

                            SENATOR LAVALLE:    Senator, the

                 family in the home building industry and

                 others who are supporting this certainly

                 believe so.

                            As you might recall, whenever we

                 discuss these issues, the Legislature, in

                 terms of public policy, has taken the position

                 that while we'd like to do this for everyone,

                 it's just not practical.  And so we try to

                 limit that.

                            Here, we limit it in such a way in

                 a tried and true program, which is the SONYMA

                 program.  And it's literally helped thousands

                 and thousands of particularly young people,

                 first starting out, to purchase that first

                 home, their first dream.

                            So we didn't want to reinvent the





                                                          5405



                 wheel.  We wanted to go with something that is

                 tried and established and proven.  And while

                 we may think that some of these incomes are

                 low, it works.  And people apply for these

                 throughout the state.

                            On Long Island, for instance, the

                 income is significantly higher.  In a targeted

                 area in both Nassau and Suffolk counties, the

                 income qualification would be $87,960 and, in

                 a nontargeted area, $73,300.

                            I'm reading these figures, Senator,

                 right out of the SONYMA book.  So these are

                 not conjecture on my part, they are exact in

                 terms of -- dated February 26, '99.  So it's

                 the latest book I could get available.

                            SENATOR DOLLINGER:    One other

                 question, Madam President, for Senator

                 LaValle, if he will continue to yield.

                            SENATOR LAVALLE:    Yes.

                            SENATOR DOLLINGER:    How does the

                 repayment position -- again, I read this

                 briefly, Senator.  I just want to make sure I

                 understand.

                            The way I understand it is that if

                 you buy the house and you get your 50 percent





                                                          5406



                 tax deduction and you leave, then at that

                 point the abatement ceases.

                            My question is, is there any

                 provision in there that would require the

                 first-time homeowner to repay it, since they

                 have gotten -- as I understand it, the theory

                 here is to require a five-year residency.  In

                 other words, to not only encourage first-home

                 purchase, but to encourage owners to stay in

                 those homes for a period of time.

                            SENATOR LAVALLE:    The local law

                 may provide for the recapture of any exemption

                 that has ceased.  The owner shall pay the

                 amount of taxes from which they have been

                 exempted.  And if the amount were to remain

                 unpaid, it would become a lien on the

                 property.

                            SENATOR DOLLINGER:    Just for

                 my -- where is that in the bill, Senator?  Do

                 you have it in the bill here?

                            SENATOR LAVALLE:    Yup.  It's on

                 page 3, Section 6B.

                            SENATOR DOLLINGER:    I just want

                 to ask this question -- again, through you,

                 Madam President -- I don't see the recapture





                                                          5407



                 provision there that you just mentioned.  I

                 see that the exemption shall cease when they

                 move out, but I don't see the provision that

                 suggests that there's a recapture of the

                 benefit that the first-time owner had gotten.

                            That's why I asked.

                            SENATOR LAVALLE:    We'll find it

                 for you in a minute.

                            Page 2, Section 1, lines 24, 25.

                            SENATOR DOLLINGER:    Got it.

                            SENATOR LAVALLE:    Okay?  The

                 length of such exemption shall be set forth

                 for local law or resolution, but in no event

                 shall exceed five years.  Okay.  Such local

                 law -- you found it.

                            SENATOR DOLLINGER:    I did.

                            Through you, Madam President, if

                 Senator LaValle will continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 LaValle, do you continue to yield?

                            SENATOR LAVALLE:    Yes, I do,

                 Madam President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR DOLLINGER:    This may not





                                                          5408



                 be able to be attended to in this proceeding

                 or at this time, but I would suggest that the

                 lien may apply too late.

                            Because what happens is you sell

                 the house, you own the house, you're getting

                 the benefit of the exemption.  I sell it to

                 Senator Smith.  You don't -- the government

                 doesn't find out about the transaction until

                 after I've left the property.  Whereas I've

                 gotten the benefit of the lien.  The lien

                 would be placed on the property subsequent to

                 my sale to Senator Smith, and the lien will

                 actually be on the property when she owns it.

                            In other words, for the benefit

                 that I got as a first-time property owner, it

                 could be foisted on the second -- the

                 subsequent property owner.

                            SENATOR LAVALLE:    Senator, I

                 would think that that would -- I'm trying to

                 think whether that would show up in the title

                 report.

                            SENATOR DOLLINGER:    That's a very

                 good question, whether the exemption would

                 show up in the title report.  I'm not sure it

                 would.  I don't know that other exemptions





                                                          5409



                 show up in the title reports.

                            SENATOR LAVALLE:    That's my

                 sense.  It would show up in the tax search,

                 and that would show up in the title report.

                            SENATOR DOLLINGER:    Through you,

                 Madam President, is there anything in this

                 bill that suggests that the government -- the

                 lien would have to be discharged prior to the

                 transfer of the property?

                            SENATOR LAVALLE:    No, Senator.

                 But I think, as you know, that the bank -- any

                 bank would not close with such a -- I think

                 you would know that as -

                            SENATOR DOLLINGER:    Right.

                 That's probably true.

                            Just one final question, Madam

                 President.  And this is on a philosophical

                 level for Senator LaValle, rather than a

                 technical issue in the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 LaValle, will you suffer a philosophical

                 question?

                            SENATOR LAVALLE:    Absolutely.

                            ACTING PRESIDENT McGEE:    Thank

                 you.





                                                          5410



                            SENATOR DOLLINGER:    One of the

                 questions about first-time homeownership -

                 and this bill, as I read it, is clearly driven

                 to new construction of first-time homes.

                 Because if you buy a new home that is newly

                 constructed, you will get a tax exemption for

                 50 percent, a very significant amount of

                 investment.

                            How does this affect older

                 communities like the community I represent,

                 the city of Rochester, which has an older

                 housing stock?  In many cases the homes are

                 fully built out, they don't need significant

                 new capital improvements.  Wouldn't this take

                 first-time homebuyers and drive them away from

                 buying an older house in the city -

                            SENATOR LAVALLE:    No.

                            SENATOR DOLLINGER:    -- and

                 instead driving them to build a house -

                 again, I'll use an example close to Senator

                 LaValle's home -- further out in Suffolk

                 County, where there are more new homes?

                            Are we driving people away, perhaps

                 unintentionally, from reinvesting in older

                 cities and neighborhoods to suburban





                                                          5411



                 communities where they're building brand-new

                 homes?

                            SENATOR LAVALLE:    Senator

                 Dollinger, first I'd like to compliment you on

                 the questions you've asked, because I think

                 they've been very direct, focused, and things

                 that I think this body should have information

                 on before they vote on the bill.

                            SENATOR DOLLINGER:    Thank you.

                            SENATOR LAVALLE:    The last

                 question, which you pass off as a

                 philosophical question, is actually a very

                 good question.

                            Today the number of properties that

                 are available are actually quite low, the

                 number of properties that any broker carries.

                 They need properties.  They are trying to get

                 listings, because young people and also people

                 of all ages are really out there trying to get

                 into a home.

                            And what has happened -- and I can

                 speak only for Long Island -- is that because

                 they do not have an inventory that is big

                 enough, people are buying an older home and

                 then investing significant dollars into





                                                          5412



                 retrofitting and expanding.

                            So the example that you used of a

                 purchase of 100,000 and investing another

                 100,000 to expand that house is probably

                 closer to reality in today's market as I can

                 only speak of on Long Island.

                            So in previous discussions on this

                 bill, when we addressed only new construction

                 people said, "Well, what about older homes?"

                 And actually today it becomes very, very

                 relevant, because real estate people have very

                 low inventories on new homes -- on all types

                 of homes, as a matter of fact.

                            So this bill will go a long way,

                 Senator, in helping particularly those young

                 people who need a boost to get their first

                 home.

                            SENATOR DOLLINGER:    Thank you,

                 Senator LaValle.

                            I'll commend Senator LaValle in

                 response.  Good answers, solid answers, good

                 discussion.

                            Madam President, I'm going to vote

                 in favor of this bill, but I would just -

                            ACTING PRESIDENT McGEE:    Senator





                                                          5413



                 Dollinger, on the bill.

                            SENATOR DOLLINGER:    -- add a

                 caution briefly to Senator LaValle's remarks.

                            I agree, and I think we've set the

                 property investment number in order to qualify

                 for the program low enough.  It's only $3,000,

                 it's low enough.  But in essence, this bill

                 still drives most of the focus toward the

                 construction of new homes.  And as a

                 consequence, this bill may unintentionally

                 drive the debate about growth more to the

                 suburbs than reinvestments in the cities.

                            And I think that's a potential

                 problem, because at least from my experience,

                 Senator LaValle, people who struggle to get

                 the down payment for their first home aren't

                 in a position where they can put $100,000 of

                 new investment in.  Oftentimes their

                 investment is very meager.  Sometimes it can't

                 be made within the 90-day period that this

                 exemption will require.

                            You get -- people have to struggle

                 to make the down payment, they get the keys to

                 their first house, they anticipate a growth in

                 their income so they'll be able to pay for it





                                                          5414



                 easier two or three years from now, they'll be

                 able to make the kind of capital investment in

                 an old house that's necessary to modernize it

                 and improve it.

                            And I'm just concerned -- and I'm

                 going to vote in favor of this -- I'm just

                 concerned that by drawing this somewhat

                 narrowly, in an attempt to give an incentive

                 to new construction and substantial remodeling

                 and rehabilitation of housing, what you may do

                 is you may end up simply promoting greater

                 growth in the distant suburbs and diminishing

                 the potential for the use of this program in

                 our older, urban neighborhoods.

                            And so I, who represent a community

                 loaded with older, urban neighborhoods, am

                 very concerned about whether we're giving the

                 same incentives for reinvestment in cities and

                 in neighborhoods close to cities that we are

                 giving to neighborhoods that are a long ways

                 away from cities that have lots of open land.

                            I'll conclude with one other

                 comment, Madam President.  I appreciate that

                 this bill may become law and that Senator

                 LaValle's idea will be a part of the statewide





                                                          5415



                 debate to encourage new homeownership.  I

                 still think, however, that the better idea, if

                 we would get to it, would be to give a rebate

                 of the mortgage taxes for those who are

                 first-time homebuyers.  Because that's an

                 instantaneous savings right at the time of

                 closing.  We could do it very easily with

                 respect with income limits.

                            It's, in my judgment, a better way

                 to promote first-time home ownership, to

                 rebate the mortgage tax.  It's a one-time hit

                 on local communities instead of a phasing-in

                 of the assessment reduction.  And I think that

                 that would be a better spur to providing

                 first-time home ownership.

                            I'm going to vote in favor of this

                 bill, with some squeamishness about its impact

                 on the growth issue and on sprawl questions

                 that affect our cities and the future growth

                 of our state.  I think it's a good idea.  I

                 think it needs a little bit more refinement.

                 I hope that will come.  And I hope we'll just

                 keep our eye on who utilizes the program to

                 determine whether it has perhaps inadvertently

                 caused greater flight from our cities.





                                                          5416



                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            And may I take this opportunity to

                 invite everyone present to wish Tom Testo, our

                 Journal clerk, a happy birthday.

                            (Applause.)

                            SENATOR MEIER:    Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Meier.

                            SENATOR MEIER:    A parliamentary

                 inquiry.  How old is the Journal clerk?

                            (Laughter.)

                            SENATOR MEIER:    Withdrawn.

                            ACTING PRESIDENT McGEE:    You'll

                 have to file a FOIL.

                            The clerk will read.

                            THE SECRETARY:    Calendar Number





                                                          5417



                 1476, by Senator Saland, Senate Print 5398, an

                 act to amend the Social Services Law, in

                 relation to the frequency of patient plan.

                            SENATOR ADA SMITH:    Explanation,

                 please.

                            ACTING PRESIDENT McGEE:    Senator

                 Saland, an explanation has been requested.

                            SENATOR SALAND:    Thank you, Madam

                 President.

                            Madam President, this bill proposes

                 to modify the existing reassessment process by

                 which persons who live in an assisted living

                 program in adult daycare facilities are

                 currently assessed and then reassessed.

                            And the modification that's

                 proposed is one that would say that whereas

                 there's an initial assessment, subsequent

                 reassessments that occur upon change of

                 condition, but no later than 45 days, and then

                 any change in condition thereafter, at no less

                 than six-month intervals, this proposes to

                 eliminate the 45-day mandate, which is

                 believed to be both superfluous and costly.

                            It tracks language in the

                 Governor's Assisted Living Reform Act, and





                                                          5418



                 it's a proposal which is certainly strongly

                 supported by the industry.

                            SENATOR HEVESI:    Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Hevesi.

                            SENATOR HEVESI:    Would the

                 sponsor yield for a few questions, please.

                            ACTING PRESIDENT McGEE:    Senator

                 Saland, will you yield for some questions?

                            SENATOR SALAND:    Yes, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR HEVESI:    Thank you.

                            Senator, when this legislation was

                 initially enacted, and I believe it was a

                 chapter in 1991, the sponsor thought that a

                 45-day reassessment from the initial

                 assessment was a good idea.  I don't think

                 they were contemplating costs; they were

                 contemplating care.

                            Did something change that has

                 necessitated this move?

                            SENATOR SALAND:    As is the case

                 with virtually any enactment, at the time





                                                          5419



                 something is placed in law there's always the

                 opportunity to review, to reassess and

                 determine if in fact what was appropriate at

                 that time remains appropriate in conditions as

                 experienced.

                            And what has occurred here is that

                 there is a sense that, particularly given the

                 language that requires a reassessment upon any

                 change of condition or status, that could well

                 be ten days, two weeks, five weeks, eight

                 weeks out.  Nobody is being prejudiced, and

                 what is basically being done, again, is to

                 remove what has proven to be a costly and a

                 time-consuming exercise.

                            And if you look at the definition

                 of eligible persons under Section 461L, which

                 this amends, we're talking about a group of

                 people who are not necessarily ones who by

                 definition are in need of intensive or

                 emergency-setting-type care, or they wouldn't

                 be in this congregate assisted living

                 environment in the first place.

                            SENATOR HEVESI:    Thank you, Madam

                 President.  Will the sponsor continue to

                 yield?





                                                          5420



                            ACTING PRESIDENT McGEE:    Senator

                 Saland, will you continue to yield?

                            SENATOR SALAND:    Yes, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR HEVESI:    Thank you for

                 the explanation.

                            So I understand there are two

                 issues:  One is a cost issue; the other is

                 that the care is not necessary because they're

                 more frequently -- they're evaluated based on

                 need.

                            But that calls into question the

                 idea of cost.  And if they are evaluated more

                 frequently, then why is one mandated 45-day

                 assessment cost-prohibitive if they're doing

                 more frequent reevaluations?

                            So my question to you is, what is

                 the cost-prohibitive nature of doing one

                 assessment 45 days after the initial one?

                            SENATOR SALAND:    I don't

                 believe -- I don't recall using the term "cost

                 prohibitive," Senator.  I think that's your

                 perhaps summary or personalization of my





                                                          5421



                 comments.

                            What I said is that there is the

                 opportunity, as would be required by the

                 existing law or by the law as proposed to be

                 modified, for a reassessment on any change in

                 status.  That could occur at any time.

                            But to arbitrarily pick a 45-day

                 period for a reassessment has proven to be not

                 what might initially have been expected when

                 the bill was passed back in 1991.

                            SENATOR HEVESI:    One final

                 question, Madam President, if the sponsor

                 would continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Saland, will you yield for one final question?

                            SENATOR SALAND:    Yes, Madam

                 President.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR HEVESI:    Senator Saland,

                 I read the bill and I noticed that even if

                 this legislation is enacted, there would have

                 to be an assessment after six months.

                            SENATOR SALAND:    No later than

                 six months.





                                                          5422



                            SENATOR HEVESI:    No later than

                 six months.

                            So there is some consideration in

                 the legislation that there is appropriate

                 within some time frame to do an assessment.

                 I'm not concerned about the assisted living

                 facility that is a good facility, that is

                 conscientious as to the changing needs of the

                 individuals who are living there.  I'm

                 concerned about the ones that are not.

                            And I believe that the original

                 intent of the legislation, the 45 days, was to

                 protect against assisted living facilities

                 that may not be as responsive as this

                 Legislature would like them to be.

                            And so essentially what I'm asking

                 you here is, isn't this protection necessary

                 for those facilities that might not be of the

                 quality that we want them to be, and might we

                 not leave somebody vulnerable if the assisted

                 living facility is not on top of their game

                 and only reevaluates once every six months?

                            SENATOR SALAND:    Again,

                 understanding the nature of the facility,

                 we're talking about assisted living, where





                                                          5423



                 there are nursing services that are provided.

                 These are registered nurses who provide

                 professional health services, people who I

                 would like to believe would not risk their

                 licenses by refusing to do an assessment.

                            The reason for the six-month

                 remaining in the bill is rather basic.  It may

                 well be that after the initial intake and the

                 initial assessment there's no change in

                 condition or change in status.  But

                 nonetheless, after a period of time has

                 transpired or expired, there is no reason not

                 to, at some way down the line, which the

                 original legislation provided for -- in this

                 case, six months -- have that reassessment.

                            We are retaining that six-month

                 reassessment as, in effect, a fail-safe.  But

                 what we are saying is it's, in effect, on an

                 as-needed basis.  The people who are providing

                 the professional services, the nurses, those

                 health-care providers who are providing those

                 services will, upon some change in condition,

                 be able to and be required to conduct that

                 reassessment.

                            But 45 days, in effect, is a number





                                                          5424



                 that was, with the best of intentions, assumed

                 to have been an appropriate number.

                 Experience has not dictated that to be the

                 case.

                            SENATOR HEVESI:    Thank you.

                            Madam President, on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Hevesi, on the bill.

                            SENATOR HEVESI:    Thank you.

                            I appreciate what Senator Saland is

                 attempting to do with this legislation.

                 Unfortunately for me, the fact that the

                 six-month time frame is -- remains in the

                 bill, that an assessment would have to be

                 conducted after six months, suggests some kind

                 of need for reassessment.

                            Now, if the argument is that you

                 don't need to reassess more frequently because

                 the person's condition might not change, if

                 the person does not require a change in their

                 course of treatment or care, then that

                 reassessment I don't believe is going to cost

                 very much.  In fact, it's not going to cost

                 anything, as far as I know.

                            So I don't know why we would want





                                                          5425



                 to leave some folks open to an assisted living

                 facility -- and this -- you know, this is -

                 it's possible that this is not the type of

                 situation that's going to occur frequently.

                 But I don't know why it's such an impediment

                 to require a reassessment after 45 days.

                            I believe that the individuals who

                 initially sponsored this legislation thought

                 that a time period of much less than six

                 months was important for the care of

                 individuals in these facilities.  And I'm

                 looking to protect somebody in the event that

                 a facility is operated in a way that is not in

                 their best interest.

                            I don't believe the 45-day

                 reassessment is an onerous burden.  I don't

                 believe it's cost-prohibitive, which is

                 suggested by this legislation, despite the

                 fact that Senator Saland did not use those

                 words.  But cost is a factor with this.

                            And as a result, I'm going to

                 oppose this bill, Madam President.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This





                                                          5426



                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 2.  Senators Gentile and Hevesi recorded in

                 the negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1480, Senator Velella moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 10335A and substitute it

                 for the identical Senate Bill Number 7636A,

                 Third Reading Calendar 1480.

                            ACTING PRESIDENT McGEE:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1480, by Member of the Assembly Klein,

                 Assembly Print Number 10335A, an act to amend

                 the -

                            SENATOR MEIER:    Lay it aside

                 temporarily, please.

                            ACTING PRESIDENT McGEE:    The bill





                                                          5427



                 is laid aside temporarily.

                            THE SECRETARY:    Calendar Number

                 1483, by Senator Hannon, Senate Print 7895, an

                 act to amend the Public Health Law, in

                 relation to the implementation of the Tobacco

                 Master Settlement Agreement.

                            SENATOR DOLLINGER:    Explanation,

                 Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Hannon, an explanation has been requested.

                            SENATOR HANNON:    Thank you, Madam

                 President.

                            This bill is essentially an

                 implementation of the Master Settlement

                 Agreement, in the specifics of it.  It's in

                 this house because it's a program bill of the

                 Attorney General, the Attorney General, of

                 course, representing the state in the

                 litigation against the tobacco companies.

                            Specifically, it would do a number

                 of different things.  I'll just briefly

                 summarize them.

                            Prohibiting advertising, promotion

                 and marketing of tobacco products to children.

                 Limitations on tobacco sponsorships.





                                                          5428



                 Limitations on outdoor and transit

                 advertising.  Limitations on use of tobacco

                 brand-name merchandise.  Limitations on free

                 tobacco products to children.  Limitations on

                 coupons to kids.  Prohibits the licensing of

                 tobacco brand names to third parties.

                 Prohibits the use of non-tobacco brand names

                 on tobacco products.  Prohibits the

                 manufacture or sale of cigarettes in packs of

                 fewer than 20.  Prohibits agreements to

                 suppress research into health consequences of

                 smoking, and prohibits material

                 representations of fact regarding the health

                 consequences of smoking.

                            Obviously some of these topics have

                 been touched upon by either existing statute

                 or other proposals before this house.  But

                 this is an implementation so that the

                 provisions of the Master Settlement Agreement

                 will apply to all companies selling or

                 manufacturing tobacco.

                            ACTING PRESIDENT McGEE:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Just one

                 question, Madam President.  And I appreciate





                                                          5429



                 Senator Hannon's explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Hannon, will you yield?

                            SENATOR HANNON:    Yes.

                            SENATOR DOLLINGER:    Is there

                 anything in this bill that alters the scope,

                 goes beyond the scope of the Master Settlement

                 Agreement?  Is there anything in here that

                 we've done that -- you know, there's been

                 suggestion that they'll be doing some things

                 here that are not specifically addressed.

                            SENATOR HANNON:    There are a

                 couple of things.

                            And about half an hour ago, I was

                 handed a memo in regard -- from one of

                 companies in regard to this.  And I've had a

                 chance to read the memo, and to the best of my

                 legal ability to understand it, I would make a

                 couple of comments to you, Senator.

                            It does raise basically the age to

                 21 in regard to purchasing and possessing

                 cigarettes.  But I'm trying to read this.  It

                 essentially raises it to 21.

                            The difficulty I have, and I need

                 to get into the statutes, is we do have





                                                          5430



                 sometimes what is sale and what is purchase.

                 We define those differently both for

                 cigarettes and alcohol.  And you'll just have

                 to give me a little lead time to get the

                 specifics of that.

                            SENATOR DOLLINGER:    That's fine.

                 Again, through you, Madam President.  My

                 understanding generally is that it increases

                 it to 21, which is a concept that I've

                 supported.

                            SENATOR HANNON:    Now -- I'm

                 sorry.  And to continue, there is a point in

                 the memo that says that this bill, in regard

                 to sponsorships, would not just ban brand-name

                 sponsorships of all athletic goods.  The memo

                 claims that the MSA allows some tobacco

                 companies to sponsor such things as music

                 festivals.  And it says that this bill omits

                 this exception.

                            So to the extent of my knowledge

                 about this that goes beyond the Master

                 Settlement Agreement, those would be the two

                 items.

                            SENATOR DOLLINGER:    Through you,

                 Madam President, the explanation is fully





                                                          5431



                 satisfactory.

                            I know this is a project that the

                 Attorney General has worked hard on.  This is

                 the Attorney General's program bill.  It

                 incorporates the provision both of his

                 understanding of the Master Settlement

                 Agreement and other provisions that are

                 necessary to make the Master Settlement

                 Agreement work.

                            And so under those circumstances,

                 Madam President, I think it's the right thing

                 to do, long overdue.  I commend the Attorney

                 General for bringing it this far and carrying

                 this important piece of legislation forward.

                            Thank you.

                            SENATOR HANNON:    Senator

                 Dollinger's question -- and I -- frankly, I

                 want to be sure.  But his question points

                 outside -- and since I'm only reading the memo

                 in opposition, and I have -- which they failed

                 to send to me except to give to me a half hour

                 ago, I'd like to go to the library and get a

                 full explanation of what you -- the questions

                 you're asking, so that I can be fair.

                            This is something for the record.





                                                          5432



                 And I'd just like to be accurate.

                            Could we lay this aside for the

                 time being and bring it up later?  And I will

                 tell Senator Dollinger when we're going to

                 bring it up so he can be sure to ask whatever

                 questions are appropriate at that time.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside at the sponsor's question.

                            SENATOR HANNON:    Thank you.

                            THE SECRETARY:    Calendar Number

                 1495, by Senator Velella, Senate Print 8076,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to the designation.

                            SENATOR PATERSON:    Explanation,

                 please.

                            SENATOR MEIER:    Lay it aside

                 temporarily, please.

                            ACTING PRESIDENT McGEE:    The bill

                 is laid aside temporarily.

                            Oh, remove the lay-aside.

                            Senator Velella, an explanation has

                 been requested of 1495.

                            SENATOR VELELLA:    If you'd allow

                 me to come back to that in a minute.

                            ACTING PRESIDENT McGEE:





                                                          5433



                 Temporarily lay the bill aside.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1497, by the Senate Committee on Rules, Senate

                 Print Number 8096, an act in relation to the

                 awarding of contracts.

                            SENATOR PATERSON:    Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Meier, an explanation has been requested.

                            SENATOR MEIER:    Madam President,

                 could we lay that bill aside temporarily and

                 call up Calendar 1498.

                            ACTING PRESIDENT McGEE:    The bill

                 has been laid aside temporarily.

                            SENATOR MEIER:    Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Meier.

                            SENATOR MEIER:    Could we call up

                 Calendar 1497.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read Calendar Number 1497.

                            THE SECRETARY:    Calendar Number

                 1497, by the Senate Committee on Rules, Senate

                 Print Number 8096, an act in relation to the

                 awarding of contracts.





                                                          5434



                            ACTING PRESIDENT McGEE:    Senator

                 Paterson.

                            SENATOR PATERSON:    Madam

                 President, this -- Madam President, I thought

                 the lights were about to go out here.

                            Madam President, this bill allows

                 for the school district, in the awarding of

                 contracts, to do it by the request for

                 proposal process rather than through

                 competitive bidding.  If Senator Meier would

                 yield for a question, I wanted to know if he

                 could explain to us why that would be the

                 case.

                            SENATOR MEIER:    Madam President,

                 would you recognize Senator Kuhl for that

                 purpose, please.

                            ACTING PRESIDENT McGEE:    Senator

                 Kuhl, there has been an explanation requested

                 by Senator Paterson.  Will you yield?

                            SENATOR KUHL:    Yes, I yield for

                 Senator Paterson.  Happy to.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields, Senator Paterson.

                            SENATOR KUHL:    Senator Paterson,

                 you had a question?





                                                          5435



                            ACTING PRESIDENT McGEE:    Senator

                 Paterson, would you repeat your question?

                            SENATOR PATERSON:    Madam

                 President, through you to Senator Kuhl, by way

                 of Senator Meier.

                            This is my question.  The school

                 district, in this legislation, will be allowed

                 to award contracts through the RFP process

                 rather than competitive bidding.  Any of the

                 three of you, but preferably Senator Kuhl,

                 might want to inform me why this change is

                 necessary.

                            ACTING PRESIDENT McGEE:    Senator

                 Kuhl.

                            SENATOR KUHL:    As best I can,

                 Senator Paterson.  We currently have the

                 availability of school districts to enter into

                 energy-savings contracts.  The Liverpool

                 School District in this particular case has

                 been discussing not only an energy-savings

                 contract with a provider, but also there are

                 some telecommunication provisions, like the

                 provider is offering free computers and

                 other -- some fiber-optic kinds of connections

                 and things like that.





                                                          5436



                            And we've had a problem with being

                 able to get other providers participating in

                 this, number one, but also getting the

                 Education Department to agree that this is

                 available under current statute.

                            So what we've done is come forth

                 with a bill that will allow them to advance

                 the contract that they're currently trying to

                 enter into with this provider and the school

                 district, in between the two of them, and also

                 accomplish all the things that the provider is

                 offering to the school district.

                            SENATOR PATERSON:    Very good,

                 Madam President.  I was mired in confusion,

                 but now I'm cool.

                            ACTING PRESIDENT McGEE:    Are you

                 unmired now, Senator Paterson?

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill





                                                          5437



                 is passed.

                            Senator Meier.

                            SENATOR MEIER:    Madam President,

                 could you call up Calendar Number 1495,

                 please.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1495, by Senator Velella, Senate Print 8076,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to the designation of correction

                 vehicle.

                            SENATOR DUANE:    Explanation,

                 please.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, an explanation has been requested by

                 Senator Duane.

                            SENATOR VELELLA:    Yes, Senator.

                 This bill will allow New York State Department

                 of Correction vehicles, when operating within

                 the city of New York, to be designated as

                 emergency vehicles and have the same rights as

                 vehicles that are operated by the New York

                 City Department of Corrections.

                            These are vehicles which are used





                                                          5438



                 to transport prisoners from one prison to

                 another, back and forth to courts or to

                 medical facilities.  The New York City

                 Department of Corrections is allowed to pass

                 red lights, perform emergency movements as

                 emergency vehicles.

                            The Department of Corrections for

                 the State of New York, while in the city only,

                 does not have that same right.

                            This would give parity to both the

                 New York State Department of Corrections

                 vehicle as a New York City Department of

                 Corrections vehicle has.

                            ACTING PRESIDENT McGEE:    Senator

                 Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.  Would the sponsor yield?

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, do you continue to yield?

                            SENATOR VELELLA:    Sure.  Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR DUANE:    Thank you, Madam

                 President.  If the sponsor would just tell me

                 again what some of those rights are.





                                                          5439



                            SENATOR VELELLA:    Anything that

                 an emergency vehicle would do.  For instance,

                 passing a red light, moving faster in traffic

                 than would be the posted traffic designated

                 speed limit.  Only in emergency situations,

                 which must be justified by the driver should

                 he be called to account for them.

                            In other words, a State Department

                 of Corrections bus transporting a group of

                 prisoners cannot just come through the city

                 and pass, willy-nilly, red lights and speed

                 down the street.  Only in emergency situations

                 do they have that designation as an emergency

                 vehicle.

                            Pretty much -- well, we have that

                 same condition with New York City Department

                 of Correction vehicles, but pretty much the

                 way a police car should be operated:  Normally

                 obeying all the traffic regulations except in

                 an emergency situation where it has to

                 respond.

                            SENATOR DUANE:    Through you,

                 Madam President, if the sponsor would continue

                 to yield.

                            ACTING PRESIDENT McGEE:    Senator





                                                          5440



                 Velella, will you continue to yield?

                            SENATOR VELELLA:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR DUANE:    Thank you.  Why

                 would a state correctional vehicle ever have

                 to drive through a red light?

                            SENATOR VELELLA:    If a passenger

                 on the bus were in some kind of an emergency

                 situation, getting a heart attack, sick.  If

                 the bus was breaking out into a riot and they

                 wanted to get somewhere.  Somebody trying to

                 get the guy out of the bus, break -- stop the

                 bus and get a prisoner off the bus and free

                 him.

                            Any -- whatever your imagination on

                 any emergency situation could create, that

                 would be it.

                            SENATOR DUANE:    Through you,

                 Madam President, if the sponsor would continue

                 to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, will you continue to yield?

                            SENATOR VELELLA:    Yes.

                            ACTING PRESIDENT McGEE:    The





                                                          5441



                 Senator yields, Senator Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.

                            In my imagination, in those

                 particular scenarios I don't see -- I mean, if

                 anybody is having a heart attack in any

                 vehicle, I would assume that they are provided

                 with some leeway in terms of the traffic

                 regulations.  Or if there's an imminent birth

                 or something like that, the police are usually

                 very lax for those -

                            SENATOR VELELLA:    If you'd suffer

                 an interruption, Senator, I left out an

                 important point which my counsel just told me

                 about which probably would clear up your

                 problem.

                            It also allows them to have the

                 emergency flashing lights and emergency

                 designations and sirens and whistles and

                 whatever it is so that they could proceed

                 through those traffic control devices or

                 swiftly through traffic.

                            And it would allow state correction

                 vehicles to use those in the city of New York,

                 which now brings a lot more sense to the





                                                          5442



                 subject that you were discussing.

                            SENATOR DUANE:    Through you,

                 Madam President, if the sponsor would continue

                 to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, will you continue to yield?

                            SENATOR VELELLA:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator continues to yield.

                            SENATOR DUANE:    Thank you, Madam

                 President.  I'm very, very grateful for the

                 additional information of the lights and the

                 sirens and everything.

                            But I still don't understand, in

                 the scenarios which we're imagining, why there

                 would be a use for those particular -- if

                 there was someone having a heart attach or a

                 prisoner giving birth, again, I believe the

                 police would be lax in the enforcement of

                 traffic laws and resolutions.  If there's a

                 riot breaking out on the bus, I actually think

                 it probably is not a good idea to drive even

                 faster.  And I forget what the other scenario

                 is, but I have just as good a comeback for

                 that one.





                                                          5443



                            So I'd like to -

                            SENATOR VELELLA:    Is there a

                 question mark at the end of this request to

                 yield?

                            SENATOR DUANE:    I'm yielding to

                 you now, Senator.

                            SENATOR VELELLA:    Oh, okay.  Are

                 you asking me is that correct?  No, it is not.

                            SENATOR DUANE:    That was not my

                 question.  But it's a good question.

                            I'm wondering how it is that it has

                 come up -- are there any recent incidents

                 which have made it so that this law is so

                 necessary to be voted upon and so that the law

                 is changed for the state correctional vehicles

                 in the city of New York?

                            SENATOR VELELLA:    Senator, I

                 don't know if there are any current incidents

                 that I could point to.

                            However, let me say that if the

                 Department of Corrections of the State of New

                 York is driving in the city of New York, which

                 as I think you would know, having come from

                 probably one of the busiest boroughs of the

                 city of New York, traffic is very, very dense





                                                          5444



                 in the city of New York.  And if there is an

                 emergency of any nature -- heart attack,

                 diabetes reaction -- I mean, you can go on and

                 on and on.  A riot.  Somebody trying to get

                 one of these prisoners off the bus.  Somebody

                 throwing rocks at the bus.  Whatever it is.

                 That bus may decide to speed up and pass red

                 lights and move quickly and get those

                 prisoners moved somewhere else or get to a

                 hospital to get assistance or get somewhere

                 where they can get some additional manpower to

                 help.

                            I would think that you, as a very

                 responsible legislator, would want to give

                 notice to the other passengers -- to the other

                 people in cars around our city that here comes

                 a bus in an emergency situation, look out,

                 there's a siren going, there's a red light

                 flashing, and the driver is a responsible

                 correction officer who has decided that in the

                 interests of the safety of the passengers and

                 the people that are involved in this process,

                 he needs to do an emergency action and pass

                 red lights and speed the bus up and the red

                 lights and the sirens and the whistles and the





                                                          5445



                 bells will let the rest of the public know to

                 get out of the way, we got an emergency here,

                 move out of the way.

                            I don't think you, Senator, would

                 want to stop the public from getting that

                 knowledge that this big bus is bearing down on

                 their little Volkswagen and they have to move

                 out of the way so that this bus can get to a

                 hospital to help some poor individual inmate

                 who may be under some distress.  Would you?

                            ACTING PRESIDENT McGEE:    Senator

                 Duane, do you yield for the question from

                 Senator Velella?

                            SENATOR DUANE:    Is the Senator

                 asking me to yield?

                            SENATOR VELELLA:    No, Senator, I

                 don't have any questions.  I understand the

                 bill.  That was a rhetorical question.

                            ACTING PRESIDENT McGEE:    Senator

                 Duane.

                            SENATOR DUANE:    Thank you, Madam

                 President.  On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Duane, on the bill.

                            SENATOR DUANE:    I believe that





                                                          5446



                 among all the members of the Senate I

                 personally have the most experience riding in

                 correctional vehicles.

                            (Laughter.)

                            SENATOR VELELLA:    We'll have

                 certain people excluded from the emergency

                 provision if you are.

                            SENATOR DUANE:    And I can't say

                 that they were ever a comfortable ride.  And

                 traffic did delay my arrival at central

                 booking from time to time.  That is true, it

                 did happen.

                            That said, I was never really in a

                 big hurry to get to central booking, and when

                 I got to central booking, no one ever seemed

                 to be in a big hurry to get me out either,

                 which I'm sure you can all understand as well.

                            That said, Madam President -

                            ACTING PRESIDENT McGEE:    On the

                 bill, Senator Duane.

                            SENATOR DUANE:    On the bill,

                 Madam President.

                            I'm going to vote no on the bill,

                 although I do very much appreciate the

                 clarification of the bells and the whistles





                                                          5447



                 and the lights and everything, because that

                 wasn't actually in the bill as I read it.  But

                 now that that's been clarified, it's helpful.

                 But just for my purposes, not helpful enough.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            SENATOR HEVESI:    Madam President.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Hevesi.

                            SENATOR HEVESI:    I rise to

                 request unanimous consent to be recorded in

                 the negative on Calendar 1487, Senate Print

                 7978.

                            ACTING PRESIDENT McGEE:    Without

                 objection, you will be so recorded.

                            SENATOR HEVESI:    Thank you.





                                                          5448



                            SENATOR MEIER:    Madam President,

                 may we take up Calendar Number 1480 now.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1480, substituted earlier today by Member of

                 the Assembly Klein, Assembly Print Number

                 10335A, an act to amend the Agriculture and

                 Markets Law, in relation to special powers and

                 duties.

                            SENATOR DOLLINGER:    Explanation.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, Senator Dollinger has requested an

                 explanation.

                            SENATOR VELELLA:    Madam

                 President, this bill would require that

                 supermarkets and places that serve foods would

                 have to post their inspection reports and

                 require additional inspections for them in

                 retail food stores.

                            SENATOR DOLLINGER:    Madam

                 President, if the sponsor would yield to a

                 question.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, will you yield to Senator Dollinger?





                                                          5449



                            SENATOR VELELLA:    Yes, I will.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR DOLLINGER:    Could you

                 just describe the rationale for the

                 legislation?  I'm sure that there are

                 extensive requirements under New York law for

                 inspections of retail food establishments.

                 Are these duplicative?  Is there anything new

                 in this legislation?  Why do we need to do

                 this at this time?

                            SENATOR VELELLA:    As you can see,

                 a distinguished member of the Majority in the

                 Assembly is sitting here with me to assist me

                 in this debate, because this was actually his

                 bill, which I am very supportive of, and he

                 knows the intricacies of it to assist me in

                 the debate.

                            However, the fact of the matter is

                 that 54 percent of the food stores in this

                 state have failed their health requirement

                 inspection.  That's more than half, and a

                 substantial increase over past numbers.  It is

                 a problem that is becoming much more dominant

                 in the area.  And we feel that acting





                                                          5450



                 prospectively, as these numbers are rising and

                 54 percent of the supermarkets in our state

                 are failing these health requirements, that we

                 ought to be acting aggressively to help clean

                 up the problem before it becomes a major

                 problem.

                            There have been several exposes

                 throughout the state on the condition and

                 health safety standards of these stores that

                 serve foods.

                            SENATOR DOLLINGER:    Through you,

                 Madam President, will the sponsor yield to a

                 question?

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, will you continue to yield?

                            SENATOR VELELLA:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR DOLLINGER:    Senator, how

                 much money, if any at all, did we add to the

                 state budget this year to assist the

                 Agriculture and Markets Department in

                 inspecting retail food establishments?

                            SENATOR VELELLA:    Four additional

                 inspectors.





                                                          5451



                            SENATOR DOLLINGER:    Excuse me?

                            SENATOR VELELLA:    Four additional

                 inspectors.

                            SENATOR DOLLINGER:    Through you,

                 Madam President, if Senator Velella would

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, will you continue to yield?

                            SENATOR VELELLA:    Yes.

