Regular Session - May 23, 2001

                                                              8104



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               May 23, 2001

                                11:11 a.m.





                              REGULAR SESSION







                 SENATOR RAYMOND A. MEIER, Acting President

                 STEVEN M. BOGGESS, Secretary

















                                                          8105



                           P R O C E E D I N G S

                            ACTING PRESIDENT MEIER:    The

                 Senate will come to order.

                            I ask everyone present to please

                 rise and repeat with me the Pledge of

                 Allegiance to the Flag.

                            (Whereupon, the assemblage recited

                 the Pledge of Allegiance to the Flag.)

                            ACTING PRESIDENT MEIER:    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 MEIER:    Reading

                 of the Journal.

                            THE SECRETARY:    In Senate,

                 Tuesday, May 22, the Senate met pursuant to

                 adjournment.  The Journal of Monday, May 21,

                 was read and approved.  On motion, Senate

                 adjourned.

                            ACTING PRESIDENT MEIER:    Without

                 objection, the Journal stands approved as

                 read.

                            Presentation of petitions.

                            Messages from the Assembly.





                                                          8106



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Nozzolio.

                            SENATOR NOZZOLIO:    Madam -- Mr.

                 President, on page Number 39 I offer the

                 following amendments to Calendar Number 667,

                 Senate Print 697, and ask that it be placed on

                 Third Reading Calendar, on behalf of Senator

                 Goodman.

                            ACTING PRESIDENT MEIER:    So

                 ordered.

                            SENATOR NOZZOLIO:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Thanks

                 for noticing.

                            SENATOR NOZZOLIO:    On page 34, I

                 offer the following amendments to Calendar

                 Number 610, Senate Print Number 82, and ask

                 that it retain its place on Third Reading

                 Calendar, on behalf of Senator Hoffmann.

                            ACTING PRESIDENT MEIER:    The





                                                          8107



                 amendments are received and adopted, and the

                 bill will retain its place on the Third

                 Reading Calendar.

                            Senator McGee.

                            SENATOR McGEE:    On behalf of

                 Senator Goodman, on page number 30, I offer

                 the following amendments to Calendar Number

                 562, Senate Print Number 3915, and ask that

                 said bill retain its place on Third Reading

                 Calendar.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted, and the

                 bill will retain its place on the Third

                 Reading Calendar.

                            SENATOR McGEE:    On behalf of

                 Senator Seward, please place a sponsor's star

                 on Calendar Number 312.

                            ACTING PRESIDENT MEIER:    A

                 sponsor's star will be placed on Calendar 312.

                            SENATOR McGEE:    Thank you, Mr.

                 President.

                            ACTING PRESIDENT MEIER:    Thank

                 you, Senator McGee.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,





                                                          8108



                 there's a privileged resolution at the desk by

                 Senator Dollinger.  May we have the title read

                 and move for its immediate adoption.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the title.

                            THE SECRETARY:    By Senator

                 Dollinger, Legislative Resolution Number 1930,

                 honoring Herbert F. Ross upon the occasion of

                 his induction as President of the New York

                 State Association of Insurance and Financial

                 Advisors on May 24, 2001.

                            ACTING PRESIDENT MEIER:    The

                 question is on the resolution.  All those in

                 favor signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 resolution is adopted.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 if we could go to the noncontroversial

                 calendar.

                            ACTING PRESIDENT MEIER:    The





                                                          8109



                 Secretary will read the noncontroversial

                 calendar.

                            THE SECRETARY:    Calendar Number

                 79, by Senator Goodman, Senate Print 721, an

                 act to amend the Tax Law.

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 204, by Senator Spano, Senate Print 910, an

                 act to amend the Military Law and Chapter 606

                 of the Laws of 2000.

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 210, by Senator LaValle, Senate Print 1103A,

                 an act to amend the Education Law.

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number





                                                          8110



                 215, by Senator Skelos, Senate Print 425, an

                 act to amend the Agriculture and Markets Law.

                            SENATOR PATERSON:    Lay that

                 aside, please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 285, by Senator LaValle, Senate Print 1875, an

                 act to amend the Vehicle and Traffic Law.

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 369, by Senator Morahan, Senate Print 2175, an

                 act to amend the Real Property Tax 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.)

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the





                                                          8111



                 bill aside.

                            THE SECRETARY:    Calendar Number

                 436, by Senator Leibell, Senate Print 3297A,

                 an act to amend the General Municipal Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect July 1.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 466, by Senator Lack, Senate Print -

                            SENATOR SKELOS:    Lay it aside for

                 the day, please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 518, by Senator LaValle, Senate Print 3269, an

                 act to amend the Highway Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.





                                                          8112



                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 538, by Senator Marchi, Senate Print 4004, an

                 act to amend the Public Authorities Law.

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 552, by Senator Wright, Senate Print 1088, an

                 act to amend the Tax 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.)





                                                          8113



                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 586, by Senator Hoffmann, Senate Print 4886,

                 an act to amend the Agriculture and Markets

                 Law.

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 663, by Senator Meier, Senate Print 1312, an

                 act to amend the Town Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect January 1, 2002.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number





                                                          8114



                 793, by Member of the Assembly Gottfried,

                 Assembly Print Number -

                            SENATOR PATERSON:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 822, by Senator Maziarz, Senate Print 4057, an

                 act to amend the Not-for-Profit Corporation

                 Law.

