Regular Session - June 11, 2003

    

 
                                                        3811



                           NEW YORK STATE SENATE





                          THE STENOGRAPHIC RECORD









                             ALBANY, NEW YORK

                               June 11, 2003

                                 3:06 p.m.





                              REGULAR SESSION







            SENATOR THOMAS P. MORAHAN, Acting President

            STEVEN M. BOGGESS, Secretary















                                                        3812



                           P R O C E E D I N G S

                            ACTING PRESIDENT MORAHAN:    The

                 Senate will please 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 MORAHAN:    In the

                 absence of clergy, I ask all to bow their

                 heads in a moment of silence.

                            (Whereupon, the assemblage

                 respected a moment of silence.)

                            ACTING PRESIDENT MORAHAN:

                 Reading of the Journal.

                            THE SECRETARY:    In Senate,

                 Tuesday, June 10, the Senate met pursuant to

                 adjournment.  The Journal of Monday, June 9,

                 was read and approved.  On motion, Senate

                 adjourned.

                            ACTING PRESIDENT MORAHAN:

                 Without objection, the Journal stands approved

                 as read.

                            Presentation of petitions.

                            Messages from the Assembly.



                                                        3813



                            Messages from the Governor.

                            Reports of standing committees.

                            Reports of select committees.

                            Communications and reports from

                 state officers.

                            Motions and resolutions.

                            Senator Seward.

                            Senator Wright, I'm sorry.

                            SENATOR WRIGHT:    I'm the shorter

                 one.

                            (Laughter.)

                            SENATOR WRIGHT:    Thank you, Mr.

                 President.

                            On behalf of Senator Leibell, on

                 page number 26 I offer the following

                 amendments Calendar Number 669, Senate Print

                 Number 4716A, and ask that said bill retain

                 its place on Third Reading Calendar.

                            ACTING PRESIDENT MORAHAN:    The

                 amendments are received and adopted, and the

                 bill will retain its place on the Third

                 Reading Calendar.

                            SENATOR WRIGHT:    Thank you, Mr.

                 President.

                            On behalf of Senator Bonacic, on



                                                        3814



                 page number 30 I offer the following

                 amendments to Calendar Number 747, Senate

                 Print Number 1127, and ask that said bill

                 retain its place on the Third Reading

                 Calendar.

                            ACTING PRESIDENT MORAHAN:    The

                 amendments are received and adopted, and the

                 bill will retain its present place on the

                 Third Reading Calendar.

                            SENATOR WRIGHT:    And again, Mr.

                 President, on behalf of Senator Bonacic, on

                 page number 30 I offer the following

                 amendments to Calendar Number 748, Senate

                 Print Number 1398, and ask that said bill

                 retain its place on the Third Reading

                 Calendar.

                            ACTING PRESIDENT MORAHAN:    The

                 amendments are received and adopted, and the

                 bill will retain its place on the Third

                 Reading Calendar.

                            Senator Bonacic.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.

                            On behalf of Senator Skelos, I wish

                 to call up Bill Print Number 553, recalled



                                                        3815



                 from the Assembly, which is now at the desk.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 215, by Senator Skelos, Senate Print 553, an

                 act to amend the Insurance Law.

                            SENATOR BONACIC:    I will now move

                 to reconsider the vote by which the bill was

                 passed.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            SENATOR BONACIC:    Mr. President,

                 I now offer the following amendments.

                            ACTING PRESIDENT MORAHAN:    The

                 amendments are received and adopted.

                            Senator Bonacic.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.

                            On behalf of Senator Nozzolio, I

                 wish to call up Bill Print Number 3881A,

                 recalled from the Assembly, which is now at

                 the desk.



                                                        3816



                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1137, by Senator Nozzolio, Senate Print 3881A,

                 an act to authorize the City of Geneva.

                            SENATOR BONACIC:    Mr. President,

                 I will now move to reconsider the vote by

                 which the bill was passed.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            SENATOR BONACIC:    Mr. President,

                 I now offer the following amendments.

                            ACTING PRESIDENT MORAHAN:    The

                 amendments are received.

                            Senator Meier.

                            SENATOR MEIER:    Thank you, Mr.

                 President.

                            On behalf of Senator Velella, I

                 wish to call up his bill, Senate Print Number

                 4123, recalled from the Assembly, which is now

                 at the desk.

                            ACTING PRESIDENT MORAHAN:    The



                                                        3817



                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 691, by Senator Velella, Senate Print 4123, an

                 act to amend the Administrative Code of the

                 City of New York.

                            ACTING PRESIDENT MORAHAN:

                 Senator Meier.

                            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 MORAHAN:    The

                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT MORAHAN:

                 Senator Meier.

                            SENATOR MEIER:    Mr. President, I

                 now move that the Senate bill have its third

                 reading at this time.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 691, by Senator Velella, Senate Print 4123, an



                                                        3818



                 act to amend the Administrative Code of the

                 City of New York.

                            ACTING PRESIDENT MORAHAN:    There

                 is a home-rule message at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 11.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            SENATOR SKELOS:    Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Skelos.

                            SENATOR SKELOS:    Are there any

                 substitutions at the desk?

                            ACTING PRESIDENT MORAHAN:    Yes,

                 there is, Senator.

                            SENATOR SKELOS:    If we could make

                 them at this time.

                            ACTING PRESIDENT MORAHAN:    The



                                                        3819



                 Secretary will read.

                            THE SECRETARY:    On page 50,

                 Senator Velella moves to discharge, from the

                 Committee on Rules, Assembly Bill Number 1852

                 and substitute it for the identical Senate

                 Bill Number 922, Third Reading Calendar 1158.

                            On page 50, Senator Rath moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 4344 and substitute it

                 for the identical Senate Bill Number 2046,

                 Third Reading Calendar 1161.

                            On page 51, Senator Mendez moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 6409 and substitute it

                 for the identical Senate Bill Number 3353,

                 Third Reading Calendar 1165.

                            On page 52, Senator Saland moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 5150A and substitute it

                 for the identical Senate Bill Number 4131A,

                 Third Reading Calendar 1174.

                            And on page 52, Senator Marcellino

                 moves to discharge, from the Committee on

                 Rules, Assembly Bill Number 8363 and

                 substitute it for the identical Senate Bill



                                                        3820



                 Number 4928, Third Reading Calendar 1177.

                            ACTING PRESIDENT MORAHAN:    The

                 substitutions are ordered.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there will be an immediate meeting of the

                 Rules Committee in the Majority Conference

                 Room.

                            ACTING PRESIDENT MORAHAN:    There

                 will be an immediate meeting of the Rules

                 Committee in the Majority Conference Room.

                            Senator Skelos.

                            SENATOR SKELOS:    Mr. President,

                 there's a privileged resolution at the desk by

                 Senators Seward and Hoffmann.  Could we have

                 it read in its entirety and move for its

                 immediate adoption.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    By Senators

                 Seward and Hoffmann, Legislative Resolution

                 Number 2200, honoring the Odyssey of the Mind

                 Team of Sherburne-Earlville Central School

                 upon the occasion of capturing first place at

                 the World Finals at Iowa State University in



                                                        3821



                 Ames, Iowa.

                            "WHEREAS, It is the intent of this

                 Legislative Body to commend and pay tribute to

                 those individuals who, by achieving

                 outstanding success in scholastic competition,

                 have inspired and brought pride to our state

                 and nation; and

                            "WHEREAS, Excellence in scholastic

                 competitions can be realized only through

                 strenuous practice, honed skills, and a

                 determination to succeed; and

                            "WHEREAS, The members of the

                 Sherburne-Earlville Odyssey of the Mind

                 program achieved that success when they

                 captured first place at the Odyssey of the

                 Mind World Finals, held at Iowa State

                 University in Ames, Iowa; and

                            "WHEREAS, The members of the

                 Sherburne-Earlville Odyssey of the Mind Team

                 included Kaitlin Carey, Lucy Clippinger, Anna

                 Fagan, Sasha Hoff, Bryan McCracken, Laura

                 Murphy, and Christina Pfohl.  The team's coach

                 was Heather Pfohl, and the coordinator was

                 Jonathan Sherry; and

                            "WHEREAS, This year, competing



                                                        3822



                 teams needed to choose one of five problems to

                 solve.  Moreover, teams needed to solve a

                 problem in the Spontaneous section of the

                 competition.  During Spontaneous, teams must

                 solve a problem which they have never seen

                 before in a very limited amount of time; and

                            "WHEREAS, The Sherburne-Earlville

                 Odyssey Team competed in 'Put a Spin on It.'

                 This problem was to creatively interpret a

                 manmade achievement from a given list, such as

                 The Great Wall of China, the Easter Island

                 statues, the Taj Mahal, and Stonehenge; and

                            "WHEREAS, Through this performance,

                 they needed to create an evolution from the

                 team-created reason to the commonly accepted

                 belief of today, called the 'Spin Session.'