                            ACTING PRESIDENT McGEE:    The

                 Senator yields.

                            SENATOR DOLLINGER:    Is this

                 throughout New York State we added four

                 inspectors?

                            SENATOR VELELLA:    In addition to

                 the existing force, yes.

                            SENATOR DOLLINGER:    And through

                 you, Madam President, if Senator Velella will

                 continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, will you continue to yield?

                            SENATOR VELELLA:    Yes.

                            SENATOR DOLLINGER:    How many

                 inspectors do we have currently?

                            SENATOR VELELLA:    121.





                                                          5452



                            SENATOR DOLLINGER:    So we added

                 about 2 percent to the inspection force; is

                 that correct?

                            SENATOR VELELLA:    If you did the

                 math and that's what it comes to, yes.

                            SENATOR DOLLINGER:    Close -- 2,

                 3, something like that.

                            SENATOR VELELLA:    Yes.

                            SENATOR DOLLINGER:    What

                 incidence of additional inspections do you

                 anticipate through the use of this bill,

                 through the proposal in this bill?

                            SENATOR VELELLA:    Well, first of

                 all, I would expect the additional inspections

                 by the additional manpower, whatever that can

                 be.

                            I think that we are trying to get

                 the agency itself to possibly lighten up some

                 of the paperwork and administrative burden of

                 inspectors so they could be out in the field a

                 little bit more.

                            So I couldn't give you my

                 projection on the numbers.  What I am doing is

                 saying by this legislation that we consider

                 this a severe enough problem that we want to





                                                          5453



                 inspect these facilities much more often and

                 we want to have more inspectors out there, and

                 it's an important health safety provision for

                 the people of this state.

                            SENATOR DOLLINGER:    A final

                 question, Madam President, if Senator Velella

                 would continue to yield.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella, will you continue to yield?

                            SENATOR VELELLA:    Yes.

                            SENATOR DOLLINGER:    The bill

                 requires that every retail food store be

                 inspected at least once every 12-month period.

                            SENATOR VELELLA:    Correct.

                            SENATOR DOLLINGER:    Is there a

                 current requirement in the statute for some

                 annual inspection of these facilities?

                            SENATOR VELELLA:    They do it now

                 by regulation, and this would codify the

                 regulation.

                            SENATOR DOLLINGER:    Okay.

                 Through you, Madam President, just briefly on

                 the bill.

                            I'm going to vote in favor of this

                 bill.  And this is an issue which has plagued,





                                                          5454



                 quite frankly, the community of Rochester,

                 New York, that I represent as well.  We don't

                 have enough inspections in our retail food

                 establishments.

                            We have small grocery stores, small

                 convenience stores.  Oftentimes, quite

                 frankly, they're selling old and outdated

                 food, and what they're really doing is selling

                 drugs and guns under the table.  And when we

                 go in and do a food inspection, which

                 unfortunately doesn't happen enough in

                 Rochester, New York, they're cited for

                 violations and nothing ever really happens.

                 They are fronts as grocery stores, and they're

                 really selling alcohol to minors under age and

                 selling illegal and other substances both

                 under, over and around the counter.

                            And the only thing I would suggest

                 to Senator Velella is that this bill gives

                 additional powers to a department that's

                 woefully understaffed.  What we ought to do is

                 look at the budget and put more money in the

                 budget.  Hiring four more inspectors, which I

                 think breaks down to less than one additional

                 inspector per region in this state, isn't





                                                          5455



                 enough.  We've got to put our money where our

                 language is.

                            This would be a great bill if we

                 had, frankly, 50 percent more inspectors.  I'm

                 afraid that the additional requirements in

                 this bill mean that it will become largely a

                 piece of paper and not translate into real

                 action to clean up these -- unfortunately,

                 this proliferation of small neighborhood -- we

                 used to call them mom and pops.  They're no

                 longer mom and pop, because your mom and pop

                 wasn't selling, frankly, drugs and alcohol and

                 other things over the counter in these stores.

                            But these stores nonetheless have

                 proliferated in many neighborhoods, including

                 in the city of Rochester.  It's a good thing

                 that we're turning our attention to them, but

                 let's put more resources, a couple of million

                 dollars more, into proper inspection so that

                 the words on the paper have real teeth.

                            ACTING PRESIDENT McGEE:    Senator

                 Hevesi.

                            SENATOR HEVESI:    On the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Hevesi, on the bill.





                                                          5456



                            SENATOR HEVESI:    Thank you, Madam

                 President.

                            First, in reference to Senator

                 Dollinger's comments, I hope to see a request,

                 a budgetary request for the next fiscal year

                 for additional resources so that the

                 department can adequately implement the

                 provisions of this legislation.

                            This bill is a terrific bill.  I

                 want to compliment Senator Velella and

                 Assemblyman Klein for bringing this

                 legislation before us.  And I happen to know a

                 little bit about the genesis of this

                 legislation, since several months ago

                 Assemblyman Klein exposed with a report a

                 problem that I don't believe was -- really had

                 been brought to the public attention prior to

                 his research on this.

                            And it showed that so many

                 supermarkets in New York City had horrendous

                 conditions, including rodent infestation and

                 just awful conditions.  And that, worse than

                 that -- and I bring this up because the bill

                 addresses that -- that these establishments

                 didn't seem to have as their highest priority





                                                          5457



                 remedying these problems.

                            And so this bill is terrific in a

                 number of ways, the first being that it

                 codifies, as Senator Velella said, into law

                 the annual inspections.  But if an

                 establishment fails the second inspection,

                 they no longer are required to be inspected

                 every 12 months but every six months, until

                 they pass two consecutive ones.  And on the

                 third one, most importantly, you fail three in

                 a row, that's it, you can be shut down.

                            And in that same vein, to provide

                 an incentive for organizations that are

                 running supermarkets to really do what they're

                 supposed to do, now they have to have the

                 inspection results posted conspicuously.

                            So this is terrific legislation.  I

                 want to commend Senator Velella, particularly

                 Assemblyman Klein, for bringing this to

                 everyone's attention.  This is going to

                 protect consumers who are now, as a result of

                 this bill, going to have a much greater

                 likelihood that when they go shopping in their

                 stores, that those stores are safe and that

                 the products they're buying are healthy, safe,





                                                          5458



                 and up to par.

                            And it has teeth.  Because if the

                 people who are running the stores don't do it,

                 they're going to be punished for it and

                 punished severely.

                            So hats off to Senator Velella and

                 Assemblyman Klein.  This legislation is

                 absolutely essential.  I am proud to vote in

                 the affirmative.

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Madam

                 President, on the bill.  I just rise to show

                 that -

                            ACTING PRESIDENT McGEE:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    -- to show

                 that the rampant suck-uppery around here is

                 not limited to family members.

                            I also would like to commend

                 Assemblyman Klein, who has done an

                 extraordinary job, not just on this but in

                 other areas dealing with agriculture and

                 markets and marketing.

                            And I also must commend, for his





                                                          5459



                 work on this, Senator -- Senator Velella, for

                 his fine work on this bill.

                            Thank you.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            SENATOR VELELLA:    Madam

                 President, on the bill.

                            ACTING PRESIDENT McGEE:    Senator

                 Velella.

                            SENATOR VELELLA:    I might want

                 one second to rethink, in view of the new

                 support that I've found, and praise for

                 myself, my position on this bill.

                            But let's read the last section

                 anyway.

                            ACTING PRESIDENT McGEE:    Scary,

                 yes.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill





                                                          5460



                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 would you call up Calendar Number 1485.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1485, by Senator Skelos, Senate Print 7930A,

                 an act to amend the Public Authorities Law and

                 the Tax Law, in relation to creating.

                            SENATOR SKELOS:    Madam President,

                 is there a message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    There is

                 a message of necessity at the desk, Senator

                 Skelos.

                            SENATOR SKELOS:    Move to accept.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor will say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT McGEE:    The

                 motion is accepted.





                                                          5461



                            Read the last section.

                            SENATOR DOLLINGER:    Explanation,

                 please.

                            ACTING PRESIDENT McGEE:    Senator

                 Skelos, an explanation has been requested.

                            SENATOR SKELOS:    Madam President,

                 this legislation, which is a Governor's

                 program bill -- and certainly I thank Governor

                 Pataki, as do the people of Nassau County, for

                 the leadership that he has shown.  I also

                 thank Senator Bruno, Speaker Silver, and Tom

                 DiNapoli, Assemblyman Tom DiNapoli, in the

                 Senate delegation and the Assembly delegation

                 who have worked very closely on a bipartisan

                 basis to develop this legislation.

                            We have also received a home rule

                 message from the county legislature in support

                 of this legislation.

                            What it would do, it would create

                 the Nassau County Interim Finance Authority.

                 NIFA would have oversight and would have

                 control board powers under certain

                 circumstances.

                            A seven-member board would be

                 appointed by the Governor.  The State





                                                          5462



                 Comptroller, the Senate, and the Assembly

                 would each recommend one of these

                 appointments.  Nassau County residency would

                 be required except for two of the appointments

                 by the Governor.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    There will be an

                 immediate meeting of the Finance Committee in

                 the Majority Conference Room.

                            ACTING PRESIDENT McGEE:    There

                 will be an immediate meeting of the Finance

                 Committee in the Majority Conference Room.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 would you call up Calendar Number 1486, by





                                                          5463



                 Senator Marcellino.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1486, by Senator Marcellino, Senate Print

                 7938B, an act to authorize the County of

                 Nassau and the Syosset School District.

                            SENATOR SKELOS:    Madam President,

                 is there a message of necessity at the desk?

                            ACTING PRESIDENT McGEE:    Yes,

                 Senator Skelos, there is a message of

                 necessity at the desk.

                            SENATOR SKELOS:    Move to accept.

                            ACTING PRESIDENT McGEE:    The

                 motion is to accept the message of necessity.

                 All in favor say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    Opposed,

                 nay.

                            (Response of "Aye.")

                            ACTING PRESIDENT McGEE:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.





                                                          5464



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Dollinger recorded in the

                 negative.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 would you call up Calendar Number 1498.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1498, by the Senate Committee on Rules, Senate

                 Print Number 8128, an act to amend the Racing,

                 Pari-Mutuel Wagering and Breeding Law, in

                 relation to the franchise fee paid.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            SENATOR DUANE:    Explanation,





                                                          5465



                 please.

                            ACTING PRESIDENT McGEE:    Senator

                 Larkin, an explanation has been requested.

                            SENATOR LARKIN:    By whom?

                            ACTING PRESIDENT McGEE:    Senator

                 Duane.

                            Senator Larkin, do you yield for an

                 explanation?

                            SENATOR LARKIN:    Yes, Madam

                 President.

                            ACTING PRESIDENT McGEE:    Please

                 proceed with an explanation.

                            SENATOR LARKIN:    Well, this bill

                 is a complement to the bill on subordination

                 we did about a month ago that was passed

                 unanimously.

                            But the key parts of this bill is

                 the first 2 million that NYRA would take in

                 goes to the horsemen for their purposes.  The

                 franchise tax out of this is paid at the

                 corporate franchise tax rate, in accordance

                 with the New York Tax Law, to the State of New

                 York.

                            NYRA retains any money after the

                 payment of the taxes to the state and federal





                                                          5466



                 government.  The additional monies, if there

                 is any, would be used for additional

                 improvements at the tracks and corporate

                 purposes, to further racing.

                            One other point about this here.

                 The racing at Aqueduct is reduced from 106

                 days to 95, at their request.  And it is

                 during the Christmas duration.

                            And the final part is to add to the

                 subordination that was done here before with

                 reducing the debt.

                            This is something that the tracks

                 wanted, the horsemen wanted.  It's a

                 compilation of what everybody involved in

                 racing wanted and accepted.

                            SENATOR DUANE:    Okay.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill





                                                          5467



                 is passed.

                            Senator Wright.

                            SENATOR WRIGHT:    Madam President,

                 I request unanimous consent to be recorded in

                 the negative on Calendar Number 1479.

                            ACTING PRESIDENT McGEE:    Without

                 objection, so recorded.

                            Senator Wright.

                            SENATOR WRIGHT:    Madam President,

                 I wish to call up Calendar Number 754,

                 Assembly Print Number 1213D.

                            ACTING PRESIDENT McGEE:    Motions

                 and resolutions.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 754, by Member of the Assembly Brodsky,

                 Assembly Print Number 1213D, an act to amend

                 the Social Services Law.

                            SENATOR WRIGHT:    I now move to

                 reconsider the vote by which this Assembly

                 bill was substituted for Senate Print Number

                 1469D on June 13th.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will call the roll on

                 reconsideration.





                                                          5468



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            SENATOR WRIGHT:    I now move that

                 Assembly Bill Number 1213D be recommitted to

                 the Committee on Rules and the Senate bill be

                 restored to the order of Third Reading

                 Calendar.

                            ACTING PRESIDENT McGEE:    So

                 ordered.

                            SENATOR WRIGHT:    Madam President,

                 I move to recommit Senate Print Number 5207A,

                 Calendar Number 85 on order of third reading,

                 to the Committee on Local Government, with

                 instructions to said committee to strike the

                 enacting clause.

                            ACTING PRESIDENT McGEE:    So

                 ordered.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Skelos.

                            SENATOR SKELOS:    Mr. President,

                 is there any housekeeping at the desk at this

                 point?

                            ACTING PRESIDENT WRIGHT:    Yes,

                 there is.

                            Senator Meier.





                                                          5469



                            SENATOR MEIER:    Mr. President, on

                 behalf of Senator Leibell, I wish to call up

                 his bill, Senate Print Number 7863, recalled

                 from the Assembly, and which is now at the

                 desk.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1482, by Senator Leibell, Senate Print 7863,

                 an act to amend the Public Authorities Law and

                 the Retirement and Social Security Law.

                            SENATOR MEIER:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed and ask that the bill be

                 restored to the order of third reading.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            SENATOR MEIER:    Mr. President, I

                 mow move to discharge, from the Committee on

                 Rules, Assembly Print Number 11063 and

                 substitute it for Senator Leibell's identical

                 bill.





                                                          5470



                            ACTING PRESIDENT WRIGHT:    The

                 substitution is ordered.

                            SENATOR MEIER:    Mr. President,

                 the Senate bill on first passage was passed

                 unanimously.  I now move that the substituted

                 Assembly bill have its third reading at this

                 time.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1482, by the Assembly Committee on Rules,

                 Assembly Print Number 11063, an act to amend

                 the Public Authorities Law and the Retirement

                 and Social Security Law.

                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            Senator Meier.





                                                          5471



                            SENATOR MEIER:    Thank you, Mr.

                 President.

                            On behalf of Senator Leibell, I

                 wish to call up his bill, Print Number 6315,

                 recalled from the Assembly, which is now at

                 the desk.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 349, by Senator Leibell, Senate Print 6315, an

                 act to legalize, ratify and confirm the acts

                 and proceedings.

                            SENATOR MEIER:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            SENATOR MEIER:    Mr. President, I

                 now offer the following amendments.

                            ACTING PRESIDENT WRIGHT:    The

                 amendments are received.

                            Senator Morahan.





                                                          5472



                            SENATOR MORAHAN:    Thank you, Mr.

                 President.  May I have unanimous consent to be

                 recorded in the negative on Calendar 1464.

                            ACTING PRESIDENT WRIGHT:    Without

                 objection, Senator, you will be recorded in

                 the negative.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 would you please bring up active list number

                 2 -- Supplemental Active List Number 1.

                            ACTING PRESIDENT WRIGHT:

                 Supplemental Active List Number 1.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 738, by Senator Goodman, Senate Print 7286, an

                 act to amend the Tax Law, in relation to

                 requiring.

                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.





                                                          5473



                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 797, by Member of the Assembly Cahill,

                 Assembly Print Number 7464B, an act to amend

                 the Workers' Compensation Law, in relation to

                 coverage.

                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 941, by Senator Hoffmann, Senate Print 7798A,

                 an act to amend the Agriculture and Markets

                 Law, in relation to authorizing.

                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.





                                                          5474



                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1242, by Senator Kuhl, Senate Print 7561B, an

                 act to authorize the Department of

                 Correctional Services or the Commissioner of

                 General Services.

                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1461, by Senator Velella, Senate Print 8086,

                 an act to amend the Insurance Law, in relation

                 to the definition.





                                                          5475



                            ACTING PRESIDENT WRIGHT:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT WRIGHT:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT WRIGHT:    The

                 bill is passed.

                            SENATOR SKELOS:    Mr. President.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Skelos.

                            SENATOR SKELOS:    If we could

                 return to reports of standing committees, I

                 believe there's a report of the Finance

                 Committee at the desk.  I ask that it be read.

                            ACTING PRESIDENT WRIGHT:    Reports

                 of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Stafford,

                 from the Committee on Finance, reports the

                 following nominations.

                            As a member of the Crime Victims

                 Board, Benedict Monachino, Esquire, of





                                                          5476



                 Brooklyn.

                            SENATOR SKELOS:    Please recognize

                 Senator Nozzolio.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Nozzolio.

                            SENATOR NOZZOLIO:    Thank you, Mr.

                 President.  It's with great honor that I rise

                 in support of the nomination by Governor

                 Pataki of Benedict Monachino to serve as a

                 member of the New York State Crime Victims

                 Board.

                            Mr. Monachino comes extremely well

                 qualified to this position, has demonstrated a

                 very active interest in the criminal justice

                 process, and has served in a variety of

                 capacities, in public and private capacities

                 as a counselor, involved in criminal justice

                 matters.  That most recently as a clerk,

                 principal law clerk, to the New York State

                 Supreme Court.

                            That Mr. Monachino came before the

                 Crime Victims, Crime and Corrections

                 Committee, was very keenly interested in

                 serving crime victims, demonstrated that keen

                 interest to the committee, and the committee





                                                          5477



                 was impressed with his willingness to serve

                 and the energy which he will bring to the

                 service of crime victims.

                            We ask the nominee to also keep

                 this body apprised of crime victims matters

                 and how we can make the Crime Victims

                 Compensation Board a more effective and

                 efficient advocate on behalf of crime victims.

                 And his willingness to do that was certainly

                 appreciated.

                            That we certainly are impressed and

                 voted unanimously to endorse this candidate,

                 and look forward to his full, complete

                 confirmation by the Senate.

                            SENATOR SKELOS:    Move the

                 nomination, please.

                            ACTING PRESIDENT WRIGHT:    The

                 motion is on the confirmation of Benedict

                 Monachino to the position of member of the

                 Crime Victims Board.  All in favor signify by

                 saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT WRIGHT:

                 Opposed, nay.

                            (No response.)





                                                          5478



                            ACTING PRESIDENT WRIGHT:

                 Confirmed.

                            Mr. Monachino, please rise.  On

                 behalf of Senator Bruno and all of the members

                 of the New York State Senate, we offer our

                 congratulations and best wishes and know that

                 you will serve the people of New York State

                 well.

                            Thank you.

                            (Applause.)

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read.

                            THE SECRETARY:    As a member of

                 the State Board of Parole, Robert Dennison,

                 of -

                            ACTING PRESIDENT WRIGHT:    I'm

                 sorry.

                            Senator Skelos.

                            SENATOR SKELOS:    Can we skip that

                 for one moment and go on to the next

                 appointment.

                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read.

                            THE SECRETARY:    As a member of

                 the Adirondack Park Agency, James Frenette, of





                                                          5479



                 Tupper Lake.

                            SENATOR SKELOS:    Move the

                 nomination.

                            SENATOR STAFFORD:    Move the

                 nomination.

                            ACTING PRESIDENT WRIGHT:    The

                 motion is on the nomination of James Frenette,

                 of Tupper Lake, to be reappointed as a member

                 of the Adirondack Park Agency.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT WRIGHT:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT WRIGHT:    The

                 confirmation is approved.

                            The Secretary will read.

                            THE SECRETARY:    As a member of

                 the State Board of Parole, Robert Dennison, of

                 Eastchester.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Stafford.

                            SENATOR STAFFORD:    Mr. President,

                 we had two fine nominees appear before the

                 Finance Committee this morning -- or this





                                                          5480



                 afternoon, I guess.  And I certainly

                 compliment the Governor on the appointments,

                 and compliment them.

                            It's a pleasure for me now to yield

                 to Senator Spano.

                            ACTING PRESIDENT WRIGHT:    Senator

                 Spano.

                            SENATOR SPANO:    Thank you, Mr.

                 President.  It is my pleasure to stand in

                 favor of the nomination of Robert Dennison to

                 the State Board of Parole.

                            Robert Dennison is a resident of

                 the town of Eastchester in Westchester County.

                 He is a person who has a long history and

                 career in Westchester, starting in Westchester

                 County Probation, back in the seventies, up to

                 right now, in working as a deputy regional

                 director in parole.

                            He has held a series of different

                 positions in parole over the years, and in

                 corrections, has had an outstanding record in

                 this area and knows the issues very

                 thoroughly.  In addition to that, he is a

                 graduate of Iona College, which is my alma

                 mater as well.





                                                          5481



                            And it's my pleasure to thank the

                 Governor for an outstanding appointment and to

                 speak in favor of the appointment of Robert

                 Dennison as a member of the State Board of

                 Parole.

                            Thank you, Mr. President.

                            ACTING PRESIDENT WRIGHT:    The

                 question is on the confirmation of Robert

                 Dennison to be appointed as a member of the

                 State Board of Parole.  All those in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT WRIGHT:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT WRIGHT:    The

                 confirmation is approved.

                            Mr. Dennison, on behalf of Senator

                 Bruno and all of the members of the New York

                 State Senate, we extend our congratulations

                 and best wishes to you, and wish you all good

                 health in serving the people of the State of

                 New York.

                            Thank you.

                            (Applause.)





                                                          5482



                            ACTING PRESIDENT WRIGHT:    The

                 Secretary will read.

                            THE SECRETARY:    As members of the

                 Central New York Regional Transportation

                 Authority, Robert E. Colucci, Jr., of

                 Syracuse, and Joanne Reddick, of Syracuse.

                            As a member of the New York State

                 Bridge Authority, Roderick O. Dressel, of New

                 Paltz.

                            As a member of the Ogdensburg

                 Bridge and Port Authority, Reverend Monsignor

                 Robert J. Giroux, of Waddington.

                            As a member of the

                 Rochester-Genesee Regional Transportation

                 Authority, Marilyn Schutte, of Rochester.

                            As a public member of the State

                 Banking Board, Michael R. Ambrecht, Esquire,

                 of Point Lookout.

                            As members of the Correction

                 Medical Review Board, John Rugge, M.D., of

                 Glens Falls, and Barbara C. Wolf, M.D., of

                 Albany.

                            As a member of the Lake George Park

                 Commission, Mark C. Johnson, Ph.D., of Silver

                 Bay.





                                                          5483



                            As a member of the State Racing

                 Commission, John A. Tesiero, Jr., of

                 Amsterdam.

                            As a member of the Stewart Airport

                 Commission, Drew A. Kartinganer, of Newburgh.

                            As a member of the State Council on

                 the Arts, Mary B. Buchan, of Rochester.

                            And as a member of the State Fire

                 Prevention and Building Code Council, Gunnar

                 Neilson, of Ossining.

                            ACTING PRESIDENT WRIGHT:    The

                 question is on the confirmation of the

                 nominees as read heretofore.  All in favor

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT WRIGHT:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT WRIGHT:    The

                 nominees are hereby confirmed.

                            SENATOR DUANE:    Madam President.

                            ACTING PRESIDENT McGEE:    Senator

                 Duane, why do you rise?

                            SENATOR DUANE:    Thank you, Madam

                 President.  With unanimous consent, I'd like





                                                          5484



                 to be recorded in the negative on Calendar

                 Number 1461, S8086, and also on Calendar

                 Number 797, S4085B, which is another dumb

                 bill.

                            Thank you, Madam President.

                            ACTING PRESIDENT McGEE:    Without

                 objection, so recorded.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 if we could return to the order of messages

                 from the Assembly.

                            ACTING PRESIDENT McGEE:    The

                 chair hands down a message from the Assembly.

                            The Secretary will read.

                            THE SECRETARY:    On motion of

                 Mr. Bruno, and by unanimous consent, the rules

                 are suspended, and said bill ordered to a

                 third reading:  Calendar Number 1502, by the

                 Assembly Committee on Rules, Assembly Print

                 Number 11096, an act to amend the Energy Law,

                 in relation to energy performance contracts.

                            ACTING PRESIDENT McGEE:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.





                                                          5485



                            ACTING PRESIDENT McGEE:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Madam President,

                 is there any housekeeping at the desk?

                            ACTING PRESIDENT McGEE:    Yes.

                            SENATOR SKELOS:    As we are doing

                 the housekeeping, there will be an immediate

                 conference of the Majority, in the Majority

                 Conference Room, which should last until about

                 3:30.

                            ACTING PRESIDENT McGEE:    There

                 will be an immediate meeting of the Majority

                 conference, in the Majority Conference Room.

                 Immediately.  The conference should last until

                 approximately 3:30.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Thank you,

                 Madam President.  On behalf of Senator

                 Velella, I wish to call up Senate Print Number

                 8002, recalled from the Assembly, which is now





                                                          5486



                 desk.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1492, by Senator Velella, Senate Print 8002,

                 an act to amend the Civil Practice Law and

                 Rules.

                            ACTING PRESIDENT McGEE:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Thank you,

                 Madam President.  I now move to reconsider the

                 vote by which the bill was passed.

                            ACTING PRESIDENT McGEE:    The

                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT McGEE:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Madam

                 President, I now move to recommit the bill to

                 the Committee on Rules.

                            ACTING PRESIDENT McGEE:    So

                 ordered.

                            SENATOR FUSCHILLO:    Thank you.





                                                          5487



                            ACTING PRESIDENT McGEE:    Thank

                 you.

                            SENATOR FUSCHILLO:    No, thank

                 you.

                            ACTING PRESIDENT McGEE:    My

                 pleasure.

                            SENATOR SKELOS:    Madam President,

                 are there any substitutions at the desk?

                            ACTING PRESIDENT McGEE:    The

                 Secretary will read.

                            SENATOR SKELOS:    If we could make

                 them at this time.  Thank you.

                            THE SECRETARY:    On page 6,

                 Senator Maziarz moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 1448A

                 and substitute it for the identical Senate

                 Bill Number 5180B, Third Reading Calendar 159.

                            On page 12, Senator Johnson moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 9675A and substitute it

                 for the identical Senate Bill Number 6243A,

                 Third Reading Calendar 470.

                            On page 24, Senator Leibell moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 10971 and substitute it





                                                          5488



                 for the identical Senate Bill Number 7660,

                 Third Reading Calendar 923.

                            On page 25, Senator McGee moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 9460 and substitute it

                 for the identical Senate Bill Number 6465,

                 Third Reading Calendar 931.

                            On page 28, Senator Farley moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 1035B and substitute it

                 for the identical Senate Bill Number 1484A,

                 Third Reading Calendar 1053.

                            On page 30, Senator Morahan moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 10392 and substitute it

                 for the identical Senate Bill Number 7634,

                 Third Reading Calendar 1106.

                            On page 33, Senator Spano moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 7454A and substitute it

                 for the identical Senate Bill Number 7608A,

                 Third Reading Calendar 1147.

                            ACTING PRESIDENT McGEE:

                 Substitutions ordered.

                            Senator Marcellino.





                                                          5489



                            SENATOR MARCELLINO:    Madam

                 President, is there any other housekeeping?

                            ACTING PRESIDENT McGEE:    No.

                            SENATOR MARCELLINO:    All right.

                 The Senate will stand at ease.

                            And there will be an immediate

                 meeting of the Majority Conference in the

                 Majority Conference Room.

                            ACTING PRESIDENT McGEE:    The

                 Senate stands at ease.  There is a Majority

                 conference in the Majority Conference Room,

                 immediately.

                            (Whereupon, the Senate stood at

                 ease at 3:07 p.m.)

                            (Whereupon, the Senate reconvened

                 at 4:04 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos.

                            SENATOR SKELOS:    Mr. President,

                 would you please call up Calendar Number 390.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 390.

                            THE SECRETARY:    Calendar Number

                 390, by Senator Alesi, Senate Print 6232B, an

                 act to amend the General Obligations Law, in





                                                          5490



                 relation to liability.

                            SENATOR SKELOS:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT MEIER:    There is

                 a message at the desk.

                            SENATOR SKELOS:    Move to accept

                 the message.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the message of

                 necessity signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message of necessity is accepted.  The bill is

                 before the house.

                            SENATOR SKELOS:    Please lay it

                 aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            SENATOR SKELOS:    Mr. President,

                 there will be a meeting of the Rules Committee

                 at 4:10 in the Majority Conference Room.

                            ACTING PRESIDENT MEIER:    Meeting





                                                          5491



                 of the Rules Committee at 4:10 in the Majority

                 Conference Room.

                            Senator Skelos.

                            SENATOR SKELOS:    Please recognize

                 Senator Smith.

                            ACTING PRESIDENT MEIER:    Senator

                 Smith.

                            SENATOR ADA SMITH:    Thank you,

                 Mr. President.  I request unanimous consent to

                 be recorded in the negative on Calendar Number

                 797.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Ada Smith will be recorded

                 in the negative on Calendar 797.

                            SENATOR ADA SMITH:    Thank you for

                 recognizing the difference.

                            ACTING PRESIDENT MEIER:    It's

                 unmistakable.

                            Senator Skelos.

                            SENATOR SKELOS:    Stand at ease.

                            ACTING PRESIDENT MEIER:    The

                 Senate will stand at ease.

                            (Whereupon, the Senate stood at

                 ease at 4:06 p.m.)

                            (Whereupon, the Senate reconvened





                                                          5492



                 at 4:25 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, can we please have some order in

                 the chambers, please, and shut the doors.

                            ACTING PRESIDENT MEIER:    Can we

                 have some order in the chamber, please.

                            SENATOR FUSCHILLO:    Mr.

                 President, can we return to reports of

                 standing committees.  I believe there's a

                 report of the Rules Committee at the desk.

                 Can we kindly have it read.

                            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 1633A, by Senator

                 LaValle, an act to amend the Tax Law;

                            2535A, by Senator Larkin, an act to

                 amend the Insurance Law;

                            3132A, by Senator Leibell, an act

                 to amend the Retirement and Social Security





                                                          5493



                 Law;

                            3137A, by Senator Leibell, an act

                 to amend the General Municipal Law;

                            3990, by Senator Velella, an act to

                 amend the General Municipal Law;

                            4008A, by Senator Marchi, an act in

                 relation to allowing;

                            4035A, by Senator Goodman, an act

                 to amend the Alcoholic Beverage Control Law;

                            4197, by Senator Saland, an act to

                 authorize the payment;

                            4540A, by Senator Farley, an act to

                 amend the Banking Law and others;

                            4908A, by Senator Farley, an act to

                 amend the Workers' Compensation Law;

                            4931A, by Senator Spano, an act to

                 amend the Retirement and Social Security Law;

                            5012B, by Senator Seward, an act to

                 amend the Executive Law;

                            5039A, by Senator Libous, an act to

                 amend the Real Property Law;

                            5083A, by Senator DeFrancisco, an

                 act to amend the Town Law;

                            5130D, by Senator Johnson, an act

                 to amend the Public Authorities Law;





                                                          5494



                            5785, by Senator Leibell, an act to

                 amend the Education Law;

                            5998, by Senator Hannon, an act to

                 amend the Public Authorities Law;

                            6176, by Senator Seward, an act to

                 amend the Public Health Law;

                            6322A, by Senator Seward, an act to

                 amend the Education Law;

                            6377, by Senator Padavan, an act to

                 amend the Public Authorities Law;

                            6488, by Senator Velella, an act to

                 amend the Insurance Law;

                            6732A, by Senator Seward, an act to

                 amend the Insurance Law;

                            7047A, by Senator Farley, an act to

                 amend the Banking Law;

                            7527, by Senator Velella, an act to

                 amend the Criminal Procedure Law;

                            7547, by Senator Leibell, an act to

                 amend the Not-For-Profit Corporation Law;

                            And 7956, by Senator A. Smith, an

                 act to amend Chapter 239 of the Laws of 1995.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MEIER:    Senator





                                                          5495



                 Fuschillo.

                            SENATOR FUSCHILLO:    Move to

                 accept the report of the Rules Committee, Mr.

                 President.

                            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:    Those

                 opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 report of the Rules Committee is accepted.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, is there any housekeeping at the

                 desk?

                            ACTING PRESIDENT MEIER:    Yes, we

                 have some motions.

                            Senator Seward.

                            SENATOR SEWARD:    I wish to call

                 up, on behalf of Senator Velella, his bill

                 Print Number 8086, recalled from the Assembly,

                 which is now at the desk.

                            ACTING PRESIDENT MEIER:    The





                                                          5496



                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1461, by Senator Velella, Senate Print 8086,

                 an act to amend the Insurance Law.

                            SENATOR SEWARD:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed and ask that the bill be

                 restored to the order of third reading.

                            ACTING PRESIDENT MEIER:    Call the

                 roll on reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            SENATOR SEWARD:    Mr. President, I

                 now move to discharge, from the Committee on

                 Rules, Assembly Print Number 11227 and

                 substitute it for the identical bill.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            SENATOR SEWARD:    And I now move

                 that the substituted Assembly bill have its

                 third reading at this time.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1461, by the Assembly Committee on Rules,





                                                          5497



                 Assembly Print Number 11227, an act to amend

                 the Insurance Law.

                            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:    The bill

                 previously passed by a vote of 60 to 1.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, are there any substitutions at the

                 desk?

                            ACTING PRESIDENT MEIER:    Yes,

                 there are.

                            SENATOR FUSCHILLO:    Can we have

                 some order in the chambers as well.





                                                          5498



                            Please take them up.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the substitutions.

                            THE SECRETARY:    On page 9,

                 Senator Hannon moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 6662A

                 and substitute it for the identical Senate

                 Bill Number 4765A, Third Reading Calendar 362.

                            On page 19, Senator Spano moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 6714B and substitute it

                 for the identical Senate Bill Number 1594B,

                 Third Reading Calendar 796.

                            And on page 37, Senator LaValle

                 moves to discharge, from the Committee on

                 Rules, Assembly Bill Number 8834A and

                 substitute it for the identical Senate Bill

                 Number 8144, Third Reading Calendar 1441.

                            ACTING PRESIDENT MEIER:

                 Substitutions ordered.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, can we have the noncontroversial

                 reading of Supplemental Calendar Number 57B,

                 please.





                                                          5499



                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the noncontroversial

                 calendar.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, if we can lay aside that calendar

                 reading for the moment and return to

                 Supplemental Calendar Number 57A.  And please

                 take up Calendar Number 1500.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1500.

                            THE SECRETARY:    Calendar Number

                 1500, by the Senate Committee on Rules, Senate

                 Bill Number 8167, an act to amend the Tax Law

                 and others, in relation to the payment of

                 state collected taxes.

                            SENATOR FUSCHILLO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT MEIER:    There is

                 a message at the desk.

                            SENATOR FUSCHILLO:    Move to

                 accept.

                            ACTING PRESIDENT MEIER:    The

                 motion is to accept the message of necessity.

                 All those in favor signify by saying aye.





                                                          5500



                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.

                            There is a home rule message at the

                 desk.

                            The Secretary will read.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Senator

                 Stafford.

                            SENATOR STAFFORD:    This is a

                 consensus by the Governor, the Assembly, and

                 this house.  New York City will increase its

                 bonding authorization -- we will increase its

                 bonding authorization by $4 billion, and this

                 will be through the transitional finance

                 agency.  This will be to implement the city's

                 ten-year capital plan, and it allows borrowing

                 which will be adequate.

                            Also, Mr. President, this bill

                 provides for funding assistance for the school

                 districts of Buffalo and Yonkers.





                                                          5501



                            And finally, Mr. President, this

                 provides state transitional aid for Nassau

                 County, initially $30 million of a total

                 possibly up to $100 million.

                            And these monies, of course, will

                 not be released without approval of an

                 authority which earlier this Legislature

                 created today.  It has seven members,

                 appointments by the Comptroller, the Senate,

                 the Assembly, and the Governor.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            Senator Connor.

                            SENATOR CONNOR:    Yes, Mr.

                 President.  This bill obviously combines a

                 number of measures, including raising the

                 allowed indebtedness for New York City.  And

                 overall, it addresses some fiscal problems

                 that have cropped up in various parts of the

                 state.  The case of Buffalo results from what

                 has been billed as an error in negotiating a

                 collective bargaining agreement that put

                 Buffalo in grave distress.

                            I'm concerned that some parts of

                 the state may have turned to a





                                                          5502



                 borrow-and-spend philosophy, particularly in

                 the place like Nassau County, which is

                 certainly one of the -- I guess the wealthiest

                 county in New York State by many measures, one

                 of the wealthiest counties in the United

                 States by those same measures.

                            I think we ought to be aware of the

                 fact that if we look at the per-capita

                 indebtedness for the city of New York, it's

                 $4,910 per capita; for the County of Nassau,

                 it's $2,210 per capita.  If you look at the

                 rest of the state, upstate per-capita

                 indebtedness is $311.  It does say something

                 about borrowing habits downstate and on Long

                 Island.

                            The most interesting thing about

                 this is, unlike what happened now some 25

                 years ago when New York City was in fiscal

                 straits and this Legislature and the state

                 it's always been billed as bailed out New York

                 City, but in fact, yes, measures were taken to

                 stretch out indebtedness, to guarantee bonds

                 and other indebtedness, creation of the MAC

                 bond to allow the city to get into a market,

                 the bond market, which the city itself was





                                                          5503



                 foreclosed from.

                            No one, not the state or federal

                 government, ever gave New York City and its

                 taxpayers a gift.  Never a gift.  And the

                 taxpayers of New York City paid back every

                 nickel with interest.

                            We have now -- and we've done it in

                 the last couple of years for some of our

                 smaller cities, but we are now embarking to

                 larger degree on simply giving money to a

                 locality to bail them out.  Something that was

                 not done before.  And of course it begs the

                 question that's been on everyone's mind for a

                 year or more:  What exactly is wrong in Nassau

                 County?

                            And I think the answer to that

                 question remains -- frankly, remains to be

                 seen and will come.  A lot is wrong there.

                            And what is good there seems to be

                 an effort, a bipartisan effort on the part of

                 a lot of people to get to that answer.

                            This bill, Mr. President, requires,

                 in my opinion, a two-thirds vote because it

                 involve a gift.  It involves money going to a

                 local purpose that's not going to be repaid.





                                                          5504



                            Be that as it may, I urge my

                 Democratic colleagues to join in supporting

                 this, because the threat not only to the

                 taxpayers of Nassau County but to the whole

                 fiscal structure of the state is very, very

                 real if one of our largest and wealthiest

                 counties is permitted to founder.

                            Earlier today we took measures to

                 ensure, as Senator Skelos then pointed out,

                 fiscal accountability for the future.  And in

                 this bill we put up the money, so to speak.

                            And hopefully working together, as

                 the Democrats and Republicans will in this

                 house to ensure passage, we will see better

                 days in the wealthiest county in the state

                 with the highest local tax burden of anywhere

                 in the state -- in fact, one of the highest

                 local tax burdens in the country, that, in an

                 era of great -- of high employment and high

                 regional prosperity seems to have been unable

                 to get its fiscal house in order.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Mr.





                                                          5505



                 President, I rise because this bailout, this

                 financial contribution and support from the

                 State of New York not only for Nassau County

                 but, frankly, for Buffalo and the City of

                 Yonkers I think just merits at least one

                 comment about the notion of public debt.

                            And while today we address the

                 problems of public debt most apparently in

                 Nassau County, there's a warning in what we do

                 today that should not go unheeded.