                            SENATOR PATERSON:    Lay it aside,

                 please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside.

                            THE SECRETARY:    Calendar Number

                 823, by Senator Marchi, Senate Print 4067, an

                 act to amend the Public Authorities Law and

                 the Environmental Conservation Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.





                                                          8115



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 829, by Senator Bonacic, Senate Print 5119, an

                 act to amend Chapter 915 of the Laws of 1982.

                            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, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 831, by Senator Skelos, Senate Print 388, an

                 act to amend the Penal Law.

                            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.





                                                          8116



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 855, by Senator Lachman, Senate Print 3074, an

                 act to amend the Public Authorities Law.

                            SENATOR SKELOS:    Lay it aside.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            SENATOR SKELOS:    Lay it aside.

                            ACTING PRESIDENT MEIER:    I'm

                 sorry, lay the bill aside.

                            THE SECRETARY:    Calendar Number

                 863, by Senator Leibell, Senate Print 5082, an

                 act to amend the Highway Law.

                            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, 44.

                            ACTING PRESIDENT MEIER:    The bill





                                                          8117



                 is passed.

                            THE SECRETARY:    Calendar Number

                 864, by Senator Leibell, Senate Print 5083, an

                 act to amend the Highway Law.

                            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, 44.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Skelos, that completes the

                 reading of the noncontroversial calendar.

                            SENATOR SKELOS:    Mr. President,

                 there will be an immediate meeting of the

                 Finance Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT MEIER:

                 Immediate meeting of the Finance Committee in

                 the Majority Conference Room.

                            SENATOR SKELOS:    Mr. President,

                 if we could go to the controversial calendar,





                                                          8118



                 please.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read the controversial

                 calendar.

                            THE SECRETARY:    Calendar Number

                 79, by Senator Goodman, Senate Print 721, an

                 act to amend the Tax Law, in relation to

                 requiring.

                            SENATOR PATERSON:    Explanation.

                            SENATOR SKELOS:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.

                            THE SECRETARY:    Calendar Number

                 204, by Senator Spano, Senate Print 910, an

                 act to amend the Military Law and Chapter 606

                 of the Laws of 2000.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano, an explanation has been requested of

                 Calendar 204.

                            SENATOR SPANO:    Yes, Mr.

                 President.

                            Last year we passed a bill that





                                                          8119



                 would give employees who serve in a foreign

                 country on behalf of the United States

                 military to benefit from the same civil

                 service protection and pension credit

                 protection as any other public employees who

                 are serving in the military.

                            This is a chapter amendment to that

                 Chapter 606 of the Laws of 2000 that would

                 explicitly require police officers to seek

                 permission from their employers, which is the

                 currently the standard practice anyway, but

                 for administrative purposes puts this language

                 into the statute.

                            SENATOR SCHNEIDERMAN:    Good

                 explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Mr. President,

                 if Senator Spano would yield for a question.

                            ACTING PRESIDENT MEIER:    Senator

                 Spano, do you yield for a question?

                            SENATOR SPANO:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR PATERSON:    Is there a





                                                          8120



                 particular public policy that we are trying to

                 enforce by requiring this of police?  In other

                 words, a particular need that is served by

                 doing that as opposed to any other line of

                 duty, any other profession?

                            SENATOR SPANO:    No, what we're

                 attempting to do here is for those police

                 officers who have served -- and if you

                 remember, Senator, last year we had

                 representatives of those police officers who

                 did serve in foreign countries who were here

                 and who had not received that credit.

                            What this does is for

                 administrative purposes only.  We're not

                 changing anything, any procedure.  Because

                 right now the standard procedure in the law is

                 for the police officer to request permission

                 anyway.

                            But what the City of New York asked

                 for, and in the discussions between the

                 Assembly, the Senate, and the Governor's

                 office prior to the Governor signing this

                 statute, was that we agreed to do a chapter

                 amendment to put explicit language in there

                 requiring the police officers to seek





                                                          8121



                 permission.

                            So we're basically codifying in

                 statute what is the standard practice now.

                            SENATOR PATERSON:    Mr. President,

                 I get it.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on this bill?

                            Hearing none, debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 210, by Senator LaValle, Senate Print 1103A,

                 an act to amend the Education Law, in relation

                 to establishing.

                            SENATOR SKELOS:    Lay it aside for

                 the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.





                                                          8122



                            THE SECRETARY:    Calendar Number

                 215, by Senator Skelos, Senate Print 425, an

                 act to amend the Agriculture and Markets Law,

                 in relation to detection dogs.

                            SENATOR PATERSON:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos, an explanation has been requested of

                 Calendar 215 by Senator Paterson.

                            SENATOR SKELOS:    Thank you.

                            Mr. President, this legislation

                 would define detection dogs and grant them the

                 same privileges under state law that is

                 afforded to other classes of working dogs,

                 such as Seeing Eye dogs.

                            Detection dogs are trained for the

                 purpose of detecting controlled substances,

                 explosives, firearms, cadavers, or school or

                 correctional facility contraband that are

                 often not visible by the human eye.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Mr. President,

                 if Senator Skelos would yield for a question.