                 They also needed to create an original poem

                 which summarized the performance; and

                            "WHEREAS, During the performance,

                 the team had to create a prop which changed in

                 appearance.  In addition to being scored on

                 the performance, the team gained points from

                 their participation in Spontaneous; and

                            "WHEREAS, The Odyssey of the Mind

                 program instills cooperative team building and



                                                        3823



                 inspires undeniable creativity.  When mixed

                 with drive, intelligence, and the ability to

                 embrace enthusiasm, a world champion is the

                 result; and

                            "WHEREAS, As outstanding role

                 models for their classmates at

                 Sherburne-Earlville Central School, the

                 Odyssey of the Mind team brought honor to

                 their families, coaches, and the school

                 community, as well as to the State of

                 New York; now, therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to

                 congratulate and pay tribute to the members of

                 the Sherburne-Earlville Odyssey of the Mind

                 team; its coach, Heather Pfohl; its

                 coordinator, Jonathan Sherry; its sponsors and

                 its supporters on their achieving first place

                 and for bringing acclaim, honor, and great

                 pride to the people of the State of New York;

                 and be it further

                            "RESOLVED, That a copy of this

                 resolution, suitably engrossed, be transmitted

                 to the aforementioned Odyssey of the Mind

                 team, their coach and coordinator."



                                                        3824



                            ACTING PRESIDENT MORAHAN:

                 Senator Seward.

                            SENATOR SEWARD:    Thank you, Mr.

                 President.

                            I'm very, very proud to stand in

                 support of the resolution that has just been

                 read honoring the Odyssey of the Mind team

                 from the Sherburne-Earlville Central School,

                 which is a relatively small school district

                 that borders Chenango and Madison counties in

                 Central New York.

                            Those of you that may not be

                 familiar with the Odyssey of the Mind, it's a

                 very, very stiff competition.  It helps to

                 foster problem solving, team building,

                 creativity.  It requires of the team members

                 to have a great deal of drive, intelligence,

                 enthusiasm.  It's a wonderful exercise.

                            And the fact that from upstate, a

                 small, rural area, we have the world finals

                 team, the world champions, I think it's

                 something that speaks very, very well for our

                 state.

                            And so I stand to congratulate the

                 Sherburne-Earlville Odyssey of the Mind team



                                                        3825



                 for their outstanding work in capturing this

                 very prestigious title.  They have brought

                 honor to their school, to our state, and our

                 nation.  And it's certainly no small feat when

                 you think of what they had to do to win.

                            So my hat is off to this very

                 talented and bright group of students as well

                 as their coach, Heather Pfohl, and their

                 coordinator, Jonathan Sherry, all of which are

                 joining us in the gallery behind me.

                            And when we think about the

                 accomplishments of this outstanding group of

                 students and we think about the future of

                 New York State being in their hands, I think

                 we can all agree that the future is very, very

                 bright indeed, just as bright as they are.

                            So, Mr. President, I'm delighted to

                 stand in support of this resolution.  I urge

                 all my colleagues to support it.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Seward.

                            All in favor of the resolution

                 signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MORAHAN:



                                                        3826



                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MORAHAN:    The

                 resolution is adopted.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Mr.

                 President, if you would, on behalf of the

                 Senate, acknowledge the group that is here

                 today, as the president of the Senate, for us

                 all.

                            ACTING PRESIDENT MORAHAN:    The

                 Senate recognizes the Odyssey of the Mind team

                 of the Sherburne-Earlville Central School upon

                 this occasion.  Welcome to our chambers, and

                 have a safe trip home.  A job well done.

                            Thank you.

                            (Applause.)

                            SENATOR MARCELLINO:    Thank you,

                 Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Senator Marcellino.

                            SENATOR MARCELLINO:    Could we now

                 return to motions and resolutions.  I believe

                 you have a couple of motions.

                            ACTING PRESIDENT MORAHAN:



                                                        3827



                 Senator Bonacic.

                            SENATOR BONACIC:    Mr. President,

                 I wish to call up Calendar Number 572,

                 Assembly Print Number 6988.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 572, by Member of the Assembly DiNapoli,

                 Assembly Print Number 6988, an act creating

                 the New York State invasive species task

                 force.

                            ACTING PRESIDENT MORAHAN:

                 Senator Bonacic.

                            SENATOR BONACIC:    I'll now move

                 to reconsider the vote by which the Assembly

                 bill was substituted for Senate Print Number

                 3522 on April 30, 2003.

                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will call the roll on

                 reconsideration.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 43.

                            SENATOR BONACIC:    I now move that

                 Assembly Bill Number 6988 be committed to the

                 Committee on Rules and the Senate bill be



                                                        3828



                 restored to the order of the Third Reading

                 Calendar.

                            ACTING PRESIDENT MORAHAN:    So

                 ordered.

                            SENATOR BONACIC:    And on behalf

                 of Senator Marcellino, we would now offer the

                 following amendments, Mr. President.

                            ACTING PRESIDENT MORAHAN:    The

                 amendments are received and adopted.

                            Senator Bonacic.  You're a busy

                 guy.

                            SENATOR BONACIC:    Mr. President,

                 on page number 34 I offer the following

                 amendments, on behalf of Senator Marcellino,

                 to Calendar Number 814, Senate Print Number

                 896, and ask that said bill retain its place

                 on the Third Reading Calendar.

                            ACTING PRESIDENT MORAHAN:    The

                 amendments are received and adopted, and the

                 bill will retain its place on the Third

                 Reading Calendar.

                            Senator Marcellino.

                            SENATOR MARCELLINO:    Mr.

                 President, can we have the reading of the

                 noncontroversial calendar now.



                                                        3829



                            ACTING PRESIDENT MORAHAN:    The

                 Secretary will read.

                            THE SECRETARY:    Calendar Number

                 473, by Senator LaValle, Senate Print 2063A,

                 an act to amend the Real Property Tax Law and

                 others, in relation to a separate assessment.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 17.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 610, by Senator Rath, Senate Print 3572, an

                 act to amend the Domestic Relations Law and

                 the Family Court Act, in relation to child

                 support obligation.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.



                                                        3830



                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 90th day.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 819, by Senator Hannon --

                            SENATOR MARCELLINO:    Lay the bill

                 aside for the day.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is laid aside for the day.

                            THE SECRETARY:    Calendar Number

                 845, by Senator Wright, Senate Print 1065, an

                 act to amend the Education Law, in relation to

                 the eligibility of military personnel.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of January.

                            ACTING PRESIDENT MORAHAN:    Call



                                                        3831



                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 957, by Senator Little, Senate Print 3365A, an

                 act to amend the Tax Law, in relation to

                 authorizing the County of Warren.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 43.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1068, by the Assembly Committee on Rules,



                                                        3832



                 Assembly Print Number 7972, an act to amend

                 Chapter 505 of the Laws of 1985.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1081, by Senator Rath, Senate Print 4984, an

                 act to amend the Social Services Law, in

                 relation to evidence in termination.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)



                                                        3833



                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 44.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1087, by Member of the Assembly Weisenberg,

                 Assembly Print Number 1466B, an act to amend

                 the Vehicle and Traffic Law, in relation to

                 enacting Adam's Law.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 5.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 45.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1116, by Senator Maziarz, Senate Print --

                            SENATOR SCHNEIDERMAN:    Lay it



                                                        3834



                 aside.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 1158, substituted earlier today by Member of

                 the Assembly Thiele, Assembly Print Number

                 1852, an act to amend the Criminal Procedure

                 Law, in relation to granting.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1159, by Senator Kuhl, Senate Print 1467, an

                 act to amend the Alcoholic Beverage Control

                 Law and the Vehicle and Traffic Law, in

                 relation to the imposition.



                                                        3835



                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1160, by Senator Maltese, Senate Print 1776,

                 an act authorizing the City of New York to

                 reconvey its interest.

                            ACTING PRESIDENT MORAHAN:    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 MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)



                                                        3836



                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 47.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1161, substituted earlier today by Member of

                 the Assembly Schimminger, Assembly Print

                 Number 4344, an act to amend Chapter 201 of

                 the Laws of 2001 amending the Real Property

                 Tax Law.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1162, by Senator Volker, Senate Print 2945, an



                                                        3837



                 act to amend the Criminal Procedure Law, in

                 relation to the receiving of business records.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1163, by Senator Larkin, Senate Print 3278, an

                 act to authorize Deputy Sheriff Hadeer Omar of

                 the Ulster County Sheriff's Department.

                            ACTING PRESIDENT MORAHAN:    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 MORAHAN:    Call



                                                        3838



                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1164, by Senator Brown, Senate Print 3326B, an

                 act to amend the Highway Law.

                            SENATOR MARCELLINO:    The bill is

                 high, Mr. President.  Please lay it aside.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is laid aside for the day.

                            THE SECRETARY:    Calendar Number

                 1165, substituted earlier today by Member of

                 the Assembly Clark, Assembly Print Number

                 6409, an act in relation to authorizing the

                 Department of Transportation.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.