                            The State of New York has more

                 public debt than any other state, $37 billion

                 worth.  The City of New York has the second

                 largest amount of public debt, $31 billion

                 worth.  The MTA and the TBTA have,

                 respectively, about $7.8 billion and $5.4

                 billion in debt.  Nassau County has now $2.7

                 billion in debts.  Nassau County has more

                 public debt than 12 states.  New York State,

                 if you add New York City, the MTA, the TBTA,

                 and Nassau County, has more public debt

                 associated with it than the next ten largest

                 states.

                            We could -- our debt covers that of

                 ten states.  $77 billion in public debt is





                                                          5506



                 being carried by those five levels of

                 government at 5 percent interest.  At

                 5 percent interest, those governments are

                 paying $3.5 billion in interest payments.  Is

                 it any wonder that our debt rating is so poor?

                            Is it any wonder that if someday

                 that bad old word that Alan Greenspan goes to

                 bed each night thinking it will never

                 happen -- inflation -- someday comes, a

                 1 percent change in the capital debt of New

                 York State and New York City, the MTA, the

                 TBTA, and Nassau County, a 1 percent change

                 will cause $700 million in additional interest

                 payments for those governments?

                            $700 million, things that we can do

                 lots of good things with.  1 percent inflation

                 will cost the levels of government that much

                 money.  And we will get nothing for it.  We'll

                 simply pay off the debts for things we've

                 already bought.

                            In 1846, the state -- this state

                 had undergone period of unprecedented

                 prosperity in the wake of the construction of

                 the barge canal, the Erie Canal.  And in fact,

                 we began a terrible trend.  For ten years we





                                                          5507



                 didn't raise any taxes.  The New York State

                 Senate never levied a tax for ten years.  And

                 what they did is they used public debt to pay

                 the state's bills.

                            In the financial crisis of 1845,

                 that house of cards came tumbling down, and

                 the state was insolvent.  They called a

                 constitutional convention, and they did one

                 critically important thing.  They said no more

                 government obligation debt without voter

                 approval.  Let the people decide how much

                 money we borrow.  We can't trust the State

                 Legislature to borrow money.

                            I would suggest to all my

                 colleagues, we're $37 billion in debt, most of

                 that is not public debt.  And surprise,

                 surprise, in a period of tremendous

                 prosperity, the public debt of this state has

                 gone up since this man was Governor by

                 40 percent.

                            We're not paying our debts.  We're

                 increasing our debt load.  In a period of

                 prosperity when we've got lots of cash, we're

                 borrowing more than we ever did.  I wonder

                 what we'll do if we someday run into a





                                                          5508



                 recession.

                            The wisdom of 1848 -- 1846 and the

                 constitutional convention couldn't be clearer

                 to me now.  If all this debt were

                 voter-approved, it would be just like the debt

                 in a place like -- I don't know, pick a state.

                 Minnesota, $2.5 billion in public debt.  Less

                 than one-tenth what we have.

                            Despite that, Mr. President, I'm

                 going to vote in favor of this bill, and let

                 me tell you why.

                            I think the biggest problem we have

                 in this state is the overreliance on property

                 tax.  And I believe that my experience in

                 government suggests that what public officials

                 do when they face the property tax, which is

                 their scorecard for voters, that it is in

                 their best interest to do everything possible

                 to reduce property taxes.  Because otherwise,

                 they're politically challenged every time they

                 raise them.  It's apparent in everybody's tax

                 bill every single year.  It's not a quiet tax

                 like a sales tax.  Not even a quiet tax like

                 withholding that you pay in federal income tax

                 or state income tax.  The property tax shows.





                                                          5509



                 And it becomes the report card for public

                 officials.

                            And when they're faced with that

                 report card, there's every possible incentive

                 to keep property taxes low, borrow as much

                 money as you can, use every gimmick you can

                 find in order to keep the property tax low.

                            This bill says that we're going to

                 use broad-based taxes, sales and income taxes,

                 to cover past debts of Nassau County, to set

                 up the financial controls that they need to

                 get back on their feet.

                            I would suggest to everyone in this

                 room, we have done some things with respect to

                 property taxes in the last four or five years.

                 We need to do more.  And what we should look

                 to are things like the Medicaid pickup, where

                 the state would use its broad-based taxes to

                 reduce property taxes, to take away the

                 temptation from local officials that they will

                 connive and in some cases they may deceive

                 their voters -- in some cases, they may

                 deliberately mislead their voters -- because

                 they're afraid of the consequences of raising

                 property taxes.





                                                          5510



                            And I would hope that this is a

                 chance for us to look at broader use of

                 broad-based taxes, fairer taxes, progressive

                 taxes that will work better to resolve the

                 problems of this state than the overreliance

                 on property taxes, with all the political

                 conniving that comes with trying to

                 artificially keep them low.

                            That's what's happened in Nassau

                 County.  In my judgment, the political

                 leadership there simply transferred to debt

                 obligations that they were unwilling to raise

                 local property taxes to pay for.  In my

                 opinion, that was deceptive, it was

                 misleading, it was politically convenient.

                 But that system -- they were trapped in the

                 system, which is based on an overreliance on

                 our property taxes.

                            Mr. President, I'm going to vote in

                 favor of this.  I think we have to do it.  We

                 did it to New York City, we're doing it in a

                 different way, a slightly different way for

                 Nassau County.  But the danger of public debt

                 looms.  And I'm afraid that sometime in the

                 next couple of years this Legislature will





                                                          5511



                 have to look at enormous sacrifices for the

                 people of our state because we have too much

                 debt.  And that debt will strangle the ability

                 of this state to be competitive in the future.

                            We've got to do something about the

                 problem.  We're doing it now.  We're

                 increasing the cap for New York City.  We're

                 taking a step that I hope is just a step, an

                 immediate remedial step.  We need a bigger

                 broad-based plan to reduce the reliance on

                 property taxes and use broad-based taxes to

                 solve our financial problems.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Volker.

                            SENATOR VOLKER:    Mr. President,

                 I'll try to be brief.  But I listened to all

                 this debt argument, and it's all very

                 interesting.

                            Senator Padavan and I were here

                 back in 1974 and '75 when the City of New York

                 collapsed under a sea of debt.  Senator

                 Dollinger, the alleged amount of our debt is

                 37 billion in the State of New York.  The

                 actually repay debt is somewhere, I





                                                          5512



                 understand, at 30 billion, because of that

                 debt is project-sensitive.  For instance, the

                 Thruway debt is paid for out of tolls, so that

                 the taxpayers don't pay it except out of

                 tolls.  There's a great deal of debt that is

                 paid for.  UDC debt, which is also included.

                            A number of these debt issues that

                 bounce around -- and by the way, the

                 37 billion is a little bit deception too,

                 because it's not -- I checked into this

                 sometime ago.  Is this actually debt that we

                 have actually acquired?  Some of it is not.

                 Some of it is debt that is available but has

                 not necessarily become latched onto the state,

                 as the saying goes.

                            Remember, the total budget of the

                 State of New York is $78 billion.  I only

                 point that out because we are, I think, fifth

                 or sixth in the country in the per-capita

                 debt.

                            Now, look, is it a lot of debt?

                 Yeah.  In 1975, when New York City collapsed,

                 their budget was $14 billion.  Their debt was

                 $18 billion.  That's a problem.  That's why

                 the city collapsed.  That's why we set up the





                                                          5513



                 Big MAC.  And that's we set up an emergency

                 control board and that's why we did all the

                 things that we did to recontrol the City of

                 New York and get it back on track.

                            That was indeed a city that really

                 was in deep trouble.  The state almost went

                 under.  Senator Padavan and I were here when

                 UDC essentially collapsed.  In fact, there was

                 a bill done what they call nunc pro tunc,

                 which means it was technically signed after

                 midnight.  There were many who told us that if

                 we let UDC collapse, the stock market would

                 collapse, the economy of the country might go

                 with it.

                            I realize that in a situation like

                 we're in here, where there's been a lot of

                 debt -- and, Senator, I was here during the

                 Cuomo years when we used debt to keep the

                 budget from surging because the Governor did

                 not want to cut some of the taxes that we

                 wanted to cut when we could cut taxes, and yet

                 wanted to do some spending.  And the major

                 increase in debt, by the way, came in those

                 years.  And I frankly think we'd have been

                 better not to do that if we could have avoided





                                                          5514



                 that.

                            And I'm not disputing that there

                 are some problems.  The state still has a huge

                 surplus, there's no question.  We have a

                 bigger surplus, as I understand it, than we do

                 a structural deficit for next year by almost

                 double, maybe triple.  That's why when all

                 these groups run around here telling us about

                 structural deficit, what they fail to

                 understand is that we have the money, in

                 effect, in the bank to cover all that stuff.

                 So there is no deficit, really.

                            Is it good policy?  Not

                 necessarily.  But one of the pieces of this

                 bill, as you know, has to do with Buffalo.

                 And it has to do with a loan to the City of

                 Buffalo for $45 million.  And the details, I

                 know the details of it.  The problem is this.

                 If we didn't do this now, the way the

                 Constitution is, and the fact that we have to

                 educate kids, Buffalo and the State of New

                 York would have technically been in the same

                 situation that we were in with Niagara Falls

                 in the Love Canal time.  The real

                 responsibility for the Love Canal was the





                                                          5515



                 school district in the Niagara Falls and the

                 City of Niagara Falls, and that's why we

                 eventually bailed out the City of Niagara

                 Falls and the school district.

                            Same reason here.  Because if we

                 didn't move to do something now, the cost

                 could be -- in Buffalo could have been as high

                 as $150 million to $200 million, because it

                 would have gone back to court.  Ultimately,

                 they probably would have settled for something

                 less.  That "something less" could have been

                 anywhere from $70 to $100 million, which of

                 course the city couldn't pay for, the school

                 district couldn't pay for.  So kids wouldn't

                 be taught, school teachers would be laid off.

                            So who would have to do it?  Well,

                 the answer is you know who would have to do

                 it.  It would be us.

                            The only thing I'm pointing out is,

                 and I'm using Buffalo as an example, is that

                 this is a situation where, like it or not, in

                 effect the Constitution and our responsibility

                 to our constituents is involved here.  And I

                 don't have to tell you that.

                            So, sure, we are concerned about





                                                          5516



                 many of the things that are happening here.

                 We are concerned about debt.  But the State of

                 New York, I must tell you -- I've been in this

                 Legislature for 28 years.  I have seen us go

                 up, and I have seen us go down big time.  I

                 saw this state almost go under in 1974, '75,

                 and '76.  I saw us in deep trouble in the late

                 eighties.

                            I'll take this era over those eras

                 anytime you want.  Because despite the fact

                 that we may have some debt, we have to pay it

                 off -- and by the way, as I understand, our

                 interest in debt service runs around 4 billion

                 or something in that area on the state side in

                 a $78 billion budget.  I point that out.  The

                 federal government has a even much more huge

                 problem than we have.  We have to be careful.

                            But the point I'm trying to make is

                 that this is something that a county -- the

                 City of New York, of course, gets a benefit, a

                 couple of other cities -- it's important that

                 it needs to be done at this time.  And I agree

                 with you that we should be careful.  In a

                 couple of years, as I understand it, we're

                 going to see a rather decided decline in our





                                                          5517



                 debt because a number of the issues are coming

                 up, reissues.  What we should do when those

                 reissues come up is let them fall and let our

                 debt drop as much as 5 or 6 billion, I

                 believe, or even more, just because those

                 debts are going to begin running out from a

                 few years ago, because it would be good to

                 begin to bring our debt down.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Just to

                 respond to Senator Volker ever so briefly.

                            The point Senator Volker makes

                 about what the debt is, if you actually

                 included the Thruway and all the other

                 back-door borrowing debt, the number is

                 actually closer to 90 billion, not 37 billion.

                 The number just explodes when you get into

                 that debt.

                            And I acknowledge, Senator Volker,

                 that a lot of that has receipts pledged

                 against it and other sources of revenue other

                 than general tax dollars to support.

                            And the other thing I'll do -- I

                 want to make sure I'm clear about Senator





                                                          5518



                 Volker's work on this bill.  I have privately

                 praised Senator Volker for what I consider to

                 be one of those things that as an elected

                 official and a politician I look at it and

                 say, what a really tremendous piece of work to

                 fold the Buffalo teacher problem into this

                 bill.

                            Which I think is good politics,

                 tremendous community-based advocacy, with

                 Senator Stachowski and Senator Coppola and

                 Senator Rath and others who were able to marry

                 these two concepts that you might at first

                 blush look at and say what do they have in

                 common.  Well, they have in common the

                 political exigency of a moment to put together

                 an alliance, an allegiance to do the right

                 thing.

                            And I've said, Senator Volker, I'm

                 going to vote in favor of this bill.  But I

                 still think that the broader issue of debt

                 matching with resources -- if we run into a

                 recession, a lot of cherished things that I

                 think both you cherish, other members of this

                 house cherish, as well as myself, we're going

                 to have to sacrifice.  Because we've got a





                                                          5519



                 huge nut to pay off when we talk about paying

                 off and retiring as a state, including our

                 subdivisions, $70 billion, $80 billion in

                 debt.  Nassau County debt, MTA debt, these are

                 things that in the long run we may face some

                 very dire consequences.

                            I'm willing to do it because of the

                 reasons that Senator Volker said.  It's the

                 right thing to do now, but around the corner

                 lurks a wolf.  And let's hope that the bright

                 sunshine keeps the wolf away from our door a

                 little bit longer.  But it's there, and we

                 should realize it.

                            ACTING PRESIDENT MEIER:    Senator

                 Marchi.

                            SENATOR MARCHI:    Mr. President, I

                 welcome the spirit that motivates this Senate

                 in its response, because it's evident to me

                 that there is a determination to lock arms and

                 not allow a further infringement on the credit

                 of this state.

                            I played more than a cameo role

                 many years ago, about a quarter of a century

                 ago, in the resolution of the crisis in the

                 City of New York.  And there were cruel





                                                          5520



                 disciplines that were inflicted at that time

                 because of the enormity of it.  The City of

                 New York has never failed to meet its

                 responsibilities under the terms that were

                 then articulated and we anticipated in time in

                 the City of New York, with the strictures that

                 have been applied, that would have phased this

                 out in the year 2008.  We anticipated the

                 events that were going to take place.

                            At that time there was a tendency

                 to say, well, the situation should be allowed

                 to resolve itself and if there was a pain to

                 be suffered, it should be accepted as a

                 resolution.  It was not, because we felt that

                 the credit of the state was involved.

                            And at that time we had the

                 cooperation of Mayor Beame; after that, Mayor

                 Koch, Felix Rodin.  Many of you who went

                 through it, and my two colleagues who were

                 with us, and Senator Stafford, who was,

                 rallied to that cause.  We had a systemwide

                 response that evoked, I believe, a positive

                 impact on the course of future events.

                            Some things that were never taken

                 into consideration.  We have a fully funded





                                                          5521



                 pension systems.  Many states don't have that.

                 That's over a hundred billion dollars in

                 assets that we have that some states don't

                 have.

                            The other thing is that when they

                 go to market, they market very quickly,

                 because they're very anxious to get our bonds,

                 even in the worst of times.  The public was

                 very anxious to know -- to seize on those

                 bonds, because they knew that there was a

                 determination on the part of this state to

                 respond and to respond affirmatively.

                            So I'd like to see the spirit that

                 prevails here in substance.  We may say things

                 around it for a variety of reasons, but this

                 underlying determination, I think, will

                 resolve this problem and hopefully will inure

                 to the conduct of future affairs.

                            Which are in the balance, in the

                 balance.  When you take into consideration the

                 infrastructure that we have undergirded and

                 developed in this state as compared to many

                 states around the country, even the biggest, I

                 think should give us more reason to view with

                 pride than point with alarm.





                                                          5522



                            As alarmed we should be.  I think

                 it's very appropriate to be alarmed, because

                 if you abandon your vigilance, you lose the

                 game.

                            But I think that we can take credit

                 that, again, we reaffirm that faith in this

                 state by responding affirmatively to the

                 challenge that's been posed.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could have the noncontroversial reading

                 of Senate Supplemental Calendar 57B.

                            ACTING PRESIDENT MEIER:    Senate

                 Supplemental Calendar 57B.

                            The Secretary will read the





                                                          5523



                 noncontroversial calendar.

                            THE SECRETARY:    Calendar Number

                 1503, by Senator LaValle, Senate Print 1633A,

                 an act to amend the Tax Law, in relation to

                 providing.

                            ACTING PRESIDENT MEIER:    There is

                 a local fiscal impact note at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take -

                            SENATOR COPPOLA:    Lay that aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1504, Senator Larkin moves to

                 discharge, from the Committee on Insurance,

                 Assembly Bill Number 2426A and substitute it

                 for the identical Senate Bill Number 2535A,

                 Third Reading Calendar 1504.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1504, by Member of the Assembly Gantt,





                                                          5524



                 Assembly Print Number 2426A, an act to amend

                 the Insurance Law, in relation to coverage.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1505, Senator Leibell moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 5864A and substitute it

                 for the identical Senate Bill Number 3132A,

                 Third Reading Calendar 1505.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1505 -

                            SENATOR COPPOLA:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1506, Senator Leibell moves to

                 discharge, from the Committee on Rules,





                                                          5525



                 Assembly Bill Number 5866A and substitute it

                 for the identical Senate Bill Number 3137A,

                 Third Reading Calendar 1506.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1506, by Member of the Assembly Vitaliano,

                 Assembly Print Number 5866A, an act to amend

                 the General Municipal Law, in relation to

                 benefits.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1507, by Senator Velella, Senate Print 3990,

                 an act to amend the General Business Law, in

                 relation to making technical corrections.





                                                          5526



                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section -

                            SENATOR COPPOLA:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1508, by Senator Marchi, Senate Print 4008A,

                 an act in relation to allowing prior service

                 credit.

                            ACTING PRESIDENT MEIER:    There is

                 a home rule message at the desk.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1509, by Senator Goodman, Senate Print 4035A,

                 an act to amend the Alcoholic Beverage Control





                                                          5527



                 Law, in relation to imposition of civil

                 penalties.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR COPPOLA:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1510, by Senator Saland, Senate Print 4197, an

                 act to authorize the payment of ordinary

                 disability benefits.

                            SENATOR PATERSON:    Lay the bill

                 aside, please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1511, by Senator Farley, Senate Print 4540A,

                 an act to amend the Banking Law, the Insurance

                 Law, and the General Business Law, in relation

                 to investment.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect immediately.





                                                          5528



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            SENATOR COPPOLA:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1512, Senator Farley moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8963A and substitute it

                 for the identical Senate Bill Number 4908A,

                 Third Reading Calendar 1512.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1512, by the Assembly Committee on Rules,

                 Assembly Print Number 8963A, an act to amend

                 the Workers' Compensation Law, in relation to

                 authorizing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.





                                                          5529



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1513, Senator Spano moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8792B and substitute it

                 for the identical Senate Bill Number 4931A,

                 Third Reading Calendar 1513.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1513, by the Assembly Committee on Rules,

                 Assembly Print Number 8792B, an act to amend

                 the Retirement and Social Security Law, in

                 relation to establishing.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR COPPOLA:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1514, by Senator Seward, Senate Print 5012B,





                                                          5530



                 an act to amend the Executive Law, in relation

                 to creating the emergency services council.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1515, Senator Libous moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 1173C and substitute it

                 for the identical Senate Bill Number 5039A,

                 Third Reading Calendar 1515.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1515, by Member of the Assembly Brodsky,

                 Assembly Print Number 1173C, an act to amend

                 the Real Property Law, in relation to





                                                          5531



                 disclosure.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1516, by Senator DeFrancisco, Senate Print

                 5083A, an act to amend the Town Law, in

                 relation to the establishment of a park

                 district.

                            ACTING PRESIDENT MEIER:    There is

                 a home rule message at the desk.

                            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.)





                                                          5532



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1517, by Senator Johnson, Senate Print 5130D,

                 an act to amend the Public Authorities Law, in

                 relation to prohibiting.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act -

                            SENATOR COPPOLA:    Lay this bill

                 aside, please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1518, Senator Leibell moves to

                 discharge, from the Committee on Education,

                 Assembly Bill Number 8370 and substitute it

                 for the identical Senate Bill Number 5785,

                 Third Reading Calendar 1518.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number





                                                          5533



                 1518, by the Assembly Committee on Rules,

                 Assembly Print Number 8370, an act to amend

                 the Education Law, in relation to submitting

                 and maintaining.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1519, by Senator Hannon, Senate Print 5998, an

                 act to amend the Public Authorities Law, in

                 relation to establishing a moratorium.

                            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.)





                                                          5534



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1520, by Senator Seward, Senate Print 6176, an

                 act to amend the Public Health Law, in

                 relation to directing the Commissioner of

                 Health.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1521, Senator Seward moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 9331A and substitute it

                 for the identical Senate Bill Number 6322A,

                 Third Reading Calendar 1521.

                            ACTING PRESIDENT MEIER:





                                                          5535



                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1521, by Member of the Assembly Luster,

                 Assembly Print Number 9331A, an act to amend

                 the Education Law, in relation to requiring.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1522, by Senator Padavan, Senate Print 6377,

                 an act to amend the Public Authorities Law, in

                 relation to authorizing -

                            SENATOR COPPOLA:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1524, Senator Seward moves to





                                                          5536



                 discharge, from the Committee on Rules,

                 Assembly Bill Number 10398A and substitute it

                 for the identical Senate Bill Number 6732A,

                 Third Reading Calendar 1524.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1524, by Member of the Assembly Grannis,

                 Assembly Print Number 10398A, an act to amend

                 the Insurance Law, in relation to rebating.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1525, by Senator Farley, Senate Print 7047A,

                 an act to amend the Banking Law, in relation

                 to the requirements for licensure.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect on the first day of





                                                          5537



                 January.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1526, by Senator Velella, Senate Print 7527,

                 an act to amend the Criminal Procedure Law, in

                 relation to the carrying, possession, repair

                 and disposal of firearms.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect in 60 days.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger, to explain his vote.

                            SENATOR DOLLINGER:    Thank you,

                 Mr. President.  Extremely briefly.

                            I can't understand why we would do

                 this bill.  It authorizes people to carry guns





                                                          5538



                 in hospitals, when the Health and Hospitals

                 Corporation of the City of New York doesn't

                 think it's the right thing to do, did a pilot

                 program and determined that it wasn't the

                 right thing to do, and we're going to force

                 them to do it.

                            I vote no.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger will be recorded in the negative.

                            Senator Paterson, to explain his

                 vote.

                            SENATOR PATERSON:    Can we lay

                 this bill aside, Mr. President?

                            ACTING PRESIDENT MEIER:    We'll

                 withdraw the roll call.  The bill will be laid

                 aside.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1527, by Senator Leibell, Senate Print 7547,

                 an act to amend the Not-For-Profit Corporation

                 Law, in relation to the sale or transfer.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This





                                                          5539



                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1528, by Senator A. Smith, Senate Print 7956,

                 an act to amend Chapter 239 of the Laws of

                 1995 relating to authorizing the City of New

                 York.

                            ACTING PRESIDENT MEIER:    There is

                 a home rule message at the desk.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Skelos, that concludes the

                 noncontroversial reading of the supplemental





                                                          5540



                 calendar.

                            SENATOR SKELOS:    Mr. President, I

                 believe Calendar Number 1509 was inadvertently

                 laid aside.  Could we call that up at this

                 time.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1509.

                            THE SECRETARY:    Calendar Number

                 1509, by Senator Goodman, Senate Print 4035A,

                 an act to amend the Alcoholic Beverage Control

                 Law, in relation to the imposition of civil

                 penalties.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President, I

                 believe Calendar Number 1526 was inadvertently





                                                          5541



                 laid aside.  Could we please call up that

                 bill.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1526.

                            THE SECRETARY:    Calendar Number

                 1526, by Senator Velella, Senate Print 7527,

                 an act to amend the Criminal Procedure Law, in

                 relation to the carrying, possession, repair

                 and disposal of firearms.

                            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:    Only if

                 you insist.  Yes, Senator Dollinger.

                            SENATOR DOLLINGER:    I don't

                 insist, Mr. President.  I think my objections

                 to this bill were noted earlier.

                            I'd just point out that there was a

                 pilot program, seven years' worth of pilot

                 program, in which none of the officers ever

                 used their guns.  And, frankly, they





                                                          5542



                 concluded, the Health and Hospitals

                 Corporation concluded that they wouldn't need

                 them.

                            I can't understand why we would do

                 it when the people who are going to be

                 protected say "We don't want it."

                            I vote no.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger will be recorded in the negative.

                            The Secretary will record the

                 negatives and announce the results.

                            SENATOR ONORATO:    Mr. President,

                 if you would recognize Senator Paterson.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson, why do you rise?

                            SENATOR PATERSON:    Mr. President,

                 just to explain my vote.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson, to explain his vote.

                            SENATOR PATERSON:    I vote no, Mr.

                 President.

                            And the reason is that I understand

                 that 85 percent of the incidents where the

                 peace officers became involved in incidents

                 involved patients who were already presumed





                                                          5543



                 not to have weapons.  For the few incidents,

                 and there were apparently very few, that came

                 up where there was outside intervention, very

                 few required the use of firearms.

                            And again, as Senator Dollinger

                 said, the entity who is policing any

                 activities that would go wrong in the

                 hospitals feels they can do it without the

                 intervention of firearms.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson will be recorded in the negative.

                            Announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1526 are

                 Senators Coppola, Dollinger, Duane, Mendez,

                 Onorato, Paterson, Rosado, Sampson, A. Smith,

                 M. Smith, and Senator Stavisky.

                            ACTING PRESIDENT MEIER:    Record

                 the negatives and announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1526 are

                 Senators Coppola, Dollinger, Duane, Mendez,

                 Onorato, Oppenheimer, Paterson, Rosado, A.

                 Smith, M. Smith, and Stavisky.  Ayes, 50.

                 Nays, 11.





                                                          5544



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Calendar Number

                 1524 was inadvertently laid aside.  Could we

                 please call it up at this time.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1524.

                            THE SECRETARY:    Calendar Number

                 1524, substituted earlier today by Member of

                 the Assembly Grannis, Assembly Print Number

                 10398A, an act to amend the Insurance Law, in

                 relation to rebating.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,





                                                          5545



                 could we go to the controversial part of this

                 calendar.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the controversial

                 calendar.

                            THE SECRETARY:    Calendar Number

                 1503, by Senator LaValle, Senate Print 1633A,

                 an act to amend the Tax Law, in relation to

                 providing an exemption.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle, Senator Coppola has requested an

                 explanation of Calendar 1503.

                            SENATOR LAVALLE:    Senator

                 Coppola, under present law the commercial

                 fishing vessels are exempted from motor fuel

                 taxes, except they have to pay it and then

                 apply for a refund.  So for the average

                 fisherman, they are paying, up front, about

                 $13,000 on average, up front, fill out a form,

                 send it to Tax to get their $13,000 back.

                            What they are doing is they are

                 fueling up in Connecticut and Rhode Island,

                 thereby hurting local businesses who would





                                                          5546



                 normally sell them this.  But, more

                 importantly, it's a burden on our commercial

                 fishermen on Long Island.

                            SENATOR COPPOLA:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Coppola.

                            SENATOR COPPOLA:    If the

                 sponsor -- I'd like to ask a question, please.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle do you yield for a question?

                            SENATOR LAVALLE:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR COPPOLA:    Senator, what

                 you're saying is that they'll be paying, then,

                 up front?

                            SENATOR LAVALLE:    This bill is

                 fiscally neutral.  Because what they do, as I

                 indicated, is they pay it up front and then

                 apply to Tax and Finance to get that -- the

                 tax that they paid back.

                            The law -- and I can't tell you the

                 reason.  On one hand, we exempt them, so they

                 are exempt from paying this.  But we allow

                 them to pay it up front, and then we ask them





                                                          5547



                 to apply to Tax and Finance to get it back.

                            This legislation says let's stop

                 that game, and an exemption is an exemption is

                 an exemption.  So they shouldn't have to pay

                 it up front to only get it back.

                            SENATOR COPPOLA:    So -- Mr.

                 President, I'd like to ask another question.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle, do you continue to yield?

                            SENATOR LAVALLE:    Yes, I will

                 yield.

                            ACTING PRESIDENT MEIER:    The

                 Senator yields.

                            SENATOR COPPOLA:    So this will

                 not hurt them, this piece of legislation?

                            SENATOR LAVALLE:    This bill helps

                 them.

                            SENATOR COPPOLA:    What you're

                 trying to do is help them.  Like we have the

                 same problem in Buffalo where everybody goes

                 to the Indian reservation and buys their

                 liquor and their cigarettes, and they don't

                 pay the sales tax and it's hurting all of the

                 surrounding businesses in the area.  So is

                 this similar to that, Senator?





                                                          5548



                            SENATOR LAVALLE:    Senator, I -

                 no, not at all.  Because under the law, they

                 are exempt.  We as a matter of public policy

                 many years ago established that we wanted to

                 help our commercial fishermen.  So we exempt

                 them from the fuel -- paying fuel tax.  But

                 for whatever silly reason, they pay it up

                 front and then get a refund back.

                            This bill would help them.  As a

                 matter of fact, I'm just going to read you -

                 I mean, I don't know if I need to spend the

                 time.  But I have one letter here from a

                 fisherman who says that they are going to

                 Rhode Island and Connecticut to avoid this

                 silly game that we have imposed upon them in

                 the State of New York.

                            SENATOR COPPOLA:    And you have

                 support, obviously, Senator.

                            SENATOR LAVALLE:    I have broad

                 support, Senator.

                            SENATOR COPPOLA:    Thank you very

                 much, Senator.

                            ACTING PRESIDENT MEIER:    There is

                 a local fiscal impact note at the desk.

                            Read the last section.





                                                          5549



                            THE SECRETARY:    Section 6.  This

                 act shall take effect on the first day of a

                 sales tax quarterly period.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1504, substituted earlier today by Member of

                 the Assembly Gantt, Assembly Print Number

                 2426A, an act to amend the Insurance Law, in

                 relation to coverage.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane.

                            SENATOR DUANE:    I believe there's

                 an amendment at the desk.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane, we need a minute to examine the

                 amendment.

                            SENATOR MONTGOMERY:    Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 Montgomery, why do you rise?





                                                          5550



                            SENATOR MONTGOMERY:    Yes, Mr.

                 President.  I would like unanimous consent to

                 be recorded in the negative on Calendar 1526.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Montgomery will be recorded

                 in the negative on Calendar 1526.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    I would

                 ask unanimous consent to be recorded in the

                 negative on Calendar 1141, Senate 7769A.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Schneiderman will be

                 recorded in the negative on Calendar 1141.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane, we have -- can we have some order in

                 the house.

                            Senator Duane, we've examined the

                 amendment.  The amendment, in the opinion of

                 the chair, is out of order, inasmuch as it

                 amends the Senate bill, and the Assembly Bill

                 is before the house.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  On the ruling.

                            ACTING PRESIDENT MEIER:    Do you





                                                          5551



                 wish to appeal the ruling of the chair,

                 Senator?

                            SENATOR DUANE:    No, Mr.

                 President, I want to comment on the ruling.

                            ACTING PRESIDENT MEIER:    Well,

                 you have -- no, that would be out of order,

                 Senator.

                            Senator -- Senator Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  I'll bring the amendment forward

                 at another time.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson, why do you rise?

                            SENATOR PATERSON:    Mr. President,

                 might we appeal briefly the ruling of the

                 chair?

                            ACTING PRESIDENT MEIER:    Of

                 course.

                            SENATOR PATERSON:    Mr. President,

                 I yield to Senator Duane.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.

                            For far too long, people with





                                                          5552



                 mental illness have also been ruled

                 non-germane.  And it's exactly those kinds of

                 insurance policies which deem people with

                 mental illness not to have germaneness to

                 their health policies that continues the

                 discrimination against persons in recovery

                 from mental illness and people who are trying

                 to avoid falling into mental illness.

                            I'm sad to say that it appears

                 because of this ruling that the State Senate

                 is agreeing with this by claiming that my

                 amendment is out of order.

                            ACTING PRESIDENT MEIER:    The

                 question is on the motion to appeal the ruling

                 of the chair.  All those in favor of upholding

                 the ruling of the chair will vote aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Those

                 opposed, nay.

                            (Response of "Nay.")

                            ACTING PRESIDENT MEIER:    The

                 ruling of the chair is upheld.

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect in 120 days.





                                                          5553



                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 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.

                            Can we have some order in the

                 chamber.

                            Senator Bonacic.

                            SENATOR BONACIC:    Mr. President,

                 can we continue with the controversial

                 calendar, Number 1505, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue in regular order,

                 beginning with Calendar 1505.

                            THE SECRETARY:    Calendar Number

                 1505, substituted earlier today by Member of





                                                          5554



                 the Assembly Vitaliano, Assembly Print Number

                 5864A, an act to amend the Retirement and

                 Social Security Law, in relation to retirement

                 plans.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 Leibell, Senator Coppola has requested an

                 explanation of Calendar 1505.

                            SENATOR LEIBELL:    Yes, Mr.

                 President.

                            This bill would add a new section,

                 89U, to the Retirement and Social Security

                 Law.  Specifically, the bill would allow a

                 county which has adopted a 25-year retirement

                 plan for sheriffs, undersheriffs, deputy

                 sheriffs, or correction officers to elect to

                 provide an additional benefit of one-sixtieth

                 of final average salary, the FAS, for a year

                 of service in excess of 25 years.

                            Members would be limited to a cap

                 of 15 additional years, making the addition up

                 to 25 percent of FAS.  It's a local option

                 bill.

                            SENATOR COPPOLA:    Thank you.





                                                          5555



                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Order in the chamber, please.  If

                 you have a conversation, take it outside.

                            Will the sergeant-at-arms close the

                 door, please.

                            THE SECRETARY:    Calendar Number

                 1507, by Senator Velella, Senate Print 3990,

                 an act to amend the General Business Law, in

                 relation to making technical corrections.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic.

                            SENATOR BONACIC:    Mr. President,

                 can we lay that aside temporarily and proceed

                 to Calendar Number 1511, please, Senator





                                                          5556



                 Farley's bill.

                            ACTING PRESIDENT MEIER:    Calendar

                 1507 will be laid aside temporarily.

                            The Secretary will read Calendar

                 1511.

                            THE SECRETARY:    Calendar Number

                 1511, by Senator Farley, Senate Print 4540A,

                 an act to amend the Banking Law and others, in

                 relation to investment and insurance

                 activities.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    If the

                 members have a bill on the calendar, would

                 they please come to the chamber so that we can

                 proceed through the calendar.

                            Senator Bonacic, I believe Senator

                 Farley is in the Rules Committee meeting.

                            SENATOR BONACIC:    We ask that

                 that be temporarily laid aside and proceed to

                 Calendar Number 1510, please.

                            ACTING PRESIDENT MEIER:    1511

                 will be temporarily laid aside.

                            The Secretary will read Calendar

                 1510.





                                                          5557



                            THE SECRETARY:    Calendar Number

                 1510, by Senator Saland, Senate Print 4197, an

                 act to authorize the payment of ordinary

                 disability benefits.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 Saland, Senator Coppola has requested an

                 explanation.

                            SENATOR SALAND:    Thank you, Mr.

                 President.

                            Mr. President, this bill would

                 provide for the acceptance posthumously of the

                 New York State retirement option form

                 completed by Mr. Kim Harvey.

                            Mr. Harvey was a state employee in

                 his mid-40s who was out on disability.  His

                 condition apparently deteriorated.  He

                 completed a retirement option, exercising an

                 option making his wife his beneficiary for

                 purposes of his benefits.  And

                 unfortunately -- and he not only signed it,

                 but it was notarized.  Unfortunately, in the

                 events -- during the course of events

                 surrounding his last illness, it was not





                                                          5558



                 mailed until after he had died.

                            It was subsequently mailed and

                 received, and the retirement system was

                 unwilling to accept it under those

                 circumstances.

                            And this basically is an effort at

                 equity to try and ensure that this notarized

                 statement completed prior to his death would

                 be accepted, and thereby ensuring that his

                 wife would receive his death benefits.

                            SENATOR COPPOLA:    Thank you, Mr.

                 President.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Bonacic.

                            SENATOR BONACIC:    Mr. President,

                 the remaining four bills on the controversial





                                                          5559



                 calendar are by members who are presently

                 attending a Senate Rules meeting.  And we'd

                 just ask that we stand at ease till that

                 meeting is over and those members can address

                 those bills when they come back.

                            ACTING PRESIDENT MEIER:    The

                 Senate will stand at ease pending the

                 adjournment of the Rules Committee meeting.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.

                            (Whereupon, the Senate stood at

                 ease at 5:40 p.m.)

                            (Whereupon, the Senate reconvened

                 at 5:45 p.m.)

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic.

                            SENATOR BONACIC:    Mr. President,

                 can we now go on the controversial calendar to

                 Number 1507, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1507.

                            THE SECRETARY:    Calendar Number

                 1507, by Senator Velella, Senate Print 3990,

                 an act to amend the General Business Law, in

                 relation to making technical corrections.





                                                          5560



                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 Velella, an explanation has been requested of

                 Calendar 1507 by Senator Coppola.

                            SENATOR VELELLA:    Yes, Senator,

                 this is exactly what the caption indicates.

                 It's a technical correction.

                            When we passed the bill I believe a

                 year ago or two ago, it made reference in that

                 bill to the General -- the General Business

                 Law, which prohibited the pawning of any

                 weapon or instrument, as enumerated in Section

                 265.05 of the Penal Law.  That was an error,

                 and it should have read Section 265.00 of the

                 Penal Law, which defines certain weapons.

                 Section 265.05 refers to juvenile offenses.

                            So the reference in our original

                 legislation which amended Section 47 of the

                 General Business Law amended the wrong

                 section.  And this was a bill that was sent to

                 me by the New York State Police to recommend

                 that change and correction, as it was in error

                 when we originally passed the bill.

                            SENATOR COPPOLA:    I'm glad they





                                                          5561



                 caught that mistake, Mr. President.  Thank

                 you.

                            SENATOR VELELLA:    Senator, we're

                 ever vigilant.

                            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.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1511, by Senator Farley, Senate Print 4540A,

                 an act to amend the Banking Law, the Insurance

                 Law, and the General Business Law, in relation

                 to investment and insurance activities.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 Farley, Senator Coppola has requested an

                 explanation of Calendar 1511.





                                                          5562



                            SENATOR FARLEY:    Thank you, Mr.

                 President.

                            Senator Coppola, in November of

                 1999 Congress passed the Gramm-Leach-Bliley

                 Act, and this overhauled the nation's

                 financial laws and removed many of the

                 statutory barriers to affiliations between

                 banks, security firms, insurance companies.

                 In addition, this federal law preempts state

                 restrictions on affiliations between financial

                 companies.

                            Now, New York State law currently

                 contains many limitations on affiliations

                 between banks, security firms, and insurance

                 companies.  Federal laws supersede these laws.

                 However, in order to clean up the law and to

                 resolve any uncertainty or questions about the

                 applicability of these laws, this bill would

                 enact several technical and conforming

                 amendments which are consistent with federal

                 law.

                            All we're doing is making our law

                 consistent with federal law, which it has to

                 be because it's superseded.  It's rather

                 confusing if we have laws on the books which





                                                          5563



                 are not effective.

                            For example, this bill -- the bill

                 repeals New York's "mini Glass-Steagall Law,"

                 which restricts affiliations between banks and

                 security firms, and it also limits

                 affiliations between banks and insurance

                 companies.  It ensures that banks which engage

                 in security activities are subject to the same

                 regulations that apply to other security

                 dealers.

                            Why was this bill amended just

                 recently?  I'm anticipating a question.

                 Because there's other sections of the laws

                 which are affected, and it just corrected

                 them.  It's more or less a conformity law and

                 a cleanup bill.  It's kind of technical.