                            SENATOR SKELOS:    Yes, Mr.

                 President, I do.





                                                          8123



                            ACTING PRESIDENT MEIER:    The

                 Senator yields.

                            SENATOR PATERSON:    What's the

                 difference between the working dogs that you

                 described and the police dogs?  Is there a

                 delineation between the two in the law?

                            SENATOR SKELOS:    Detection dogs,

                 Mr. President, if I could answer, are used

                 specifically for the purposes that I

                 enumerated.

                            SENATOR PATERSON:    I think what

                 we're really getting at, Senator -- Mr.

                 President, if the Senator would indulge

                 another question.

                            SENATOR SKELOS:    Yes, Mr.

                 President, I do indulge him.

                            ACTING PRESIDENT MEIER:    The

                 Senator yields.

                            SENATOR PATERSON:    I'm just

                 trying to find out why the current law itself

                 doesn't cover these animals, since they are in

                 a sense employed or they are used by law

                 enforcement, so why they don't qualify.

                            I don't have any real problem with

                 the bill, I was just wondering why this





                                                          8124



                 doesn't already apply to the detection dogs.

                            SENATOR SKELOS:    Mr. President,

                 if I could respond, these dogs could also be

                 used by private agencies, not just by police

                 agencies.

                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you.

                 Through you, Mr. President, if the sponsor

                 would yield for a few questions.

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos, do you yield for a question?

                            SENATOR SKELOS:    Yes, I do.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SCHNEIDERMAN:    My

                 question relates to the provision that makes

                 it unlawful for any person operating a place

                 of public accommodation to refuse access to

                 someone accompanied by a detection dog.  What

                 kind of facilities does that cover?

                            SENATOR SKELOS:    That could be a

                 restaurant.  Basically, a restaurant.  Like

                 Seeing Eye dogs, you're allowed to bring that

                 in with you to a restaurant.





                                                          8125



                            SENATOR SCHNEIDERMAN:    Through

                 you, Mr. President, I understand the provision

                 with respect to Seeing Eye dogs.

                            But what is the basis for requiring

                 people to provide admission to a detection

                 dog?  You know, unless there's some reason for

                 an officer conducting a search or something

                 like that.

                            Does this require that if an

                 officer has got his detection dog, or a

                 private security guard, coming off duty from

                 sniffing around, comes into a restaurant, the

                 restaurant owner can't bar him entry?

                            SENATOR SKELOS:    Mr. President,

                 if I could respond, many times these dogs

                 travel a great distance with their handler, so

                 that they cannot just be left in a car.  I'm

                 sure you would not want them left in a car

                 during the summer.

                            So because they serve a very

                 special purpose, I think it's appropriate for

                 them to be able to be in the same category as

                 a Seeing Eye dog.

                            SENATOR SCHNEIDERMAN:    And

                 through you, Mr. President, a final question.





                                                          8126



                            Would -- I'm assuming detection

                 dogs don't start and stop their detection on

                 command and that they probably sniff around

                 for explosive devices or whatever they're

                 trained to sniff for wherever they are.

                            Are there issues raised with

                 respect to requiring the admission of a

                 detection dog, the fact that it could

                 constitute in some respects an unauthorized

                 search?  Has that -- through you, Mr.

                 President, again, I'm sorry.

                            ACTING PRESIDENT MEIER:    Senator

                 Skelos, do you continue to yield?

                            SENATOR SKELOS:    Yes, I do.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR SCHNEIDERMAN:    Has anyone

                 looked at that issue as far as unauthorized

                 entry without a warrant and issues that might

                 be raised by that?

                            SENATOR SKELOS:    In my opinion,

                 it doesn't raise that problem.

                            SENATOR SCHNEIDERMAN:    Thank you.

                            Through you, Mr. President, on the

                 bill.





                                                          8127



                            ACTING PRESIDENT MEIER:    Senator

                 Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    I

                 understand the basis for this.

                            I do have a concern about this

                 issue of requiring operators of public

                 accommodations to admit detection dogs.  I

                 think we're, you know, on a slippery slope of

                 expanding the categories of dogs that you have

                 to have in a restaurant.  And I'm not sure

                 that this at this point creates any public

                 health concerns or any concerns related to the

                 unauthorized search of a premises, but that is

                 an issue that I think we should keep our eyes

                 on.

                            I will vote to support this bill

                 with that caveat.  Thank you.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the bill?

                            Hearing none, debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.





                                                          8128



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 49.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 285, by Senator LaValle, Senate Print 1875, an

                 act to amend the Vehicle and Traffic Law, in

                 relation -

                            SENATOR SKELOS:    Lay it aside for

                 the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            THE SECRETARY:    Calendar Number

                 369, by Senator Morahan, Senate Print 2175, an

                 act to amend the Real Property Tax Law, in

                 relation to authorizing.

                            SENATOR MORAHAN:    Lay that aside

                 for the day, please.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day at the request of the

                 sponsor.

                            THE SECRETARY:    Calendar Number

                 538, by Senator Marchi, Senate Print 4004, an

                 act to amend the Public Authorities Law, in

                 relation to increasing.