                                                        3839



                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 48.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1166, by Senator Kuhl, Senate Print 3414A, an

                 act to amend the Correction Law, in relation

                 to authorizing.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 50.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1167, by Senator Johnson, Senate Print 3782A,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to authorizing.

                            ACTING PRESIDENT MORAHAN:    Read



                                                        3840



                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 180th day.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 50.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1168, by Senator Spano, Senate Print 3874, an

                 act to amend Chapter 674 of the Laws of 1993,

                 amending the Public Buildings Law.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 50.



                                                        3841



                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1169, by Senator Bonacic, Senate Print 3986,

                 an act authorizing the Town of Ulster, in the

                 County of Ulster.

                            ACTING PRESIDENT MORAHAN:    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 MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 52.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1170, by Senator Balboni, Senate Print 4021,

                 an act to amend the Tax Law, in relation to

                 extending.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.



                                                        3842



                            THE SECRETARY:    Section 5.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 52.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1171, by Senator Saland, Senate Print 4023A,

                 an act to amend the Education Law, in relation

                 to prohibiting.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 8.  This

                 act shall take effect on the first of

                 September.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 52.  Nays,



                                                        3843



                 2.  Senator Duane --

                            ACTING PRESIDENT MORAHAN:

                 Senator Duane, why do you rise?

                            SENATOR DUANE:    Thank you, Mr.

                 President.

                            I'm voting in opposition to this

                 bill, and I'm hoping my colleagues will as

                 well.

                            This bill is a shadow of another

                 bill, my Dignity for All Students Act.  And

                 this bill, while well-intentioned, does not

                 really protect children in our schools.  One

                 glaring omission is that gender identity and

                 gender expression is not covered in the

                 legislation.

                            There's also no mandate that

                 dignity and respect for everyone, regardless

                 of race, religion, ethnicity, sexual

                 orientation, gender, gender identity, or

                 expression -- there's no way to make sure that

                 in each and every school in New York State the

                 message will get through that everyone needs

                 to be respected.

                            So I'm urging my colleagues to vote

                 no, to hold out until we see the Dignity for



                                                        3844



                 All Students Act come to the floor of this

                 chamber.  Only then will we really be able to

                 assure the dignity and safety of all students,

                 teachers, and members of the school community

                 and family in this state.

                            I'm voting no, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator.

                            Announce the results.

                            THE SECRETARY:    Ayes, 55.

                 Nays --

                            ACTING PRESIDENT MORAHAN:

                 Senator Sabini.

                            SENATOR SABINI:    To explain my

                 vote, Mr. President.

                            ACTING PRESIDENT MORAHAN:

                 Withdraw the roll call.

                            SENATOR SABINI:    I can explain my

                 vote.

                            I'm going to vote for this.  I

                 voted for it in committee and without

                 recommendation in Rules Committee.

                            And I would only ask Senator Saland

                 that he consider adopting all or part of the

                 Dignity for All Students agenda and the safe



                                                        3845



                 harbor for students that Senator Duane has

                 talked about.

                            I believe that the perfect

                 shouldn't be the enemy of the good.  And the

                 bill essentially has some very good things in

                 it.  But that I would like to see more

                 protections for students of all beliefs and

                 persuasions in the bill, having represented

                 District 24 in Queens, and having had to get a

                 grant from the Hetrick-Martin Institute some

                 years ago to at least train teachers at

                 Newtown High School that kids who are actively

                 seeking to promote aggression on other kids

                 for reasons other than just being normal

                 youths is wrong.  And we found that a lot of

                 teachers didn't understand that.

                            And so I will vote for the bill,

                 but I'd ask the sponsor to consider very

                 strongly another measure that would more

                 closely resemble Senator Duane's bill.  And I

                 vote aye.

                            Thank you.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Sabini.

                            Would those Senators voting in the



                                                        3846



                 negative --

                            Senator Krueger.

                            SENATOR LIZ KRUEGER:    To explain

                 my vote in the negative, because that was one

                 of your questions.

                            I share Senator Duane's concerns

                 that while I do not have a formal opposition

                 to Senator Saland's bill, it does not go far

                 enough.

                            ACTING PRESIDENT MORAHAN:    Excuse

                 me, Senator.

                            Can we have order in the house.

                            Continue, Senator.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.

                            While I do not have a formal

                 objection to Senator Saland's bill, I agree

                 that it has not gone far enough.  And until we

                 can also include the provisions of the Dignity

                 for All Students Act, this house should not go

                 forward.

                            We should go forward with the bill

                 as passed by the Assembly, as sponsored by

                 Senator Duane, to assure that we address all

                 of the issues affecting children in our



                                                        3847



                 schools through this act.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MORAHAN:    Thank

                 you, Senator Krueger.

                            Will those Senators voting in the

                 negative please raise their hands.

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1171 are

                 Senators Duane, L. Krueger, Montgomery, and

                 Parker.  Ayes, 54.  Nays, 4.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            Senator Duane, why do you rise?

                            SENATOR DUANE:    Thank you, Mr.

                 President.

                            I was in Rules as you were racing

                 through the calendar out here, and I would

                 like unanimous consent to be recorded in the

                 negative on Calendar Numbers 1158, 1159, 1161,

                 1162, and 1166.

                            ACTING PRESIDENT MORAHAN:

                 Senator Duane will be recorded in the negative

                 on the bills outlined.

                            THE SECRETARY:    Calendar Number

                 1172, by Senator Oppenheimer, Senate Print



                                                        3848



                 4034, an act authorizing the City of

                 New Rochelle to sell the Wildcliff Cottage

                 property.

                            ACTING PRESIDENT MORAHAN:    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 MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1173, by Senator Johnson, Senate Print 4468,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to prohibiting.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of

                 November.



                                                        3849



                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1174, substituted earlier today by Member of

                 the Assembly Pheffer, Assembly Print Number

                 5150A, an act to amend the General Business

                 Law, in relation to ensuring.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect January 1, 2004.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.



                                                        3850



                            THE SECRETARY:    Calendar Number

                 1175, by Senator Bonacic --

                            SENATOR HASSELL-THOMPSON:    Lay it

                 aside.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is laid aside.

                            THE SECRETARY:    Calendar Number

                 1176, by Senator Kuhl, Senate Print 4907, an

                 act to amend the Highway Law, in relation to

                 cooperative agreements.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1177, substituted earlier today by the

                 Assembly Committee on Rules, Assembly Print



                                                        3851



                 Number 8363, an act to amend the Environmental

                 Conservation Law.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1178, by Senator Flanagan, Senate Print 4976,

                 an act authorizing the assessor of the County

                 of Suffolk to accept an application.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)



                                                        3852



                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1179, by Senator Seward, Senate Print 4977, an

                 act to amend the Real Property Tax Law, in

                 relation to certain leases.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1180, by Senator Little, Senate Print 4982, an

                 act to amend the General Municipal Law and

                 others, relating to establishing the interest



                                                        3853



                 rate.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 6.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1181, by Senator Marcellino, Senate Print

                 4995, an act to amend Chapter 203 of the Laws

                 of 1999 amending the Environmental

                 Conservation Law.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)



                                                        3854



                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1182, by Senator Farley, Senate Print 5056, an

                 act to amend the Education Law, in relation to

                 state aid to reference.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect April 1, 2003.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1183, by Senator Farley, Senate Print 5060, an

                 act to amend the Education Law, in relation to

                 state aid for library construction.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.



                                                        3855



                            THE SECRETARY:    Section 2.  This

                 act shall take effect on the first of July.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1184, by Senator Spano, Senate Print 5079, an

                 act to amend the Tax Law, in relation to

                 authorizing the Commissioner of Taxation.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The



                                                        3856



                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1185, by Senator DeFrancisco, Senate Print

                 5094A, an act to adjust certain state aid

                 payments.

                            ACTING PRESIDENT MORAHAN:    There

                 is a local fiscal impact note at the desk.

                            Read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1186, by Senator Nozzolio, Senate Print 5097,

                 an act authorizing the Town of Webster in the

                 County of Monroe to convey an easement.

                            ACTING PRESIDENT MORAHAN:    There

                 is a home-rule message at the desk.

                            Read the last section.



                                                        3857



                            THE SECRETARY:    Section 4.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 58.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1187, by Senator Padavan, Senate Print 5117,

                 an act to amend the Vehicle and Traffic Law,

                 in relation to suspension for failure.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Those voting in

                 the negative on Calendar Number 1187 are

                 Senators Duane, Meier, and Montgomery.  Ayes,

                 56.  Nays, 3.



                                                        3858



                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1188, by Senator Morahan, Senate Print 5147,

                 an act to amend the Not-for-Profit Corporation

                 Law, in relation to corporations.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1189, by Senator Libous, Senate Print 5157, an

                 act to amend the Town Law and the Public

                 Officers Law, in relation to providing.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 3.  This



                                                        3859



                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1190, by Senator Spano, Senate Print 5278, an

                 act to amend the Penal Law, in relation to the

                 commission of persistent sexual abuse.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 33.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Those recorded in

                 the negative on Calendar Number 1190 are

                 Senators Duane, Montgomery, and Parker.  Ayes,

                 56.  Nays, 3.



                                                        3860



                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1191, by Senator Balboni, Senate Print 5280,

                 an act to amend the Penal Law, in relation to

                 disseminating indecent material to minors.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 14.  This

                 act shall take effect on the first of

                 November.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1192, by Senator Spano, Senate Print --

                            SENATOR BRUNO:    Lay it aside for

                 the day.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is laid aside for the day.