                            SENATOR COPPOLA:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)





                                                          5564



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            The Secretary will read Calendar

                 1517.

                            THE SECRETARY:    Calendar Number

                 1517, by Senator Johnson, Senate Print 5130D,

                 an act to amend the Public Authorities Law, in

                 relation to prohibiting.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson, Senator Coppola has requested an

                 explanation of Calendar 1517.

                            SENATOR JOHNSON:    Thank you, Mr.

                 President.

                            Senator Coppola, this bill

                 provides -- well, you may be aware that we

                 have the national program called 1 Million

                 Solar Roofs.  And this state has similar

                 encouragement for photovoltaics and

                 alternative energy sources.

                            A bill passed last year that said

                 if you hook up an alternative source of energy

                 such as photovoltaics, you can do so and





                                                          5565



                 actually turn your meter back during the day,

                 generate additional electricity, and save some

                 money.

                            But if you disconnect completely

                 from the power grid and have your own source

                 of energy, then the utilities generally charge

                 you a substantial exit fee for getting off the

                 line, because you're not using their service

                 anymore.

                            This tactic by utilities

                 discourages people from going into alternative

                 energy, because it's not as cost-effective if

                 you have an additional cost just -- besides

                 the installation, the cost of disconnecting

                 and paying the utility for that.

                            Now, we don't have a traditional

                 utility on Long Island, we have what is called

                 the Long Island Power Authority.  And so this

                 amends a different part of the law from the

                 Utilities Law.  But it essentially says they

                 cannot charge us an exit fee if we decide to

                 use alternative energy to save energy for

                 others on the power grid if we have our own

                 source of energy.

                            That's all it does.  It's really





                                                          5566



                 another encouragement to what we would like to

                 do environmentally.

                            ACTING PRESIDENT MEIER:    Senator

                 Coppola.

                            SENATOR COPPOLA:    Mr. President,

                 a question for the sponsor, please.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson, do you yield for a question?

                            SENATOR JOHNSON:    Yes.

                            SENATOR COPPOLA:    Senator, was

                 this part of the power choice that was

                 implemented by the Public Service Commission

                 two years ago?

                            SENATOR JOHNSON:    I'm sorry,

                 Senator, it's very hard to hear over here with

                 the door open.  Would you please repeat your

                 question?

                            SENATOR COPPOLA:    Was this part

                 of the power choice agreement that was done

                 with the Public Service Commission and all the

                 utility companies in New York State when you

                 pay the exit fees?  Is that part of that?

                            SENATOR JOHNSON:    I'm not

                 familiar with the agreement to which you're

                 making reference.





                                                          5567



                            This is strictly limited to the

                 Long Island Power Authority.  They're not

                 under the supervision of the Public Service

                 Commission.

                            SENATOR COPPOLA:    Well -- they're

                 not under the supervision of the Public

                 Service Commission?

                            SENATOR JOHNSON:    That's correct.

                 Because they're not a utility, they're an

                 authority.  Everyone in -- the chairman who

                 released the bill understands it.  Senator

                 Wright understands the difference.

                            And this bill is designed in such a

                 way it doesn't affect anyone except Long

                 Island Power Authority.  And they are unique

                 in that respect.

                            SENATOR COPPOLA:    Mr. President,

                 another question, please.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson, do you continue to yield?

                            SENATOR JOHNSON:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR COPPOLA:    Senator, I'm

                 just trying to distinguish between your





                                                          5568



                 electric supplier and our electric supplier.

                 We also have an exit fee that was imposed on

                 us by the Public Service Commission.  But your

                 supplier is an authority, and they took it

                 upon themselves to do it, so you're overruling

                 the authority.

                            SENATOR JOHNSON:    I believe

                 you're inaccurate.

                            SENATOR COPPOLA:    Well, then,

                 would you please -- how are you implementing,

                 then, this bill and overruling the exit fee

                 with the authority?  That's what I'm trying to

                 understand.  I'm not trying to argue with you,

                 I'm trying to understand how you're correcting

                 that.

                            And I agree with you that they

                 shouldn't be charged an exit fee to go

                 someplace else.

                            SENATOR JOHNSON:    Senator, may I

                 address a question to you?

                            SENATOR COPPOLA:    Sure.

                            SENATOR JOHNSON:    What is the

                 name of your power company?

                            SENATOR COPPOLA:    Niagara Mohawk.

                            SENATOR JOHNSON:    Then I think





                                                          5569



                 you should deal with Niagara Mohawk and get

                 the same thing done for your utility

                 customers.

                            SENATOR COPPOLA:    Well, that's

                 not my point, Senator.

                            ACTING PRESIDENT MEIER:    Senator

                 Coppola, would you address the chair, please.

                            SENATOR COPPOLA:    Mr. President,

                 I would like to know how this is being

                 implemented, when -

                            ACTING PRESIDENT MEIER:    Do you

                 wish Senator Johnson to yield for another

                 question?

                            SENATOR COPPOLA:    Please.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson, do you continue to yield?

                            SENATOR JOHNSON:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR JOHNSON:    Well, I don't

                 know what further question you have for me,

                 Senator.  What is your further question?

                            SENATOR COPPOLA:    Well, it's my

                 understanding that an authority is not





                                                          5570



                 obligated to a government.  And my point is

                 they make their own rules and regulations.

                            So with your bill, you are now

                 correcting that mistake of the exit fee that's

                 charged to the ratepayers in your district.

                 Am I correct?

                            SENATOR JOHNSON:    Presently

                 there's no exit fee being charged.  The

                 present management of the authority sets their

                 own rates and their own conditions.  They've

                 assured us they're not going to do it.  But

                 that administration may not be there forever.

                 So we'd like to get this in law as well as

                 depend on the goodwill of the administrator of

                 the power authority.

                            They set their own rates.  No one

                 tells them they have to or they cannot or they

                 can charge this fee.  Except this law.

                            SENATOR COPPOLA:    Mr. President,

                 one more question, please.

                            ACTING PRESIDENT MEIER:    Senator

                 Johnson, do you yield for another question?

                            SENATOR JOHNSON:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The





                                                          5571



                 sponsor yields.

                            SENATOR COPPOLA:    If they set

                 their own rates, how is this bill going to go

                 into effect if they are setting their own

                 rates?  That's all I'm asking.  Can you clear

                 that up?

                            SENATOR JOHNSON:    Because we are

                 putting a constraint in one aspect of their

                 rate setting, in order to protect our

                 ratepayers and to encourage the use of

                 alternative energy.

                            And I think it's a good bill,

                 Senator.  You should definitely support it.

                            SENATOR COPPOLA:    I agree with

                 you, Senator.  What I'm asking, though, is

                 will this bill, will this bill overrule the

                 authority and will this bill have some teeth

                 in it and stop them from doing what you are

                 now trying to do?  Because they are an

                 authority.

                            SENATOR JOHNSON:    They have not

                 imposed any exit fees to date.  My counsel,

                 who drafted this bill, said this will assure

                 there are no exit fees in the future beyond

                 what is -- I mean, for a conversion to





                                                          5572



                 photovoltaics or alternative energy fuel

                 cells.

                            There will be no fee there, they

                 would not be paid for anybody who didn't just

                 disconnect for any normal reason, like we sold

                 the house, we moved out, or whatever.  No

                 special exit fee penalizing you for converting

                 to an alternative source.  That's a very

                 important factor, I think.

                            SENATOR COPPOLA:    Thank you,

                 Senator.

                            On the bill, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Coppola, on the bill.

                            SENATOR COPPOLA:    The Senator is

                 absolutely right.  No one should be charged an

                 exit fee for leaving and going someplace else.

                 And that's what he's trying to do in the

                 future.  But his job is he has an authority to

                 deal with, as opposed to of the other

                 companies around who have the exit fee.

                            That's all I was trying to point

                 out that, there are these exit fees.  And I

                 don't know if the authority should respond to

                 this bill, because they're an authority and





                                                          5573



                 there's a legal question there.  And I really

                 don't know if that's clear with the bill.  And

                 that's all I was trying to point out, Mr.

                 President.

                            Thank you.  I support the bill, by

                 the way.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle.

                            SENATOR LAVALLE:    I rise to

                 explain my vote, Mr. President.

                            ACTING PRESIDENT MEIER:    Let us

                 call the roll, Senator.

                            SENATOR LAVALLE:    Yup,

                 absolutely.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle, to explain his vote.

                            SENATOR LAVALLE:    Mr. President,

                 I rise to congratulate Senator Johnson on this





                                                          5574



                 legislation.  It's very important.  People

                 should not be penalized an exit fee,

                 particularly in an environment where new

                 technology is readily available.

                            I vote in the affirmative.

                            ACTING PRESIDENT MEIER:    Senator

                 LaValle will be recorded in the affirmative.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            The Secretary will call up Calendar

                 Number 1513.

                            THE SECRETARY:    Calendar Number

                 1513, substituted earlier today by the

                 Assembly Committee on Rules, Assembly Print

                 Number 8792B, an act to amend the Retirement

                 and Social Security Law, in relation to

                 establishing.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Can we

                 have some order, please, so we can get through

                 the calendar.





                                                          5575



                            Senator Spano, Senator Coppola has

                 requested an explanation of Calendar 1513.

                            SENATOR SPANO:    Thank you, Mr.

                 President.

                            This bill is referred to as the

                 firefighters' cancer bill.  With the increase

                 in cancer in firefighters that's due to the

                 harmful carcinogens and chemicals that are

                 being involved with fires that directly cause

                 these cancers, all this bill does is presumes

                 that a firefighter's disability or death from

                 cancer was caused by an accident, not caused

                 by the firefighter's negligence.

                            SENATOR COPPOLA:    Thank you.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            Senator Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  Would the sponsor yield, please.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano, do you yield for a question?

                            SENATOR SPANO:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    Thank you very





                                                          5576



                 much.

                            I want to preface my question by

                 saying that generally I am supportive of bills

                 which make presumptions regarding

                 firefighters' health, particularly those

                 having to do with the lungs and also those

                 having to do with skin.

                            However, I'm just wondering if the

                 sponsor could just provide some of the causes

                 which -- some of the illnesses, cancer-related

                 illnesses, that would be presumed to be caused

                 by on-the-job performance in this bill.

                            SENATOR SPANO:    It's the -- what

                 we're looking at are the chemical products,

                 the plastics that have come to start being

                 used over the past two decades that have

                 really resulted in a change in the nature of

                 the type of fires that firefighters have had

                 to fight.

                            So, I mean, it's the carcinogens as

                 a result of the new type of plastics that have

                 been introduced into the -- into buildings.

                            SENATOR DUANE:    Through you, Mr.

                 President, if the sponsor would continue to

                 yield.





                                                          5577



                            ACTING PRESIDENT MEIER:    Senator

                 Spano, do you continue to yield?

                            SENATOR SPANO:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    And the sponsor

                 believes that it would be presumed that for

                 all firefighters that a melanoma would be

                 caused by their coming into contact with these

                 chemicals?

                            And, frankly, I'm not so familiar

                 with dermatology and oncology to know whether

                 that's true.  I associate melanoma more with

                 exposure to the sun than to heat.

                            SENATOR SPANO:    The answer to

                 your question would be yes, Senator, that

                 with -- especially with the new synthetic

                 chemicals, with the plastics that have been

                 introduced, the studies have shown that

                 there's much more of a chance of firefighters

                 coming down or getting cancer as a result of

                 their exposure.

                            SENATOR DUANE:    Through you, Mr.

                 President, if the sponsor would continue to

                 yield.





                                                          5578



                            ACTING PRESIDENT MEIER:    Senator

                 Spano, do you yield?

                            The sponsor yields.

                            SENATOR DUANE:    Who would it be

                 who would potentially call into question in

                 such a disability case that it was caused by

                 these chemicals or plastic knockoffs?  In

                 other words -

                            SENATOR SPANO:    I'm sorry,

                 Senator, I can't hear you.

                            SENATOR DUANE:    Who would call

                 into question this presumption that a melanoma

                 or another condition had been caused by one of

                 the new chemicals or the burning of the

                 plastic or something like that?  Would it be a

                 fire department doctor?

                            Or how would that -- if there was

                 some skepticism that the melanoma was an

                 on-the-job disability, who would start that

                 action?

                            SENATOR SPANO:    The purpose of

                 this bill is that we would not need anybody to

                 call into question, that it would be deemed to

                 be an accidental cause and not through the -

                 through any type of -- not caused by any





                                                          5579



                 negligence on the part of the firefighter.

                            SENATOR DUANE:    Through you, Mr.

                 President, just to clarify what my question is

                 about.  The bill says -- oh, I'm sorry, it

                 actually is not in the bill.  I'm reading from

                 the fiscal note.  So I apologize for that.

                            But what intrigued me about the

                 fiscal note, it says "unless the contrary be

                 proven by competent evidence."  And I'm

                 wondering how it is that that evidence could

                 be introduced.

                            SENATOR SPANO:    That language is

                 also in the bill, Senator.

                            If there were evidence that a fire

                 department or a doctor that was representing

                 the fire department wanted to introduce, they

                 would have the opportunity to introduce that

                 type of evidence to dispute the claim.

                            What we wanted to do is give

                 adequate protection to the overwhelming number

                 of firefighters who are exposed during the

                 course of their duties but at the same time

                 give the opportunity, if someone felt that

                 there was overwhelming, clear, convincing

                 evidence that could disprove the claim, give





                                                          5580



                 those departments the opportunity to come in

                 and do that.

                            SENATOR DUANE:    And through you,

                 Mr. President, if the sponsor would continue

                 to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano, do you continue to yield?

                            SENATOR SPANO:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    And so it would

                 be up to a fire department doctor to make that

                 contrary claim?  I'm not -- that's what I'm

                 trying to get at, who makes the contrary

                 claim.

                            SENATOR SPANO:    It would be a

                 decision made by the disability system.

                            SENATOR DUANE:    Through you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Do you

                 wish Senator Spano to yield?

                            SENATOR DUANE:    Yes, please.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano, do you yield?

                            SENATOR SPANO:    Yes.





                                                          5581



                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    The fire

                 department's own disability system?

                            SENATOR SPANO:    It could be -

                 the way the process would work, it could be a

                 doctor that is -- has been assigned to the

                 case.  There would be -

                            SENATOR DUANE:    By whom?

                            SENATOR SPANO:    It could also be

                 the -- let me talk to counsel.

                            In the cases -- as I'm advised by

                 counsel, it would be the doctors that were

                 assigned to the case who would then make this

                 case.

                            SENATOR DUANE:    Through you, Mr.

                 President, if the sponsor would continue to

                 yield.

                            ACTING PRESIDENT MEIER:    Senator,

                 do you continue to yield?

                            SENATOR SPANO:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    By a doctor

                 assigned by the fire department?  Would they





                                                          5582



                 be a fire department doctor or an outside

                 doctor?  Who is the doctor assigned by, and

                 who do they belong to?  Who do they work for?

                            SENATOR SPANO:    It would be a

                 doctor that's independent, an independent

                 doctor assigned to look at disability cases of

                 firefighters.

                            SENATOR DUANE:    And through you,

                 Mr. President, if the sponsor would continue

                 to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano, do you yield?

                            SENATOR SPANO:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    Who would they be

                 assigned by?

                            SENATOR SPANO:    Who would they be

                 decided by?

                            SENATOR DUANE:    Assigned by.  Who

                 makes the assignment of the doctors?

                            SENATOR SPANO:    The assignment of

                 the doctors -- the assignment -- we're not -

                 the honest answer is I'm not sure who makes

                 the assignment of the doctor.  We don't change





                                                          5583



                 that.  But the assignment of the doctor would

                 be made by the fire department.  And where

                 they have independent physicians who are in

                 the position of evaluating cases, disability

                 cases, that are presented to each department.

                            SENATOR DUANE:    Thank you, Mr.

                 President.

                            SENATOR SPANO:    Also, Senator, I

                 think the Comptroller, the Comptroller of the

                 state plays a role in the assignment of the

                 doctors as well, as a check and balance in the

                 system.

                            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

                 Duane, to explain his vote.

                            SENATOR DUANE:    Mr. President, on

                 the bill.  I mean, to explain my vote.

                            ACTING PRESIDENT MEIER:    To

                 explain your vote.





                                                          5584



                            SENATOR DUANE:    I have to say I'm

                 very torn on this.  So I'm going to, within my

                 I hope less than two minutes, decide my vote.

                            I am very, very sympathetic to the

                 dangers that firefighters face every day in

                 saving lives.  I'm extremely concerned about

                 what happens when they are unable to work to

                 protect us any longer.

                            It does strike me, though, that

                 this is an issue that would be better left to

                 collective bargaining, and it's an issue which

                 would be better determined in a more objective

                 manner than having to prove that the cancer

                 was not caused by a fire-related situation.

                            I totally understand and agree with

                 lungs and other things, but firefighters wear

                 protective gear.  Certainly in the city of New

                 York, they wear protective gear.

                            And so I -- I'm going to vote no on

                 this.  And in no way to denigrate or be

                 unsympathetic to the wonderful work that

                 firefighters do, but I believe that we need

                 more -- a more finely tuned bill than this one

                 to make it so that we can show that a melanoma

                 or other malady is in fact caused by





                                                          5585



                 on-the-job dangers.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane will be recorded in the negative.

                            The Secretary will announce the

                 results.

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            The Secretary will read Calendar

                 1522.

                            THE SECRETARY:    Calendar Number

                 1522, by Senator Padavan, Senate Print 6377,

                 an act to amend the Public Authorities Law, in

                 relation to authorizing the Triborough Bridge

                 and Tunnel Authority.

                            SENATOR HEVESI:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan, Senator Hevesi has requested an

                 explanation of 1522.

                            SENATOR PADAVAN:    Thank you, Mr.

                 President.

                            This bill would permit police





                                                          5586



                 officers in the City of New York to travel the

                 city without paying tolls on our bridges and

                 tunnels.

                            ACTING PRESIDENT MEIER:    Senator

                 Hevesi.

                            SENATOR HEVESI:    Mr. President,

                 would the sponsor yield for a few questions?

                            SENATOR PADAVAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR HEVESI:    Senator Padavan,

                 is there a requirement in this legislation

                 that only tolls which are necessary for

                 on-duty performance of the police officer's

                 job are exempt?

                            SENATOR PADAVAN:    No.  No.

                            SENATOR HEVESI:    Thank you.

                            Through you, Mr. President, if the

                 sponsor will continue to yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan, do you continue to yield?

                            SENATOR PADAVAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR HEVESI:    Senator Padavan,





                                                          5587



                 am I to then understand that if this

                 legislation is enacted it is possible for,

                 let's say, a New York City police officer who

                 lives in Nassau County and goes to vacation in

                 the Catskills not to have to pay the toll

                 either way on the Throgs Neck Bridge?

                            SENATOR PADAVAN:    Yes.

                            SENATOR HEVESI:    Mr. President,

                 one final question.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan, do you yield?

                            SENATOR PADAVAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR HEVESI:    Thank you,

                 Senator.  Can you give me an idea of the

                 fiscal implication that this might have for

                 the TBTA?

                            SENATOR PADAVAN:    No.

                            SENATOR HEVESI:    Mr. President,

                 on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Hevesi, on the bill.

                            SENATOR HEVESI:    Mr. President, I

                 appreciate Senator Padavan's brief answers.  I





                                                          5588



                 would also answer them briefly.

                            This is really beyond the pale.

                 And just to give a sense to my colleagues of

                 the fiscal implications of this, I have

                 performed a very sketchy, unscientific and

                 unbelievably conservative fiscal estimate of

                 what this might cost.

                            Since there are 40,000 New York

                 City police officers, and somewhere in the

                 neighborhood of 40 percent of them live

                 outside of the City of New York, I

                 automatically excluded the 60 percent who live

                 in the city.  So let's take the 40 percent who

                 live outside of New York City.  That's 16,000

                 police officers.

                            If we assume that each one of them

                 will only make one round trip into the city

                 and back, and they use the discounted E-ZPass,

                 so it's not $7 for the round trip, it's $6, if

                 they do one a week, all 16,000 of them, that

                 will cost $4,992,000 per year.  And that is an

                 unbelievably conservative estimate.

                            This is more likely to cost

                 somewhere in the neighborhood of $25 million

                 to $30 million a year.  And, you know, I don't





                                                          5589



                 even know if I would consider this if it had

                 an exemption in here that police officers

                 while performing their duty should get the

                 toll.  I don't even know if I would do that.

                 That's probably better left to collective

                 bargaining.

                            Because from my own experience, I

                 expend on E-ZPass, with the discount,

                 somewhere in the neighborhood of between $800

                 and $1,000 a year to travel between the five

                 boroughs of the City of New York.  Which is

                 outrageous to begin with.

                            So that's what we're talking about

                 here.  And I don't know how we would be able

                 in good conscience to go back to our

                 constituents and say we gave a huge tax break

                 to police officers so that they can go through

                 New York City on to vacation or, when they're

                 coming in from Nassau County -- as so many of

                 our wonderful police officers live -- into

                 Manhattan, over the Mid-Town Tunnel or under

                 the Mid-Town Tunnel, so that they can have

                 dinner in the city, that they don't have to

                 pay the toll anymore.

                            I mean, this is just outrageous.





                                                          5590



                 Beyond the pale.  And with all due respect to

                 New York City police officers, who are the

                 finest police officers in the world, this is

                 something that should not be given to them.

                 It should not be given to anyone in this

                 fashion.  It cannot be justified fiscally.  It

                 cannot be justified on the merits or on the

                 substance.  It's just wrong.  And in my short

                 time here in the New York State Senate, this

                 one, next to the commuter tax repeal, this one

                 takes the cake.

                            I will be voting no.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Mr. President,

                 if Senator Padavan would yield for a question.

                            ACTING PRESIDENT MEIER:    Senator

                 Padavan, do you yield for a question?

                            SENATOR PADAVAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR PATERSON:    Senator, I

                 just have to confide in you that this is

                 beyond the pale.

                            (Laughter.)





                                                          5591



                            SENATOR PADAVAN:    You have to

                 what?

                            SENATOR PATERSON:    Confide in you

                 that this is beyond the pale.  And now, given

                 Senator Hevesi's comments, three pales and

                 you're out.

                            Senator, this I assume is analogous

                 to the idea we had some years ago to allow for

                 the police to ride the subways for free.  Am I

                 not correct?

                            SENATOR PADAVAN:    Yes.

                            SENATOR PATERSON:    But when the

                 police are riding the subways, that already

                 assumed that they were in the jurisdiction; is

                 that correct?

                            SENATOR PADAVAN:    Yes.

                            SENATOR PATERSON:    What we're

                 doing now is we're trying to find a way to

                 take them outside of the jurisdiction to bring

                 them into the jurisdiction.  I guess that's

                 the basis of the bill?

                            SENATOR PADAVAN:    No.

                            SENATOR PATERSON:    Madam

                 President -- I mean Mr. President.

                            ACTING PRESIDENT MEIER:    Yes.





                                                          5592



                            SENATOR PATERSON:    You know, ever

                 since we passed this resolution calling for

                 equity in the Constitution, I feel that half

                 the time I should say "Madam President"

                 regardless of who the president is.

                            (Laughter.)

                            SENATOR PATERSON:    That makes up

                 for the failure of this Senate to coincide

                 with the number of women that should serve

                 here.

                            But putting that aside, if Senator

                 Padavan would yield for a question.

                            SENATOR PADAVAN:    Yes.

                            SENATOR PATERSON:    What is the

                 basis of this bill?

                            SENATOR PADAVAN:    As previously

                 explained.

                            SENATOR PATERSON:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    While I'm

                 consulting the seer or the shaman or whoever

                 can tell me what the basis of the bill is, I

                 wondered if Senator Paterson would yield for

                 another question.





                                                          5593



                            ACTING PRESIDENT MEIER:    Senator

                 Padavan, do you yield?

                            SENATOR PADAVAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR PATERSON:    Senator, if

                 there is this willingness to provide for this

                 special honor that would be bestowed on police

                 officers, why would we not just negotiate that

                 into their contract?

                            SENATOR PADAVAN:    All right,

                 Senator, let me be a little bit more erudite

                 and get away from the yeses and nos, only

                 because you're such a dear friend and a close

                 ally and we get often confused for each other.

                            The fact remains, yes, there are

                 probably occasions when a police officer would

                 be going over the Throgs Neck Bridge or the

                 Whitestone Bridge or the Triborough Bridge and

                 not going to employment, not going to his

                 precinct, perhaps going, as someone said

                 earlier, to have a dinner someplace.  But much

                 of the time he would be going to his place of

                 employment, meaning to a precinct in the Bronx

                 or over the Triborough Bridge to a precinct in





                                                          5594



                 Harlem, in your district.  This bill would

                 preclude him having to pay a toll.  Him or

                 her.

                            Now, police officers do not get

                 different salaries depending on where they are

                 in the city of New York.  If a police officer

                 lives in Queens and works in a precinct in

                 Queens, obviously he pays no tolls.  But if

                 he's assigned to a precinct in the Bronx and

                 he lives in Queens, then he will.  Or if he's

                 in Brooklyn and he's assigned to Staten

                 Island, then he'll have to go over the

                 Verrazano Bridge, and he will.  So what we're

                 trying to do is deal with that inequity.

                            Secondly, I think as you pointed

                 out, quite properly, that when police officers

                 are in the subway system, they provide a level

                 of security.  Because, as you know, a police

                 officer in the City of New York is always on

                 duty.  He must always respond to an illegality

                 that takes place when he's aware of it,

                 wherever he may be.

                            So obviously that would relate to

                 him driving over the Triborough Bridge,

                 sitting in traffic -- as we often are -- and





                                                          5595



                 an incident occurs, he is there.  So in a

                 sense, there is a similarity.

                            He would be in the jurisdiction on

                 any of those bridges of the City of New York.

                 If he's going over the Whitestone or the

                 Throgs Neck, he's somewhere between Queens and

                 the Bronx.  If he's going over the Triborough,

                 he's between Queens and Manhattan.  And if

                 he's going over the Verrazano, he's between

                 Brooklyn and Staten Island.  So he is in the

                 jurisdiction at all times.

                            So those, fundamentally, are the

                 reasons.

                            Yes, there would be a preference if

                 we could somehow do this.  But I think it's

                 impossible to have specific times and dates

                 and so on and reimbursement as we do.  But the

                 fact remains, I think that would be

                 impractical.  And I would quarrel with the

                 calculations as to the volume of occasions

                 where the nontoll policy would result to a

                 cost of the magnitude previously outlined.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Thank you, Mr.





                                                          5596



                 President.  On the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson, on the bill.

                            SENATOR PATERSON:    There are

                 times when we ask questions on legislation to

                 elicit responses that we want put on the

                 record.  But I'd have to say that this is

                 somewhat of an exception.

                            I am actually indebted to Senator

                 Padavan, because his further explanation of

                 the bill to me beyond that that he gave to

                 Senator Hevesi makes me understand exactly

                 what the bill is about.

                            I thought previously that the

                 primary notion was to try to bring more police

                 officers into the city and to make it easier

                 for them to be in the city.  And although

                 Senator Padavan does admit that that might be

                 a by-product of the bill, it's really

                 ancillary to the true meaning of the actual

                 bill itself.

                            What Senator Padavan is in effect

                 saying is we are not only not going to have a

                 residency requirement in New York City, but we

                 are going to add to that by making it easier





                                                          5597



                 for those who live outside the jurisdiction to

                 travel into the jurisdiction to come to work.

                 So in other words, we're going to reward those

                 officers who live the furthest away from their

                 precincts by giving them free passage through

                 our toll systems to actually get to work.

                            I think that is very much anathema

                 to the spirit that we would want police

                 officers, because we asked them to be on duty

                 24 hours a day, as Senator Paterson -

                 Padavan -- I'm Senator Paterson -- averred.  I

                 think that what we really would want to do is

                 to provide for all those encouragements making

                 the officers feel more comfortable living in

                 the actual areas in which they work -- not in

                 the actual precinct, but in the city in which

                 they work.

                            So what my original understanding

                 of the bill was was actually enhanced by

                 Senator Padavan's explanation.  I agree with

                 Senator Hevesi.  I don't know whether those

                 numbers -- and I don't think he tried to say

                 those numbers were absolutely accurate.  But

                 in a cursory way, he gave us a very

                 conservative estimate of how much this would





                                                          5598



                 cost the city.

                            But I think that the expenditure in

                 terms of dollars only pales in comparison to

                 what it means to have New York City taxpayers

                 in a sense being part of the sponsoring of

                 individuals who, had they been living in the

                 city, would have been on duty and there'd be

                 more of them to perhaps stop crimes more of

                 the time than what we have now, which is

                 really what would be a state-sponsored living

                 condition outside of the city.

                            Now, I grew up in Nassau County,

                 where in most jurisdictions the police

                 officers have to live where they work.  You

                 can't do anything in Nassau County unless you

                 actually live there.  The only way to get to a

                 beach, a private beach in Nassau County if

                 you're not a resident is to be born in the

                 water.

                            So it's my opinion that if Senator

                 Hevesi's point was correct, that this bill is

                 actually beyond beyond the pale.  So I

                 obviously would urge a no vote on this bill.

                 With the consent of Senator Padavan, of

                 course.





                                                          5599



                            ACTING PRESIDENT MEIER:    Senator

                 Marchi.

                            SENATOR MARCHI:    I thought

                 Senator Paterson was reinforcing my support of

                 Senator Padavan.

                            But I think that the welcome

                 presence and the easy access to law

                 enforcement people who have experience and are

                 more apt to not overreact but to emphasize

                 the -- and reinforce the security that would

                 flow from their very presence and their access

                 to all parts of the city I think speaks

                 eloquently for Senator Padavan's bill.

                            And you reinforced my views in an

                 opposite direction.  But I think we both

                 identified areas that make this bill even more

                 desirable.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator





                                                          5600



                 Dollinger, why do you rise?

                            SENATOR DOLLINGER:    Just to

                 explain my vote, Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger, to explain his vote.

                            SENATOR DOLLINGER:    I'm persuaded

                 by the comments of my colleagues Senator

                 Hevesi and Paterson.

                            It seems to me that what this bill

                 does, this is another time where we're

                 inadvertently encouraging sprawl.  We're

                 telling people who work in cities that it's

                 okay to live outside the city, because we're

                 going to make it less expensive for you to get

                 to work.  We're going to remove part of the

                 cost of living further away from the city.

                            I point out to everybody that under

                 the IRS rules, nobody gets to deduct the cost

                 of their commuting.  We shouldn't be

                 subsidizing commuting so that people can live

                 further away from the place that they work.

                            If you believe in residency laws,

                 this seems to me to take a step back from

                 those, further back and further away from

                 them.





                                                          5601



                            I vote no.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will record the negatives and

                 announce the results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1522 are

                 Senators Breslin, Connor, Coppola, Dollinger,

                 Duane, Hevesi, Montgomery, Onorato,

                 Oppenheimer, Paterson, Rosado, Sampson,

                 Schneiderman, A. Smith, M. Smith, Stachowski,

                 Lachman, and Mendez.  Ayes, 43.  Nays, 18.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Bonacic, that completes

                 Senate Supplemental Calendar 57B.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.  I'd ask that we return to the

                 reports of standing committees.  I believe

                 there's a Rules Committee report at the desk.

                 And I ask it to be read.

                            ACTING PRESIDENT MEIER:    Reports

                 of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the





                                                          5602



                 following bills:

                            Senate Print 6301, by Senator

                 Paterson, an act authorizing the City of New

                 York;

                            7093, by Senator Velella, an act to

                 amend the General Business Law;

                            7099, by Senator LaValle, an act to

                 amend the Environmental Conservation Law;

                            7172A, by Senator Morahan, an act

                 to amend the Energy Law;

                            7284A, by Senator Marcellino, an

                 act to amend the Environmental Conservation

                 Law;

                            7559, by Senator Kuhl, an act to

                 amend the Penal Law;

                            7686, by Senator Bonacic, an act to

                 amend the Environmental Conservation Law;

                            7737, by Senator Hannon, an act to

                 amend the Civil Service Law;

                            7835, by Senator Larkin, an act to

                 establish a library district.

                            7850, by Senator Larkin, an act to

                 amend the Racing, Pari-Mutuel Wagering and

                 Breeding Law;

                            7881A, by Senator Nozzolio, an act





                                                          5603



                 to amend the Vehicle and Traffic Law;

                            7882, by Senator Nozzolio, an act

                 to amend the Correction Law and the Penal Law;

                            7908B, by Senator Volker, an act to

                 amend the Public Authorities Law;

                            7924A, by Senator Volker, an act to

                 amend the Vehicle and Traffic Law and the

                 State Finance Law;

                            7929, by Senator Seward, an act to

                 authorize the City of Cortland;

                            7946, by Senator Volker, an act to

                 authorize the reopening;

                            7973, by Senator Larkin, an act to

                 amend the Tax Law;

                            7996, by Senator Larkin, an act to

                 amend the Executive Law;

                            8034, by Senator Stafford, an act

                 to amend the Town Law;

                            And 8042, by Senator DeFrancisco,

                 an act to amend the Economic Development Law.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic.

                            SENATOR BONACIC:    I move to





                                                          5604



                 accept the report of the Rules Committee,

                 please.

                            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 is accepted.

                            Senator Bonacic.

                            SENATOR BONACIC:    Mr. President,

                 I ask that we now take up the noncontroversial

                 calendar for Supplemental Calendar 57C,

                 please.

                            ACTING PRESIDENT MEIER:    With

                 regard to Supplemental Calendar 57C, the

                 Secretary will read the noncontroversial

                 calendar.

                            Senator Duane, why do you rise?

                            SENATOR DUANE:    Mr. President,

                 could we wait till we at least get the

                 calendar on our desks?

                            ACTING PRESIDENT MEIER:    Yes, we





                                                          5605



                 could.

                            I'm sorry.  Senator Stavisky.

                            SENATOR STAVISKY:    Mr. President,

                 I request unanimous consent to vote no on

                 Calendar 1522.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Stavisky will be recorded

                 in the negative on Calendar 1522.

                            SENATOR STAVISKY:    Thank you.

                            ACTING PRESIDENT MEIER:    You're

                 welcome.

                            The calendars have been placed on

                 the members' desks.

                            The Secretary will read the

                 noncontroversial calendar.

                            THE SECRETARY:    Calendar Number

                 1529, by Senator Paterson, Senate Print 6301,

                 an act authorizing the City of New York to

                 reconvey its interest.

                            ACTING PRESIDENT MEIER:    There is

                 a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the





                                                          5606



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1530, by Senator Velella, Senate Print 7093,

                 an act to amend the General Business Law and

                 the Penal Law, in relation to collateral loan

                 brokers.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR COPPOLA:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1531, by Senator LaValle, Senate Print 7099,

                 an act to amend the Environmental Conservation

                 Law, in relation -

                            SENATOR BONACIC:    Please lay it

                 aside for the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 1532, by Senator Morahan, Senate Print 7172A,





                                                          5607



                 an act to amend the Energy Law, in relation to

                 energy -

                            SENATOR COPPOLA:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1534, by Senator Kuhl, Senate Print 7559, an

                 act to amend the Penal Law, in relation to

                 defenses.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1535, by Senator Bonacic, Senate Print 7686,

                 an act to amend the Environmental Conservation

                 Law, in relation to permits for mining.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR COPPOLA:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to





                                                          5608



                 Calendar Number 1536, Senator Hannon moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11035 and substitute it

                 for the identical Senate Bill Number 7737,

                 Third Reading Calendar 1536.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1536, by the Assembly Committee on Rules,

                 Assembly Print Number 11035, an act to amend

                 the Civil Service Law, in relation to the

                 determination.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1537, by Senator Larkin, Senate Print 7835 -





                                                          5609



                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1538, by Senator Larkin, Senate Print 7850, an

                 act to amend the Racing, Pari-Mutuel Wagering

                 and Breeding Law, in relation to the

                 compensation of directors.

                            SENATOR BRESLIN:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1539, by Senator Nozzolio, Senate Print 7881A,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to minimum dimensions.

                            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, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT MEIER:    The bill





                                                          5610



                 is passed.

                            THE SECRETARY:    Calendar Number

                 1540, by Senator Nozzolio, Senate Print 7882,

                 an act to amend the Correction Law and the

                 Penal Law, in relation to the conditional

                 release.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    In relation to

                 Calendar Number 1541, Senator Volker moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11104B and substitute it

                 for the identical Senate Bill Number 7908B,

                 Third Reading Calendar 1541.

                            ACTING PRESIDENT MEIER:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1541, by the Assembly Committee on Rules,

                 Assembly Print Number 11104B, an act to amend

                 the Public Authorities Law, in relation to

                 authorizing the Roswell Park Cancer Institute.

                            ACTING PRESIDENT MEIER:    Read the





                                                          5611



                 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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1542, by Senator Trunzo, Senate Print 7924A,

                 an act to amend the Vehicle and Traffic Law

                 and the State Finance Law, in relation to

                 special license plates.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number





                                                          5612



                 1543, by Senator Seward, Senate Print 7929, an

                 act to authorize the City of Cortland to amend

                 the city charter.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1544, by Senator Volker, Senate Print 7946, an

                 act to authorize the reopening of the optional

                 twenty-year retirement plan.

                            ACTING PRESIDENT MEIER:    There is

                 a home rule message at the desk.

                            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.)





                                                          5613



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1545, by Senator Larkin, Senate Print 7973, an

                 act to amend the Tax Law, in relation to the

                 imposition of a hotel and motel tax.

                            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, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1546, by Senator Larkin, Senate Print 7996.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson, why do you rise?

                            SENATOR PATERSON:    Mr. President,

                 on the previous bill I believe Senator

                 Dollinger voted in the negative.

                            SENATOR DOLLINGER:    I was





                                                          5614



                 recorded in the negative on 1545, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Without

                 objection, Senator Dollinger will be recorded

                 in the negative with regard to Calendar 1545.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1546, by Senator Larkin, Senate Print 7996, an

                 act to amend the Executive Law, in relation to

                 the use of unmarked cars.

                            SENATOR DOLLINGER:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 1547, by Senator Stafford, Senate Print 8034,

                 an act to amend the Town Law, in relation to a

                 publicity fund.

                            ACTING PRESIDENT MEIER:    There is

                 a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the





                                                          5615



                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  I'd like unanimous consent to be

                 recorded in the affirmative on Calendar Number

                 1513, S4931A.

                            ACTING PRESIDENT MEIER:    Without

                 objection, you will be so recorded.

                            SENATOR DUANE:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1548.

                            THE SECRETARY:    Calendar Number

                 1548, by Senator DeFrancisco, Senate Print

                 8042, an act to amend the Economic Development

                 Law, in relation to authorizing cross-border

                 tourism promotion.

                            SENATOR COPPOLA:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.





                                                          5616



                            Senator Bonacic, that concludes the

                 reading of the noncontroversial portion of

                 Supplemental Calendar 57C.

                            SENATOR BONACIC:    Mr. President,

                 could we proceed with the controversial

                 Supplemental Calendar Number 57C.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the controversial

                 calendar.

                            SENATOR BONACIC:    Thank you.

                            THE SECRETARY:    Calendar Number

                 1530, by Senator Velella, Senate Print 7093,

                 an act to amend the General Business Law and

                 the Penal Law, in relation to collateral loan

                 brokers.

                            SENATOR COPPOLA:    Explanation.

                            SENATOR BONACIC:    We ask it that

                 be laid aside temporarily.

                            ACTING PRESIDENT MEIER:    Lay it

                 aside temporarily.

                            The Secretary will continue to

                 rode.

                            THE SECRETARY:    Calendar Number

                 1532, by Senator Morahan, Senate Print 7172A,

                 an act to amend the Energy Law, in relation to





                                                          5617



                 energy efficient appliances.

                            SENATOR COPPOLA:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan, an explanation has been requested by

                 Senator Coppola of Calendar 1532.