                                                          8129



                            SENATOR PATERSON:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Marchi, an explanation has been requested of

                 Calendar 538 by Senator Paterson.

                            SENATOR MARCHI:    This bill -- the

                 existing law authorizes the public authorities

                 to engage in competitive selection of vendors

                 when purchasing five or more thousand dollars.

                 This would raise it to $15,000.  It's at the

                 request of the New York State Thruway

                 Authority.

                            And it doesn't -- if you want

                 competitive bidding at $5,000, then obviously

                 you won't vote for this.  But we're talking

                 about de minimis and the wasteful investment

                 of energies and resources by not keeping in

                 tune with the market and other considerations

                 that go -- that warrant the invocation of

                 competitive bidding, which is more

                 time-consuming.

                            And the candle isn't worth the game

                 if you go much below the -- below what the

                 prevailing behavior of the market is.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.





                                                          8130



                            SENATOR PATERSON:    Mr. President,

                 if Senator Marchi would yield for a question.

                            ACTING PRESIDENT MEIER:    Senator

                 Marchi, do you yield for a question?

                            SENATOR MARCHI:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 sponsor yields.

                            SENATOR PATERSON:    De minimis

                 remanus [ph] lex, Senator.

                            SENATOR MARCHI:    Pardon?

                            SENATOR PATERSON:    I was just

                 thinking that even in spite of the fact that

                 it's not a substantial figure, that is there a

                 concern that a public authority, because it's

                 in many ways shielded from public

                 accountability and is in a sense operating on

                 its own, that we would just want to keep that

                 number at the lowest possible amount to just

                 ensure the integrity of the process.

                            Is this -- if you had a feeling on

                 that, I'd just like to hear it.

                            SENATOR MARCHI:    Well, that's a

                 worthwhile consideration, Mr. President.

                            ACTING PRESIDENT MEIER:    Excuse

                 me, Senator Marchi, one moment.





                                                          8131



                            Senator Skelos.

                            SENATOR SKELOS:    Excuse me,

                 Senator Marchi.

                            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.

                            Excuses the interruption.  Senator

                 March, the floor is yours, sir.

                            SENATOR MARCHI:    It's a

                 worthwhile consideration, and I appreciate the

                 nuance that the Senator places on it.

                            But there is, in the invocation of

                 a competitive bidding process -- the

                 invocation of a competitive bidding process is

                 not very practical.

                            Now, would that be my figure?  No.

                 This is what I received from the Department of

                 the State Thruway Authority.  And in their

                 judgment, this would be a reasonable figure.

                 I'm not offended by that figure.

                            But the requirement that we have -

                 that we require every purchase, a pencil or an





                                                          8132



                 eraser or a piece of chalk, to competitive

                 bidding obviously falls.

                            So that it's reductio ad absurdum.

                 At what figure do you entertain some

                 elasticity?  Since the Thruway Authority is

                 subject to review, and we go into their

                 budgets, I think that this -- it does not, on

                 its face, to me appear offensive.  That's my

                 explanation.

                            Is that my figure?  No, I really

                 don't know.  But they say that $15,000 would

                 be a reasonable adjustment upward.  And in

                 view of the behavior of the market, I feel

                 that this is not an unwarranted assumption.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Yeah, I'm

                 satisfied, Mr. President.  I just am hoping

                 that that figure does not provide for what

                 would be unintentional in its request but

                 perhaps some abuse in the practice.

                            But based on how long we've had the

                 previous figure, $5,000, I'd say Senator

                 Marchi, as usual, is correct.

                            ACTING PRESIDENT MEIER:    Any





                                                          8133



                 other Senator wish to be heard on the bill?

                            Hearing none, debate is closed.

                            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, 52.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 586, by Senator Hoffmann, Senate Print 4886,

                 an act to amend the Agriculture and Markets

                 Law and the Education Law, in relation to

                 purchases.

                            SENATOR PATERSON:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Hoffmann, an explanation has been requested of

                 Calendar 586 by Senator Paterson.

                            SENATOR HOFFMANN:    Thank you,

                 Senator.

                            Senator Paterson, I'm happy to tell

                 you that this measure would allow New York

                 farm products to reach the schools in New York





                                                          8134



                 State in a much higher percentage than

                 presently is the case, providing an enormous

                 advantage both to the farmers who would like

                 to market their locally produced and grown

                 products as well as a higher nutritional

                 advantage to the students who presently have

                 school lunches.

                            Right now, the New York State

                 school meal program serves 1.5 million meals a

                 day, with a value over $500 million per school

                 year.  This is a huge potential market for

                 New York farm products.  But in point of fact,

                 right now much of that, most that goes to

                 out-of-state and frequently out-of-country

                 food products.

                            So we're very excited about the

                 possibility of capturing more of this market

                 at the same time that we improve the

                 nutritional benefit to the students of

                 New York State schools.

                            This measure is carried by

                 Assemblyman Ortiz in the Assembly.

                            ACTING PRESIDENT MEIER:    Senator

                 Paterson.

                            SENATOR PATERSON:    Mr. President,





                                                          8135



                 if Senator Hoffmann would yield for a

                 question.

                            SENATOR HOFFMANN:    I'd be pleased

                 to yield for a question.