                                                        3861



                            THE SECRETARY:    Calendar Number

                 1193, by the Senate Committee on Rules, Senate

                 Print Number 5334, an act authorizing the

                 Board of Cooperative Educational Services of

                 Cayuga and Onondaga Counties.

                            ACTING PRESIDENT MORAHAN:    Read

                 the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect immediately.

                            ACTING PRESIDENT MORAHAN:    Call

                 the roll.

                            (The Secretary called the roll.)

                            ACTING PRESIDENT MORAHAN:

                 Announce the results.

                            THE SECRETARY:    Ayes, 59.

                            ACTING PRESIDENT MORAHAN:    The

                 bill is passed.

                            Senator Bruno, that completes the

                 reading of the noncontroversial calendar.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time return to reports of

                 standing committees.

                            I believe there is a report from

                 the Rules Committee at the desk.  I would ask

                 that it be read at this time.



                                                        3862



                            ACTING PRESIDENT MORAHAN:

                 Reports of standing committees.

                            The Secretary will read.

                            THE SECRETARY:    Senator Bruno,

                 from the Committee on Rules, reports the

                 following bills:

                            Senate Print 588, by Senator

                 Breslin, an act to amend the Uniform City

                 Court Act;

                            744, by Senator Kuhl, an act to

                 amend the Tax Law;

                            1736A, by Senator McGee, an act to

                 amend the County Law;

                            2124A, by Senator Skelos, an act to

                 amend the Retirement and Social Security Law;

                            2922, by Senator Hannon, an act to

                 amend the Lien Law;

                            3260, by Senator Volker, an act to

                 allow;

                            3341, by Senator Maziarz, an act to

                 amend the Real Property Tax Law;

                            3756, by Senator Balboni, an act to

                 amend the Real Property Law;

                            3893, by Senator Volker, an act in

                 relation to granting;



                                                        3863



                            3943, by Senator Marchi, an act to

                 amend the Navigation Law;

                            4063A, by Senator Wright, an act to

                 amend the Agriculture and Markets Law;

                            4103, by Senator Fuschillo, an act

                 to amend the General Municipal Law;

                            4236, by Senator Hannon, an act to

                 amend the Surrogate's Court Procedure Act;

                            4327, by Senator Bonacic, an act to

                 amend the Public Authorities Law;

                            4354B, by Senator Marcellino, an

                 act to amend Chapter 233 of the Laws of 2000;

                            4621, by Senator LaValle, an act to

                 amend Chapter 244 of the laws of 2000;

                            4672, by Senator Lachman, an act to

                 amend the Penal Law;

                            4696A, by Senator Velella, an act

                 to amend the Estates, Powers and Trusts Law;

                            4908, by Senator Kuhl, an act to

                 amend the Vehicle and Traffic Law;

                            4910, by Senator Kuhl, an act to

                 amend the Vehicle and Traffic Law;

                            4921, by Senator Libous, an act to

                 amend the Vehicle and Traffic Law;

                            5059A, by Senator Saland, an act to



                                                        3864



                 amend Chapter 147 of the Laws of 2001;

                            5077, by Senator Marcellino, an act

                 to amend the Environmental Conservation Law;

                            5087, by Senator Flanagan, an act

                 to amend the Parks, Recreation and Historic

                 Preservation Law;

                            5132, by Senator Little, an act to

                 amend the General Municipal Law;

                            5141, by Senator Johnson, an act to

                 amend the Public Officers Law;

                            5182, by Senator Flanagan, an act

                 to amend the Real Property Tax Law;

                            5279, by Senator Golden, an act to

                 amend the Penal Law;

                            5281, by Senator Kuhl, an act to

                 amend the Public Officers Law;

                            5285, by Senator Rath, an act to

                 amend the Domestic Relations Law;

                            5308, by Senator Balboni, an act to

                 amend the Criminal Procedure Law;

                            5310, by Senator Skelos, an act to

                 amend the Environmental Conservation Law;

                            5322, by Senator Hannon, an act to

                 amend Chapter 303 of the Laws of 1999;

                            5369, by Senator Johnson, an act to



                                                        3865



                 amend the Environmental Conservation Law;

                            And Senate Print 5428, by Senator

                 Robach, an act to amend a chapter of the laws

                 of 2003.

                            All bills ordered direct to third

                 reading.

                            ACTING PRESIDENT MARCELLINO:    All

                 in favor of accepting the report of the Rules

                 Committee signify by saying aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MARCELLINO:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MARCELLINO:    The

                 ayes have it.  The report is accepted.

                            Senator DeFrancisco.

                            SENATOR DeFRANCISCO:    I request

                 unanimous consent to be recorded in the

                 negative on Calendar 1180, Senate Print 4982.

                            ACTING PRESIDENT MARCELLINO:

                 Senator DeFrancisco will be recorded in the

                 negative on Calendar Number 1180.

                            Senator Bruno.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time return to motions and



                                                        3866



                 resolutions.

                            I believe I have a privileged

                 resolution at the desk.  I would ask that it

                 be read in its entirety and move for its

                 immediate adoption.

                            ACTING PRESIDENT MARCELLINO:    The

                 Secretary will read.

                            THE SECRETARY:    By Senator Bruno,

                 Legislative Resolution Number 2199,

                 congratulating New York-bred Funny Cide for

                 his outstanding achievements during horse

                 racing's prestigious Triple Crown.

                            "WHEREAS, It is with immeasurable

                 pride that this Legislative Body joins with

                 the citizens of the great State of New York to

                 come together to congratulate New York-bred

                 Funny Cide for his outstanding achievements

                 during horse racing's prestigious Triple

                 Crown; and

                            "WHEREAS, His efforts and

                 accomplishments of placing first, first and

                 third during the Triple Crown races served as

                 an inspiration and an example of the best

                 qualities of New Yorkers -- dedication,

                 courage, and commitment to excellence; and



                                                        3867



                            "WHEREAS, Funny Cide was in

                 position to sweep the Triple Crown after

                 becoming only the 28th horse to win both the

                 Kentucky Derby and Preakness Stakes; and

                            "WHEREAS, On May 3, 2003, Funny

                 Cide became the first New York-bred horse to

                 capture the Kentucky Derby, the first leg of

                 horse racing's Triple Crown, at Churchill

                 Downs in Louisville, Kentucky.  He covered the

                 mile-and-a-quarter race in a time of 2:01.19

                 to win the 'Run for the Roses' by a length and

                 three-quarters in one of the ten fastest

                 times; and

                            "WHEREAS, In addition, Funny Cide

                 became the first gelding to win the Derby

                 since Clyde Van Dusen in 1929.  The victory

                 gave both New York-based and Chilean-born

                 jockey Jose Santos and trainer Barclay Tagg

                 their first Derby victory; and

                            "WHEREAS, The New York-based

                 3-year-old chestnut gelding captured the

                 second leg of horse racing's prestigious

                 Triple Crown, the Preakness Stakes, on

                 Saturday, May 17, 2003, at Pimlico Race Course

                 in Baltimore, Maryland; and



                                                        3868



                            "WHEREAS, Funny Cide won the mile

                 and three-sixteenths Preakness Stakes by 9 3/4

                 lengths, the largest margin of victory since

                 1873, in a time of 1:55:61, only two seconds

                 shy of the Stakes record, and the third

                 fastest time in Preakness history; and

                            "WHEREAS, Funny Cide became the

                 toast of the nation.  Fans young and old knew

                 his name, and his Cinderella story was told in

                 print, on television, and over the airwaves

                 across the country.  His image and the maroon

                 and silver of the Sackatoga Stables has

                 adorned countless t-shirts, hats, buttons,

                 pins, websites, and pictures; and

                            "WHEREAS, Fans also gravitated to

                 his everyman owners, Sackatoga Stables, which

                 is managed by Jackson Knowlton and comprised

                 of Gus Williams, David Mahan, Lew Titterton,

                 Eric Dattner, Jon Constance, Harold Cring,

                 Mark Phillips, Peter Phillips, and Larry

                 Reinhardt, a group of former high school

                 friends from Sackets Harbor, New York, and two

                 other partners from the Capitol Region; and

                            "WHEREAS, On Saturday, June 7,

                 2003, a crowd of 101,864 at Belmont Park in



                                                        3869



                 Elmont, New York, all of New York, and much of

                 the country was rooting for New York-bred

                 Funny Cide to capture the 135th running of the

                 Belmont Stakes and win the Triple Crown; and

                            "WHEREAS, While he fell just short

                 in his Triple Crown bid, the determination and

                 efforts of the Funny Cide team captured the

                 hearts and imagination of a new generation of

                 horse racing fans and people everywhere,

                 especially in their home state of New York;