                            While Senator Morahan is getting

                 ready, may I ask members who have bills on the

                 calendar to come to the chamber.

                            SENATOR MORAHAN:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 Morahan.

                            SENATOR MORAHAN:    This bill

                 requires the New York State Energy Research

                 and Development Authority, in consultation

                 with the Office of General Services, OGS, to

                 establish minimum efficiency standards for

                 appliances purchased by or for the state or by

                 any other of its agencies or public

                 authorities.

                            SENATOR COPPOLA:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This





                                                          5618



                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, will you kindly call up Calendar

                 Number 1548, please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 1548.

                            THE SECRETARY:    Calendar Number

                 1548, by Senator DeFrancisco, Senate Print

                 8042, an act to amend the Economic Development

                 Law, in relation to authorizing cross-border

                 tourism promotion.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco, Senator Coppola has requested an

                 explanation of Calendar 1548.

                            SENATOR DeFRANCISCO:    This is a

                 bill that has passed the Assembly that I've





                                                          5619



                 worked with with Assemblyman Tokasz in order

                 to help the Buffalo and Niagara Falls areas.

                 Because in those areas that are having

                 difficulty competing with some casinos in

                 Canada and other types of amusements that are

                 going on across the border, and right now it's

                 authorized -

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco, would you excuse me for a minute.

                            Speaking of people who are

                 competing, people are competing with members

                 who are debating bills.  If you have a

                 conversation, take it outside, or we're going

                 to be here all night.

                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    Thank you,

                 Mr. President.

                            And by enabling this cross-border

                 tourism promotion, I think it will help areas

                 that are competing with other states and also,

                 more importantly for the Buffalo-Niagara Falls

                 area, for other countries -- in this case,

                 Canada.

                            ACTING PRESIDENT MEIER:    Senator

                 Coppola.





                                                          5620



                            SENATOR COPPOLA:    Will the

                 sponsor yield to a question?

                            ACTING PRESIDENT MEIER:    Senator

                 DeFrancisco, do you yield for a question?

                            SENATOR DeFRANCISCO:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR COPPOLA:    Thank you.

                            What specifically are we going to

                 do with this bill to attract more people to

                 come in?

                            SENATOR DeFRANCISCO:    This just

                 authorized tourism funding to be used across

                 borders.  Right now it cannot be.  Well, I

                 shouldn't say it cannot be.  It's by

                 regulation that the Department of Economic

                 Development could authorize such funding.

                            But this will put it in legislation

                 so no matter who the administration is, they

                 can use -- it could be "I Love New York"

                 funding, it could be the local TPA funding -

                 to actually take ads and advertise in another

                 country or another state.

                            SENATOR COPPOLA:    Mr. President.

                            ACTING PRESIDENT MEIER:    Senator





                                                          5621



                 Coppola.

                            SENATOR COPPOLA:    Can I ask the

                 sponsor one more question?

                            ACTING PRESIDENT MEIER:    Does the

                 sponsor continue to yield?

                            SENATOR DeFRANCISCO:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR COPPOLA:    If we are

                 fortunate enough to get casino gambling in the

                 Niagara Falls area, Buffalo area, would these

                 funds be available to -- for advertising?

                            SENATOR DeFRANCISCO:    Well,

                 that's a big if.  I've been here for eight

                 years, and we've been talking about casino

                 gambling.  And we need two separately elected

                 legislative bodies plus a referendum.

                            If I'm here when that happens, I

                 will assure you that I will do all I can to

                 make sure that this bill will benefit Western

                 New York and other areas to promote gambling.

                            SENATOR COPPOLA:    Thank you,

                 Senator.  Thank you, Mr. President.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.





                                                          5622



                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, will you return to the regular

                 reading of the calendar, starting with 1534,

                 please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read in regular order, starting

                 with 1534.

                            THE SECRETARY:    Calendar Number

                 1534, by Senator Kuhl, Senate Print 7559, an

                 act to amend the Penal Law, in relation to

                 defenses.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 Kuhl, Senator Coppola has requested an

                 explanation of Calendar 1534.





                                                          5623



                            SENATOR FUSCHILLO:    Mr.

                 President, can we once again ask for some

                 order in the chambers.  It's getting loud in

                 here.

                            ACTING PRESIDENT MEIER:    I'm

                 going to ask for order in the chamber.

                            Members and the staff, kindly take

                 your seats.  Members who have conversations

                 should take them outside.  Staff who have

                 conversations should take them outside.

                 Members are trying to debate bills and will

                 require everyone's cooperation.

                            Senator Kuhl.

                            SENATOR KUHL:    Thank you, Mr.

                 President.

                            Senator, this is a very simple

                 modification of current law.  The current law

                 is that in fact you're allowed to possess a

                 slot machine if it is more than 30 years old.

                 There are collectors of slot machines just

                 like collectors of teapots, cars, and other

                 items.

                            The thought is that the technology

                 is transferring so fast that in fact a

                 twenty-year-old slot machine is antiquated, no





                                                          5624



                 longer used.  And so the collectors have asked

                 that we update the law to make it more

                 specific and to have an affirmative defense

                 against any kind of a violation if in fact

                 they own a machine that is more than twenty

                 years old.

                            ACTING PRESIDENT MEIER:    Senator

                 Coppola.

                            SENATOR COPPOLA:    Would the

                 sponsor yield for a question?

                            ACTING PRESIDENT MEIER:    Senator

                 Kuhl, do you yield for a question?

                            SENATOR KUHL:    Certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR COPPOLA:    Senator, thank

                 you for the explanation.

                            Where are these slot machines

                 located?

                            SENATOR KUHL:    Pardon?

                            SENATOR COPPOLA:    Where are these

                 slot machines located?

                            SENATOR KUHL:    All over the

                 state, sir.

                            SENATOR COPPOLA:    There are slot





                                                          5625



                 machines -

                            SENATOR KUHL:    These slot

                 machines are owned by individuals.

                            Also, if you have read the bill,

                 and I don't know that you have, there's a

                 specific prohibition against using those for

                 any gambling purposes.  So the law already

                 says you cannot use these machines for

                 gambling purposes.

                            What we're simply saying is that

                 you can now own one for collection purposes if

                 it's more than twenty years old.

                            SENATOR COPPOLA:    Will this

                 affect the -

                            ACTING PRESIDENT MEIER:    Senator

                 Coppola, would you address the chair, please.

                            SENATOR COPPOLA:    I'm sorry, Mr.

                 President.  Will the sponsor answer -

                            ACTING PRESIDENT MEIER:    Senator

                 Kuhl, do you continue to yield?

                            SENATOR KUHL:    Certainly.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR COPPOLA:    Would this take

                 into effect if we legalize slot machines?





                                                          5626



                            SENATOR KUHL:    It has nothing to

                 do with that, sir.

                            SENATOR COPPOLA:    Nothing to do

                 with that?

                            SENATOR KUHL:    Nothing to do with

                 that.

                            SENATOR COPPOLA:    Mr. President,

                 on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Coppola, on the bill.

                            SENATOR COPPOLA:    I apologize for

                 asking these questions.  They're simple

                 questions.  But we get this information at the

                 last minute.  And I'd like to know a little

                 bit, I'd more like some clarity to this.  And

                 maybe if you provided this side of the aisle

                 the decency of giving us the information

                 before at the last minute, we wouldn't have

                 these times to ask.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect -

                            ACTING PRESIDENT MEIER:    Senator





                                                          5627



                 Duane, why do you rise?

                            SENATOR DUANE:    Thank you, Mr.

                 President.  Would the sponsor yield to a

                 question?

                            ACTING PRESIDENT MEIER:    Senator

                 Kuhl, do you yield for a question?

                            SENATOR KUHL:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    Thank you, Mr.

                 President.

                            Could the sponsor just explain a

                 little bit more why -- I have read the bill -

                 why -- I believe he said this has nothing to

                 do with gambling.  I don't understand that.

                            SENATOR KUHL:    Mr. President, I

                 didn't hear the question, I'm sorry.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane, would you restate your question for the

                 sponsor, please.

                            SENATOR DUANE:    Thank you, Mr.

                 President.

                            I did read the bill.  And I want to

                 commend Senator Coppola for raising terrific

                 questions about the bill.





                                                          5628



                            But I thought I heard the sponsor

                 say that this bill had nothing to do with

                 gambling.  Maybe I misheard him.  But I was

                 wondering if he could explain what it was that

                 he said, because I -

                            SENATOR KUHL:    Senator, if you've

                 read the bill, you'll notice that there are

                 two word changes.  In all of the law that

                 deals with this issue, there are two word

                 changes.

                            One is on line 5 of the bill where

                 the word "chapter" is changed to "article."

                 Not a significant change in the law.  Then, if

                 you go down to line 18, you'll see that there

                 is another one-word change.  The word is

                 changed -- "30" is eliminated, and "20" is put

                 in its place.

                            Very simple provision.  It just

                 says that there will be an affirmative defense

                 to any allegations about ownership of slot

                 machines if in fact it's more than twenty

                 years old.  That's the simple bill.

                            SENATOR DUANE:    Through you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Do you





                                                          5629



                 wish to the sponsor to yield?

                            SENATOR DUANE:    Yes, please, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 Kuhl, do you yield?

                            SENATOR KUHL:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    I'm wondering if

                 the sponsor could describe to us in real time

                 how long this particular piece of legislation

                 has been on our desks.

                            SENATOR KUHL:    This one?  On your

                 desks?  It was introduced the day before my

                 57th birthday, which was April 18.  So about

                 two months ago.

                            SENATOR DUANE:    Through you, Mr.

                 President, my question to the sponsor, if he'd

                 continue to yield, was how long this -

                            ACTING PRESIDENT MEIER:    Senator

                 Kuhl, do you yield for a question?

                            SENATOR KUHL:    If it doesn't deal

                 with how I celebrated my 57th birthday, yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.





                                                          5630



                            SENATOR DUANE:    Thank you.

                 Through you, Mr. President, hoping that I make

                 it that far.

                            I was wondering if the sponsor

                 could tell us how long this has been on our

                 desks since it was discharged as part of the

                 supplemental calendar.

                            SENATOR KUHL:    I have no idea,

                 Senator.

                            SENATOR DUANE:    Thank you.

                            Mr. President, on the bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane, on the bill.

                            SENATOR DUANE:    Even though I did

                 read the bill, the Senator made a very

                 compelling argument that only two lines are

                 necessary to have read on the bill.

                            But being a person who likes to do

                 his job here on the floor of the Senate, and

                 having had read the bill, and having had

                 listened to Senator Coppola's excellent

                 questions regarding the bill, I am now

                 satisfied with the explanation, and I will be

                 voting in the affirmative.

                            Thank you, Mr. President.





                                                          5631



                            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.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MEIER:    Senator

                 Coppola, to explain his vote.

                            SENATOR COPPOLA:    No, not on this

                 one.  Go ahead.  I'm sorry, I rose too

                 quickly.

                            ACTING PRESIDENT MEIER:    That's

                 all right.  Not a problem.

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Coppola, do you wish to be

                 recognized?

                            SENATOR COPPOLA:    I'll yield

                 to -

                            ACTING PRESIDENT MEIER:    Senator

                 Breslin, do you wish to be recognized?

                            SENATOR BRESLIN:    Yes, Mr.





                                                          5632



                 President.  I request unanimous consent to be

                 recorded in the affirmative on 1522.

                            ACTING PRESIDENT MEIER:    Without

                 objection, you will be so recorded.

                            SENATOR DOLLINGER:    Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 Oppenheimer.

                            SENATOR OPPENHEIMER:    Thank you.

                 If I may, I would like also to be recorded in

                 the affirmative on 1522.

                            ACTING PRESIDENT MEIER:    Without

                 objection, you will be so recorded.

                            Senator Stachowski.

                            SENATOR STACHOWSKI:    Mr.

                 President, I also would like to be to get

                 unanimous consent to be recorded in the

                 affirmative on Calendar 1522.

                            ACTING PRESIDENT MEIER:    Without

                 objection, you will be so recorded.

                            Senator Dollinger.

                            SENATOR DOLLINGER:    Mr.

                 President, I would ask for unanimous consent

                 to change my vote from the negative to the

                 affirmative on Calendar Number 1522.





                                                          5633



                            ACTING PRESIDENT MEIER:    Without

                 objection, you will be so recorded.

                            SENATOR DOLLINGER:    Thank you,

                 Mr. President.

                            ACTING PRESIDENT MEIER:    Senator

                 Coppola.

                            SENATOR COPPOLA:    Mr. President,

                 I would also like to unanimously change my

                 vote on 1522.

                            ACTING PRESIDENT MEIER:    Without

                 objection, you will be so recorded.

                            The Secretary will continue to read

                 in regular order.

                            THE SECRETARY:    Calendar Number

                 1535, by Senator Bonacic, Senate Print 7686,

                 an act to amend the Environmental Conservation

                 Law, in relation to permits for mining.

                            SENATOR COPPOLA:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic, Senator Coppola has requested an

                 explanation of Calendar 1535.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.

                            This is a bill that will amend the

                 Environmental Conservation Law with respect to





                                                          5634



                 permits for mining.  This has been worked out

                 with the DEC.  It applies specifically to the

                 bluestone industry.  Back in 1991, we did the

                 Mining Reclamation Act, which applied to sand

                 and gravel operations.  And in order to start

                 exploration of materials, you had to go

                 through extensive and expensive document

                 preparation with an engineer, and you had to

                 pay expensive fees -- literally, several

                 thousand dollars, before you get started.

                            The bluestone industry is mainly in

                 the Delaware County area, and it's upstate in

                 the Catskills.  And they got caught in the

                 1991 sand -- excuse me, the Mining Reclamation

                 Act.

                            What we want to do for that

                 industry, only the bluestone -- and the little

                 guy -- we want to give him an opportunity on

                 an acre of land to go in between six months

                 and up to a year and a half, dig in the

                 ground -- don't take any materials out -- to

                 see what's there, to see if it's then proper

                 to proceed with the expenses to undertake

                 exploration.

                            If they decide to walk away,





                                                          5635



                 there's a two-year reclamation period to fix

                 that one acre.  But if they like what they

                 see, they file the -- then they proceed with

                 the more costly application.

                            That's the bill.

                            SENATOR COPPOLA:    Thank you.

                            SENATOR BONACIC:    You're welcome.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  If the sponsor would yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic, do you yield for a question?

                            SENATOR BONACIC:    I do.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    Who is

                 responsible for the reclamation?

                            SENATOR BONACIC:    The operator.

                 In other words, the bluestone operator is

                 responsible for the reclamation.

                            And they file, by the way -

                 there's bonds to be filed, collateral to make

                 sure that it gets done.

                            SENATOR DUANE:    Through you, Mr.





                                                          5636



                 President, if the sponsor would continue to

                 yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Bonacic, do you yield?

                            SENATOR BONACIC:    I do.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    And the bond that

                 they're required to put down is enough to

                 ensure that if they fail to reclaim the land,

                 that DEC would be able to use that money to

                 fully reclaim the land?

                            SENATOR BONACIC:    Oh, absolutely.

                            This, by the way, is very

                 environmental-friendly.  DEC has signed off on

                 this.  And I don't have to tell you, our

                 regulations are one of the toughest in the

                 world in the State of New York.  And this has

                 been worked out with the industry and that

                 department.

                            SENATOR DUANE:    Thank you.  Thank

                 you, Mr. President.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This





                                                          5637



                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1537, by Senator Larkin, Senate Print 7835, an

                 act to establish a library district in those

                 portions of the Pine Bush Central School

                 District.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR ONORATO:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Larkin, an explanation has been requested by

                 Senator Onorato of Calendar 1537.

                            SENATOR LARKIN:    Mr. President,

                 Senator Onorato, this is a very simple bill.

                 We have a town that doesn't have a library

                 district.  It's part of a five-town group that

                 belongs to a unified school district.  The

                 population of that town now is about 30,000

                 people, and they're trying to create their own





                                                          5638



                 library.

                            They were associated with the city

                 library.  The city library has so far not

                 wanted to continue association with them

                 because their library is overcrowded.  So the

                 townspeople voted, and they want their own

                 library.

                            ACTING PRESIDENT MEIER:    Senator

                 Onorato.

                            SENATOR ONORATO:    Mr. President,

                 will the sponsor yield to a question?

                            SENATOR LARKIN:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR ONORATO:    Senator Larkin,

                 earlier today we passed a similar bill dealing

                 with a library.  How does your bill differ

                 from the one that we passed earlier?

                            SENATOR LARKIN:    We're giving

                 them the opportunity -- there has been some

                 conflict, as I mentioned, between the library

                 and the City of Middletown.  And they haven't

                 been able to reach an agreement.

                            And it was decided that we would





                                                          5639



                 put this in in order to enable the people in

                 the town to start moving forward to have a

                 library.  Because what happened since we

                 passed the other bill, the whole library has

                 decided that the -- the people in the town of

                 Wallkill will not be able to use that library.

                            SENATOR ONORATO:    So in other

                 words -- will you continue to yield?

                            SENATOR LARKIN:    Yes.

                            SENATOR ONORATO:    -- you're

                 basically giving two different communities

                 options to exercise the use of your

                 legislation?

                            SENATOR LARKIN:    Yes.

                            SENATOR ONORATO:    Thank you.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            SENATOR LACHMAN:    Mr. President.

                            ACTING PRESIDENT MEIER:    The bill





                                                          5640



                 is passed.

                            Senator Lachman.

                            SENATOR LACHMAN:    I'd like

                 unanimous consent to change my vote on 1522

                 from the negative to the positive.

                            ACTING PRESIDENT MEIER:    Without

                 objection, you will be so recorded.

                            The Secretary will continue to

                 read.

                            SENATOR COPPOLA:    Mr. President.

                            ACTING PRESIDENT MEIER:    I'm

                 sorry.  Senator Coppola.

                            SENATOR COPPOLA:    I just was

                 wondering, did we overlook Bill 1533?  Can we

                 ask that that bill be put aside?

                            ACTING PRESIDENT MEIER:    That

                 bill is high, Senator Coppola.  In other

                 words, it has not aged enough to be brought

                 before the house.

                            SENATOR COPPOLA:    Okay.  Thank

                 you very much.

                            ACTING PRESIDENT MEIER:    Senator

                 Onorato.

                            SENATOR ONORATO:    I believe

                 earlier on you recorded me incorrectly on





                                                          5641



                 Calendar Number 1522.  I was a yes, and I

                 believe you have me recorded as a no.  Will

                 the record so indicate?

                            ACTING PRESIDENT MEIER:    Senator,

                 I believe we recorded you correctly.  But we'd

                 be happy to correct the correction, and you

                 will be so recorded.

                            SENATOR ONORATO:    Thank you, sir.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will continue to read.

                            THE SECRETARY:    Calendar Number

                 1538, by Senator Larkin, Senate Print 7850, an

                 act to amend the Racing, Pari-Mutuel Wagering

                 and Breeding Law, in relation to the

                 compensation.

                            SENATOR BRESLIN:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    An

                 explanation has been requested, Senator

                 Larkin, by Senator Breslin.

                            SENATOR LARKIN:    Oh, my brother

                 over there.

                            Mr. President, Senator, it's been

                 twenty years ago since the OTB directors have

                 had an increase in their per diem for their





                                                          5642



                 daily wages.  Since that time, the time

                 consumed by the OTB directors has tripled in

                 performance of their duties, the number of

                 committees that they're assigned to and

                 whatnot.

                            So what we're doing is just making

                 it -- providing 250 for a regular scheduled

                 meeting.  It's twenty years since they've had

                 any substance -- any raise, period.

                            SENATOR BRESLIN:    Through you,

                 Mr. President, a question or two.

                            ACTING PRESIDENT MEIER:    Senator

                 Larkin, do you yield for a question?

                            SENATOR LARKIN:    I'd be

                 delighted.

                            SENATOR BRESLIN:    Senator Larkin,

                 will this reduce the amount of monies that

                 flow back to the counties as a result?

                            SENATOR LARKIN:    There will be

                 some reduction in it.

                            But they are convinced that the

                 overhead administration that they are

                 proposing will help to reduce the requirements

                 of cutting back on what would be going to the

                 municipalities.





                                                          5643



                            SENATOR BRESLIN:    Again, through

                 you, Mr. President, one further question.

                            SENATOR LARKIN:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Senator

                 Larkin yields.

                            SENATOR BRESLIN:    Can you tell

                 us, if you know, whether the Capital District

                 OTB, which is the one in this area that serves

                 my Senate district -

                            SENATOR LARKIN:    Mr. President, I

                 can't hear.

                            ACTING PRESIDENT MEIER:    First of

                 all, can we have a little quiet in the

                 chamber.

                            Senator Breslin, please restate

                 your question.

                            SENATOR BRESLIN:    Can you tell us

                 if Capital District OTB, which in part

                 encompasses this Senate district, has made a

                 request for this increase?

                            SENATOR LARKIN:    They all did.

                 They came here directly to ask our assistance.

                            Because, as I said, we've been

                 talking to members and directors, and people





                                                          5644



                 do not seem to feel that they're being

                 properly compensated for the requirements of

                 the job.  And in view of the fact that it's

                 been twenty years, they all uniformly asked

                 for this.

                            SENATOR BRESLIN:    Through you,

                 Mr. President, thank you very much, Senator

                 Larkin.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first day of the

                 first month next succeeding the date on which

                 it shall have become a law.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 59.  Nays,

                 2.  Senators Breslin and Dollinger recorded in

                 the negative.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Senator Stavisky.

                            SENATOR STAVISKY:    Mr. Chairman,

                 with unanimous consent I too would like to be





                                                          5645



                 recorded in the affirmative on Calendar 1522.

                            ACTING PRESIDENT MEIER:    Without

                 objection, the record will so reflect.

                            The Secretary will return to

                 Calendar 1538.

                            THE SECRETARY:    In relation to

                 Calendar 1538, those recorded in the negative

                 are Senators Breslin, Duane, and Dollinger.

                 Ayes, 58.  Nays, 3.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 1540, by Senator Nozzolio, Senate Print 7882,

                 an act to amend the Correction Law and the

                 Penal Law, in relation to the conditional

                 release.

                            SENATOR DUANE:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 Nozzolio, Senator Duane has requested an

                 explanation of Calendar 1540.

                            SENATOR NOZZOLIO:    The purpose of

                 this measure, Mr. President, is to permit

                 local conditional release commissions to

                 authorize the conditional release of





                                                          5646



                 terminally ill patients -- terminally ill

                 inmates serving definitive sentences, without

                 requiring them to serve at least 30 days prior

                 to conditional release.

                            ACTING PRESIDENT MEIER:    Senator

                 Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  Will the sponsor yield, please?

                            SENATOR NOZZOLIO:    Yes, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    Thank you.

                            Can you tell me what the law is now

                 and how this legislation changes the law?

                            SENATOR NOZZOLIO:    Counsel just

                 tells me the time period that current law

                 deals with, Senator Duane.  Currently, 30 days

                 prior to the release, the application must be

                 filed.  So the release cannot take place less

                 than 30 days from the application date, and

                 the release itself has to be made 60 days

                 within the sentence -- 60 days within the -

                 60 days for -- within the sentence period.

                            SENATOR DUANE:    Through you, Mr.





                                                          5647



                 President, if the sponsor would continue to

                 yield.

                            ACTING PRESIDENT MEIER:    Senator

                 Nozzolio, do you continue to yield?

                            SENATOR NOZZOLIO:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR DUANE:    If I could just

                 have a clarification.  That's the way the law

                 was previously that you just described, or

                 that's what the change does?

                            SENATOR NOZZOLIO:    Let me

                 rephrase -- explain again the current law.

                 Application can't be made within 30 days of

                 the sentence itself.

                            There's a current requirement that

                 he must serve at least 60 days of imprisonment

                 before actually being permitted release, that

                 that is being changed by this proposal.

                            SENATOR DUANE:    So this

                 legislation changes the amount of time you

                 have to be incarcerated before applying from

                 60 days to 30 days?

                            SENATOR NOZZOLIO:    That's

                 correct.





                                                          5648



                            SENATOR DUANE:    Does this -

                            ACTING PRESIDENT LIBOUS:    Senator

                 Duane, would you like Senator Nozzolio to

                 continue to yield?

                            SENATOR DUANE:    I would.  Thank

                 you, Mr. President, for taking the words out

                 of my mouth.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Nozzolio, do you continue to yield?

                            SENATOR NOZZOLIO:    Yes, Mr.

                 President.

                            SENATOR DUANE:    Thank you.

                            Does this legislation in any way

                 change the current process for applying for

                 release of a terminally ill-patient, aside

                 from the time limitation?

                            SENATOR NOZZOLIO:    No, Mr.

                 President.  This measure only deals with the

                 time periods.

                            SENATOR DUANE:    Thank you.  And

                 one final question, Mr. President.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Duane.

                            SENATOR DUANE:    I was wondering

                 if the sponsor knew approximately how many





                                                          5649



                 people have been released under terminally

                 ill -- this terminally ill procedure and

                 whether he believes that this will allow more

                 people to be released.

                            SENATOR NOZZOLIO:    The answer to

                 Senator Duane's question, Mr. President, is

                 no, I do not know the numbers.

                            I do know, though, that this is an

                 attempt to streamline the process.  The city

                 has requested this measure, is supporting the

                 measure.  And that we're trying to streamline

                 the process for those who are terminally ill

                 to be able to expedite the process.

                            SENATOR DUANE:    Thank you.

                            Thank you, Mr. President.  On the

                 bill.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Duane, on the bill.

                            SENATOR DUANE:    Thank you.  This

                 bill is a very good bill, because I believe it

                 will allow the possibility of more people to

                 actually be released before they die.  I say

                 allow the possibility, because, sadly, there's

                 been really a tremendous lack of efficiency -

                 I hope it's only efficiency as opposed to, you





                                                          5650



                 know, a bad intention for people to be

                 released compassionately under the terminally

                 ill standards.

                            If this will help more people to be

                 released, it's a good thing.  But I think that

                 we need to take a very good look at why it is

                 that so many people who are applying to be

                 released under terminally ill procedures are

                 actually dying before they get a chance to go

                 home.

                            So I'm going to vote yes on this,

                 with the hope that we will push to make it

                 possible for more people to be released

                 compassionately and die with their family.

                            Thank you, Mr. President.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.





                                                          5651



                            Senator Leibell.

                            SENATOR LEIBELL:    Mr. President,

                 there will be a Rules Committee meeting in the

                 Senate Majority Conference Room at 7:15.

                            ACTING PRESIDENT LIBOUS:    There

                 will be a Rules Committee meeting in the

                 Senate Majority Conference Room at 7:15.

                            Senator Rath.

                            SENATOR RATH:    Mr. President, I

                 wish to call up my bill, Senate Print Number

                 8042, recalled from the Assembly, which is now

                 at the desk.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1548, by Senator DeFrancisco, Senate Print

                 8042, an act to amend the Economic Development

                 Law.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Rath.

                            SENATOR RATH:    Mr. President, I

                 now move to reconsider the vote by which this

                 bill was passed.  And I ask that the bill be

                 restored to the order of third reading.

                            ACTING PRESIDENT LIBOUS:    The





                                                          5652



                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            SENATOR RATH:    Mr. President, I

                 now move to discharge, from the Committee on

                 Rules, Assembly Print Number 8915A and

                 substitute it for the identical bill.  Which

                 in Senate on first passage was voted

                 unanimously.

                            I now move that the substituted

                 Assembly bill have its third reading at this

                 time.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1548, by the Assembly Committee on Rules,

                 Assembly Print Number 8915A, an act to amend

                 the Economic Development Law, in relation to

                 authorizing.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.





                                                          5653



                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Yes, Mr.

                 President.  I would request unanimous consent

                 to be recorded in the affirmative on Calendar

                 394, Senate Bill 3117A, please.

                            ACTING PRESIDENT LIBOUS:    Without

                 objection.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1546, by Senator Larkin, Senate Print 7996, an

                 act to amend the Executive Law, in relation to

                 the use of unmarked cars.

                            SENATOR DOLLINGER:    Explanation,

                 please.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Larkin, an explanation is asked for by Senator

                 Dollinger.





                                                          5654



                            SENATOR LARKIN:    Yes, Mr.

                 President.

                            Senator Dollinger, if you remember

                 a few years -- about a year and a half ago,

                 the Governor issued an executive order that

                 members of the State Police could not use

                 speeding runs in unmarked cars.  And over the

                 past two years, we've seen on national

                 television incidents that have been reported

                 on law enforcement stopping young women, older

                 women, everybody else, unmarked car, some of

                 their cars were driven by women who drove away

                 because they were scared.

                            And what we're trying to do is to

                 prevent something from happening.  If we're

                 going to have somebody out chasing speeders

                 and we say the State Police can't do it, then

                 no other law enforcement branch should be able

                 to do it either.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Through you,

                 Mr. President, will Senator Larkin yield for a

                 couple of questions?

                            ACTING PRESIDENT LIBOUS:    Senator





                                                          5655



                 Larkin, will you continue to yield?

                            SENATOR LARKIN:    Yes.

                            ACTING PRESIDENT LIBOUS:    He

                 will, Senator.

                            SENATOR DOLLINGER:    This bill

                 says that the State Police -- and I guess I'm

                 most concerned about them -- that they cannot

                 use unmarked vehicles for routine stopping.

                 Is that correct?

                            SENATOR LARKIN:    That's right.

                            SENATOR DOLLINGER:    Or for

                 apprehension of motorists.  So they couldn't

                 use an unmarked car for apprehension of

                 anybody driving a car, regardless of what the

                 crime was.

                            SENATOR LARKIN:    Senator, we're

                 using the same language that's in the

                 Executive Order, which singled out the State

                 Police.  So we're not changing anything that's

                 not in existence now, except for the fact that

                 we're mandating this statewide for all other

                 law enforcement officials.

                            SENATOR DOLLINGER:    Okay.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Dollinger.





                                                          5656



                            SENATOR DOLLINGER:    Mr.

                 President, on the bill.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Dollinger, on the bill.

                            SENATOR DOLLINGER:    I appreciate

                 the concern that Senator Larkin has about

                 women being pulled over by unmarked cars.

                            SENATOR LARKIN:    Profiling, too.

                            SENATOR DOLLINGER:    Well,

                 profiling may be a problem too.

                            But more importantly, once the

                 vehicles are stopped, the person who gets out

                 of the unmarked vehicle is dressed in their

                 battle dress, they're ready to go.  They have

                 the little Smokey the Bear hats that our state

                 police officers use, they step out in their

                 brilliant gray uniforms with their sidearm, if

                 they're wearing one, or other police

                 paraphernalia.

                            It seems to me that concealed

                 vehicles is one of the ways we enforce our

                 laws, that we use unmarked cars as a tool for

                 setting up a radar station so people speed by.

                 If they see the car with the bubble on the top

                 and the blue, they know they're going to slow





                                                          5657



                 down.  If they see an ordinary car parked by

                 the side of the road, they don't slow down,

                 and they go through a speedtrap with an

                 unmarked or concealed vehicle.

                            And I'm concerned that while the

                 Governor may be addressing the issue of women

                 who would be afraid -- and I would also

                 acknowledge, Senator Larkin, that there may be

                 instances in which predators use unmarked

                 vehicles and pretend to be police.  But it

                 seems to me that if you're breaking the laws

                 of this state by speeding, whether you're

                 caught by a concealed vehicle, an unmarked

                 vehicle, or whether you're caught by one

                 that's in its -- painted bright blue with a

                 bubble on the top, you're breaking the laws of

                 this state and you should be arrested by any

                 police officer, regardless of whether they're

                 concealed in a concealed vehicle or not.

                            I think it's a commonly used police

                 technique.  I think it's appropriate in many

                 cases.  I don't want anybody going faster than

                 the speed limit in the state of New York.  And

                 whether they're caught by a concealed vehicle

                 or an unmarked vehicle or not, they shouldn't





                                                          5658



                 be speeding.

                            I think we're taking a step back

                 from the rigorous enforcement of our traffic

                 laws.  And I'm going to vote against this

                 bill, Mr. President, and I'd urge my

                 colleagues to do likewise.  This may be just

                 increasing the license for people to go a

                 little bit higher than 65.  Which I know no

                 member of this house has ever done.  And I

                 assume that we want to encourage our

                 constituents to do the same and be like us and

                 not go that extra mile an hour.

                            So I'm going to vote against this

                 bill.  I just think it's bad police work.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            Oh, I'm sorry.  Senator Coppola,

                 why do you rise?

                            SENATOR COPPOLA:    Just one

                 question to the sponsor of the bill, please.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Larkin, would you yield to Senator Coppola for

                 one question?

                            SENATOR LARKIN:    Yes, Mr.

                 President.





                                                          5659



                            ACTING PRESIDENT LIBOUS:    Senator

                 Coppola, he yields.

                            SENATOR COPPOLA:    How would this

                 impact on the drug enforcement officers in the

                 state?  Because a lot of them use -

                            SENATOR LARKIN:    I can't hear

                 you.  You'll have to speak up a little bit

                 more.

                            SENATOR COPPOLA:    How would this

                 impact on the drug enforcement officers who

                 use unmarked cars?

                            SENATOR LARKIN:    In drug

                 enforcement, officers 90 percent of the time

                 are not in battle address, as Senator

                 Dollinger said.

                            But the drug enforcement officers

                 who are out on the -- if you've noticed them,

                 they always have a unit that is assigned to

                 the local police department in their

                 operation.  So they would be right in the

                 front end of it.

                            SENATOR COPPOLA:    They can

                 continue using the unmarked cars?

                            SENATOR LARKIN:    Yes.

                            SENATOR COPPOLA:    Okay.  Thank





                                                          5660



                 you.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT LIBOUS:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Just to

                 explain my vote.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Dollinger, to explain his vote.

                            SENATOR DOLLINGER:    Senator

                 Coppola makes an interesting point.  What

                 about the routine traffic offense of driving

                 while intoxicated or driving under the

                 influence?

                            It seems to me that a concealed -

                 an officer in an unmarked car should have the

                 right, the obligation and the duty, if he sees

                 somebody swerving on a highway, to pull him

                 over, stop him, and, if he's convinced that

                 they're under the influence of alcohol, either





                                                          5661



                 administer a Breathalyzer test or arrest them

                 for drunken driving.

                            Why we would discourage them from

                 doing that through this bill seems to me to

                 make no sense.

                            ACTING PRESIDENT LIBOUS:

                 Results.

                            THE SECRETARY:    Ayes, 59.  Nays,

                 2.  Senators Coppola and Dollinger recorded in

                 the negative.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Leibell.

                            SENATOR LEIBELL:    Do we have any

                 housekeeping at the desk, Mr. President?

                            ACTING PRESIDENT LIBOUS:    Yes,

                 Senator, we do have some housekeeping at the

                 desk.

                            Senator Seward.

                            SENATOR SEWARD:    On behalf of

                 Senator Volker, please remove the sponsor star

                 from Calendar Number 218.

                            ACTING PRESIDENT LIBOUS:    The

                 star is removed from Calendar Number 218.

                            SENATOR SEWARD:    And also, Mr.





                                                          5662



                 President, on behalf of Senator Velella, I

                 move to recommit Senate Print Number 7093,

                 Calendar Number 1530, on the order of third

                 reading, to the committee on -- well, back to

                 committee.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is recommitted.

                            SENATOR SEWARD:    Thank you.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Leibell.

                            SENATOR LEIBELL:    Mr. President,

                 we'll stand at ease momentarily.

                            ACTING PRESIDENT LIBOUS:    The

                 Senate will stand at ease momentarily.

                            (Whereupon, the Senate stood at

                 ease at 7:21 p.m.)

                            (Whereupon, the Senate reconvened

                 at 7:45 p.m.)

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bonacic.

                            SENATOR BONACIC:    Mr. President,

                 I ask that we return to the reports of

                 standing committees.  I believe there's a

                 Rules Committee report at the desk.  I ask

                 that it be read, please.





                                                          5663



                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will read the Rules Committee report

                 at the desk.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 6672D, by Senator

                 Skelos, an act to amend the Civil -

                            ACTING PRESIDENT LIBOUS:    I ask

                 the members to please take their seats, staff

                 to please sit down.  If you have

                 conversations, take them out of the chamber.

                            We will continue with the report of

                 the Rules Committee.

                            The Secretary will read.

                            THE SECRETARY:    -- an act to

                 amend the Civil Practice Law and Rules, in

                 relation to the venue;

                            Senate Print 7283A, by Senator

                 Marcellino, an act to amend the Public

                 Authorities Law;

                            7316A, by Senator Connor, an act

                 authorizing a partial tax abatement;

                            7558B, by Senator Kuhl, an act to

                 amend the Highway Law;





                                                          5664



                            8041, by Senator Goodman, an act to

                 authorize the conveyance;

                            8054, by Senator McGee, an act to

                 amend the Vehicle and Traffic Law;

                            8058, by Senator Farley, an act to

                 amend the Public Health Law;

                            8090, by Senator Farley, an act to

                 amend the Banking Law and the Insurance Law;

                            8095, by Senator Lack, an act to

                 amend the Uniform Commercial Code;

                            8099, by the Senate Committee on

                 Rules, an act to amend the Administrative Code

                 of the City of New York;

                            8100, by Senator Padavan, an act to

                 amend the Retirement and Social Security Law;

                            8102, by Senator Goodman, an act to

                 amend the Retirement and Social Security Law;

                            8103, by the Senate Committee on

                 Rules, an act to amend the Retirement and

                 Social Security Law;

                            8106, by Senator Leibell, an act to

                 amend the Retirement and Social Security Law;

                            8110, by Senator Leibell, an act to

                 amend Chapter 41 of the Laws of 1997;

                            8112, by the Senate Committee on





                                                          5665



                 Rules, an act to amend the Workers'

                 Compensation Law;

                            8122, by Senator Kuhl, an act to

                 amend the Social Services Law;

                            8125, by Senator Farley, an act to

                 authorize the city school district of the City

                 of Schenectady;

                            8133, by Senator Spano, an act to

                 amend the Labor Law;

                            8134, by the Senate Committee on

                 Rules, an act to amend the Tax Law;

                            8135, by the Senate Committee on

                 Rules, an act to amend the Labor Law;

                            8139, by Senator Morahan, an act to

                 amend the Executive Law;

                            8143, by Senator Lack, an act to

                 amend a chapter of the Laws of 2000;

                            8153, by Senator Padavan, an act to

                 amend the Real Property Tax Law;

                            8169, by Senator Volker, an act to

                 amend the Public Authorities Law;

                            And 8172, by Senator LaValle, an

                 act to amend the Public Authorities Law.

                            All bills ordered direct to third

                 reading.





                                                          5666



                            ACTING PRESIDENT LIBOUS:    Senator

                 Skelos.

                            SENATOR SKELOS:    Mr. President,

                 move to accept the report of the Rules

                 Committee.

                            ACTING PRESIDENT LIBOUS:    The

                 motion is to accept the Rules Committee

                 report.  All in favor say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 report is accepted.

                            Senator Farley, for a motion.

                            SENATOR FARLEY:    Thank you, Mr.

                 President.  On behalf of Senator Goodman -- I

                 don't know what page it's on, but anyway it's

                 Calendar Number 1553, Senate Print 8041.  I

                 offer the following amendments to that bill

                 and ask that it will retain its place on the

                 order of third reading.

                            ACTING PRESIDENT LIBOUS:

                 Amendments received.  The bill will retain its

                 place on the third reading order.





                                                          5667



                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 on the regular calendar would you please call

                 up Calendar Number 629, by Senator Nozzolio.

                            ACTING PRESIDENT LIBOUS:    Number

                 629, by Senator Nozzolio.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 629, by Senator Nozzolio, Senate Print 143B,

                 an act to amend the General Business Law and

                 the Executive Law, in relation to the sale and

                 use of certain smoke alarms.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect January 1, 2001.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 on the regular calendar would you please call





                                                          5668



                 up Calendar Number 754.