                            ACTING PRESIDENT MEIER:    The

                 Senator yields.

                            SENATOR PATERSON:    I was just

                 wondering, how do we always determine -- for

                 instance, some of the schools might buy frozen

                 products.  And I think the real genesis of my

                 question is, are we requiring the schools to

                 purchase products that are grown in New York

                 State?  And not that I necessarily would even

                 be opposed to that.  It would be fine with me.

                            But if we are requiring, as opposed

                 to, I guess, insisting, then how does the

                 school become aware if the product is not

                 grown in New York State?

                            In other words, perhaps you might

                 just want to explain to me, is that a

                 complicated process or is that something

                 that's pretty reasonable for the school to be

                 able to determine?

                            SENATOR HOFFMANN:    This actually

                 should be a fairly reasonable process.  This





                                                          8136



                 better is explained in terms of marketing.  It

                 represents a marketing opportunity for the

                 farmers and a consuming opportunity for the

                 schools that have not been correctly

                 identified.

                            The bill contains language which

                 directs the Department of Education and the

                 Department of Ag and Markets to coordinate

                 both these two aspects.  With a survey of the

                 school lunch program needs, and a better

                 understanding of that opportunity, the farmers

                 of this state, with the assistance of Cornell

                 University and the Department of Ag and

                 Markets, can then better market to the

                 existing school lunch program.

                            There would be no requirement, per

                 se, to have a quota of New York State products

                 purchased.  But the goal is such a laudable

                 one that both parties are very enthusiastic

                 about complying.

                            SENATOR PATERSON:    And I'll

                 comply as well.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the bill?

                            Debate is closed.





                                                          8137



                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 793, by Member of the Assembly Gottfried,

                 Assembly Print Number 7494A, an act to amend

                 Chapter 725 of the Laws of 19 -

                            SENATOR LARKIN:    Lay it aside

                 temporarily.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside temporarily.

                            THE SECRETARY:    Calendar Number

                 822, by Senator Maziarz, Senate Print 4057, an

                 act to amend the Not-for-Profit Corporation

                 Law.

                            SENATOR LARKIN:    Lay it aside for

                 the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.





                                                          8138



                            THE SECRETARY:    Calendar Number

                 855, by Senator Lachman, Senate Print 3074, an

                 act to amend the Public Authorities 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.)

                            THE SECRETARY:    Ayes, 54.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Larkin.

                            SENATOR LARKIN:    Mr. President,

                 we await the Finance Committee results.

                            How about the report of the Rules

                 Committee?

                            ACTING PRESIDENT MEIER:    The

                 report of the Rules Committee has just

                 arrived, Senator.

                            SENATOR LARKIN:    Please read the

                 report of the Rules Committee.

                            ACTING PRESIDENT MEIER:    We'll

                 return to the order of standing committees.





                                                          8139



                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 1092, by Senator

                 Volker, an act to amend the Local Finance Law.

                            1720, by Senator Sampson, an act

                 authorizing the City of New York.

                            1963, by Senator Kuhl, an act to

                 amend the Alcoholic Beverage Control Law.

                            2228, by Senator Volker, an act to

                 authorize the reopening.

                            3204, by Senator Saland, an act to

                 amend Chapter 797 of the Laws of 1871.

                            3299, by Senator Saland, an act to

                 establish.

                            3356A, by Senator Skelos, an act to

                 amend the Bay Park Library Services Act.

                            4236, by Senator Stafford, an act

                 to amend Chapter 688 of the Laws of 1955.

                            4268, by Senator Kuhl, an act

                 authorizing the City of Canandaigua.

                            5212, by Senator Bruno, an act to

                 authorize the Office of General Services.

                            5269, by Senator Marcellino, an act





                                                          8140



                 to amend the Environmental Conservation Law.

                            All bills ordered direct to third

                 reading.

                            SENATOR SKELOS:    Move to accept

                 the report of the Rules Committee.

                            ACTING PRESIDENT MEIER:    All

                 those in favor of accepting the report of the

                 Rules Committee signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MEIER:    Opposed,

                 nay.

                            (No response.)

                            ACTING PRESIDENT MEIER:    The

                 report is accepted.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President, I

                 believe there's a report of the Finance

                 Committee at the desk.  I ask that it be read

                 at this time.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read.

                            THE SECRETARY:    Senator Stafford,

                 from the Committee on Finance, reports the

                 following bill direct to third reading:

                            Senate Print 5361, by the Senate





                                                          8141



                 Committee on Rules, an act to amend Chapter 20

                 of the Laws of 2001.

                            ACTING PRESIDENT MEIER:    Without

                 objection, directly to third reading.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 would you please take up Calendar 958 at this

                 time.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 958.

                            THE SECRETARY:    Calendar Number

                 958, by the Senate Committee on Rules, Senate

                 Print 5361, an act to amend Chapter 20 of the

                 Laws of 2001.

                            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.

                            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.





                                                          8142



                            (Response of "Nay.")

                            ACTING PRESIDENT MEIER:    The

                 message is accepted.  The bill is before the

                 house.

                            SENATOR DOLLINGER:    Explanation,

                 please.

                            ACTING PRESIDENT MEIER:    Senator

                 Stafford, an explanation has been requested by

                 Senator Dollinger.