                 and

                            "WHEREAS, Funny Cide, by Distorted

                 Humor out of the Slewacide mare Belle's Good

                 Cide, was born in Saratoga County, at McMahon

                 of Saratoga Thoroughbreds, LLC, owned by

                 Joseph and Anne McMahon; and

                            "WHEREAS, Throughout the Triple

                 Crown, Funny Cide was guided by assistant

                 trainer and exercise rider Robin Smullen,

                 groom Zacarias Quintana, and hot walker Raunie

                 Hart; and

                            "WHEREAS, The accomplishments of

                 Funny Cide, the New York Thoroughbred

                 Breeders, Inc., under the able leadership of

                 president Gerald A. Nielsen and executive



                                                        3870



                 director Dennis J. Brida, and the New York

                 State Thoroughbred Breeding and Development

                 Fund Corporation, under the competent

                 direction of chairman William A. Levin and

                 executive director Martin G. Kinsella, have

                 raised New York breeding to a new level of

                 achievement; and

                            "WHEREAS, It is the custom of this

                 Legislative Body to take note of such a

                 distinguished thoroughbred who has brought

                 great pride not only to his proud owners but

                 to the horse racing industry and all of the

                 citizens of the State of New York; now,

                 therefore, be it

                            "RESOLVED, That this Legislative

                 Body pause in its deliberations to

                 congratulate New York-bred Funny Cide for his

                 outstanding achievements during horse racing's

                 prestigious Triple Crown, and to wish him the

                 best of luck in his racing career; and be it

                 further

                            "RESOLVED, That copies of this

                 resolution, suitably engrossed, be transmitted

                 to Jose Santos, Barclay Tagg, Mike Sellitto,

                 Joseph and Anne McMahon, Jackson Knowlton, Gus



                                                        3871



                 Williams, David Mahan, Lew Titterton, Eric

                 Dattner, Jon Constance, Harold Cring, Mark

                 Phillips, Peter Phillips, Larry Reinhardt,

                 Robin Smullen, Zacarias Quintana, Raunie Hart,

                 the board of directors of the New York

                 Thoroughbred Breeders, Inc., and the New York

                 State Thoroughbred Breeding and Development

                 Fund Corporation."

                            ACTING PRESIDENT MARCELLINO:

                 Senator Bruno.

                            SENATOR BRUNO:    Mr. President and

                 colleagues, the resolution that you just heard

                 read will be voted on and passed.  And this

                 resolution really passes like any law of this

                 state.  And this resolution becomes part of

                 the history of this state.

                            And when your children and

                 grandchildren -- when young Jose, Jr., wants

                 to check the records to review what took place

                 over these last five weeks, this will be a

                 permanent record of the history of New York

                 State.

                            And all of us are proud, all of us

                 in this chamber and the Legislature, are proud

                 to be supportive and to acknowledge.  You



                                                        3872



                 remember just four weeks ago we were

                 celebrating Funny Cide winning the Kentucky

                 Derby.  And as Jack Knowlton, the managing

                 partner of some nine other great partners,

                 acknowledged that one horse out of 37,000 wins

                 the Kentucky Derby.

                            So we acknowledged that, and we

                 celebrated that.  And at that time we said,

                 You will hear more about Funny Cide.  And we

                 did, with that great Preakness run when he

                 left everyone behind.

                            Now, champions are easily

                 celebrated.  But life sometimes proves that

                 even champions have to deal with adversity.

                 And in that mud and in that rain, those

                 101,000 people, 100,000 of them cheering for

                 Funny Cide, were disappointed.

                            But, you know, the owners, led by

                 Jack, a former employee here in the Senate --

                 and all of us now are very proud of that,

                 Jack -- really handled themselves and all the

                 partners in a classy way.  Funny Cide didn't

                 win the Triple Crown, but 28 other horses in

                 the history of this state have won two out of

                 three.  So Funny Cide is a great horse.



                                                        3873



                            Now, I am proud of Funny Cide as my

                 most famous constituent.  And I am decked out

                 kind of like a general here, thanks to Funny

                 Cide's button, colors of maroon and gray of

                 Sackatoga Stables.

                            But, you know, a lot of people have

                 participated in what has gone on.  And you

                 really have changed the complexion of a lot of

                 the thinking of people here in the state and

                 around the country, caught the imagination of

                 the whole country, where they were applauding

                 Funny Cide and Jack and the partners.

                            Joe and Anne McMahon, who just

                 arrived, are just true enterprising,

                 pioneering Americans and have one of the

                 nicest and best breeding facilities here in

                 this state.  And it wasn't always that way, as

                 I mentioned.  With their bare hands,

                 practically, they put it all together and now

                 have a great success and are really a great

                 American success story.

                            Barclay Tagg, the trainer; Robin

                 Smullen, his assistant -- I mean, they are

                 becoming legends in what they have done with

                 this great racehorse and the way they handle



                                                        3874



                 themselves and the way Barclay handles

                 himself.

                            There's another great hero in this

                 story, and that is Jose Santos.  Jose is here

                 with his wife, Rita; daughter, Celina;

                 daughter, Savannah; and his young son, Jose,

                 Jr., who loves to smile.

                            And, Jose, you can be proud of your

                 family.  They are proud of you.  And all of us

                 here in New York are proud of Jose, because

                 Jose is a true champion.

                            Jose, as many of us might have seen

                 a video, took a tumble about 12 years ago.

                 And three horses, as I recall, went down, and

                 one horse landed on him, on his side.  He was

                 laid up for 9 months, has scars and a lot of

                 other things to show for it in his arm.

                            But like a real champion, he

                 recovered, collected himself, and went back to

                 racing and is now just acknowledged as one of

                 the greatest in his field.

                            And to be great in any field is

                 something special.  But you're the greatest in

                 what you are doing.  So we congratulate you,

                 we commend you.



                                                        3875



                            And the breeders that are here

                 represented, all of them, they invest, they

                 persevere.  And not all of those horses that

                 are foaled -- there's like a 30 percent

                 increase in the foaling crop the last nine

                 years, thanks to a lot of what we have done

                 here to be supportive -- 40,000 acres in

                 breeding facilities here, 40,000 employees.

                 So we have done something together.

                            But this team -- Jack Knowlton,

                 Jose, Joe and Anne McMahon, Barclay Tagg --

                 they have really delighted the imagination of

                 everybody like it's never happened before.  So

                 we congratulate you all, we commend you.

                            And we're having a party at 4:30 to

                 celebrate what's going on.  And we're going to

                 continue to smile and be happy, because Funny

                 Cide is going to keep racing, he's going to

                 keep running.  He is coming back to Saratoga.

                 He is going to win the Travers.  And we will

                 be back acknowledging that in the fall and

                 into next year.

                            So congratulations to all of you.

                 Everybody is invited to join with Jack, with

                 Jose, Joe, and Anne McMahon, fourth floor



                                                        3876



                 right behind the chamber at 4:30.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Thank you, Senator Bruno.

                            Senator Wright.

                            SENATOR WRIGHT:    Thank you, Mr.

                 President and my colleagues.

                            I join Senator Bruno in recognizing

                 Funny Cide and all of the team that have been

                 involved with Funny Cide.

                            It's kind of a tradition around

                 here for the last eight years that you seldom

                 disagree with the Majority Leader.  But I

                 think it's only appropriate that we should

                 point out in the name "Sackatoga Stables,"

                 Sackets Harbor precedes Saratoga.  So while

                 Funny Cide may reside in Saratoga, in fact

                 there is a very strong, important role that

                 Sackets Harbor has played, and the Sackets

                 Harbor Six, who have received such

                 recognition.

                            Four weeks ago when they were here

                 and we had the honor of recognizing everyone,

                 I pointed out that nobody seemed to know where

                 Sackets Harbor was at that particular point in



                                                        3877



                 time.  We were described as Western New York,

                 somewhere upstate.  We moved to Central

                 New York.  They have finally located Sackets

                 Harbor now, thanks to the efforts of these

                 fine individuals, to the point that they now

                 take and market Sackets Harbor everywhere they

                 go.

                            So we are now known as the home of

                 the Sackets Harbor Six.  Forget the war of

                 1812, forget all of the other accomplishments

                 that have occurred in this village.  We are

                 home to the Sackets Harbor Six.  And we're

                 very pleased, needless to say.

                            They were recognized this year as

                 Citizens of the Year.  And that truly is

                 indicative of the caliber of individual.  Not

                 simply because of the achievements of Funny

                 Cide, but because of the achievements that

                 they gave to their community and have done

                 over a series of decades in that community.