                            THE SECRETARY:    Calendar Number

                 754, by Senator Spano, Senate Print 1469E, an

                 act to amend the Social Services Law, in

                 relation to unfounded reports.

                            SENATOR HEVESI:    Explanation.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Spano, an explanation is asked for by Senator

                 Hevesi.

                            SENATOR SKELOS:    Mr. President.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Skelos.

                            SENATOR SKELOS:    On Calendar

                 Number 754, is there a message of necessity at

                 the desk?

                            ACTING PRESIDENT LIBOUS:    Yes,

                 there is.

                            SENATOR SKELOS:    Move to accept.

                            ACTING PRESIDENT LIBOUS:    The

                 motion is to accept the message.  All those in

                 favor say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)





                                                          5669



                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            SENATOR DUANE:    Mr. President.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Duane.

                            SENATOR DUANE:    I'm confused.

                 Could you tell me what calendar we're on?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Duane, we are on the main calendar, the first

                 calendar we took up this morning.

                            SENATOR DUANE:    Mr. President -

                            ACTING PRESIDENT LIBOUS:    Number

                 754, sir.

                            SENATOR DUANE:    Thank you, Mr.

                 President.

                            SENATOR SKELOS:    Who requested

                 the explanation, Mr. President?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Skelos, Senator Hevesi requested an

                 explanation.

                            SENATOR SKELOS:    Please lay it

                 aside temporarily.

                            ACTING PRESIDENT LIBOUS:    We'll

                 lay the bill aside.

                            SENATOR SKELOS:    Mr. President.





                                                          5670



                            ACTING PRESIDENT LIBOUS:    Senator

                 Skelos.

                            SENATOR SKELOS:    Would you call

                 up Calendar 1006.

                            ACTING PRESIDENT LIBOUS:

                 Calendar 1006.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1006, by Senator Skelos, Senate Print 6781B,

                 an act to amend the Penal Law, in relation to

                 establishing.

                            SENATOR SKELOS:    Is there a

                 message of necessity at the desk?

                            ACTING PRESIDENT LIBOUS:    Yes,

                 Senator, there is a message at the desk.

                            SENATOR SKELOS:    Move to accept.

                            ACTING PRESIDENT LIBOUS:    The

                 motion is to accept the message of necessity.

                 All in favor say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.





                                                          5671



                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 would you call up Calendar Number 754, by

                 Senator Spano.  And I believe Senator Hevesi

                 has asked for an explanation.

                            ACTING PRESIDENT LIBOUS:    754, by

                 Senator Spano.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 754, by Senator Spano, Senate Print 1469E, an

                 act to amend the Social Services Law, in

                 relation to unfounded reports.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Hevesi, would you still like the sponsor to

                 yield?





                                                          5672



                            SENATOR HEVESI:    I would like an

                 explanation, Mr. President.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Spano, Senator Hevesi would like an

                 explanation, please.

                            SENATOR SPANO:    Yes, Mr.

                 President.

                            We -- I had a parent come to me,

                 her name was Donna Devonne, who had a child

                 who fell at a playground in clear view of

                 their -- of the school officials.  The child

                 was injured, went home, the neighbors noticed

                 an injury on the child, called Child

                 Protective Services, turned in the parents for

                 potential child abuse.  They found that the

                 child fell in clear view of the school

                 officials, and everything was fine.

                            The bottom line, once that

                 complaint of -- potentially of child abuse is

                 put against that parent, there are no

                 provisions to allow for expunging the records.

                            There was another case in

                 Westchester of a tragedy of a child who had

                 died and at the same time another child who

                 died in a car accident.  When they took the





                                                          5673



                 results of the x-rays, they found that there

                 was serious head trauma to one of the

                 children -- one of the infants who had died.

                 And as a result, they turned the -- called

                 Child Protective Services.

                            ACTING PRESIDENT LIBOUS:    Excuse

                 me, Senator Spano.

                            If I could again ask members to

                 please take their seats.  A lot is going on.

                 A bill is being debated, an explanation is

                 asked for.  Please take conversations outside

                 the chamber.

                            Senator Spano has the floor.

                            SENATOR SPANO:    I was saying that

                 we had a parent now who was in an emergency

                 room and their child was just pronounced dead.

                 In walks Child Protective Services.  They

                 said, "We need to investigate this."  The

                 parents said, "It's impossible."  They said:

                 "No, there's head trauma."  They said, "It's

                 impossible."  "We need to investigate this."

                            After keeping the parents at the

                 emergency room for some six or seven hours,

                 they found out that they inadvertently had

                 switched the x-rays of two children, two





                                                          5674



                 infants who had died, and that the parents who

                 were being there being questioned had a child

                 who had a history of problems and fragile bone

                 problems and subsequently died from the

                 disease that the child had, and that they had

                 made a mistake and sent the x-rays from the

                 other child, who was killed in a car accident.

                            These same parents had to endure

                 this type of questioning and had to have their

                 names included in a -- in the reports for ten

                 years, and there were no provisions in the law

                 to expunge the records.

                            Simply put, this bill puts a

                 provision in place to allow for the expunging

                 of the records if there is clear and

                 convincing evidence that there were no cases

                 of child abuse, no instances of child abuse.

                            SENATOR HEVESI:    Mr. President,

                 will the sponsor yield for a question?

                            SENATOR SPANO:    Yes.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Spano, Senator Hevesi has a question.  Would

                 you yield?

                            SENATOR SPANO:    Yes, I do.

                            ACTING PRESIDENT LIBOUS:    Yes, he





                                                          5675



                 will, sir.

                            SENATOR HEVESI:    Thank you.

                            Senator Spano, in the example that

                 you just cited -- and it's a compelling case,

                 and I agree with you on that case -- is it not

                 possible to solve the problem a different way?

                 And I'll tell you why I'm a little bit

                 uncomfortable with this the way we're doing it

                 here.

                            Isn't it possible to pass a piece

                 of legislation which prevents them from being

                 on this list for ten years but still would

                 make available for some subsequent

                 investigation if there was another allegation

                 of child abuse, so that despite the fact that

                 there was clear evidence this time around that

                 there was no child abuse in this particular

                 case that somebody at a later time might be

                 able to determine that there was a pattern of

                 abuse going on and, for whatever reason, there

                 was a mistake that this one case showed

                 unfounded child abuse?

                            SENATOR SPANO:    I mean, to answer

                 your question, sure.  Sure, it would be

                 possible for us to do that.  But if we have





                                                          5676



                 parents who -- and there's clear and

                 convincing evidence that there were no cases

                 of child abuse, why should we have those

                 parents be listed on that central registry for

                 ten years if they've had no previous history

                 of child abuse?

                            And we looked at the standard here.

                 One of the drafts that was presented to us by

                 the Assembly had preponderance of evidence.

                 What we said, that is a different standard.

                 We wanted clear and convincing evidence, so

                 that we would limit, severely limit the number

                 of people who would come under this statute.

                 Because we did not want to reduce or minimize

                 the original statute, which was there to

                 protect our children.

                            So I can understand, you're right

                 in terms of the -- our concern about not

                 minimizing the statute.  But this does not do

                 that, because of the high standard that we put

                 in it.

                            SENATOR HEVESI:    Mr. President,

                 will the sponsor continue to yield?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Spano, will you continue to yield?





                                                          5677



                            SENATOR SPANO:    Yes.

                            ACTING PRESIDENT LIBOUS:    Yes,

                 Senator Hevesi, he will.

                            SENATOR HEVESI:    Senator, what I

                 am in effect suggesting is that we pass a law

                 that says that you do not place those parents'

                 names in the child registry for ten years, you

                 do nothing of the sort.  You simply don't for

                 all of eternity eliminate the record that

                 showed that there was an unfounded, an

                 unfounded case of child abuse -- or an

                 unfounded report of child abuse.

                            And so the parents who were

                 wrongfully accused are not subject to any

                 unwarranted scrutiny or harassment or what

                 have you, but in doing that, we still will

                 ensure that if in the future there is a

                 subsequent allegation of abuse against the

                 same parents, that some investigative entity

                 will know that there was another allegation at

                 some point made.  And they will still be able

                 to read that record and know that it was

                 unfounded, but it might be very helpful in

                 piecing together some pattern of abuse to

                 protect the child.





                                                          5678



                            SENATOR SPANO:    I really -

                            ACTING PRESIDENT LIBOUS:    Excuse

                 me.

                            Senator Saland, why do you rise?

                            SENATOR SALAND:    Mr. President,

                 would Senator Spano perhaps yield to me as the

                 chairman of the Senate Children and Families

                 Committee, inasmuch as we dealt with this

                 issue at a time several years ago which

                 preceded Senator Hevesi's becoming a member of

                 this chamber?  I don't believe he was here

                 when we did the so-called Elisa's Law.  And

                 perhaps I may be -

                            ACTING PRESIDENT LIBOUS:    Senator

                 Spano, are you interested at this time to

                 yield the floor to Senator Saland?

                            SENATOR SPANO:    Sure.

                            SENATOR SALAND:    Thank you, Mr.

                 President.  Thank you, Senator Spano.

                            Correct me if I'm wrong, Senator

                 Hevesi.  I don't recall your being a member of

                 this body at the time we did the so-called

                 Elisa's Law.  Were you?

                            SENATOR HEVESI:    If it was prior

                 to January 1st of last year, I was not a





                                                          5679



                 member.

                            SENATOR SALAND:    Okay.  That bill

                 at the time was a response to a very tragic

                 situation which occurred in the city of New

                 York in which a child was severely abused.

                 And it was a subject of considerable attention

                 not only in the New York media, but I think

                 probably nationally as well.

                            And in our zeal to deal with the

                 issues surrounding that incident, we made far

                 more stringent the law dealing with reporting

                 and retaining of records in child abuse cases.

                 And I won't go on at great length on what was

                 done, but suffice it to say that until that

                 point in time, records were expungable, and

                 one could, where there was unfounded report,

                 have their record expunged.

                            And the theory behind retaining the

                 records was basically that there may be

                 situations in which a subject of a report, a

                 child, might not be -- let me rephrase that.

                 Where the agency dealing with the abuse, the

                 Social Services Department or, in the City of

                 New York I guess it's HRA, might not be able

                 to establish neglect or abuse, but nonetheless





                                                          5680



                 the record should be retained to, as you

                 suggest, establish a pattern of where these

                 incidents may be unexplained.

                            And once you had established this

                 pattern -- the child with the burn, the child

                 with the bruise, with some degree of frequency

                 or regularity -- you would then effectively

                 have a different situation.  Instead of a

                 record that had been expunged, you'd be able

                 to establish a pattern and thereby might be

                 able to establish the neglect or abuse by

                 reason of the pattern.

                            Therefore, it was determined that

                 records should never be expunged.

                            I must say at the time that we

                 introduced this legislation, and I was very

                 much involved in negotiation of the

                 legislation, I had some reservations about

                 always retaining records, particularly where

                 there was no finding and no evidence of trauma

                 or anything physical that would show that

                 there had been any kind of an injury.

                            Nonetheless, the bill passed and

                 was signed into law.  Senator Spano gave you

                 examples that have occurred within Westchester





                                                          5681



                 County, within his district, in which a report

                 which was baseless was required to be retained

                 under the existing law.  There are others who

                 have shared similar experiences with me.  And

                 I know Senator Kuhl, in his district a few

                 years ago, had a very similar experience

                 involving a young child who was reported -- an

                 injury to the child was reported, I believe by

                 a schoolteacher or a daycare worker, and it

                 turned out to be baseless.  The child had

                 actually hurt herself in the schoolyard and

                 was calling for her mommy, and the assumption

                 was that mommy had somehow or other done

                 something to this child.

                            Well, you can imagine the

                 frustration of a parent with no history, with

                 no intention, with nothing but the kind of

                 affection that one would reasonably expect and

                 hope a parent would devote to a child,

                 suddenly finding themselves being accused of

                 abuse or neglect, having it be dismissed as

                 baseless, and not having the means by which to

                 have a discharged.

                            This is a balanced approach, and I

                 really commend Senator Spano particularly for





                                                          5682



                 working as fervently as he has, as has Senator

                 Kuhl, over the course of action of the past

                 several years to try and deal with this issue.

                            And what they've done is, as he

                 mentioned, created a standard above the more

                 preponderance, a standard of clear and

                 convincing that basically says you have to do

                 more than merely be able to say, Well, look,

                 you can't show me, you can't prove that I was

                 guilty of abuse or neglect, there has to be

                 something a little stronger than that -- in

                 fact, a lot stronger than that.  You have to

                 be able to show the burden on you, by clear

                 and convincing evidence, that you in fact were

                 not the person responsible for the injury or

                 the trauma.

                            So this is, I think, a giant step

                 given where we've been.  And I think it's

                 something that many parents who have the

                 misfortune of being wrongfully accused and

                 unable to expunge will view as quite a saving

                 device to spare them the agony and the pain

                 associated not merely with being accused of

                 this type of deed when it's erroneous, but

                 also what it means in your community when





                                                          5683



                 someone makes this accusation about you and

                 your neighbors are aware and they see the

                 people come to the house to do the

                 investigations.

                            So I think it's balanced, it's

                 equitable, and I think it responds in large

                 part to a void in this law of several years

                 ago.

                            SENATOR HEVESI:    Mr. President, I

                 don't -

                            ACTING PRESIDENT LIBOUS:    Senator

                 Hevesi.

                            SENATOR HEVESI:    I would -- if

                 Senator Saland has the floor and I'm able to,

                 under the rules of the Senate, ask him to

                 yield for a question, I'd like to do that.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Saland has the floor, and under the rules of

                 the Senate you can ask him to yield.

                            And, Senator Saland, will you

                 yield?

                            SENATOR SALAND:    I will certainly

                 yield.

                            ACTING PRESIDENT LIBOUS:    The

                 Senator will yield.





                                                          5684



                            SENATOR HEVESI:    Senator, I

                 appreciate the explanation.  I don't disagree

                 with just about everything you said.

                            I'm going to pose the same question

                 to you that I posed to Senator Spano, which is

                 the following.

                            The negative implications of not

                 having your record of abuse, which was an

                 unfounded allegation, of not having it

                 expunged, is that you have your name placed on

                 a registry, and that has negative

                 implications.  Okay?  The investigation, the

                 people at the door, is going to happen anyway

                 because allegation that has to be

                 investigated.  There's nothing we can do about

                 that.

                            I'm suggesting, simply change the

                 law to provide for when the situation occurs

                 where somebody is found to have not been

                 guilty, there's an unfounded report of child

                 abuse, that they do not go on any type of

                 registry, there's no record disseminated to

                 the public that this ever happened, and that

                 what simply we do, instead of expunging -

                 which my understanding of expunging means





                                                          5685



                 there's no record, no one can ever find this

                 record, it ceases to exist.

                            Instead of doing that, you simply

                 seal the record and, in the same piece of

                 legislation, you provide that if ever there is

                 an allegation against the same parent, that

                 that record can be unsealed for the scrutiny

                 of the investigators and that unfounded record

                 will still have all the details of that

                 unfounded case.

                            I don't see how in any way that

                 would disenfranchise a parent, someone who's

                 been accused.  But it at the same time might

                 protect against the following situation, which

                 is the logic behind the notion that there are

                 all the time individuals who are falsely

                 accused of child abuse.

                            If we accept that individuals are

                 going to be falsely accused of child abuse, it

                 logically follows that at least on some

                 occasion there's going to be an unfounded

                 report of child abuse that is actually

                 founded, that actually occurred.  And for

                 whatever reason, the parent was able to

                 explain it away satisfactorily to some





                                                          5686



                 investigator or what have you, and that in

                 fact abuse did occur.

                            And so the situation I'm outlining

                 for you, Senator Saland, and I'd like to hear

                 your comments on, would not compromise

                 anything on behalf of the parents, but would

                 maintain the integrity of an investigative

                 process prospectively to protect the child, in

                 order to establish a pattern sometime in the

                 future.

                            SENATOR SALAND:    Senator Hevesi,

                 I think what you've done is effectively

                 described the construct of Elisa's Law and the

                 purpose for Elisa's Law.

                            And what I was trying to explain to

                 you in my earlier comments was that there are

                 circumstances in which beyond any question

                 there is -- there has been a report made where

                 there is no justification for the -- for that

                 report to be lodged permanently as a record.

                            In all those other instances where

                 those reports are made and there's no finding,

                 and there's no justification for removing it

                 by clear and convincing evidence, those

                 records shall and should be retained.





                                                          5687



                            What is being done here is where it

                 rises to such a high level, where it's beyond

                 doubt -- as given in the example of Senator

                 Spano earlier, where records of two different

                 children, two different children were crossed

                 and tragically one child was identified as

                 being the other child, the parent having been

                 through enough trauma already with the death

                 of their child, I mean, it certainly was

                 beyond a doubt, beyond anybody's doubt, that

                 this was an error.

                            So it would serve no justifiable

                 social purpose or policy end to have that

                 record retained.  I mean, I think we can all

                 agree on that.

                            And I don't envision this as

                 somehow or other creating a mechanism whereby

                 there will be wholesale expunging of records.

                 Again, if you read the bill, and I would just

                 call your attention particularly -- I mean,

                 the first case is obvious, where there's a

                 violation of 240.55.  Somebody falsely

                 reported the incident.  I mean, why shouldn't

                 that record be expunged?

                            You go to the second case, what





                                                          5688



                 we're talking about is clear and convincing

                 evidence that affirmatively refutes the

                 allegation.  But it goes on to say that the

                 absence of credible evidence supporting the

                 allegation of abuse or maltreatment shall not

                 be the sole basis to expunge the report.

                 That's pretty heavy.  I mean, the burden is on

                 you.  You want to expunge your record, you've

                 got to do that by clear and convincing

                 evidence.

                            And I would submit to you that

                 there are certainly a minority of cases -- you

                 know, not clearly a majority, and I would

                 assume it's a relatively slender minority of

                 cases -- in which you will see the level of

                 proof rising to that clear and convincing

                 threshold.

                            And I'm not troubled, and I would

                 speak as the chairman of the Senate Children

                 and Families Committee, certainly having dealt

                 with issues like this time and again for the

                 past eight years now -- I'm not troubled by

                 Senator Spano's proposal.  In fact, I can only

                 commend him for it.

                            SENATOR HEVESI:    Thank you.





                                                          5689



                            Mr. President, on the bill.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Hevesi, on the bill.

                            SENATOR HEVESI:    Thank you.  Mr.

                 President, briefly on the bill, because I have

                 articulated my feelings and thoughts on this

                 issue in the course of my questioning of

                 Senator Saland and Senator Spano, and I thank

                 them for their very thoughtful and

                 deliberative answers.

                            And I would agree with Senator

                 Saland that in a case where somebody is

                 convicted of falsely reporting an incident,

                 that I have no problems in that case

                 expunging.  That's appropriate to expunge.

                            I certainly don't see why we can't

                 achieve the same results, which is not to

                 disenfranchise a parent who has been wrongly

                 accused, why we can't achieve that without

                 erasing forever, irreparably, for all time,

                 the record that there was an allegation,

                 though it was found to be unfounded.

                            Because we could really have a

                 situation where there are two expunged records

                 against the same parent where a child abuse





                                                          5690



                 allegation was made and it was found to be

                 unfounded, and then there's another

                 allegation, and now the investigator on the

                 third allegation can't even get the records of

                 the first two allegations, which were found to

                 be unfounded, so he could try and determine

                 whether or not the third instance, the third

                 allegation, bears any similarity to the other

                 two, and in fact the unfounded reports in the

                 first two instances maybe weren't unfounded.

                            So all I'm trying to accomplish

                 here is to provide a trail for investigators

                 to give the fullest protection to children

                 possible.  And I know, Senator Spano and

                 Senator Saland, you're not trying to

                 compromise that at all, and you don't believe

                 that that's what this legislation does.

                            I believe we can establish the same

                 ends in a better means, and for that reason

                 I'm going to be voting no on this legislation.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Gentile.

                            SENATOR GENTILE:    Thank you, Mr.

                 President.  On the bill.

                            ACTING PRESIDENT LIBOUS:    Senator





                                                          5691



                 Gentile, on the bill.

                            SENATOR GENTILE:    One of the

                 reasons I supported Elisa's Law when we

                 considered it was for this very provision.  As

                 a prosecutor dealing in child abuse cases, I

                 understand that and had experience in dealing

                 with unfounded child abuse findings, and

                 coming to understand that that designation of

                 unfounded doesn't necessarily mean that some

                 abuse did not take place.

                            Because, as Senator Saland said,

                 certainly in interviewing the -- or it might

                 have been Senator Hevesi -- in interviewing

                 the parent, interviewing the child -

                 interviewing children in these situations is a

                 very difficult matter.  And as a prosecutor

                 and as a law enforcement officer, having this

                 opportunity to see what types of situations

                 were considered unfounded can lead to the

                 pattern that Senator Hevesi speaks about.

                            And unfortunately, unfortunately,

                 there is no separate designation under the

                 current law for those situations where a child

                 abuse report was truly and sincerely unfounded

                 and those instances where something might have





                                                          5692



                 occurred but the investigators investigating

                 that case could not substantiate enough to

                 continue the investigation or to proceed with

                 a prosecution.

                            So in those instances, that maybe

                 Senator Hevesi speaks some wisdom in coming up

                 with different designation for those cases

                 which were truly, sincerely unfounded and

                 those designations where something could not

                 be substantiated yet there were still

                 questions remaining as to the abuse or the

                 injuries that were suffered and seen on the

                 child.

                            Given that, I don't think we should

                 be weakening Elisa's Law for the benefit of

                 the children who fall into the category of not

                 being able to substantiate something that

                 happened but suspicions remain as to how those

                 injuries were sustained.

                            So given that, I think Elisa's Law

                 was right in the first instance, we should

                 continue to do that, and maybe we should

                 pursue a differing designation for the types

                 of parents -- which there are some -- that

                 Senator Spano speaks about.  And certainly in





                                                          5693



                 unfounded, truly unfounded cases, Senator

                 Spano does have a point.

                            And I think what we need to do,

                 something along Senator Hevesi's lines, is to

                 come up with a different designation.  But not

                 to eliminate, not to expunge records, because

                 that puts the child who is truly in danger at

                 a loss here, because investigators will have

                 nothing to look at in terms of a pattern.

                            So, Mr. President, I will be voting

                 no on this legislation.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Skelos, earlier today a message of necessity

                 was accepted.

                            Would you read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT LIBOUS:    Senator

                 Montgomery, are you up on this piece of

                 legislation?

                            SENATOR MONTGOMERY:    I want to

                 explain my vote.





                                                          5694



                            ACTING PRESIDENT LIBOUS:    Senator

                 Montgomery, to explain her vote.

                            SENATOR MONTGOMERY:    Yes.  Mr.

                 President, I'm voting for this legislation.

                 And the reason being is that I've certainly

                 had -- I hate to disagree with my

                 distinguished colleagues on my own side, but

                 I've had experience with this situation.  And

                 I understand fully the need for us to be much

                 more careful about how this -- these kinds of

                 charges are handled.

                            And certainly in the event that

                 there is clearly an unfounded case, we need to

                 make sure that that person is not penalized,

                 and sealing the record does not do it.

                 Especially for people who don't have the means

                 to defend themselves appropriately,

                 adequately.  And so a lot of people will be

                 forever, forever tarnished by the fact that

                 there is -- that there has been a report made,

                 even though it's found to be unfounded.

                            So I'm voting for this legislation.

                 Thank you.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Montgomery will be recorded in the





                                                          5695



                 affirmative.

                            Results.

                            THE SECRETARY:    Ayes, 57.  Nays,

                 4.  Senators Coppola, Gentile, Hevesi, and

                 Stavisky recorded in the negative.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 on the regular calendar would you call up

                 Calendar Number 1197, by Senator Bonacic.

                            ACTING PRESIDENT LIBOUS:    Regular

                 calendar, Number 1197, Senator Bonacic.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1197, by Senator Bonacic, Senate Print 5199B,

                 an act to amend the Environmental Conservation

                 Law, in relation to authorizing.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            Senator Coppola.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bonacic, Senator Coppola has asked for an





                                                          5696



                 explanation.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.

                            This is a piece of legislation that

                 pertains to Belleayre Mountain Ski Area, which

                 we own.  It's a state asset.  And what we want

                 to do is to authorize the Commissioner of the

                 DEC to be allowed to enter into an operating

                 permit with a private entrepreneur to come to

                 Belleayre and make substantial investments in

                 order to make that mountain more attractive

                 and bring economic vitality to that entire

                 Route 28 corridor.

                            The area around Belleayre -- it's

                 in the town of Shandaken, by the way, in

                 Ulster County, and it's also in the town of

                 Middletown, in Delaware County.  It's in two

                 counties.  And there were more people in the

                 town of Shandaken in the year 1900 than there

                 is today, because there are no jobs there.

                            And we had an example -- and by the

                 way, the market for people that ski here come

                 from the metropolitan area, they come from

                 northern New Jersey and the Island.

                            So that's what the bill does.  It





                                                          5697



                 was before us last year.  It passed last year.

                 We made certain amendments, which I will share

                 with you.

                            If any improvement is over $50,000,

                 it's a project labor agreement.  They have

                 seven employees there, permanent, and there

                 are part-time employees.  And we say in here

                 that they must retain their jobs.  Any money

                 that the state receives from the operating

                 permit will be spent in accordance with the

                 purposes of the 1996 Environmental Bond Act

                 and for planning along the Route 28 corridor.

                            That's the purpose of the bill.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Coppola.

                            SENATOR COPPOLA:    Yes.  Mr.

                 President, would the sponsor answer a

                 question, please.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bonacic, would you yield to a question?

                            SENATOR BONACIC:    Absolutely.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Coppola, he'll yield.

                            SENATOR COPPOLA:    What is the

                 insurance coverage with this -





                                                          5698



                            ACTING PRESIDENT LIBOUS:    Senator

                 Coppola, could you address the chair and could

                 you speak a little louder so that we could all

                 hear you please, into the microphone.

                            SENATOR BONACIC:    The insurance

                 coverage was the question?

                            SENATOR COPPOLA:    I thought I

                 spoke into the microphone.

                            SENATOR BONACIC:    We own the

                 assets, so we're self-insured.

                            SENATOR COPPOLA:    So basically

                 the state is going to be covering the

                 insurance with this project?

                            SENATOR BONACIC:    No, no, I'm

                 sorry.  I thought you meant the present

                 status.

                            If this were to go forward?  That

                 would be negotiated with the operating lease.

                            In other words, if the state

                 could -- and we're not there yet, but if this

                 were to go forward, we would expect the DEC to

                 get the best possible arrangement for the

                 State of New York.  They could get 4 percent

                 of the receipts and/or, say, 3 percent, and

                 you'd pay for the insurance.  So that is





                                                          5699



                 subject to be negotiated.

                            SENATOR COPPOLA:    I think that's

                 a very important issue, Senator.  Because in

                 my dealings in government, to hold any

                 government harmless with insurance policies is

                 important.  Especially if we're self-insured.

                            And on the ski slopes, as you well

                 know, there are a lot of accidents.  And we

                 could be looking at millions of dollars' worth

                 of lawsuits here.  And I'm concerned about

                 that, that's all I'm saying.  I'm raising that

                 question, Senator.

                            SENATOR BONACIC:    Senator, we own

                 three ski areas in the State of New York.  We

                 own in Lake Placid and we own Gore and we own

                 Belleayre Mountain.  So, you know -- and

                 they've been there, I guess, close to 50

                 years.

                            SENATOR COPPOLA:    Thank you,

                 Senator.

                            SENATOR BONACIC:    You're welcome.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Mr.

                 President.





                                                          5700



                            SENATOR BONACIC:    Yes.

                            SENATOR SCHNEIDERMAN:    If the

                 sponsor will yield to a question.

                            SENATOR BONACIC:    Yes,

                 absolutely.

                            ACTING PRESIDENT LIBOUS:    The

                 sponsor will yield.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 Through you, Mr. President.

                            Do I understand that the amendments

                 to this bill were intended to address some of

                 the concerns some of us had, many of us who

                 voted against a similar bill last year, that

                 this was essentially taking a state asset and

                 turning it over to a for-profit corporation?

                            SENATOR BONACIC:    We still own

                 the asset.  And it's under the supervision of

                 the DEC.

                            All we're trying to do is two

                 things.  We're trying to bring revenue to the

                 State of New York, because this mountain has

                 been losing money for many, many years.  And

                 the state has not funded to the level that it

                 should to upgrade and keep this a viable

                 asset.





                                                          5701



                            We got $5 million when Senator Cook

                 was here, my predecessor.  They did a

                 tremendous job in spending that money.  But

                 the last year's budget, there was no money.

                 There's no money in this year's budget.  And

                 we're in good economic times.  If the State of

                 New York, you know, doesn't do as well,

                 there's less money invested in recreation and

                 more is put in health, education, the things

                 that we generally deem are a higher priority.

                            SENATOR SCHNEIDERMAN:    Through

                 you, Mr. President, if the sponsor will

                 continue to yield.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bonacic, will you continue to yield?

                            SENATOR BONACIC:    I would, sure.

                            ACTING PRESIDENT LIBOUS:

                 Senator, he will.

                            SENATOR SCHNEIDERMAN:    Is there

                 any change in last year's bill that many of us

                 had a problem with -- although understanding

                 and sympathizing with the need for investment

                 and economic development in this area -- is

                 there any change in this year's bill that

                 would deal with the fact that we're talking





                                                          5702



                 about -- while we're not talking about turning

                 over an asset in its entirety to a for-profit

                 corporation, my recollection is up to a

                 40-year lease.  Is that still the same in this

                 year's bill?

                            SENATOR BONACIC:    Yes.  Because

                 right now any of the three ski areas that I

                 mentioned -- let's just keep it to Belleayre.

                 They could enter into a ten-year operating

                 permit without anyone's approval.

                            But to attract the kind of

                 investment we need, just in Vernon Valley, in

                 northern New Jersey, roughly 40 miles to our

                 south, they invested $22 million in capital

                 improvements.  And that's the same market that

                 we want to attract.

                            So in order to entice an

                 operating -- operator, entrepreneur, a ski

                 entrepreneur to invest that kind of money,

                 he's got to get a return.  And 39 years would

                 be the length of the lease.  It could be

                 terminated with cause or without cause by our

                 Commissioner of the DEC.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  I thank the sponsor for his





                                                          5703



                 answers.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Oppenheimer.

                            SENATOR OPPENHEIMER:    I

                 understand the importance of this to Senator

                 Bonacic.  And, you know, I wish I could go

                 along with it.  But -- and I don't really

                 recall the points that I made a year ago,

                 because I wasn't prepared for this.

                            But as I do recall some things, one

                 thing is that this is part of the Catskill

                 Preserve.  And it is land that is not supposed

                 to be developed.  It is part of our state land

                 that is assured to stay natural and not have

                 commerce inflicted upon it.

                            Also, as I recall, there is water

                 that would be diverted that is being utilized

                 by surrounding communities.  Am I wrong in

                 remembering some of these things, Senator

                 Bonacic?

                            ACTING PRESIDENT LIBOUS:    Excuse

                 me.  Senator Oppenheimer, are you asking

                 Senator Bonacic to yield?

                            SENATOR OPPENHEIMER:    Yes, if you

                 would be good enough to ask him to yield.





                                                          5704



                            ACTING PRESIDENT LIBOUS:    Senator

                 Bonacic, would you yield to -

                            SENATOR BONACIC:    Of course.  Of

                 course.

                            ACTING PRESIDENT LIBOUS:    Okay.

                 Senator.

                            SENATOR BONACIC:    Do you want me

                 to address your concerns, Senator?

                            SENATOR OPPENHEIMER:    Yes, if you

                 would, please.

                            SENATOR BONACIC:    Surely.

                            Right now, first of all, the land

                 is in the Catskill Forest Preserve.  Right now

                 we have the constitutional authority to

                 develop up to 25 miles of the ski area, and we

                 are at roughly 17 miles.  So we are not

                 expanding what we have the authority to do.

                 So that would answer the first question.

                            And in terms of intensification or

                 economic development, you know, most of us

                 view skiing as something that's healthy,

                 that's compatible to the environment.  And it

                 doesn't do any harm to it.

                            And last but not least, as to the

                 water, there is sufficient water there to make





                                                          5705



                 snow, so . . .

                            ACTING PRESIDENT LIBOUS:    Senator

                 Oppenheimer.

                            SENATOR OPPENHEIMER:    Yes, on the

                 bill.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Oppenheimer will speak on the bill.

                            SENATOR OPPENHEIMER:    As I said,

                 I don't have my information in front of me.

                 But as I recall from last year -

                            ACTING PRESIDENT LIBOUS:    Excuse

                 me, Senator Oppenheimer.

                            Could -- ladies and gentlemen,

                 could we have a little order in the chamber,

                 please.

                            Senator Oppenheimer, you have the

                 floor.

                            SENATOR OPPENHEIMER:    On the

                 bill.

                            As I recall, last year the

                 environmental advocates felt this was very

                 poor policy and that the areas that we are

                 trying to reserve as open space should stay

                 so.  And this, mind you, I am saying as a

                 skier.  So I'm really putting my environmental





                                                          5706



                 credentials even ahead of my hobby.

                            But as I recall, there were two

                 smokestacks or three smokestacks on this

                 particular issue.  And so therefore, I think

                 we have to take into consideration their

                 objective, which is to maintain our

                 environment as free from intrusion as

                 possible.

                            I'll be voting no.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT LIBOUS:    Senator

                 Mendez, why do you rise?

                            SENATOR MENDEZ:    I want to

                 explain my vote.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Mendez, to explain her vote.

                            SENATOR MENDEZ:    I know the area.

                 I'm satisfied with the reasons that have been

                 given by the sponsor of the bill pertaining to





                                                          5707



                 the water, pertaining to the nonintrusion into

                 the already forest lands, and pertaining to

                 the need for economic development.

                            I want to make -- yes, even if it

                 is a two smoke whatever or a three smoke

                 whatever, I think that all these wonderful

                 people who are always defending our

                 environment and we have to care for it because

                 otherwise we're going to poison forever the

                 planet Earth -- but I wish that they would

                 take some time to deal with the issue of

                 environmental racism that has not been dealt

                 with and that occurs every single day in the

                 City of New York.

                            And I know that in my district

                 there has been examples of that.  So I would

                 be more inclined to support all those bills

                 with one, two, three or a thousand smokestacks

                 as long as -- at the time that I see that they

                 also devote their energies to deal with the

                 issue of environmental racism.

                            I vote yes.

                            ACTING PRESIDENT LIBOUS:

                 Results.

                            THE SECRETARY:    Those recorded in





                                                          5708



                 the negative on Calendar Number 1197 are

                 Senators Breslin, Connor, Coppola, Dollinger,

                 Duane, Gentile, LaValle, Marcellino,

                 Oppenheimer, Paterson, Schneiderman,

                 Stachowski, and Stavisky.  Ayes, 48.  Nays,

                 13.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Can we at this

                 time call up Calendar Number 515.

                            ACTING PRESIDENT LIBOUS:

                 Calendar Number 515.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 515, by Senator Stafford, Senate Print 4393A,

                 an act to authorize the Ausable-Chesterfield

                 Keeseville joint fire district.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there is a message at the desk.

                            SENATOR BRUNO:    Move to accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    The





                                                          5709



                 motion is to accept the message.  All in favor

                 indicate by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            SENATOR BRUNO:    Mr. President.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno.

                            SENATOR BRUNO:    Can we at this

                 time return to the reports of standing

                 committees.  I believe there is a report from

                 the Finance Committee at the desk.  I would

                 ask that it be read at this time.





                                                          5710



                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will read the report of the Finance

                 Committee.

                            THE SECRETARY:    Senator Stafford,

                 from the Committee on Finance, reports the

                 following bill direct to third reading:

                            Senate Print 8171, by Senator

                 Leibell, an act to amend the Civil Service Law

                 and the State Finance Law.

                            SENATOR BRUNO:    Mr. President,

                 can we take that bill up at this time.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1501, by Senator Leibell, Senate Print 8171,

                 an act to amend the Civil Service Law and the

                 State Finance Law.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there's a message at the desk.

                            SENATOR BRUNO:    Please move to

                 accept the message.

                            ACTING PRESIDENT LIBOUS:    The

                 motion is to accept the message.  All in favor

                 say aye.

                            (Response of "Aye.")





                                                          5711



                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 21.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            SENATOR COPPOLA:    Explanation.

                 Please.

                            ACTING PRESIDENT LIBOUS:    Who's

                 asking for an explanation?

                            Senator Coppola is asking for an

                 explanation.

                            SENATOR COPPOLA:    I withdraw it.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 21.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.





                                                          5712



                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Onorato.

                            SENATOR ONORATO:    Mr. President,

                 I'd like unanimous consent to be recorded in

                 the negative on Calendar Number 1197.

                            ACTING PRESIDENT LIBOUS:    Without

                 objection.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we return to Supplemental Calendar Number

                 57C and take up Number 1533.

                            ACTING PRESIDENT LIBOUS:

                 Calendar 57C.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1533, by Senator Marcellino, Senate Print

                 7284A, an act to amend the Environmental

                 Conservation Law.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there is a message of necessity at the

                 desk.

                            SENATOR BRUNO:    Move to accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    All in





                                                          5713



                 favor say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            SENATOR HEVESI:    Explanation.

                            ACTING PRESIDENT LIBOUS:    An

                 explanation is asked for by Senator Hevesi.

                            SENATOR HEVESI:    A brief

                 explanation, Mr. President.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Marcellino, Senator Hevesi is asking for a

                 brief explanation.

                            SENATOR MARCELLINO:    Thank you,

                 Mr. President.

                            Senator, this is an extender.  The

                 ability of the EFC to invest its resources

                 expires at the end of this year, and we have

                 attempted to make this a permanent situation,

                 but the other house insists that we renew it.





                                                          5714



                 So we're extending it to 2003 so that they can

                 continue the good work they do with the money

                 that they have to invest.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time take up the

                 noncontroversial Supplemental Calendar 57D.

                            ACTING PRESIDENT LIBOUS:

                 Calendar 57D, noncontroversial.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1549, by Senator Skelos, Senate Print 6672D,

                 an act to amend the Civil Practice Law and

                 Rules, in relation to the venue.

                            SENATOR BRUNO:    Is there a





                                                          5715



                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Yes,

                 Senator Bruno, there is a message at the desk.

                            SENATOR BRUNO:    Move we accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    The

                 motion is to accept the message.  All in favor

                 say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1550, by Senator Marcellino, Senate Print





                                                          5716



                 7283A, an act to amend the Public Authorities

                 Law, in relation to the special powers.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1551, by Senator Connor, Senate Print 7316A,

                 an act authorizing a partial tax abatement.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.





                                                          5717



                            THE SECRETARY:    Calendar Number

                 1552, by Senator Kuhl, Senate Print 7558B, an

                 act to amend the Highway Law, in relation to

                 certain highway.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1553, Senator Goodman moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11402 and substitute it

                 for the identical Senate Bill Number 8041A,

                 Third Reading Calendar 1553.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1553 -





                                                          5718



                            SENATOR CONNOR:    Lay it aside.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside.

                            THE SECRETARY:    Calendar Number

                 1554, by Senator McGee, Senate Print 8054, an

                 act to amend the Vehicle and Traffic Law, in

                 relation to increasing.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1555, by Senator Farley, Senate Print 8058 -

                            SENATOR COPPOLA:    Lay it aside.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside.

                            THE SECRETARY:    Calendar Number

                 1556, by Senator Farley, Senate Print 8090, an





                                                          5719



                 act to amend the Banking Law and the Insurance

                 Law, in relation to insurance activities.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 12.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1557, by Senator Lack, Senate Print 8095, an

                 act to amend the Uniform Commercial Code, in

                 relation to letters of credit.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.