                            SENATOR STAFFORD:    I thought it

                 was Senator Paterson.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger is louder.  He's the one I heard.

                            (Laughter.)

                            SENATOR STAFFORD:    Thank you, Mr.

                 President.

                            This bill is easy to explain.  It

                 is -- I won't say it's innocuous, but I will

                 say, rather, that it's very important.  It

                 provides statutory extension to June 17th of

                 the Armory Rental deposit authorization, the

                 Lower Manhattan Commercial Revitalization

                 Program, and the authority of judges to

                 suspend the requirement for jury sequestration

                 in certain cases.





                                                          8143



                            I think that really, really -- as I

                 often say, that's a broad stroke with a

                 conceptual brush.  I think that explains the

                 bill.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Just on the

                 bill, briefly.

                            Anyone who has read Williston can

                 continue to draw that broad stroke with a

                 conceptual brush, Senator Stafford.  And I

                 actually welcome it, as I'm sure Senator

                 Marchi does.  So Williston lives.

                            Mr. President, I'm going to vote

                 against this bill.  I've continued to vote

                 against the extenders.  I think this is

                 astounding that we can get agreement.  And I

                 know that there was an earlier conference

                 committee held, or at least attempted to be

                 convened by the Majority Leader here in the

                 Senate to get this process going.  I know that

                 that is a continuation, and I can understand

                 the Majority Leader's continuing desire to see

                 if we can bring this budget together.

                            But I stand by my statement earlier





                                                          8144



                 this year, earlier this week -- it seems like

                 a year -- earlier this week when the question

                 is, when you get a marriage invitation, the

                 mere fact that you have an earnest bride or an

                 earnest groom, you need both parties to have

                 this marriage ceremony occur.

                            And once an invitation comes that

                 is for a marriage between two willing parties

                 to get together and do a budget, I'll be at

                 the conference committee, as I think all

                 Democrats will.

                            I think it's discouraging to the

                 people in this state that we have this

                 continuing need for extensions but we can't

                 seem to get the budget done itself.

                            And just a final word.  I know -- I

                 gather that my bill on joint conference

                 committees was made something of a focal point

                 of the discussion this morning with Senator

                 Bruno.  I am perfectly willing to let Senator

                 Bruno be the chief sponsor of the joint

                 conference committee bill, which I and I

                 believe 14 or 15 of my colleagues here in the

                 Senate support.

                            Senator Bruno wants to turn it into





                                                          8145



                 law so that we have an actual law that

                 requires joint conference committees and sets

                 up a process, as that bill does, for how to

                 convene a joint conference committee in

                 exactly the circumstances under which we are

                 today; that is, when bills pass both houses

                 but yet the houses are unwilling to convene

                 the committee themselves.

                            There's a way to break the logjam,

                 there's a way to do it.  That bill does it.  I

                 understand Senator Bruno put the bill up on

                 the screen at his discussion this morning.  I

                 welcome Senator Bruno's embracing of

                 Assemblywoman Galef's bill and my bill, and we

                 look forward to the day when that becomes law.

                 And then we won't have the logjam, the very

                 logjam that now exists.

                            So my hope is that Senator Bruno

                 will send me a buck slip on the bill, and I'll

                 be glad to approve it, Mr. President.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the bill?

                            Senator Stachowski.

                            SENATOR STACHOWSKI:    Yes, very

                 briefly on this bill.





                                                          8146



                            A lot of these things we had

                 extended before.  I think that they have a

                 major importance of being extended again.

                 They have an interest -- different parts of

                 this particular bill, although it's small in

                 nature, has impact on a lot of the members

                 that are on both sides of the aisle.  And for

                 that reason, I think we should vote for it,

                 and I plan on voting yes.

                            Thank you.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the bill?

                            Hearing none, debate is closed.

                            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:    Those recorded in

                 the negative on Calendar Number 958 are

                 Senators Dollinger, Schneiderman, and A.

                 Smith.  Ayes, 52.  Nays, 3.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.





                                                          8147



                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 would you please call up Calendar Number 79,

                 by Senator Goodman.

                            ACTING PRESIDENT MEIER:    The

                 Secretary will read Calendar 79.

                            THE SECRETARY:    Calendar Number

                 79, by Senator Goodman, Senate Print 721, an

                 act to amend the Tax Law, in relation to

                 requiring.

                            SENATOR PATERSON:    Explanation.

                            ACTING PRESIDENT MEIER:    Senator

                 Goodman, an explanation has been requested of

                 Calendar 79 by Senator Paterson.

                            SENATOR GOODMAN:    Mr. President,

                 this bill would require the Commissioner of

                 Taxation and Finance to report to the Governor

                 and the Legislature in one year with

                 recommendations concerning a method of

                 simplifying the income tax by allowing a

                 taxpayer to compute income tax liability as a

                 percentage of federal income tax liability,

                 with the aim of allowing taxpayers to file

                 income tax returns on a form as small as a

                 postcard.





                                                          8148



                            At the present moment, as you are

                 perhaps aware, Mr. President, since we've just

                 been through tax payment time, there are

                 serious difficulties in the preparation of tax

                 returns by our state's taxpayers.