                            They have served certainly as

                 ambassadors of Northern New York and New York

                 State as well.  And I know that you just talk

                 to people and indicate that you're from the

                 North Country, the first question is:  Do you



                                                        3878



                 know of any of these guys?  Well, I do.  And

                 it's been a pleasure to know them.

                            And as time goes on, and as Senator

                 Bruno has so articulately described the

                 accomplishments within the industry, he's also

                 rightfully pointed out their place in history.

                 We're pleased to be part of that.  I know in

                 talking with individuals they now remember

                 where they were at each one of these Triple

                 Crown races as they followed this horse that

                 really became the spirit of New York and

                 certainly embodied the goals that we all had.

                            So it's an honor to be here this

                 afternoon.  The names of Constance, Cring,

                 Knowlton, Reinhardt, and Phillips will go down

                 in history, not only today, but for a long

                 time coming.  We're looking forward to be on

                 the winning team at the Travers.

                            Thank you very much, and welcome to

                 the Capitol.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Hoffmann.

                            SENATOR HOFFMANN:    Thank you, Mr.

                 President.

                            It's always a challenge to follow



                                                        3879



                 our leader when he's this eloquent.  And today

                 he's eloquent for several reasons.  Obviously

                 he's enormously proud of his constituent Funny

                 Cide.

                            And I just want to assure those who

                 might be listening right now that despite his

                 protestations that Funny Cide is his

                 constituent, there are no imminent plans to

                 change the voting laws of the New York State

                 to allow Funny Cide or the other Saratoga

                 horses to be able to vote for Senator Bruno,

                 worthy as that might be.

                            So we will continue to do

                 everything in our power to justify the great

                 public support for racing and for horse

                 breeding in this state that has galvanized the

                 imagination across the country in these last

                 few weeks.

                            My job is made that much easier.

                 As chair of the Agriculture Committee in this

                 Senate, it's very easy for me now to remind

                 people that horses are bred and raised in this

                 state and part of our mission here in the

                 New York State Legislature is to help people

                 who are engaged in that activity to do it as



                                                        3880



                 effortlessly as possible.

                            We will continue listening to you,

                 listening to the rest of the breeders of this

                 state who are ably represented here in Albany,

                 and finding ways that we can compete

                 successfully and excel far beyond what other

                 states have done.

                            As to the training, I have to say

                 again that it has been reported any number of

                 times that this horse was trained remarkably

                 well and with some of the finest handling in

                 the world.  But it's also important to

                 remember that the trainers who trained this

                 horse are known for their humane handling of

                 that horse.  Not every state, not every

                 trainer can say that.  It again helps to show

                 why the magic of Funny Cide is so special for

                 us.

                            Senator Bruno described Jose

                 Santos' wonderful personal triumph.  And all

                 of us have can take great satisfaction in

                 visiting with you and your family at 4:30 this

                 afternoon.  We wish you could have been with

                 us the first time that we honored your family

                 here.  But you should know that your wife Rita



                                                        3881



                 and your children ably represent you, and you

                 can come back anytime.  We like the sunshine

                 that they bring to this chamber.

                            And finally, to my colleague

                 Senator Wright's constituents, the great

                 people from Sackets Harbor who said that this

                 can be every man and every woman's sport, you

                 have proven once again what great people

                 New York State brings in all walks of life and

                 why all of us can share in your glory today.

                            ACTING PRESIDENT MARCELLINO:    Any

                 other Senator wishing to be heard on this

                 resolution?

                            Senator Larkin.

                            SENATOR LARKIN:    Thank you, Mr.

                 President.

                            You know, in every bit of life

                 there's some trials and tribulations.  As most

                 of us were looking at Saturday, we saw the

                 partners and we saw the groom, and that young

                 son there has respect for his family.

                            But, you know, eight years ago when

                 Senator Bruno took over, he said we were going

                 to make changes.  One of the things he said

                 when he offered me this beautiful job as



                                                        3882



                 chairman of Racing and Wagering was we have to

                 work with people who are willing to put up

                 their money in order to make racing a trade

                 that we in New York can be proud of, and the

                 rest of the states.

                            We went from breeding from here to

                 Kentucky.  We've passed laws now where we can

                 date that right here.  But we want to instill

                 pride in it.

                            And the greatest pride, as many of

                 us saw on television over the past three

                 weeks, was the fact that young men started out

                 as high school friends, came together and said

                 this is a sport, this is a trade that we want

                 to be part of and show friends that this is

                 something that New York can be proud of.

                            It isn't just a riding of a horse.

                 It's the ability to muster forces together, to

                 say we'll have a beautiful track, we'll go

                 there, we'll have people that will come to a

                 track, we'll have people who will come and say

                 how do I buy a horse, what do I do to make it

                 something.

                            And you're the people that did it.

                 You know, a lot of people want to get into the



                                                        3883



                 flair of it and say, oh, I met him, I shook

                 hands with him.  My only complaint was that I

                 didn't think enough about betting back in

                 Kentucky.  I did this time, but, you know.

                            It's a real pride of your family.

                 And I consider every one of you part of our

                 family.  Because it isn't the Santos family

                 and the trainer, the owners -- it's everybody

                 inclusive.  You put together something that

                 put New York on the map.  You put New York on

                 the map because you have pride.  You are

                 respected, and you want others to respect us.

                            You know, some people will say it's

                 gambling.  Well, you get out in that car this

                 morning, you get out on the wrong side, you

                 took a gamble you could be hit.

                            I think what you've done for us in

                 New York is something we are all very, very

                 proud of.  And we'll be back, and you'll be

                 back.  But you have to remember, we're only

                 going to be as good as you and the others

                 willing to put theirself out there in order to

                 promote the great game of racing.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Nozzolio.



                                                        3884



                            SENATOR NOZZOLIO:    Thank you, Mr.

                 President and my colleagues.

                            I rise to join the congratulations

                 to the wonderful experience that you have all

                 given us and to thank you, to thank Funny

                 Cide, to thank Jockey Santos, to thank the

                 owners for such a wonderful experience during

                 these past four or five weeks.

                            I come from the Finger Lakes

                 region.  And I want to thank you and

                 congratulate you for helping us to help people

                 understand how important the horse racing

                 industry is to Western New York, where

                 literally hundreds of farmers, many trainers,

                 many horsemen are involved in this enterprise

                 that you, because of Funny Cide's New

                 York-bred status and nature, has helped us

                 showcase the importance of this wonderful

                 industry.

                            My congratulations to you.  You

                 have given us great joy.  It has just been a

                 wonderful experience to follow the exploits of

                 this wonderful horse, the jocular and

                 wonderful friendship that the owners have with

                 each other, the -- as Senator Bruno said, the



                                                        3885



                 true sportsmen heroism, in a sense, that

                 Jockey Santos, Jose Santos has exhibited.  You

                 are to be congratulated.

                            This I said after the Kentucky

                 Derby.  I think we should remind everyone that

                 this has been the greatest "I Love New York"

                 commercial ever produced.  And we want to

                 thank you for that.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Thank you, Senator.

                            Senator Onorato.

                            SENATOR ONORATO:    Mr. President,

                 I rise too to join my colleagues in commending

                 the entire team for bringing such a wonderful

                 exhilaration to the state of New York for a

                 horse bred in New York.  I didn't feel as good

                 as this here since Nick Zito from upstate here

                 brought in Go for Gin.

                            But my wife was very, very

                 concerned what was a gelding.  And I told her

                 it was a horse that couldn't become a father.

                 And during the race there, when he just lost

                 by a couple of lengths, I says 3 and 1/4 more

                 lengths, if he'd have made it up, he would



                                                        3886



                 have become a famous mudder.

                            But again, it didn't -- it didn't

                 occur, but you've made us all very, very

                 proud.  And we certainly look forward to the

                 Travers, where we will show again on a dry

                 track what the horse can really do.

                            Congratulations to the entire team.

                 We look forward to joining you on the fourth

                 floor.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Stachowski, can you clear up that

                 issue?

                            SENATOR STACHOWSKI:    No corny

                 jokes from me, Mr. President.

                            I'd just like to join Senator Bruno

                 in congratulating the Funny Cide team.  I

                 think the excitement they brought, not only to

                 New York racing but to horse racing in

                 general -- I have a friend from Kentucky that

                 was at the Belmont Park on Saturday because he

                 had a horse running, and he was hoping Funny

                 Cide would win also, because it was so

                 exciting and so good for horse racing in

                 general.

                            I think it's interesting, because



                                                        3887



                 horse racing spent all this money on Go Baby

                 Go, and Funny Cide accomplished better ratings

                 on television and at the track and obviously

                 at the handle at Belmont than that whole Go

                 Baby Go did all of last year.

                            So it was great to have the whole

                 public and the nation focused on Belmont Park,

                 and it's all due, I think, to the whole team

                 and all the adventure that you had.

                            And you did great publicity, people

                 that -- you weren't paid PR people, but you

                 did a better job than most of those

                 high-priced Manhattan business groups in

                 promoting not only racing but Funny Cide.  And

                 I think you did a marvelous job.