                                                          5720



                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1558, by the Senate Committee on Rules, Senate

                 Print 8099, an act to amend the Administrative

                 Code of the City of New York, in relation to

                 the rate of regular interest.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 26.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1559, by Senator Padavan, Senate Print 8100,

                 an act to amend the Retirement and Social

                 Security Law, in relation to the

                 determination.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.





                                                          5721



                            THE SECRETARY:    Section 3.  This

                 act shall take effect July 1.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1560, by Senator Goodman, Senate Print 8102,

                 an act to amend the Retirement and Social

                 Security Law, in relation to increased

                 take-home pay.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect October 1.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number





                                                          5722



                 1561, by the Senate Committee on Rules, Senate

                 Print 8103, an act to amend the Retirement and

                 Social Security Law, in relation to elections.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1562, by Senator Leibell, Senate Print 8106,

                 an act to amend the Retirement and Social

                 Security Law, in relation to disability

                 benefits.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)





                                                          5723



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1563, by Senator Leibell, Senate Print 8110,

                 an act to amend Chapter 41 of the Laws of

                 1997.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Farley.

                            SENATOR FARLEY:    Mr. President,

                 I'd like to abstain on that bill, as it

                 affects me personally.

                            ACTING PRESIDENT LIBOUS:    Without

                 objection, Senator Farley will abstain.

                            Read the last section.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1564, Senator Bruno moves to





                                                          5724



                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11306 and substitute it

                 for the identical Senate Bill Number 8112,

                 Third Reading Calendar 1564.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1564, by the Assembly Committee on Rules,

                 Assembly Print Number 11306, an act to amend

                 the Workers' Compensation Law and Chapter 729

                 of the Laws of 1993.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1565, by Senator Kuhl, Senate Print 8122, an

                 act to amend the Social Services Law, in





                                                          5725



                 relation to establishing.

                            SENATOR COPPOLA:    Lay it aside.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside.

                            THE SECRETARY:    Calendar Number

                 1567, by Senator Farley, Senate Print 8125, an

                 act to authorize the city school district of

                 the City of Schenectady.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 10.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1568, by Senator Spano, Senate Print 8133, an

                 act to amend the Labor Law, in relation to

                 prohibiting.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This





                                                          5726



                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1569, by the Senate Committee on Rules, Senate

                 Print Number 8134, an act to amend the Tax

                 Law.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            SENATOR ONORATO:    Lay it aside.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside.

                            THE SECRETARY:    Calendar Number

                 1570, by the Senate Committee on Rules, Senate

                 Print 8135 -

                            SENATOR BRUNO:    Lay that aside

                 for the day.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside for the day.

                            THE SECRETARY:    In relation to

                 Calendar Number 1571, Senator Morahan moves to





                                                          5727



                 discharge, from the Committee on Rules,

                 Assembly Bill Number 10892 and substitute it

                 for the identical Senate Bill Number 8139,

                 Third Reading Calendar 1571.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1571, by the Assembly Committee on Rules,

                 Assembly Print Number 10892, an act to amend

                 the Executive Law, in relation to

                 commemorating.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1572, Senator Lack moves to

                 discharge, from the Committee on Rules,





                                                          5728



                 Assembly Bill Number 11368 and substitute it

                 for the identical Senate Bill Number 8143,

                 Third Reading Calendar 1572.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1572, by the Assembly Committee on Rules,

                 Assembly Print Number 11368, an act to amend a

                 chapter of the Laws of 2000 amending the Arts

                 and Cultural Affairs Law.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Duane recorded in the negative.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1573, by Senator Padavan, Senate Print 8153,

                 an act to amend the Real Property Tax Law, in





                                                          5729



                 relation to the definition.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there is a message at the desk.

                            SENATOR BRUNO:    Move we accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    The

                 motion is to accept the message.  All in favor

                 say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect on the same date as a

                 chapter of the Laws of 2000.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The





                                                          5730



                 bill is passed.

                            Senator Bruno, that completes the

                 noncontroversial calendar.

                            SENATOR BRUNO:    May we at this

                 time take up the controversial calendar.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1553, substituted earlier today by the

                 Assembly Committee on Rules, Assembly Print

                 Number 11402, an act to authorize the

                 conveyance of certain lands.

                            SENATOR CONNOR:    I'd like to

                 request an explanation.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno.

                            SENATOR BRUNO:    Mr. President,

                 this is Senator Goodman's bill, and he had to

                 be away from the chamber at this time.

                            This is a bill, according to the

                 brief description, which is an act to

                 authorize the conveyance of certain lands to

                 the Brooklyn Academy of Music.  Simply stated.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Connor.





                                                          5731



                            SENATOR CONNOR:    Mr. President,

                 the first time I've seen this bill is on this

                 calendar here.  And being from Brooklyn, I

                 thought, why is Senator Goodman doing a

                 conveyance in Brooklyn?  He doesn't represent

                 Brooklyn.

                            Because I read the bill.  I

                 recognize Hanson Place.  I recognize that's in

                 Senator Montgomery's district, just a couple

                 of blocks outside of my district.

                            And I appreciate the fact that

                 Senator Goodman can't be here for very good

                 reasons.  But I really, really wonder, my

                 colleagues, what in the heck is the matter

                 with this place when a Senator is given a bill

                 and they notice it's not even in the county

                 they represent and it conveys a little plot of

                 land.  Why shouldn't that be Senator

                 Montgomery's bill?

                            How would you all feel, how would

                 you all feel if you sat here and suddenly saw

                 Senator Goodman was reconveying a block of

                 land in your district to a not-for-profit

                 organization in your district?

                            It doesn't really make any sense.





                                                          5732



                 And frankly, frankly, it defies the traditions

                 of this house.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno.

                            SENATOR BRUNO:    Mr. President,

                 not to prolong the discussion, but Senator

                 Goodman is in New York because his wife is

                 having minor surgery, and it may be major to

                 them.

                            He is chairman of the Arts Council,

                 as we all know.  And if there is any

                 justification, it would be that as a matter of

                 the arts, they would go to him.  Because there

                 are other bills that have been assigned to

                 Minority members when it's in their district

                 that have passed in this house.

                            So I would guess that they would go

                 to him because he is chairman of the Council

                 of Arts, and I suppose he inadvertently would

                 introduce it, trying to just create a

                 convenience for them.

                            I am sure there was no malice on

                 his part, and there is no malice on the part

                 of anyone else here in the chamber.

                            ACTING PRESIDENT LIBOUS:    Senator





                                                          5733



                 Connor.

                            SENATOR CONNOR:    Thank you, Mr.

                 President.

                            I appreciate Senator Bruno's

                 statement.  And I appreciate the fact that

                 particularly in the last couple of weeks, that

                 probably quite a number of bills passed

                 sponsored by Minority members, particularly

                 ones that deal with problems in their

                 district.

                            None of those bills were Senator

                 Montgomery's bill.  She hasn't passed a bill

                 this year.

                            It just defies what's going on.  I

                 guess it's really -- I don't know why Senator

                 Goodman wanted to do this to Senator

                 Montgomery, but he did.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.





                                                          5734



                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            The Secretary will continue to read

                 the controversial calendar.

                            THE SECRETARY:    Calendar Number

                 1555, by Senator Farley, Senate Print 8058, an

                 act to amend the Public Health Law, in

                 relation to continuing.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Farley, an explanation is asked for by Senator

                 Coppola.

                            SENATOR FARLEY:    Senator Coppola,

                 this is a bill that passed last year at the

                 request of the Funeral Directors Association.

                 It was their number-one priority.  It was

                 vetoed by the Governor.  And this is a

                 three-way agreement, pretty much.

                            Basically what they've done is in

                 the veto message it said that there wasn't

                 enough fees to cover the cost of this

                 continuing education and supervising, et

                 cetera.  So they raised the fee.

                            There seems to be -- there's no





                                                          5735



                 opposition by the funeral directors -- as a

                 matter of fact, it's their number-one and only

                 priority, the Funeral Directors Association.

                 And there seems to be no objection or

                 opposition in either house or anyplace that

                 I'm aware of.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Coppola.

                            SENATOR COPPOLA:    Question for

                 the sponsor.

                            SENATOR FARLEY:    Sure.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Farley, will you yield to Senator Coppola?

                            SENATOR FARLEY:    Certainly.

                            ACTING PRESIDENT LIBOUS:

                 Senator, he will yield.

                            SENATOR COPPOLA:    On the fee, who

                 pays the fee, the directors?  Or is it passed

                 on to someone else, the fee that's -

                            SENATOR FARLEY:    The funeral

                 directors pay the fee.  They pay it through

                 their association and so forth.

                            SENATOR COPPOLA:    And the funeral

                 directors have no problem with this?

                            SENATOR FARLEY:    No, that's -





                                                          5736



                 they are the ones that asked for the bill,

                 that are supporting it.

                            SENATOR COPPOLA:    Well, that's

                 why I wanted to get clarification for that,

                 because -

                            SENATOR FARLEY:    I understand.

                 No, you would naturally, I think, be concerned

                 that you're putting a mandate on the funeral

                 directors.

                            This is what they want.

                            SENATOR COPPOLA:    That's all I

                 wanted to know, Senator.  Thank you.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 9.  This

                 act shall take effect on the first day of

                 January.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            The Secretary will continue to

                 read.





                                                          5737



                            SENATOR CONNOR:    Mr. President.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Connor.

                            SENATOR CONNOR:    May I have

                 unanimous consent to correct the record a bit

                 on my remarks before?

                            Senator Montgomery asked Senator

                 Goodman to give her the bill, or at least let

                 her cosponsor it.  And he refused.  And it's

                 the second conveyance he's done of land in her

                 district.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1565, by Senator Kuhl, Senate Print 8122, an

                 act to amend the Social Services Law, in

                 relation to establishing.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Kuhl, Senator Coppola is asking for an

                 explanation.

                            SENATOR KUHL:    Senator Coppola,





                                                          5738



                 this is a bill that would allow for a pilot

                 project to be created for special needs people

                 in the four-county district in my Senate

                 district.

                            The counties have recognized that

                 with the current managed-care system, that

                 being that there are large urbanized HMOs,

                 that the same kind of quality of care is not

                 being provided to these special-needs people

                 in the district.

                            So what they have decided, after a

                 demonstration project, is that a better care

                 program can be set up through the use of the

                 counties.  And this piece of legislation would

                 allow them to do that for a two-year period.

                            SENATOR COPPOLA:    Thank you.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The





                                                          5739



                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1569, by the Senate Committee on Rules, Senate

                 Print Number 8134, an act to amend the Tax

                 Law, in relation to the additional tax.

                            SENATOR ONORATO:    Explanation.

                            ACTING PRESIDENT LIBOUS:    An

                 explanation is asked for.

                            SENATOR BRUNO:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside temporarily.

                            Senator Bruno, that completes the

                 controversial reading of 57D.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we take up the noncontroversial

                 Supplemental Number 2 at this time.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 312, by Member of the Assembly Silver,

                 Assembly Print Number 9489, an act to amend

                 Chapter 890 of the Laws of 1982.

                            ACTING PRESIDENT LIBOUS:    Read





                                                          5740



                 the last section.

                            THE SECRETARY:    Section 12.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 460, by Senator LaValle, Senate Print 2709B,

                 an act to amend the Education Law.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is high.  Lay it aside.

                            THE SECRETARY:    Calendar Number

                 468, by Member of the Assembly Pheffer,

                 Assembly Print Number 7248, an act to amend

                 the General Business Law, in relation to the

                 prepayment.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.





                                                          5741



                            Senator Dollinger, why do you rise?

                            SENATOR DOLLINGER:    Just for a

                 point of order, Mr. President.  Could you

                 direct me as to which calendar we're operating

                 on?

                            ACTING PRESIDENT LIBOUS:

                 Senator, we are on supplemental calendar -

                 it's Supplemental Active List Number 2.  Off

                 of the main calendar.

                            It's Calendar Number 57, Senator,

                 which is the main calendar.  And it is the

                 Supplemental Number 2 Active List.

                            SENATOR DOLLINGER:    Thank you,

                 Mr. President.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time ask for a meeting of the

                 Rules Committee in Room 332.

                            ACTING PRESIDENT LIBOUS:    There

                 will be an immediate meeting of the Rules

                 Committee in Room 332.

                            The Secretary will continue to read

                 the Supplemental Number 2 calendar.

                            THE SECRETARY:    Calendar Number





                                                          5742



                 468, by Member of the Assembly Pheffer,

                 Assembly Print Number 7248, an act to amend

                 the General Business Law.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 636, by Senator Spano, Senate Print 4117B, an

                 act to amend the Workers' Compensation Law, in

                 relation to charges.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.





                                                          5743



                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 909, by Senator Velella, Senate Print 3762A,

                 an act to amend the Administrative Code of the

                 City of New York, in relation to membership.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 920, by Senator Leibell, Senate Print 7444, an

                 act to amend the Retirement and Social

                 Security Law, in relation to disability.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call





                                                          5744



                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 931, by Member of the Assembly Destito,

                 substituted earlier today, Assembly Print

                 Number 9460, an act to amend the Agriculture

                 and Markets Law, in relation to creating.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect April 1, 2001.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 935, by Senator Hoffmann, Senate Print 7121,

                 an act to amend the Agriculture and Markets





                                                          5745



                 Law, in relation to the definition of farm

                 operation.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 970, by Senator Lack, Senate Print 5957, an

                 act to amend the Estates, Powers and Trusts

                 Law, in relation to enacting.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The





                                                          5746



                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1042, by Senator A. Smith, Senate Print 5953A,

                 an act directing the Department of State.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1068, by Senator Skelos, Senate Print 6931, an

                 act to amend the Public Officers Law, in

                 relation to the residency.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)





                                                          5747



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1174, by Senator LaValle, Senate Print 7315,

                 an act to amend the Education Law, in relation

                 to citizenship.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall -

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT LIBOUS:    We're

                 on the noncontroversial, Senator.  Would you

                 like to lay that bill aside?

                            SENATOR COPPOLA:    Well, since

                 it's the last bill -

                            ACTING PRESIDENT LIBOUS:    It's

                 not the last bill, Senator.  We will lay it

                 aside.

                            The Secretary will continue to

                 read.

                            THE SECRETARY:    Calendar Number

                 1189, by Senator Mendez, Senate Print 6828, an





                                                          5748



                 act authorizing the City of New York to

                 reconvey its interest.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1212, by the Assembly Committee on Rules,

                 Assembly Print Number 11223A, an act to amend

                 the General Municipal Law, in relation to

                 governing body.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.





                                                          5749



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1441, substituted earlier today by the

                 Assembly Committee on Rules, Assembly Print

                 Number 8834A, an act to amend the Education

                 Law, the State Finance Law, and the Tax Law.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1444, by Senator Oppenheimer, Senate Print

                 4236B, an act authorizing the City of Rye,

                 Westchester County.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.





                                                          5750



                            Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Paterson.

                            SENATOR PATERSON:    Mr. President,

                 with unanimous consent, may I be recorded in

                 the negative on Calendar Number 1212.

                            ACTING PRESIDENT LIBOUS:    Without

                 objection.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1451, by Senator Stachowski, Senate Print

                 6287, an act to amend the Vehicle and Traffic

                 Law, in relation to the right-of-way.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call





                                                          5751



                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1494, by Senator Padavan, Senate Print 8029,

                 an act to amend the Real Property Tax Law, in

                 relation to the determination.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Bruno, that completes the

                 noncontroversial reading of Supplemental

                 Number 2.

                            SENATOR BRUNO:    Can we at this

                 time take up the controversial reading of that

                 same calendar.





                                                          5752



                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1174, by Senator LaValle, Senate Print 7315,

                 an act to amend the Education Law, in relation

                 to citizenship or immigration status.

                            SENATOR COPPOLA:    Explanation,

                 please.

                            ACTING PRESIDENT LIBOUS:    Senator

                 LaValle, Senator Coppola is asking for an

                 explanation, sir.

                            SENATOR LAVALLE:    Senator

                 Coppola, some of the chain pharmacies are

                 having a problem with pharmacists.  And there

                 are some pharmacists that are working in this

                 country, and this bill would give them a

                 one-time three-year waiver while they -

                 because they're applying for citizenship while

                 they are here under a limited permit.

                            So this would give the Board of

                 Regents and the Pharmacy Board an opportunity

                 to give them a one-time three-year waiver.

                            What we've also done in this bill

                 is to ask for a study so that we can, if this

                 comes before us if we need another extension,





                                                          5753



                 I will or whoever has the sponsorship of the

                 bill will be able to tell this body the number

                 of people that we have in this state under

                 waiver, the number of pharmacists that we need

                 to fill gaps in our pharmacies throughout the

                 state.

                            SENATOR COPPOLA:    Thank you,

                 Senator.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect October 1, 2000.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Yes, Mr.

                 President.  I would request unanimous consent

                 to be recorded in the negative on Calendar

                 Number 1212, Senate Bill 7893A.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Schneiderman in the negative on 1212, without





                                                          5754



                 objection.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time take up Calendar Number

                 1569.

                            ACTING PRESIDENT LIBOUS:

                 Calendar Number 1569.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1569, by the Senate Committee on Rules, Senate

                 Print Number 8134, an act to amend the Tax

                 Law, in relation to the additional tax.

                            SENATOR ONORATO:    Explanation.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Stafford.

                            SENATOR STAFFORD:    Mr. President,

                 at the present time the city is authorized to

                 impose a 14 percent personal income tax

                 surcharge.

                            SENATOR ONORATO:    Senator, I

                 can't hear you.

                            SENATOR STAFFORD:    At the present

                 time, the city is authorized to impose a

                 14 percent personal income tax surcharge, that

                 they can do that until the end of 2001.





                                                          5755



                            This bill will allow them to reduce

                 it and to eliminate it before that time.

                            ACTING PRESIDENT LIBOUS:

                 Senator Onorato.

                            SENATOR ONORATO:    Senator, would

                 you yield to a question, please?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Stafford, do you yield?

                            SENATOR STAFFORD:    Yes.

                            ACTING PRESIDENT LIBOUS:    Yes, he

                 will, Senator.

                            SENATOR ONORATO:    From your brief

                 explanation, I take it that there will not be

                 a tax increase on the personal income tax;

                 this will, in fact, decrease the tax.

                            SENATOR STAFFORD:    Exactly.

                            SENATOR ONORATO:    Thank you.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.





                                                          5756



                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Can we call up

                 Calendar Number 390.

                            ACTING PRESIDENT LIBOUS:

                 Calendar Number 390.

                            The Secretary will read.

                            SENATOR BRUNO:    And we'll ask to

                 lay it aside for the day.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Duane, we will recognize you in a second.

                            THE SECRETARY:    Calendar Number

                 390, by Senator Alesi, Senate Print 6232B, an

                 act to amend the General Obligations Law.

                            ACTING PRESIDENT LIBOUS:    The

                 message was accepted earlier today, and the

                 bill is laid aside.

                            Senator Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  If I could receive unanimous

                 consent to vote in the negative on Calendar

                 Number 1212.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Duane in the negative on Calendar Number 1212,





                                                          5757



                 without objection.

                            Senator Malcolm Smith.

                            SENATOR MALCOLM SMITH:    Yes, Mr.

                 President, thank you.  I rise to request

                 unanimous consent on Calendar Number 1212 to

                 be recorded in the negative.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Smith, also on Calendar 1212, to be recorded

                 in the negative, without objection.

                            SENATOR MALCOLM SMITH:    Thank

                 you.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Onorato.

                            SENATOR ONORATO:    Mr. President,

                 I would like unanimous consent to be recorded

                 in the negative on Calendar Number 1212.

                            ACTING PRESIDENT LIBOUS:

                 Senator Onorato in the negative on Calendar

                 1212, without objection.

                            Senator Mendez.

                            SENATOR MENDEZ:    Mr. President,

                 there will be an immediate Minority conference

                 in Room 314.

                            ACTING PRESIDENT LIBOUS:    After

                 the Rules report, I believe.





                                                          5758



                            SENATOR MENDEZ:    Yes.

                            ACTING PRESIDENT LIBOUS:    After

                 the Rules report, there will be a Minority

                 conference immediately following the Rules

                 report.  In Room 314, for those of you who are

                 unfamiliar with the room.

                            Senator Dollinger, why do you rise?

                            SENATOR DOLLINGER:    No reason.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we return to the reports of standing

                 committees.  I believe there's a report from

                 the Rules Committee at the desk.  I ask that

                 it be read at this time.

                            ACTING PRESIDENT LIBOUS:    Reports

                 of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 28A, by Senator

                 LaValle, an act to amend the Education Law;

                            2572, by Senator DeFrancisco, an

                 act to amend the Alcoholic Beverage Control





                                                          5759



                 Law;

                            3081C, by Senator Johnson, an act

                 to amend the Vehicle and Traffic Law;

                            4086A, by Senator Nozzolio, an act

                 to authorize;

                            4936B, by Senator Spano, an act to

                 amend the Public Health Law;

                            5480B, by Senator Leibell, an act

                 to amend the Retirement and Social Security

                 Law;

                            5601A, by Senator Saland, an act to

                 amend the Social Services Law and others;

                            6141, by Senator Morahan, an act to

                 amend the Education Law;

                            6364, by Senator Maltese, an act to

                 amend the Administrative Code of the City of

                 New York;

                            6577B, by Senator Morahan, an act

                 to amend the Real Property Tax Law;

                            6692, by the Senate Committee on

                 Rules, an act in relation to authorizing;

                            6874, by Senator Fuschillo, an act

                 to amend the State Finance Law;

                            7056, by Senator Morahan, an act to

                 amend the Retirement and Social Security Law;





                                                          5760



                            7079B, by Senator Marchi, an act to

                 amend the Business Corporation Law and others;

                            7257A, by Senator Skelos, an act to

                 authorize the state and local employees'

                 retirement system;

                            7349, by Senator Balboni, an act to

                 amend the Town Law;

                            7453, by Senator Larkin, an act to

                 amend the General Municipal Law;

                            7545, by Senator Leibell, an act to

                 amend the Retirement and Social Security Law;

                            8039, by Senator McGee, an act to

                 reopen the special retirement plan;

                            8059, by Senator Padavan, an act to

                 amend the Private Housing Finance Law;

                            8060, by Senator Bruno, an act

                 authorizing Victor T. Greco;

                            8097A, by the Senate Committee on

                 Rules, an act to amend the Alcoholic Beverage

                 Control Law;

                            8126, by the Senate Committee on

                 Rules, an act to amend the Public Health Law;

                            8138, by the Senate Committee on

                 Rules, an act to amend the Insurance Law;

                            8152A, by Senator Lack, an act to





                                                          5761



                 amend the Judiciary Law and the Uniform City

                 Court Act;

                            8163, by Senator Rath, an act to

                 amend the Executive Law;

                            8166, by Senator Padavan, an act to

                 amend the General City Law and the

                 Administrative Code of the City of New York;

                            8173, by the Senate Committee on

                 Rules, an act to amend the Tax Law;

                            8174, by Senator Volker, an act to

                 amend a chapter of the Laws of 2000;

                            8176, by the Senate Committee on

                 Rules, an act to amend the Workers'

                 Compensation Law;

                            8177, by Senator Fuschillo, an act

                 to amend the Public Health Law;

                            8180, by Senator Velella, an act to

                 amend the Retirement and Social Security Law;

                            8181, by Senator Padavan, an act to

                 amend the Executive Law;

                            1882, by Senator Leibell, an act to

                 amend the Retirement and Social Security Law;

                            8185, by the Senate Committee on

                 Rules, an act to amend the Public Health Law

                 and others;





                                                          5762



                            And 8165, by Senator Padavan, an

                 act to amend the General City Law and others.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno.

                            SENATOR BRUNO:    Move to accept.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor, say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 Rules report is accepted.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time ask for a very short

                 conference with the Majority.

                            It's my understanding that the

                 Minority wishes to conference at this time.

                 And I would defer to Senator Paterson for that

                 purpose.

                            ACTING PRESIDENT LIBOUS:    There

                 will be a very short conference of the





                                                          5763



                 Majority at this time in Room 332.

                            Senator Paterson.

                            SENATOR PATERSON:    I concur with

                 the Majority Leader.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Paterson concurs with the Majority Leader.

                            The Senate stands at ease.

                            (Whereupon, the Senate stood at

                 ease at 9:20 p.m.)

                            (Whereupon, the Senate reconvened

                 at 10:00 p.m.)

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno.

                            The Senate will come to order.

                            SENATOR BRUNO:    Mr. President,

                 can we call up Calendar Number 1610.

                            ACTING PRESIDENT LIBOUS:

                 Calendar Number 1610.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1610, by Senator Velella, Senate Print 8180,

                 an act to amend the Retirement and Social

                 Security Law and others, in relation to

                 providing.

                            ACTING PRESIDENT LIBOUS:    Senator





                                                          5764



                 Bruno, there is a message of necessity at the

                 desk.

                            SENATOR BRUNO:    Move to accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor, say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 18.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we take up the Supplemental Calendar 57E.

                 E.  E.





                                                          5765



                            ACTING PRESIDENT LIBOUS:

                 Supplemental Calendar E, noncontroversial.

                 Calendar E.

                            The Secretary will read.

                            THE SECRETARY:    In relation to

                 Calendar Number 1577, Senator DeFrancisco

                 moves to discharge, from the Committee on

                 Rules, Assembly Bill Number 1166 and

                 substitute it for the identical Senate bill

                 Number 2572, Third Reading Calendar 1577.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1577, by Member of the Assembly Schimminger,

                 Assembly Print Number 1166, an act to amend

                 the Alcoholic Beverage Control Law.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.





                                                          5766



                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1578, by Senator Johnson, Senate Print 3081C,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to driving restrictions.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect 180 days.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1579, by Senator Nozzolio, Senate Print 4086A,

                 an act to authorize William DeFisher to apply

                 for retroactive membership.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.





                                                          5767



                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1580, Senator Spano moves to

                 discharge, from the Committee on Health,

                 Assembly Bill Number 7144C and substitute it

                 for the identical Senate Bill Number 4936B,

                 Third Reading Calendar 1580.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1580, by Member of the Assembly McLaughlin,

                 Assembly Print Number 7144C, an act to amend

                 the Public Health Law.

                            SENATOR BRESLIN:    Lay the bill

                 aside.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside.

                            THE SECRETARY:    Calendar Number

                 1581, by Senator Leibell, Senate Print 5480B,





                                                          5768



                 an act to amend the Retirement and Social

                 Security Law, in relation to service credit.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1582, by Senator Saland, Senate Print 5601A,

                 an act to amend the Social Services Law and

                 others.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside.

                            THE SECRETARY:    Calendar Number

                 1583, by Senator Morahan, Senate Print 6141,

                 an act to amend the Education Law, in relation

                 to certain BOCES programs.

                            ACTING PRESIDENT LIBOUS:    Read





                                                          5769



                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 July.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1584, by Senator Maltese, Senate Print 6364,

                 an act to amend the Administrative Code of the

                 City of New York, in relation to calculating.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.





                                                          5770



                            THE SECRETARY:    In relation to

                 Calendar Number 1585, Senator Morahan moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 9548A and substitute it

                 for the identical Senate Bill Number 6577B,

                 Third Reading Calendar 1585.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1585, by Member of the Assembly Colman,

                 Assembly Print Number 9548A, an act to amend

                 the Real Property Tax Law, in relation to

                 notice.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to





                                                          5771



                 Calendar Number 1586, Senator Bruno moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8160A and substitute it

                 for the identical Senate Bill Number 6692,

                 Third Reading Calendar 1586.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1586, by the Assembly Committee on Rules,

                 Assembly Print Number 8160A, an act in

                 relation to authorizing the City of New York.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the 30th day.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Dollinger, why do you rise?

                            SENATOR DOLLINGER:    Just briefly

                 to explain my vote.

                            I'm pleased to see that General

                 Grant's National Memorial will get attention

                 under this bill.

                            I would just tell everyone that I'm





                                                          5772



                 reading a fascinating book called "The Last

                 Measure," which is the story of Ulysses

                 Grant's campaigns as a Union general between

                 July of '64 and the end of the war.  It is

                 absolutely riveting that a guy who was

                 basically a broke store clerk when the battle

                 of Fort Sumter occurred became America's most

                 famous and most successful general.

                            It's only fitting that we should

                 honor General Grant with this memorial and

                 improving its quality.

                            Thank you, Mr. President.  I vote

                 aye.

                            ACTING PRESIDENT LIBOUS:

                 Results.

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1587, Senator Fuschillo moves

                 to discharge, from the Committee on Rules,

                 Assembly Bill Number 9553 and substitute it

                 for the identical Senate Bill Number 6874,

                 Third Reading Calendar 1587.

                            ACTING PRESIDENT LIBOUS:





                                                          5773



                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1587, by Member of the Assembly Englebright,

                 Assembly Print Number 9553, an act to amend

                 the State Finance Law, in relation to

                 appropriation.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1588, Senator Morahan moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 5647B and substitute it

                 for the identical Senate Bill Number 7056,

                 Third Reading Calendar 1588.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.





                                                          5774



                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1588, by Member of the Assembly Gromack,

                 Assembly Print Number 5647B, an act to amend

                 the Retirement and Social Security Law, in

                 relation to retirement.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect January 1, 2001.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1589, by Senator Marchi, Senate Print 7079B,

                 an act to amend the Business Corporation Law

                 and others, in relation to making technical

                 corrections.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there is a message of necessity at the

                 desk.





                                                          5775



                            SENATOR BRUNO:    Move to accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    The

                 motion is to accept the message.  All in

                 favor, aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 13.  This

                 act shall take effect January 1, 2001.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1590, Senator Skelos moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 9791A and substitute it

                 for the identical Senate Bill Number 7257A,





                                                          5776



                 Third Reading Calendar 1590.

                            ACTING PRESIDENT LIBOUS:

                 Substitution is ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1590, by Member of the Assembly Weisenberg,

                 Assembly Print Number 9791A, an act to

                 authorize the state and local employees'

                 retirement system.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1591, Senator Balboni moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 9921 and substitute it

                 for the identical Senate Bill Number 7349,

                 Third Reading Calendar 1591.





                                                          5777



                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1591, by Member of the Assembly DiNapoli,

                 Assembly Print Number 9921, an act to amend

                 the Town Law, in relation to compensation.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 December.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1592, by Senator Larkin, Senate Print 7453, an

                 act to amend the General Municipal Law, in

                 relation to reconstituting.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.





                                                          5778



                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1593, by Senator Leibell, Senate Print 7545,

                 an act to amend the Retirement and Social

                 Security Law, in relation to refunding.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect December 15, 2000.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1595, by Senator McGee, Senate Print 8039, an

                 act to reopen the special retirement plan to





                                                          5779



                 Stephen P. Fardink.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1596, by Senator Padavan, Senate Print 8059,

                 an act to amend the Private Housing Finance

                 Law, in relation to advances.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The





                                                          5780



                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1597, by Senator Bruno, Senate Print 8060, an

                 act authorizing Victor T. Greco to file for

                 retroactive membership.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1598, by the Senate Committee on Rules, Senate

                 Print Number 8097A, an act to amend the

                 Alcoholic Beverage Control Law, in relation to

                 the sale of alcoholic beverages.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there is a message of necessity.

                            SENATOR BRUNO:    Move to accept.

                            ACTING PRESIDENT LIBOUS:    Move

                 the message.  All in favor, aye.





                                                          5781



                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1600, by the Senate Committee on Rules, Senate

                 Print Number 8126, an act to amend the Public

                 Health Law, in relation to the regulation of

                 sharps.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the same date as a

                 chapter of the Laws of 2000.





                                                          5782



                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1601, by the Senate Committee on Rules, Senate

                 Print 8138, an act to amend the Insurance Law

                 and Chapter 266 of the Laws of 1986.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1603, by Senator Rath, Senate Print 8163, an

                 act to amend the Executive Law, in relation to

                 establishing a DNA identification index.

                            SENATOR BRUNO:    Is there a





                                                          5783



                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Yes,

                 there is.

                            SENATOR BRUNO:    Move to accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor indicate by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect on the first day of

                 November.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1604, by Senator Padavan, Senate Print -





                                                          5784



                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside.

                            THE SECRETARY:    Calendar Number

                 1605, by -

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside.

                            THE SECRETARY:    Calendar Number

                 1606, by the Senate Committee on Rules, Senate

                 Print 8173, an act to amend the Tax Law, in

                 relation to hotel and motel taxes.

                            SENATOR BRUNO:    Lay it aside for

                 the day.

                            ACTING PRESIDENT LIBOUS:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 1607, by Senator Volker, Senate Print 8174, an

                 act to amend a chapter of the Laws of 2000, as

                 proposed in Legislative Bill Number S6590B.

                            ACTING PRESIDENT LIBOUS:    That

                 bill is high.  We'll lay it aside.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number





                                                          5785



                 1608, by the Senate Committee on Rules, Senate

                 Print 8176, an act to amend the Workers'

                 Compensation Law, in relation to the

                 investment.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Yes,

                 there is.

                            SENATOR BRUNO:    Move to accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor indicate by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 10.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.





                                                          5786



                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1609, by Senator Fuschillo, Senate Print 8177,

                 an act to amend the Public Health Law, in

                 relation to the shipment of cigarettes.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Yes,

                 there is, Senator.

                            SENATOR BRUNO:    Move to accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 13.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.





                                                          5787



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1611, by Senator Padavan, Senate Print 8181,

                 an act to -

                            SENATOR BRUNO:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside temporarily.

                            THE SECRETARY:    Calendar Number

                 1612, by Senator Leibell, Senate Print 8182,

                 an act to amend the Retirement and Social

                 Security Law, in relation to clarifying.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Yes,

                 there is, Senator Bruno.

                            SENATOR BRUNO:    Move to accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor indicate by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:





                                                          5788



                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            We'll read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            That completes the noncontroversial

                 reading, Senator Bruno, of Supplemental

                 Calendar 57E.

                            SENATOR BRUNO:    Mr. President, at

                 this time can we take up the controversial

                 reading of the calendar.

                            ACTING PRESIDENT LIBOUS:

                 Controversial on 57E.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1580, substituted earlier today by Member of

                 the Assembly McLaughlin, Assembly Print Number





                                                          5789



                 7144C, an act to amend the Public Health Law.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    May I have

                 unanimous consent to be recorded in the

                 negative on Bill Number 7930A, Calendar Number

                 1485, that was passed earlier today.

                            ACTING PRESIDENT LIBOUS:    Without

                 objection.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1582, by Senator Saland, Senate Print 5601A,

                 an act to amend the Social Services Law and

                 others, in relation to child support

                 enforcement.

                            ACTING PRESIDENT LIBOUS:    Read





                                                          5790



                 the last section.

                            THE SECRETARY:    Section 62.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1604, by Senator Padavan, Senate Print 8165,

                 an act to amend the General City Law, the Tax

                 Law, and the Administrative Code of the City

                 of New York.

                            ACTING PRESIDENT LIBOUS:    Excuse

                 me.  Can we have a little order in the

                 chamber.  Everybody is getting a little

                 restless.  We need to move forward.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    There

                 is a message at the desk.

                            SENATOR BRUNO:    Move to accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    All in





                                                          5791



                 favor indicate by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 64.  This

                 act shall take effect November 1, 2000.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside.

                            Senator Paterson, that bill is

                 already laid aside.

                            SENATOR PATERSON:    Mr. President,

                 may I have an explanation on that bill,

                 please.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Paterson asked for an explanation on the bill,

                 Senator Padavan.

                            SENATOR PADAVAN:    Thank you, Mr.

                 President.





                                                          5792



                            This bill deals with the energy

                 cost-saving program that currently exists in

                 the City of New York.  It makes a number of

                 changes technical in nature, significant in

                 others, that will enhance the effectiveness of

                 this program as it promotes economic

                 development and other positive gains for

                 business opportunities in the City of New

                 York, particularly in the area of Lower

                 Manhattan.

                            There is a four-page memo from the

                 City of New York which goes into great detail.

                 Suffice it to say -- you must have a copy of

                 it, Senator Paterson.  Do you?

                            In any event, I'd be happy to

                 answer any specific questions, having just

                 laid a general outline of what we're dealing

                 with here.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Paterson.

                            SENATOR PATERSON:    Mr. President,

                 could I have a moment on that bill?  Yeah,

                 that's all I need is a moment.

                            SENATOR PADAVAN:    This is an

                 extender of a program that relates to the City





                                                          5793



                 of New York.

                            SENATOR CONNOR:    Citywide?

                            SENATOR PADAVAN:    Citywide.

                            SENATOR CONNOR:    Thank you.

                 Explanation satisfactory.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 64, this

                 act shall take effect November 1, 2000.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1605, by Senator Padavan, Senate Print 8166,

                 an act to amend the General City Law and the

                 Administrative Code of the City of New York.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Yes,

                 there is a message.

                            SENATOR BRUNO:    Move to accept

                 the message.





                                                          5794



                            ACTING PRESIDENT LIBOUS:    The

                 motion is to accept the message.  All in favor

                 indicate by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator DeFrancisco, why do you

                 rise?

                            SENATOR DeFRANCISCO:    I beg the

                 indulgence of the house.  I just voted no on

                 the wrong bill.

                            ACTING PRESIDENT LIBOUS:    Would

                 you like to correct that, sir?





                                                          5795



                            SENATOR DeFRANCISCO:    I would

                 like unanimous consent to be recorded in the

                 affirmative on 1485, Senate Print 7930A, and

                 consent to be recorded in the negative on

                 Calendar Number 1549, Senate 6672D.

                            And I want to thank Senator Morahan

                 for the advice.

                            ACTING PRESIDENT LIBOUS:    Without

                 objection.

                            Senator Bruno.

                            SENATOR BRUNO:    Can we ask for an

                 immediate meeting of the Rules Committee in

                 Room 332.

                            ACTING PRESIDENT LIBOUS:    There

                 will be an immediate meeting of the Rules

                 Committee in Room 332.

                            Could we have some order in the

                 chamber.  Order in the chamber.

                            The Secretary will read.

                            THE SECRETARY:    In relation to

                 Calendar Number 1611, Senator Padavan moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11162A and substitute it

                 for the identical Senate Bill Number 8181,

                 Third Reading Calendar 1611.





                                                          5796



                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary shall read.

                            THE SECRETARY:    Calendar Number

                 1611, by the Assembly Committee on Rules,

                 Assembly Print Number 11162A, an act to amend

                 the Executive Law, in relation to

                 establishing.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there is a message of necessity.

                            SENATOR BRUNO:    Move to accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor indicate by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            We'll read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 January.

                            ACTING PRESIDENT LIBOUS:    Call





                                                          5797



                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            SENATOR BRUNO:    Mr. President, I

                 ask we at this time if we can go to the

                 regular calendar and call up Number 744.

                            ACTING PRESIDENT LIBOUS:    Regular

                 calendar, Number 744.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 744, by Senator Leibell, Senate Print 7530A,

                 an act to amend the Retirement and Social

                 Security Law, in relation to granting members.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.





                                                          5798



                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 Calendar Number 665.

                            ACTING PRESIDENT LIBOUS:

                 Calendar Number 665.

                            The Secretary shall read.

                            THE SECRETARY:    Calendar Number

                 665, by the Assembly Committee on Rules,

                 Assembly Print Number 9008A, an act to amend

                 the Correction Law, in relation to custody and

                 supervision.

                            SENATOR DUANE:    Lay it aside,

                 please.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside.

                            The Secretary will read Calendar

                 665.

                            THE SECRETARY:    Calendar Number

                 665, by the Assembly Committee on Rules,

                 Assembly Print Number 9008A, an act to amend

                 the Correction Law.