                 Specifically, we have a situation in which

                 we've got a 16 -- we've got a long form for

                 non-itemizers of 43 lines, an instruction book

                 that accompanies it of 52 pages in length, and

                 a worksheet of 80 pages.

                            Obviously, a shorter form using a

                 more efficient means of computing the tax is

                 highly desirable, and that's the purpose of

                 this legislation, to mandate that the Tax

                 Department study this carefully and come back

                 within one year with an improved form.

                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger.

                            SENATOR DOLLINGER:    Through you,

                 Mr. President, if Senator Goodman would just

                 yield for one question.

                            SENATOR GOODMAN:    Yes, I will,

                 Senator.

                            ACTING PRESIDENT MEIER:    Senator

                 Goodman, do you yield for one question?





                                                          8149



                            He yields.

                            SENATOR DOLLINGER:    Senator, the

                 concept of tax simplification seems to always

                 clash with the concept of tax relief, in the

                 sense, as you know, Senator Goodman -- I think

                 you've been an advocate and certainly a vote

                 in favor of child care deductions, earned

                 income tax credits, college tuition savings

                 plans, medical savings plans, all of those

                 tools that we've put in the tax code, the

                 Majority of this house has voted and approved,

                 to really -- which require greater

                 complication because they require more

                 accounting, more lines on the tax form for

                 each of those deductions.

                            My question is, how does this bill,

                 requiring to look at tax simplification,

                 doesn't it really clash with what we've done

                 and tried to do in enhancing income tax

                 benefits to particular groups of New Yorkers

                 who need help?

                            SENATOR GOODMAN:    Senator, my

                 answer is a distinct negative.  We would not

                 be working in the contrary fashion as you've

                 described in the slightest.





                                                          8150



                            In a sense, it's an improvement,

                 because by simplifying the form we make it

                 easier for people to take the deductions which

                 we encourage them to take for purposes of

                 their self-improvement and for relief from the

                 onerous tax laws that are now in existence.

                            Specifically, the legislation would

                 point to a way to a new and simplified method

                 of computing the tax by eliminating the

                 confusing current structure of tax rates and

                 base taxes and instead allowing the taxpayers

                 to make a simple calculation.  Even the

                 fastest personal income tax form in existence

                 at the moment, the so-called "fast form," is

                 16 lines long and leaves control of

                 calculations in a state of considerable

                 confusion to the taxpayer.

                            I think any taxpayer wishing to

                 take advantage of the types of deductions you

                 mention is in a position to aggregate these

                 and to put them on a single line rather than

                 to enumerate them in the complex fashion

                 envisaged by the present law.

                            SENATOR DOLLINGER:    Just briefly

                 on the bill, Mr. President.





                                                          8151



                            ACTING PRESIDENT MEIER:    Senator

                 Dollinger, on the bill.

                            SENATOR DOLLINGER:    I applaud the

                 goal that Senator Goodman articulates, and I

                 think it's a laudable one.

                            I'm just not so sure that as we

                 attempt to provide specific forms of tax

                 relief, especially for working families -- I

                 know, Senator Goodman, you've worked on this,

                 you're well familiar with this.  Those types

                 of tax relief are all indigenous to New York

                 State.  They may not be directly related to

                 the federal income tax return.  We may have

                 other tax benefits for working families that

                 don't show up in the federal return.

                            So as a consequence, the

                 simplification of either using the federal

                 return and taking a percentage of that and

                 paying it to the state may not work.  As well

                 as the decrease in complexity or trying to

                 simplify the tax code may mean that people

                 don't get the benefit of all the types of tax

                 relief that this house has put in effect in

                 the eight or nine years that I've been here

                 alone.





                                                          8152



                            I'm going to vote in favor of the

                 bill, because certainly we should rely on our

                 experts through the Tax and Finance Department

                 to try to figure out how to balance that.  But

                 quite frankly, Senator Goodman, I hope that

                 that's what they've been doing for the last

                 ten years, trying to figure out how to make it

                 relatively simple and at the same time achieve

                 the complex goal of providing directed tax

                 relief to specific portions of the New York

                 State electorate who need it.

                            We in this house I think have done

                 a reasonably good job of providing that

                 targeted tax relief.  And my concern is that

                 simplification should not be the guise under

                 which we reduce that targeted tax relief to

                 especially needy New Yorkers, New Yorkers that

                 have very specific goals in their life that we

                 believe comport with the overall goal of this

                 state, whether it's financing college

                 education or providing daycare services or

                 providing adequate funds for health care.

                            So I recognize, Senator Goodman,

                 the intention.  But I think this is an area in

                 which my hope is that the Tax and Finance





                                                          8153



                 Department is doing this job which you're

                 asking them to do all the time.  This I know

                 simply requires a report.  But I don't think

                 we should forget that simplification doesn't

                 necessarily mean less tax.  Sometimes it's

                 going to be complex, but that's the nature of

                 the way we target our tax relief to

                 New Yorkers.

                            ACTING PRESIDENT MEIER:    Senator

                 Stachowski.

                            SENATOR STACHOWSKI:    Just -- if

                 Senator Goodman would yield for just one

                 question.

                            ACTING PRESIDENT MEIER:    Senator

                 Goodman, do you yield for a question?

                            SENATOR GOODMAN:    Yes.