                            I think that obviously the jockey,

                 Mr. Santos, did a terrific job; the trainer,

                 Mr. Tagg, and his partner did a great job, and

                 everybody included.  And we can never thank

                 you enough for what you've done for racing in

                 a five-week period with a lot less money than

                 most people do.

                            And I think we'll always be

                 grateful, we'll always remember it.  And plus

                 we have Funny Cide running for a long time, we



                                                        3888



                 hope, and we can continue with the furor and

                 the excitement.  And we'd like to thank you

                 very much for all of that.

                            ACTING PRESIDENT MARCELLINO:    Any

                 other Senator wishing to be heard on the

                 resolution?

                            Seeing none, the question is on the

                 resolution.  All in favor signify by saying

                 aye.

                            (Response of "Aye.")

                            ACTING PRESIDENT MARCELLINO:

                 Opposed, nay.

                            (No response.)

                            ACTING PRESIDENT MARCELLINO:    The

                 resolution is passed.

                            (Applause.)

                            ACTING PRESIDENT MARCELLINO:

                 Senator Bruno, may we return to the

                 controversial reading.

                            SENATOR BRUNO:    Mr. President,

                 can we at this time continue with the

                 controversial reading of the calendar.

                            ACTING PRESIDENT MARCELLINO:

                 Thank you.

                            The Secretary will read.



                                                        3889



                            THE SECRETARY:    In relation to

                 Calendar Number 1116, Senator Maziarz moves to

                 discharge, from the Committee on Rules,

                 Assembly Bill Number 8351 and substitute it

                 for the identical Senate Bill Number 4195,

                 Third Reading Calendar 1116.

                            ACTING PRESIDENT MARCELLINO:

                 Substitution ordered.

                            The Secretary will read.

                            THE SECRETARY:    Calendar Number

                 1116, by the Assembly Committee on Rules,

                 Assembly Print Number 8351, an act to repeal

                 Title 3 of Article 18A of the General

                 Municipal Law.

                            SENATOR SCHNEIDERMAN:

                 Explanation.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Maziarz.

                            SENATOR MAZIARZ:    Thank you very

                 much, Mr. President.

                            Mr. President, this is truly a

                 historic day and a historic bill.  This bill

                 will -- for a couple of reasons, actually, we

                 don't very often see an agency created by an

                 act of the State Legislature ever go out of



                                                        3890



                 business.  But truly the Love Canal

                 Revitalization Agency has accomplished the

                 task, the mission that this Legislature and

                 Governor Hugh Carey back in the 1970s asked it

                 to do.

                            The Love Canal area of Niagara

                 Falls today is a revitalized area.  It is a

                 neighborhood of 200-plus homes, 200-plus

                 families who live in a safe, clean place.

                            And the long-time executive

                 director of the Love Canal Revitalization

                 Agency, Frank Cornell, joins us here today for

                 this very historic moment, for the passage of

                 this bill, which will close down the Love

                 Canal environmental disaster and the agency

                 that saw Niagara Falls through that terrible

                 and tragic time forever.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Brown.

                            SENATOR BROWN:    Thank you, Mr.

                 President.

                            I just want to join Senator Maziarz

                 in --

                            ACTING PRESIDENT MARCELLINO:



                                                        3891



                 Senator Brown, are you speaking on the bill?

                            SENATOR BROWN:    Yes, I'm sorry,

                 on the bill, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Brown, on the bill.

                            SENATOR MAZIARZ:    I thought you

                 were standing up to ask me a question on a

                 bill that you are cosponsoring.  I didn't

                 understand that.

                            SENATOR BROWN:    No, Senator, I am

                 in full support of you.

                            SENATOR MAZIARZ:    I think it's

                 his turn to ask the --

                            ACTING PRESIDENT MARCELLINO:    You

                 guys want to be alone?

                            (Laughter.)

                            ACTING PRESIDENT MARCELLINO:

                 Senator Brown, on the bill, please.

                            SENATOR BROWN:    Thank you, Mr.

                 President.

                            I rise to speak on the bill, to

                 agree with Senator Maziarz that this is a

                 historic day in New York State as we witness

                 the Love Canal Revitalization Agency go out of

                 business.



                                                        3892



                            And the job has been done by the

                 revitalization agency.  Over $12 million put

                 back on the tax rolls.  As Senator Maziarz

                 said, over 236 families living in that area

                 again.

                            As we all know, it was a tremendous

                 environmental disaster in this state.  And

                 some 23 years later the job has been done, the

                 agency is closing.  And I too want to commend

                 Frank Cornell for the work that he and many

                 others have done to bring us to this point.

                            Thank you very much.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Schneiderman.

                            SENATOR SCHNEIDERMAN:    Thank you,

                 Mr. President.  On the bill.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Schneiderman, on the bill.

                            SENATOR SCHNEIDERMAN:    It is,

                 unfortunately, relatively rare that we get to

                 celebrate the completion of a successful

                 effort in the area of environmental cleanup.

                 And this certainly is not just successful, but

                 a historical effort.

                            I do think that it points up one of



                                                        3893



                 our gravest failings, however, as a

                 Legislature this year.  And I hope that in the

                 five legislative days that remain this session

                 we will turn our attention to all of the other

                 troubled sites around the state.

                            We still have a collapsed state

                 Superfund program.  We need to refinance it,

                 we need to deal with the issues related to the

                 relationship of Superfund, brownfields, oil

                 spill program.  We have bills that are not

                 that far apart.

                            And I would note that for the last

                 two years, from Commissioner Crotty, in

                 March 2001, published in the New York Times

                 several times in 2001 and 2002, we've heard of

                 site after site after site contaminated and

                 not being dealt with.

                            Let's take the lesson from the Love

                 Canal and try and do some work in the next

                 five days so that all of the other

                 contaminated sites in this state are not left,

                 as they are today, without any funds to

                 investigate and undertake new remediation

                 efforts.  That's a modest goal that I think we

                 can all join together on and achieve.



                                                        3894



                            And in celebration of good work

                 done, let's try and get some more work done in

                 the next five days.

                            Thank you.

                            ACTING PRESIDENT MARCELLINO:    Any

                 other Senator wishing to be heard on the bill?

                            Read the last section.

                            THE SECRETARY:    Section 2.  This

                 act shall take effect August 31st.

                            ACTING PRESIDENT MARCELLINO:

                 Call the roll.

                            (The Secretary called the roll.)

                            THE SECRETARY:    Ayes, 62.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            THE SECRETARY:    Calendar Number

                 1175, by Senator Bonacic, Senate Print

                 4759A --

                            SENATOR LIZ KRUEGER:

                 Explanation.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Bonacic, an explanation has been asked

                 for by Senator Krueger.

                            SENATOR BONACIC:    Thank you, Mr.

                 President.



                                                        3895



                            ACTING PRESIDENT MARCELLINO:

                 You're welcome.

                            SENATOR BONACIC:    This is an act

                 to amend the Social Services Law to require an

                 investigation of all reports of child abuse

                 made by a hospital or medical or law

                 enforcement personnel.

                            Many times calls will come in to

                 what we call a hotline and there is no formal

                 procedure as to whether or not that call gets

                 referred to Child Protective Services for an

                 investigation.

                            In 1998, there was a call made to

                 the hotline concerning a 3-year-old boy named

                 Christopher Gardner.  That call was never

                 kicked to Child Protective Services.  That boy

                 was eventually brutalized in a very torturous

                 way and murdered by his mother, the mother's

                 boyfriend, and another woman who is charged

                 with assault.

                            Had we had this law in place, we

                 might have saved that child and others.

                            What we're trying to do here is to

                 say there are respected professions, let's

                 call them mandated state reporters.  When a



                                                        3896



                 call comes in to that hotline from these

                 mandated reporters -- such as doctors, nurses,

                 podiatrists, social workers -- you'd better --

                 that's a red flag.  You don't have the

                 discretion.  We want you to kick it to Child

                 Protective Services to do an investigation

                 immediately in case any of those children

                 concerning the call are in harm's way.

                            That's the purpose of the bill.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Krueger.

                            SENATOR LIZ KRUEGER:    Thank you,

                 Mr. President.  Through you, if the sponsor

                 would yield to a question.

                            SENATOR BONACIC:    Certainly.

                            ACTING PRESIDENT MARCELLINO:    The

                 sponsor yields.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Senator Bonacic, I think this is an

                 excellent bill.  It highlights something that

                 we are all concerned about, ensuring that if a

                 child is at risk and a contact was made, that

                 government responds appropriately.

                            And I too believe that,

                 particularly with medical personnel and others



                                                        3897



                 working in a hospital facility, the thought

                 that a child goes into a hospital hurt,

                 somebody recognizes something, they make a

                 call and yet there's never an investigation

                 done, is a horror and should not be allowed to

                 continue.

                            But my question is, in your bill we

                 don't talk about any new money for child

                 welfare services.  I represent New York City.