                            SENATOR DUANE:    Explanation,

                 please.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Duane is requesting an explanation, Senator





                                                          5799



                 Nozzolio.

                            SENATOR NOZZOLIO:    Thank you, Mr.

                 President.

                            This measure ensures that the

                 correctional system in the state remain in the

                 hands of those who are most competent to

                 entrust it to.  This measure prevents the

                 privatization of the security function of

                 prisons.

                            SENATOR DUANE:    Explanation

                 satisfactory.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect in 90 days.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we take up Calendar Number 908.

                            ACTING PRESIDENT LIBOUS:





                                                          5800



                 Calendar Number 908.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 908, by Member of the Assembly Harenberg,

                 Assembly Print 6903B, an act to amend the

                 Retirement and Social Security Law, in

                 relation to providing.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Nozzolio.

                            SENATOR NOZZOLIO:    Thank you, Mr.

                 President.  On behalf of Senator Alesi, I wish

                 to call up Print Number 97, recalled from the

                 Assembly, which is now at the desk.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will read.





                                                          5801



                            THE SECRETARY:    Calendar Number

                 862, by Senator Alesi, Senate Print 97, an act

                 to amend the Executive Law.

                            SENATOR NOZZOLIO:    Mr. President,

                 I now move to reconsider the vote by which

                 this bill was passed.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            SENATOR NOZZOLIO:    I now offer

                 the following amendments.

                            ACTING PRESIDENT LIBOUS:

                 Amendments received.

                            Senator Onorato, why do you rise?

                            SENATOR ONORATO:    Mr. President,

                 will Senator Bruno call up my bill, S492,

                 that's been languishing in committee for two

                 months.

                            (Laughter.)

                            SENATOR ONORATO:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT LIBOUS:    We're

                 waiting for the Rules report, so the Senate





                                                          5802



                 will be at ease just temporarily.

                            (Whereupon, the Senate stood at

                 ease at 10:34 p.m.)

                            (Whereupon, the Senate reconvened

                 at 10:35 p.m.)

                            ACTING PRESIDENT LIBOUS:    Senator

                 Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  With unanimous consent, I'd like

                 to be recorded in the negative on Calendar

                 Number 1582.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Duane in the negative on Calendar 1582,

                 without objection.

                            SENATOR BRUNO:    Mr. President.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno.

                            SENATOR BRUNO:    Mr. President, I

                 believe, if we can return to the reports of

                 standing committees, that there is a report of

                 the Rules Committee at the desk.  And I would

                 ask that it be read at this time.

                            ACTING PRESIDENT LIBOUS:    Return

                 to the reports of standing committees, and we

                 will read the Rules report.





                                                          5803



                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 768A, by Senator

                 Maltese, an act to amend the Retirement and

                 Social Security Law;

                            1652C, by Senator Seward, an act to

                 amend the Education Law;

                            5760A, by Senator Goodman, an act

                 to amend the Administrative Code of the City

                 of New York;

                            6935, by Senator Marcellino, an act

                 to amend the Labor Law;

                            7068, by Senator Padavan, an act to

                 amend the General City Law and others;

                            7302, by Senator Leibell, an act to

                 amend the Retirement and Social Security Law;

                            7981A, by Senator Libous, an act to

                 enact the Mental Health Special Needs Plan

                 Reauthorization Act of 2000;

                            Senate Print 8079, by Senator

                 Meier, an act to amend the Social Services

                 Law;

                            8129, by Senator Leibell, an act to





                                                          5804



                 amend the Retirement and Social Security Law

                 and the Education Law;

                            8130, by Senator Leibell, an act to

                 amend the Retirement and Social Security Law;

                            8131, by Senator Leibell, an act to

                 amend the Retirement and Social Security Law;

                            4301, by Senator Maltese, an act to

                 amend the Administrative Code of the City of

                 New York;

                            4350A, by Senator Leibell, an act

                 to amend Chapter 422 of the Laws of 1991;

                            6366, by Senator Velella, an act to

                 authorize retroactive membership;

                            7720A, by Senator Velella, an act

                 to allow Adelaide Peduzzi;

                            7979, by the Senate Committee on

                 Rules, an act to amend the Administrative Code

                 of the City of New York;

                            8031, by Senator Johnson, an act to

                 require the Department of Environmental

                 Conservation;

                            8072, by Senator Breslin, an act

                 authorizing William P. Soronen, Jr.;

                            8107A, by Senator Hannon, an act to

                 amend the Public Health Law and the Social





                                                          5805



                 Services Law;

                            8179, by the Senate Committee on

                 Rules, an act authorizing the state

                 comptroller to withhold;

                            8186, by Senator Goodman, an act to

                 amend the Penal Law;

                            8183, by Senator Leibell, an act to

                 amend the Civil Service Law and the State

                 Finance Law;

                            492, by Senator Onorato, an act to

                 amend the Labor Law;

                            8188, by Senator Leibell, an act to

                 amend the Civil Service Law and the State

                 Finance Law;

                            7500A, by Senator Alesi, an act to

                 amend the Retirement and Social Security Law;

                            6428, by Senator Saland, an act to

                 authorize Thomas F. Salmon;

                            7884A, by Senator Kuhl, an act to

                 amend the Education Law;

                            8055, by Senator Leibell, an act to

                 amend the Public Lands Law;

                            And 8119, by the Senate Committee

                 on Rules, an act to amend the General

                 Municipal Law.





                                                          5806



                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno.

                            SENATOR BRUNO:    Move to accept

                 the report of Rules Committee.

                            ACTING PRESIDENT LIBOUS:    The

                 motion is to accept the report of the Rules

                 Committee.  All in favor, aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 Rules Committee report is accepted.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we return to motion and resolutions.  I

                 believe that there are four resolutions at the

                 desk.  I would ask that they be read in title

                 and move for their immediate adoption.

                            ACTING PRESIDENT LIBOUS:    The

                 Senate will return to motions and resolutions.

                            And the Secretary will read.

                            THE SECRETARY:    By Senator Bruno,





                                                          5807



                 Concurrent Resolution of the Senate and

                 Assembly 4851, authorizing the Temporary

                 President of the Senate and the Speaker of the

                 Assembly to file an election to make certain

                 officers and employees of joint legislative

                 employers eligible for the retirement

                 incentive offered by Chapter 41 of the Laws of

                 1997, extended by a chapter of the Laws of

                 2000, as proposed in Legislative Bill Numbers

                 S8110 and A10873A.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll on the

                 resolution.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 resolution is adopted.

                            The Secretary shall read.

                            THE SECRETARY:    By Senator Bruno,

                 Senate Resolution Number 4852, authorizing the

                 Temporary President of the Senate to file the

                 election required to allow employees of the

                 Senate and components of the Senate to be

                 eligibility for the retirement incentive

                 offered by Chapter 41 of the Laws of 1997, as





                                                          5808



                 extended by a chapter of the Laws of 2000, as

                 proposed in Legislative Bill Numbers S8110 and

                 A10873A.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll on the

                 resolution.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 resolution is adopted.

                            The Secretary will read.

                            THE SECRETARY:    By Senator Bruno,

                 Concurrent Resolution of the Senate and

                 Assembly Number 4853, authorizing the

                 Temporary President of the Senate and the

                 Speaker of the Assembly to file an election to

                 make certain officers and employees of joint

                 legislative employers eligible for benefit

                 enhancements as provided by a chapter of the

                 Laws of 2000, as proposed in Legislative Bill

                 Numbers S8142 and A11418.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll on the

                 resolution.

                            (The Secretary called the roll.)





                                                          5809



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 resolution is adopted.

                            The Secretary will read.

                            THE SECRETARY:    By Senator Bruno,

                 Senate Resolution Number 4854, authorizing the

                 Temporary President of the Senate to file the

                 election required to allow employees of the

                 Senate and components of the Senate to be

                 eligible for benefit enhancements as provided

                 by a chapter of the Laws of 2000, as proposed

                 in Legislative Bill Numbers S8142 and A11418

                 amending the Retirement and Social Security

                 Law, relating to providing benefit

                 enhancements.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll on the resolution.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 resolution is adopted.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President, I

                 believe that there is a resolution at the desk

                 by Senator LaValle.  I ask that the title be





                                                          5810



                 read and move for its immediate adoption.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will read the resolution by Senator

                 LaValle.

                            THE SECRETARY:    Legislative

                 Resolution Number 4855, by Senators LaValle

                 and Bruno, commemorating the life of Mike Van

                 Ryn for his many years of dedicated service to

                 the citizens of the State of New York.

                            ACTING PRESIDENT LIBOUS:    On the

                 resolution, all in favor say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 resolution is adopted.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 please call up Calendar Number 470.

                            ACTING PRESIDENT LIBOUS:

                 Calendar Number 470.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 470, substituted earlier today by Member of





                                                          5811



                 the Assembly DiNapoli, Assembly Print Number

                 9675A, an act to amend the General Business

                 Law, in relation to warranties.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 September.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            SENATOR BRUNO:    Mr. President.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we call up Calendar Number 1614.

                            ACTING PRESIDENT LIBOUS:

                 Calendar Number 1614.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1614, by the Senate Committee on Rules, Senate

                 Print 8185, an act to amend the Public Health





                                                          5812



                 Law, the Social Services Law, the Insurance

                 Law, the Workers' Compensation Law, and

                 Chapter 1 of the Laws of 1999, relating to the

                 New York Health Care Reform Act of 2000.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there is a message of necessity at the

                 desk.

                            SENATOR BRUNO:    Move we accept

                 that message of necessity.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 70.  This

                 act shall take effect -

                            SENATOR DOLLINGER:    Lay it aside,

                 please.

                            ACTING PRESIDENT LIBOUS:    Lay





                                                          5813



                 that bill aside.

                            Senator Dollinger.

                            SENATOR DOLLINGER:    Mr.

                 President, could we have an explanation of

                 that bill now?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Dollinger is requesting an explanation.

                            Senator Hannon, Senator Dollinger

                 is requesting an explanation, sir.

                            SENATOR HANNON:    This is a series

                 of technical changes to the HCRA statute that

                 was passed in December of 1999, and necessary

                 to make sure that lengthy bill is correct and

                 that the monies that were set forth therein

                 are flowed to the appropriate accounts.

                            SENATOR DOLLINGER:    No objection.

                            Read the last section.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 70.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.





                                                          5814



                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we take up the noncontroversial

                 Supplemental Calendar 57F.

                            ACTING PRESIDENT LIBOUS:    We will

                 take up the noncontroversial Supplemental

                 Calendar 57F.

                            The Secretary will read.

                            THE SECRETARY:    In relation to

                 Calendar Number 1566, Senator Onorato moves to

                 discharge, from the Committee on Labor,

                 Assembly Bill Number 4779 and substitute it

                 for the identical Senate Bill Number 492,

                 Third Reading Calendar 1566.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1566, by Member of the Assembly Butler,

                 Assembly Print Number 4779, an act to amend

                 the Labor Law, in relation to contents.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.





                                                          5815



                            THE SECRETARY:    Section 3.  This

                 act shall take effect in one year.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 60.  Nays,

                 1.  Senator Farley recorded in the negative.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1594, by Senator Johnson, Senate Print 8031 -

                            SENATOR BRUNO:    Lay it aside.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside.

                            SENATOR BRUNO:    For the day.

                            ACTING PRESIDENT LIBOUS:    For the

                 day.

                            THE SECRETARY:    Calendar Number

                 1613, by Senator Leibell, Senate Print 8183,

                 an act to amend the Civil Service Law and the

                 State Finance Law, in relation to

                 compensation.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Yes,





                                                          5816



                 Senator Bruno, there is a message of necessity

                 at the desk.

                            SENATOR BRUNO:    Move we accept

                 the message.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 21.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1615, Senator Bruno moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 11131 and substitute it





                                                          5817



                 for the identical Senate Bill Number 7979,

                 Third Reading Calendar 1615.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1615, by the Assembly Committee on Rules,

                 Assembly Print Number 11131, an act to amend

                 the Administrative Code of the City of New

                 York.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1616, by Senator Leibell, Senate Print 4350A,

                 an act to amend Chapter 422 of the Laws of

                 1991 relating to prior service credit.

                            ACTING PRESIDENT LIBOUS:    Read





                                                          5818



                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1617, by Senator Maltese, Senate Print 4301,

                 an act to amend the Administrative Code of the

                 City of New York.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            SENATOR BRUNO:    Lay it aside for

                 the day.  There is no home rule message.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside for the day.  There is not a

                 home rule message.

                            THE SECRETARY:    In relation to

                 Calendar Number 1618, Senator Velella moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 9378 and substitute it

                 for the identical Senate Bill Number 6366,





                                                          5819



                 Third Reading Calendar 1618.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1618, by Member of the Assembly Hochberg,

                 Assembly Print Number 9378, an act to

                 authorize retroactive membership.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            1599.  The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1599, substituted earlier today by Member of

                 the Assembly Abbate, Assembly Print Number

                 1284A, an act to amend the Retirement and

                 Social Security Law.





                                                          5820



                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read the last

                 section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1619, by Senator Velella, Senate Print 7720A,

                 an act to allow Adelaide Peduzzi to recover

                 past service credit.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The





                                                          5821



                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1620, by Senator Breslin, Senate Print 8072,

                 an act authorizing William P. Soronen, Jr., to

                 file for retroactive membership.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1621, by Senator Seward, Senate Print 1652C,

                 an act to amend the Education Law, in relation

                 to creating the profession of medical physics.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first day of

                 January.

                            ACTING PRESIDENT LIBOUS:    Call





                                                          5822



                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1622, Senator Goodman moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 6742A and substitute it

                 for the identical Senate Bill Number 5760A,

                 Third Reading Calendar 1622.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1622, by Member of the Assembly Vitaliano,

                 Assembly Print Number 6742A, an act to amend

                 the Administrative Code of the City of New

                 York and the Retirement and Social Security

                 Law.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.





                                                          5823



                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1623, by Senator Saland, Senate Print 6428, an

                 act to authorize Thomas F. Salmon to transfer

                 certain prior service credit.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1624, by Senator Marcellino, Senate Print

                 6935, an act to amend the Labor Law, in

                 relation to records.

                            ACTING PRESIDENT LIBOUS:    Read





                                                          5824



                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the 60th day.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1625, by Senator Padavan, Senate Print 7068,

                 an act to amend the General City Law and

                 others.

                            SENATOR BRUNO:    Please recommit

                 it to the Committee on Rules.

                            ACTING PRESIDENT LIBOUS:    So

                 ordered.

                            THE SECRETARY:    In relation to

                 Calendar Number 1626, Senator Leibell moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 10797 and substitute it

                 for the identical Senate Bill Number 7302,

                 Third Reading Calendar 1626.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.





                                                          5825



                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1626, by the Assembly Committee on Rules,

                 Assembly Print Number 10797, an act to amend

                 the Retirement and Social Security Law.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1627, by Senator Alesi, Senate Print 7500A, an

                 act to amend the Retirement and Social

                 Security Law, in relation to retirement.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    There

                 is a home rule message at the desk.





                                                          5826



                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    And the

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1628, by Senator Kuhl, Senate Print 7884A, an

                 act to amend the Education Law, in relation to

                 ensuring.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1629, by Senator Libous, Senate Print 7981A,





                                                          5827



                 an act to enact -

                            SENATOR DUANE:    Lay it aside,

                 please.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT LIBOUS:    We'll

                 lay that bill aside.

                            THE SECRETARY:    Calendar Number

                 1630, by Senator Leibell, Senate Print 8055,

                 an act to amend the Public Lands Law, in

                 relation to the payment of state aid.

                            ACTING PRESIDENT LIBOUS:    There

                 is a local fiscal impact note at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    In relation to

                 Calendar Number 1631, Senator Meier moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8475A and substitute it





                                                          5828



                 for the identical Senate Bill Number 8079,

                 Third Reading Calendar, 1631.

                            ACTING PRESIDENT LIBOUS:

                 Substitution ordered.

                            The Secretary shall read.

                            THE SECRETARY:    Calendar Number

                 1631, by the Assembly Committee on Rules,

                 Assembly Print Number 8475A, an act to amend

                 the Social Services Law, in relation to

                 clarifying.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect in 60 days.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1632, by Senator Hannon, Senate Print 8107A,

                 an act to amend the Public Health Law and the

                 Social Services Law, in relation to

                 authorizing Helen Hayes Hospital.





                                                          5829



                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there is a message of necessity at the

                 desk.

                            SENATOR BRUNO:    And I would move

                 that we accept that message of necessity.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor indicate by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            We'll read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number





                                                          5830



                 1633, by the Senate Committee on Rules, Senate

                 Print Number 8119 -

                            SENATOR PATERSON:    Lay it aside.

                            SENATOR BRUNO:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT LIBOUS:    Lay

                 that bill aside temporarily.

                            THE SECRETARY:    Calendar Number

                 1634, by Senator Leibell, Senate Print 8129,

                 an act to amend the Retirement and Social

                 Security Law and the Education Law, in

                 relation to credit.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1635, by Senator Leibell, Senate Print 8130,

                 an act to amend the Retirement and Social





                                                          5831



                 Security Law, in relation to member benefit.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1636, by Senator Leibell, Senate Print 8131,

                 an act to amend the Retirement and Social

                 Security Law, in relation to death benefits.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    And the

                 bill is passed.





                                                          5832



                            THE SECRETARY:    Calendar Number

                 1637, by the Senate Committee on Rules, Senate

                 Print Number 8179, an act authorizing the

                 state comptroller.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there is a message of necessity at the

                 desk.

                            SENATOR BRUNO:    I would move that

                 we accept the message.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor say aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)





                                                          5833



                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1638, by Senator Goodman, Senate Print 8186,

                 an act to amend the Penal Law, in relation to

                 prohibiting and penalizing identity theft.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there is a message at the desk.

                            SENATOR BRUNO:    And I move that

                 we accept that message.

                            ACTING PRESIDENT LIBOUS:    All in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is carried.

                            Read the last section.

                            THE SECRETARY:    Section 4.  This

                 act shall take effect on the first day of

                 November.





                                                          5834



                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1639, by Senator Leibell, Senate Print 8188,

                 an act to amend the Civil Service Law and the

                 State Finance Law, in relation to

                 compensation.

                            SENATOR BRUNO:    Is there a

                 message at the desk?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno, there is a message at the desk.

                            SENATOR BRUNO:    I would move we

                 accept the message.

                            ACTING PRESIDENT LIBOUS:    All

                 those in favor indicate by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT LIBOUS:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT LIBOUS:    The

                 message is accepted.





                                                          5835



                            Read the last section.

                            THE SECRETARY:    Section 20.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            Senator Bruno, that completes the

                 reading of the noncontroversial calendar.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time take up the controversial

                 reading of that calendar.

                            ACTING PRESIDENT LIBOUS:

                 Controversial reading of the calendar.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1629, by Senator Libous, Senate Print 7981A,

                 an act to enact the Mental Health Special

                 Needs Plan Reauthorization Act of 2000.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Duane.

                            SENATOR DUANE:    Thank you, Mr.

                 President.  I have an amendment at the desk,





                                                          5836



                 and I ask that the reading be waived and to

                 speak on the amendment.

                            ACTING PRESIDENT LIBOUS:    The

                 reading is waived, Senator Duane.  You may be

                 heard on the amendment.

                            SENATOR DUANE:    Thank you very

                 much.

                            The amendment that I have before us

                 provides health insurance policies and health

                 maintenance organizations -- it says that they

                 must treat patients with mental illnesses the

                 same as patients with physical ailments.  And

                 in fact, it's a mental health parity bill.

                            The amendment would require that

                 all group or blanket accident or health

                 insurance policies provide mental health

                 coverage for inpatient care.  And if they're

                 already doing that now, they must provide it

                 under the same guidelines as it sets for other

                 illnesses.

                            And outpatients may not be

                 restricted to a certain number of visits.  In

                 fact, that's one of the more ridiculous ways

                 that we treat mental health in this state,

                 that we believe we know exactly how long it





                                                          5837



                 takes to treat mental illness.

                            Now, remember, the bill and the

                 amendment does not provide greater coverage

                 for mental illnesses, it provides for equal

                 treatment.  For too long, mental health and

                 mental illnesses in people who are seeking

                 treatment for mental illnesses have had to

                 live with stigmatization.  And even today,

                 people are afraid to seek treatment for fear

                 that that will forever label them as being

                 somehow flawed.

                            If we were to pass my amendment, it

                 would mean that we would become the 31st state

                 in the nation to have a mental health parity

                 bill.  I know there's broad-based support for

                 this legislation in our house, and I ask my

                 colleagues to vote to add my amendment to the

                 bill.

                            Thank you, Mr. President.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call -

                            SENATOR HEVESI:    Mr. President.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Hevesi, on the amendment.

                            SENATOR HEVESI:    Thank you, Mr.





                                                          5838



                 President.  The hour is late; I'll be very

                 brief.

                            I just rise to add my voice to join

                 Senator Duane and my other colleagues calling

                 for this mental health parity legislation that

                 Senator Libous sponsors and I believe is

                 cosponsored by 23 members of the Majority and

                 would receive a close to if not unanimous

                 support from members on this side of the

                 aisle.

                            It's absolutely essential that we

                 have this legislation.  There is really no

                 meritorious argument opposed to it.  31 other

                 states, as Senator Duane has pointed out, have

                 it.  This is equity that is not only the right

                 thing to do, but our failure to do it

                 penny-wise and pound-foolish.  Denying people

                 adequate treatment on the front end is going

                 to cost us a lot more in the long run.

                            This is something we need to do.

                 We have an opportunity to do it right now.  I

                 commend Senator Duane for bringing the

                 amendment, and I request respectfully that all

                 my colleagues support it.

                            ACTING PRESIDENT LIBOUS:    On the





                                                          5839



                 amendment, all those in favor -

                            SENATOR CONNOR:    Party vote in

                 the affirmative.

                            SENATOR BRUNO:    Party vote in the

                 negative.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll for the party vote.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 25.  Nays,

                 36.  Party vote.

                            ACTING PRESIDENT LIBOUS:    The

                 amendment is defeated.

                            Read the last section.

                            THE SECRETARY:    Section 10.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1633, by the Senate Committee on Rules, Senate

                 Print Number 8119, an act to amend the General

                 Municipal Law, in relation to public works





                                                          5840



                 contracts.

                            SENATOR DOLLINGER:    Explanation.

                            ACTING PRESIDENT LIBOUS:

                 Explanation requested.

                            Senator Velella.

                            SENATOR VELELLA:    Mr. President,

                 this is a bill which will help to alleviate

                 problems that have arisen as a result of court

                 decisions, and deals with public and private

                 work.

                            Public contracts that may be let to

                 bid -- for example, if streets had to be

                 repaired -- are bid by companies for public

                 purposes pursuant to the law, and they are

                 awarded contracts.  If you're repairing a

                 street and you open up the street and you're

                 doing your public work and you find, for

                 example, telephone lines or utility lines in

                 there, that has been determined to be private

                 work.  And those repairs, if you have to move

                 those lines, would be done not pursuant to

                 your publicly bid contract but pursuant to a

                 private contract or private agreement with the

                 utility company.

                            Originally these programs and these





                                                          5841



                 projects used to be bid out as one, the public

                 and private work together.  The Court of

                 Appeals said you cannot do that, it's improper

                 to do it, you have to split the work.

                            As a result, the public contract

                 starts -- a contract defines there's private

                 work and then has to negotiate with the

                 utility company to do the private work.  That

                 delays the job, because the utility companies

                 very often realize that they have the

                 contractor at a disadvantage.  He's in the

                 middle of a job, and he has to do the job for

                 a very, very low price.

                            What this bill says is that we will

                 put in place a procedure where, when this

                 event happens, that a publicly bid job has the

                 problem of hitting work that the courts have

                 said has to be privately done, that we will

                 put in place a mechanism whereby the company

                 will have to negotiate the job with the

                 contractor within 60 days and then, if they

                 cannot agree on a price, the utility company

                 can either perform that work themselves or

                 they would go to an arbitration or a binding

                 arbitration for the interference work.





                                                          5842



                            They're called -- the work is

                 called interference work if it's for the

                 utility company.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Dollinger, why do you rise?

                            SENATOR DOLLINGER:    Mr.

                 President, on the bill.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Dollinger, on the bill.

                            SENATOR DOLLINGER:    I accept

                 Senator Velella's explanation.

                            But I guess I'm astounded that at

                 this dawn of the time of deregulation of our

                 utilities, we're about to enact a measure

                 which is going to significantly drive up

                 utility construction costs for the exact kind

                 of interference work that Senator Velella

                 mentions.

                            Frankly, I guess I'm astounded that

                 here we are at 11:30 on the last night of

                 session, and the Energy Association of the

                 State of New York comes in and says,

                 Memorandum of opposition, it's going to drive

                 up costs if this bill passes, it's going to

                 drive up the cost of electrical rates because





                                                          5843



                 it's going to drive up their construction

                 costs for just this kind of interference work.

                            They're telling me that this is

                 something that will be devastating because it

                 will put contractors in a position where in

                 essence they can hold the utilities hostage

                 and significantly drive up the cost and

                 increase the cost of construction projects for

                 utilities.

                            I would just ask everybody in this

                 chamber, are these the same utilities that we

                 want to free from mandates?  Are we about to

                 put an unfunded mandate onto our utility

                 companies?  We're trying to get them in an era

                 of competition.  We've done a number of bills

                 during this session -- Senator Wright has

                 sponsored the deal with the implications of

                 going to a free market with respect to the

                 ownership of utilities and the real property

                 taxes that they pay.

                            And sure enough, here we are, the

                 Energy Association is telling us, don't do

                 this, it's going to drive up the cost of

                 energy.

                            Right back in my hometown,





                                                          5844



                 Rochester Gas & Electric, trying desperately

                 to get into the free market and be

                 competitive, reduce rates to utility

                 ratepayers.  And sure enough, what do they

                 say?  It's a bad idea.  It's going to drive up

                 rates.  Unfunded mandate for Rochester Gas &

                 Electric.

                            Lo and behold, I see a memorandum

                 on my desk that I've almost never seen before.

                 My gosh, it's the New York City Partnership,

                 all those good business groups.  You know,

                 that group that leads the New York City

                 Partnership of Business Alliance.  What do

                 they come to the table and say?  Bad idea.

                 Going to drive up utility rates.  May drive up

                 the cost of doing public work.  Drive up the

                 cost.

                            I thought we were trying to be a

                 low-cost state.  I've heard that mentioned so

                 many times during this session when we cut

                 business taxes, when we provided extra

                 incentives for businesses.  We created a

                 public market for utilities.  And lo and

                 behold, the New York City Partnership, the

                 premier business organization in the state,





                                                          5845



                 says, Bad idea, going to drive up utility

                 rates, going to drive up the cost to

                 government.

                            Then, lo and behold, I come to the

                 organization that has the most experience with

                 this kind of construction project:  The City

                 of New York, the very place where the

                 experiment that Senator Velella talked about.

                 What do they write?  They write a memo of

                 opposition that says this is bad for the

                 taxpayers in the city of New York and it's

                 going to be bad for taxpayers everywhere.

                            My only comment would be, what are

                 we really here to do?  I thought we were here

                 this session to reduce taxes, cut costs for

                 business and make us a more competitive state,

                 reduce the overall cost to our citizens, both

                 the ratepayers who pay their electrical bills

                 and the real property tax payers, who are

                 paying their bills for construction.

                            Sure enough, five highly respected

                 organizations come in at 11:30 at night and

                 say, It's a bad idea and it's going to

                 actually drive up costs.  Not only the

                 utilities will be held hostage by these





                                                          5846



                 companies, but it's going to drive up the cost

                 to local government.

                            I may be mistaken, but I would

                 suggest that this is an unfunded mandate.

                 This is a mandate to another level of

                 government.  You can't do it the way that

                 saves you money, and you can't do it the way

                 that saves payments on your utilities.  You

                 can't do it either way.

                            You know what?  It's going to cost

                 the utilities more, so it's going to drive up

                 rates, it's going to drive up property taxes.

                 I thought this session we've had a number of

                 debates about unfunded mandates.  We've gone

                 back and forth on this one a kazillion times.

                 And here we are, the last thing we're going to

                 do, the very last thing we're going to do is

                 drive up the cost to local government and

                 drive up to the cost to ratepayers, all in the

                 same fell swoop.

                            I know it's late.  The lights are

                 burning.  The rates will up in the city of

                 Albany.  The rates are going to go up

                 everywhere.  Our cost to public employers is

                 going up.  It's worth debating, Mr. President,





                                                          5847



                 even at this very late hour.

                            If there's a way to drive the cost

                 of utility rates down, we ought to do it.  If

                 there's a way to drive the cost to local

                 government down, we ought to do it.  And the

                 best way to do it right now, at 20 minutes to

                 12:00 on the last day, vote no on this bill.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect -

                            SENATOR SCHNEIDERMAN:    Mr.

                 President, will the sponsor yield to a

                 question?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Schneiderman, why do you rise?

                            SENATOR SCHNEIDERMAN:    Would the

                 sponsor yield to a question?

                            ACTING PRESIDENT LIBOUS:    Senator

                 Velella, would you yield to Senator

                 Schneiderman for a question?

                            SENATOR VELELLA:    Of course.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Mr. President.  I note

                 that in spite of all the purported benefits of





                                                          5848



                 this legislation, there's an opt-out provision

                 for all the cities in the state of New York

                 except for the City of New York.  If this is

                 something that other cities can opt out of,

                 why is the City of New York to be burdened

                 with all these additional costs?

                            SENATOR VELELLA:    Well, Senator,

                 I don't agree with your categorization of the

                 fact that this is a burden to the City of New

                 York, nor do I agree with Senator Dollinger's

                 characterization.

                            This is actually going to save the

                 taxpayers money, because jobs will not be

                 delayed, there will not be a whole battery of

                 change orders.

                            And obviously, Senator Dollinger,

                 you don't know how the construction industry

                 works.  Time is money to a construction job.

                 When you are delayed because Con Ed is holding

                 you by the throat and saying that they won't

                 allow you to do this work unless you do it for

                 a very low rate, it costs the contractor a

                 tremendous amount of money.  That reflects in

                 change orders.  That reflects in additional

                 costs to the municipality and to the people





                                                          5849



                 paying for that work, and brings the cost of

                 the contract up.

                            So, Senator, one way or the other,

                 the public will pay, because they will be

                 paying larger taxes to do the kind of work

                 that's needed in their municipality to repair

                 the roads, to do the work that public

                 contracts are bid for.

                            And this is a result of a Court of

                 Appeals decision.  This isn't because we

                 decided that we would like to do this.  We

                 have no choice, unless we want to just let the

                 streets of our cities rot away and not be able

                 to get the repair work done.  So we are

                 saddled with a tough decision.

                            We are choosing to help the

                 municipalities by not elevating the costs on

                 the burden of the taxpayers and letting the

                 utility companies do a fair procedure.  What

                 is the real cost?  They can either opt out by

                 doing the work themselves, or they can go to a

                 procedure where there's an arbitration and a

                 reasonable amount for the cost of the work is

                 arrived at.

                            There is no great big balloon here





                                                          5850



                 that's blowing up.  We are giving the

                 opportunity for other localities to opt out

                 because it may not be as severe a problem in

                 some of the different localities around this

                 state as it is in the City of New York.  And

                 in the City of New York, it is a major

                 problem.  Other communities may decide it is

                 not a major problem.

                            That is why.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Mr. President, if the

                 sponsor would continue to yield.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    So if I

                 understand correctly, then, the City of New

                 York, which has written a memorandum in

                 opposition -- based in large part on the fact

                 that it already has an arbitration process,

                 known as Section U, that would be gutted by

                 this legislation -- why don't we give the City

                 of New York the opportunity to opt out?  Why

                 don't we give the great Republican Mayor of

                 the City of New York the opportunity to make

                 the decision about what's best for the people





                                                          5851



                 of his city?

                            SENATOR VELELLA:    Senator, I just

                 hope that you will follow your principles and

                 support all the memos as loyally as you are

                 supporting this, including the ones that -

                 the city issues that you have voted against

                 almost -- I think probably more so than you

                 have voted for.

                            However, that section that you

                 cite, very simply -- and sometimes when we're

                 up here in Albany, we lose sight of this.  It

                 doesn't work.  The jobs are not getting done

                 in the city.  We have holes in the street that

                 are open forever.  We have those little steel

                 plates that everybody rides over and wrecks

                 their cars, because Con Ed, telephone

                 companies -- all of those five memos that

                 Senator Dollinger said are so important from

                 upstanding citizens, those are the utility

                 companies that are the upstanding citizens.

                 And if you believe their memos, Senator, I got

                 a bridge I want to sell you in Brooklyn.

                            (Laughter.)

                            SENATOR VELELLA:    But anyway,

                 they are not -- it is not working.  And that





                                                          5852



                 is what why we want to change it.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Okay,

                 thank you.  I believe that bridge -

                            ACTING PRESIDENT LIBOUS:    Senator

                 Connor, why do you rise?

                            SENATOR CONNOR:    That bridge is

                 in my district.  I don't think Senator Velella

                 should be selling it.

                            (Laughter.)

                            SENATOR VELELLA:    Point of order.

                            Mr. President, when we put the bill

                 in to do the transfer, we will yield to

                 Senator Connor to sponsor it.

                            ACTING PRESIDENT LIBOUS:    So

                 noted for the record.

                            Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  On the bill.

                            With all due respect to Senator

                 Velella, I don't agree that this is the reason

                 we have such a bad situation with regard to

                 the streets in the city of New York.  It is

                 beyond me to understand why putting the





                                                          5853



                 contractors in a situation to essentially

                 extort any price for their work is a benefit

                 to the city.  And I think it just -- the

                 gravity of the situation is demonstrated by

                 the fact they're letting everyone else opt

                 out.

                            I respectfully submit this is

                 another instance of discrimination against the

                 City of New York.  It's going to drive up

                 costs.  It is something else that if it's good

                 for New York City, it should be good for the

                 rest of the state.  It's not.  And I think

                 that we're ending this session again having

                 not done right by the city on schools, on our

                 transit system, and on a variety of other

                 issues.

                            And I think this is one other

                 example, and I urge everyone to vote no.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first day of

                 September.

                            ACTING PRESIDENT LIBOUS:    Call

                 the roll.





                                                          5854



                            (The Secretary called the roll.)

                            ACTING PRESIDENT LIBOUS:    Senator

                 Dollinger, to explain his vote.

                            SENATOR DOLLINGER:    Just briefly,

                 Mr. President.

                            I appreciate the vantage point that

                 Senator Velella has on the City of New York

                 from his perch in the Bronx.  I would suggest

                 that the Mayor of the City of New York has a

                 better understanding of what's going on in the

                 entire city, and that when he says this is a

                 bad idea, we ought to follow his advice.

                            And I would just suggest that here

                 it is, it's wonderful at the tail end of this

                 session we're taking the concept of home rule

                 and we're flipping it on its ear.  It's now,

                 we say, We rule your home.  I don't quite

                 understand it.

                            I vote no.

                            ACTING PRESIDENT LIBOUS:

                 Results.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1633 are

                 Senators Breslin, Connor, Coppola, Dollinger,

                 Duane, Gentile, Hevesi, Montgomery, Onorato,





                                                          5855



                 Oppenheimer, Paterson, Sampson, Schneiderman,

                 A. Smith, M. Smith, Stachowski, Stavisky, and

                 Wright.  Ayes, 43.  Nays, 18.

                            ACTING PRESIDENT LIBOUS:    The

                 bill is passed.

                            The Secretary will read 1459.

                            THE SECRETARY:    Calendar Number

                 1459, by Senator Velella, Senate Print 8075,

                 an act to amend the Tax Law and the

                 Administrative Code of the City of New York,

                 in relate to exempting.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect in 60 days.

                            SENATOR CONNOR:    Explanation.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Connor is asking for an explanation, Senator

                 Velella.

                            SENATOR VELELLA:    This is a

                 correction to the bill which was passed a

                 while back where the city put on a parking

                 tax.  And this bill would apply the same

                 exemptions to co-ops that apply to other

                 properties if they hire out and have a manager





                                                          5856



                 that manages their parking lot.

                            I believe some of the Senators on

                 that side of the aisle, it will help their

                 districts considerably.

                            SENATOR DOLLINGER:    Explanation

                 satisfactory.

                            ACTING PRESIDENT LIBOUS:    Read

                 the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect in 60 days.

                            ACTING PRESIDENT LIBOUS:    The

                 Secretary will call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 61.

                            ACTING PRESIDENT LIBOUS:    And the

                 bill is passed.

                            Senator Seward.

                            SENATOR SEWARD:    Mr. President,

                 if I could ask unanimous consent, I would like

                 to be recorded in the negative on Calendar

                 Number 1566.

                            ACTING PRESIDENT LIBOUS:    Without

                 objection.

                            SENATOR SEWARD:    Thank you.

                            ACTING PRESIDENT LIBOUS:    Senator





                                                          5857



                 Connor.

                            SENATOR CONNOR:    Thank you, Mr.

                 President.

                            Well, it does appear that the

                 hustle and bustle of the regular session is

                 coming to a close.  We're just ready to step

                 over the finish line, but I don't think we can

                 put that other foot down over the line quite

                 yet.

                            So we've certainly accomplished

                 much this session; many, many important pieces

                 of legislation.  And as I said earlier in the

                 session, the greatest compliment is imitation,

                 I guess, the greatest form of flattery.  And

                 we in the Minority are indeed flattered by the

                 fact that so many of our ideas -- in fact,

                 we're gratified by the fact that so many of

                 the ideas we advanced earlier in this session

                 have actually come to fruition in the form of

                 legislation passed by this house.

                            I suppose before we put that other

                 foot down, we'll see each other quite soon to

                 complete the business of the Legislature.  So

                 I will -- while we bid adieu to the hustle and

                 bustle of, I suspect, members' bills and





                                                          5858



                 one-house bills and bills with the hope and

                 the wish that they'll go somewhere in the

                 other house, we do have more work to do, as

                 I'm sure Senator Bruno will point out.

                            And therefore, I would close my

                 real closing remarks -- or hold my real

                 closing remarks until that time and not wish

                 all of you a great summer quite yet.

                            Thank you.

                            ACTING PRESIDENT LIBOUS:    Senator

                 Bruno.

                            SENATOR BRUNO:    Thank you, Mr.

                 President.

                            We adopted a calendar, I believe

                 late December, all of us together, and that

                 calendar suggested that we would close

                 officially the legislative session on

                 June 14th.  It is June 14th, and it will cease

                 to be in nine minutes, I believe, by our

                 clock.  So I'm very pleased that we can do

                 that.

                            And as my colleague here Senator

                 Connor indicates, we will be back, because

                 there are some things that we just don't have

                 time to finish.  And we -- our expectation is





                                                          5859



                 that we will come back probably next Thursday,

                 a week from tomorrow, at some time, finish

                 what we have to finish hopefully in a short

                 period of time, and then we can close the

                 session as we might want to appropriately.

                            And with that thought in mind, Mr.

                 President, I would ask that we recommit all of

                 the outstanding bills to the Rules Committee.

                 Because when we get back together, we are

                 going to have some very specific items to

                 discuss.  We will not have an open agenda,

                 because our calendars are closed.

                            And we will do the kinds of things

                 that might be important for us to do that we

                 have agreement on or that be important that we

                 deal with before we leave for the summer.

                            So there being no further business

                 to come before the Senate at this time, I

                 would move that we stand adjourned, subject to

                 the call of the Majority Leader, and

                 intervening days to be legislative days.

                            Thank you, and have a good weekend.

                            ACTING PRESIDENT LIBOUS:    The

                 Senate stands adjourned, at the call of the

                 Majority Leader.





                                                          5860



                            (Whereupon, at 11:53 p.m., the

                 Senate adjourned.)