                            ACTING PRESIDENT MEIER:    The

                 Senator yields.

                            SENATOR STACHOWSKI:    Senator, in

                 reading your bill, couldn't the Tax Department

                 do this kind of change or even a report on

                 this kind of change just by a request of your

                 Investigations Committee, as opposed to having

                 to pass legislation in both houses to get this

                 done?





                                                          8154



                            SENATOR GOODMAN:    As you know,

                 Senator, some years ago we declared war on

                 complexity in tax reporting as a basically

                 very difficult, convoluted issue that many of

                 the constituencies around the state had to

                 deal with.

                            And I'm not yet fully satisfied, as

                 I hope to be in the near future, by the amount

                 that's been done to create an adequate short

                 form.  There are certain objections to it that

                 have been amply discussed by your colleague.

                            But the fact is, all this bill does

                 is to mandate that a study be made and that

                 they come back within a year, having intensely

                 examined this to see in what way the

                 simplifications which can exist under present

                 law without impairing the deductions described

                 by the Senator can be undertaken.  And that's

                 exactly its purpose.

                            SENATOR STACHOWSKI:    Thank you.

                            ACTING PRESIDENT MEIER:    Senator

                 Marchi.

                            SENATOR MARCHI:    Mr. President,

                 Senator Goodman probably will be surprised

                 when I -- in going back over the years, when





                                                          8155



                 he was -- you were with Finance, you were in

                 charge of Finance under the administrations of

                 '65 to '70.  At that time, corporate taxes

                 were levied on the basis of total activity,

                 even if they lost money.

                            And it was Senator Goodman, then

                 commissioner, who prompted them to move to

                 profits.  As a result, profits increased.  And

                 the heavy foot that was on the corporate

                 endeavor got some relief.  And they, in turn,

                 became contributors to this tax system.

                            So there are large presumptions

                 that go when he gets up on one of these bills.

                 And I'm certainly very much in favor of its

                 enactment.

                            ACTING PRESIDENT MEIER:    Any

                 other Senator wish to be heard on the bill?

                            Debate is closed.

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.





                                                          8156



                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            THE SECRETARY:    Calendar Number

                 793, by Member of the Assembly Gottfried,

                 Assembly Print Number 7494A, an act to amend

                 Chapter 725 of the Laws of 1989.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)

                            SENATOR PATERSON:    Explanation.

                            SENATOR SKELOS:    Lay it aside for

                 the day.

                            ACTING PRESIDENT MEIER:    Lay the

                 bill aside for the day.

                            Senator Skelos, that completes the

                 reading of the controversial calendar.

                            SENATOR SKELOS:    Mr. President,

                 is there any housekeeping at the desk?

                            ACTING PRESIDENT MEIER:    Yes, I

                 believe we have a motion, Senator.

                            Senator Farley.





                                                          8157



                            SENATOR FARLEY:    Thank you, Mr.

                 President.

                            On behalf of Senator DeFrancisco, I

                 offer the following amendments to these Third

                 Reading Calendar bills:  Page 5, Calendar 64,

                 Senate Print 470.

                            On behalf of Senator McGee, page

                 55, Calendar 837, Senate Print 3520.

                            On behalf of Senator Wright, page

                 58, Calendar 877, Senate Print 5206.

                            On behalf of Senator Kuhl, on page

                 60, Calendar 895, Senate Print 1629.

                            I offer these amendments and I ask

                 that these bills retain their place.

                            ACTING PRESIDENT MEIER:    The

                 amendments are received and adopted, and the

                 bills will retain their place on the Third

                 Reading Calendar.

                            Senator Dollinger.

                            SENATOR DOLLINGER:    Mr.

                 President, I believe at the desk there is a

                 written notice of a motion to amend the Rules

                 of the Senate.  That notice is given pursuant

                 to Rule XI, and it seeks to add a new rule,

                 XV, which will set ethical standards for





                                                          8158



                 members, officers, and employees of the

                 Senate.  I ask that it be filed in the

                 Journal.

                            ACTING PRESIDENT MEIER:    The

                 notice is at the desk, and it will be filed in

                 the Journal.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 on today's active list I inadvertently starred

                 Calendar Number 312, by Senator Seward.  And

                 with the consent of the Minority, if we could

                 take the bill up at this time.

                            ACTING PRESIDENT MEIER:    Without

                 objection, the star is removed.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 312, by Senator Seward, Senate Print 2810, an

                 act to amend the Insurance Law.

                            ACTING PRESIDENT MEIER:    Read the

                 last section.

                            THE SECRETARY:    Section 7.  This

                 act shall take effect January 1, 2002.

                            ACTING PRESIDENT MEIER:    Call the

                 roll.

                            (The Secretary called the roll.)





                                                          8159



                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MEIER:    The bill

                 is passed.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there being no further business, I move we

                 adjourn until Tuesday, May 29th, at 3:00 p.m.,

                 intervening days being legislative days.

                            ACTING PRESIDENT MEIER:    On

                 motion, the Senate stands adjourned until

                 Tuesday, May 29th, at 3:00 p.m.  Intervening

                 days will be legislative days.

                            (Whereupon, at 12:00 p.m., the

                 Senate adjourned.)