                 We are in a situation where right now, as we

                 speak, in our city budget there are proposals

                 to cut the number of child welfare workers and

                 inspectors and people who do the follow-up on

                 abused children.

                            And so how do we go forward with

                 what I agree is a very good bill and a very

                 justified bill without providing funds to

                 localities to ensure that they have the staff

                 to increase the number of investigations that

                 this bill will require to be made?

                            SENATOR BONACIC:    First of all, I

                 think that last year there was about 320,000

                 calls to the hotline, of which about 150,000

                 triggered an investigation, about a third that

                 were legitimate.



                                                        3898



                            This bill says we're trying to do a

                 reform on that initial call to the hotline to

                 get it into Child Protective Services.  What

                 you're saying is we should be beefing up Child

                 Protective Services so we can make sure that

                 the 50,000 cases, if it's a repeat statistic

                 for this year, are investigated in a timely

                 manner.  That's what you're saying.

                            I don't disagree.  But, you know,

                 the budget process is what it is.  It's an

                 omnibus document.  It covers categories of

                 expenditures in so many areas.  But I would

                 join with you in an area, especially if the

                 demand is up for investigation, that there

                 should be more personnel to investigate.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Mr. President, briefly on the bill.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Krueger, on the bill.

                            SENATOR LIZ KRUEGER:    Thank you.

                            Well, as I've said, I think this is

                 a good bill.  And yet I don't believe that we

                 will have the money in certain localities to

                 follow through with the increased

                 investigations.



                                                        3899



                            So my concern is that absent that

                 money, what will happen is if there's a

                 mandate for an investigation by every call

                 triggered from a hospital, what we will see --

                 and I know it is not the intent of this

                 legislation -- we will see a decrease in

                 responsive investigations for people who make

                 calls who are not in hospital settings.

                            So that the teacher who may see

                 something in the classroom for a child and yet

                 it hasn't risen to the level where that child

                 ends up in an emergency room, or the neighbor

                 who believes that they have witnessed abuse of

                 a child who makes a call but is not a

                 mandatory reporter, will fall lower on the

                 scale, again, perhaps earlier in the process.

                            So I fear -- while I will vote for

                 this bill, I fear that without adequate

                 resources invested by the State of New York

                 into expansion of our child welfare system,

                 one of the outcomes not intended by this

                 legislation, but one of the outcomes may be

                 that while we get a greater response of

                 immediate investigations for children whose

                 abuse are reported through a hospital setting,



                                                        3900



                 that children who might have been helped in an

                 earlier-stage situation out in community or in

                 school settings, won't get the response at all

                 because there won't be any workers to do those

                 kinds of investigations.

                            And so we will have moved the

                 problem along to a worst-case scenario when

                 perhaps, if we'd had the adequate resources to

                 do the investigations, we could have caught

                 some of this abuse much earlier in the process

                 than when they walk into or are taken into an

                 emergency room in such bad condition that

                 doctors and nurses and social workers are

                 calling.

                            So I will support the bill, but

                 with the great hesitation that unless we

                 invest in these programs that we are passing

                 into law, unless we address the problem of

                 unfunded mandates -- because that's what this

                 bill is -- that we actually end up doing harm

                 on one end by trying to help on another.

                            Thank you, Mr. President.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Montgomery, why do you rise?

                            SENATOR MONTGOMERY:    Yes, Mr.



                                                        3901



                 President, I would like to make comments on

                 the legislation.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Montgomery, on the bill.

                            SENATOR MONTGOMERY:    Yes.  Mr.

                 President, this bill is -- I want to say that

                 I also am concerned about the issues raised

                 around who is going to pay for the increased

                 financial burden.

                            But in addition to that, I would

                 just like to compliment Senator Bonacic on two

                 things.  One, the process.

                            We discussed the legislation in our

                 committee, and our committee chair agreed

                 there were some legitimate issues raised with

                 the language.  Senator Bonacic accepted the

                 comments and sought to make changes in his

                 bill to accommodate the language, essentially

                 tightening it up so that it wasn't -- it did

                 not seem to open it up to any and every person

                 involved with any hospital.

                            And I want to say that I really

                 appreciate that.  I think that's the way that

                 our -- when I first came to this Legislature,

                 that's the way we worked together.  And I am



                                                        3902



                 happy to see that it's happening, because I

                 think that's the way our body should work.  So

                 I really appreciate that.

                            The second thing that I want to say

                 is that in this -- with this legislation,

                 Senator Bonacic seeks to create a stronger

                 communication and a more efficient response to

                 issues raised regarding child abuse and

                 neglect cases.  And that's extremely

                 important.

                            I only wish that we could do the

                 same thing on that -- hopefully, Senator

                 Bonacic might consider discussing the

                 possibility of doing this with other agencies

                 that involve themselves with issues related

                 specifically to child abuse and family --

                 dysfunctional families and their problems.

                            Because one of the things that's

                 always raised when I talk to child welfare

                 organizations in my district is that because

                 of a lack of communication, so many children

                 fall through the cracks.  And if there were a

                 closer working relationship between agencies

                 responsible at the government level and those

                 community agencies that are responsible on the



                                                        3903



                 front-line level, we could save a lot more

                 families and prevent a lot more total

                 breakdown in terms of child abuse, foster

                 care, and et cetera.

                            So this is going in the right

                 direction.  I certainly support it.  And as I

                 said, Mr. President, the process I thought led

                 to a much better bill.  And hopefully we can

                 continue to work with Senator Bonacic on other

                 legislation that seeks to do similarly what

                 his bill is doing today.

                            I'm certainly supporting this bill.

                 Thank you.

                            ACTING PRESIDENT MARCELLINO:

                 Thank you, Senator.

                            Any other Senator wishing to be

                 heard on the bill?

                            Seeing none, read the last section.

                            THE SECRETARY:    Section 3.  This

                 act shall take effect on the 120th day.

                            ACTING PRESIDENT MARCELLINO:

                 Senator Bonacic, to explain his vote.

                            SENATOR BONACIC:    I just want to

                 publicly thank Senator Montgomery.  This is a

                 better bill than we first proposed as a result



                                                        3904



                 of Senator Montgomery's recommendations.  And

                 we took those recommendations, we put them in

                 amendment format, and it's much tighter, it's

                 clearer, and I thank you, Senator, for your

                 help on this particular bill.

                            But the other message I'd like to

                 mention to you, this bill has passed since

                 1996 through 2000.  The votes in 1999 and 2000

                 much 58 to 0, 59 to 0.  We can't get the

                 Assembly even to let it out of their

                 committee.

                            There's something wrong when this

                 house, in a bipartisan way, can agree

                 unanimously that there is -- there are

                 children falling through the cracks and we can

                 try to make it better.  And for that committee

                 not to take it up, not to put it, you know,

                 through the committee and to the floor,

                 something is radically wrong.

                            And I'm not naming individuals.

                 But I would just ask my colleagues, when you

                 talk to your colleagues in the other house,

                 this might be a subject you might want to

                 mention.

                            Thank you, Mr. President.



                                                        3905



                            ACTING PRESIDENT MARCELLINO:

                 Senator Bonacic will be recorded in the

                 affirmative.

                            Announce the results.

                            THE SECRETARY:    Ayes, 62.

                            ACTING PRESIDENT MARCELLINO:    The

                 bill is passed.

                            Senator Kuhl, that finishes the

                 calendar.

                            And we'd like to return to

                 housekeeping.  We have some motions.

                            SENATOR KUHL:    Could we go to the

                 order of motions and resolutions.  And I think

                 there's a couple of amendments that need to be

                 made.

                            Would you recognize Senator

                 Fuschillo.

                            ACTING PRESIDENT MARCELLINO:    We

                 will return to the order of motions and

                 resolutions.

                            Senator Fuschillo.

                            SENATOR FUSCHILLO:    Mr.

                 President, on behalf of Senator Marcellino, on

                 page number 46 I offer the following

                 amendments to Calendar Number 1034, Senate



                                                        3906



                 Print Number 3060A, and ask that said bill

                 retain its place on Third Reading Calendar.

                            ACTING PRESIDENT MARCELLINO:    The

                 amendments will be accepted, and the bill will

                 retain its place on the Third Reading

                 Calendar.

                            SENATOR FUSCHILLO:    Thank you,

                 Mr. President.

                            On behalf of Senator Nozzolio, on

                 page number 50 I offer the following

                 amendments to Calendar Number 1156, Senate

                 Print Number 5312, and ask that said bill

                 retain its place on Third Reading Calendar.

                            ACTING PRESIDENT MARCELLINO:    The

                 amendments will be accepted, and the bill will

                 retain its place on the Third Reading

                 Calendar.

                            SENATOR FUSCHILLO:    Thank you.

                            ACTING PRESIDENT McGEE:    Senator

                 Kuhl.

                            SENATOR KUHL:    Yes, Madam

                 President.  There being no further business to

                 come before the Senate today, I move we stand

                 adjourned until tomorrow, June 12th, at

                 10:00 a.m.



                                                        3907



                            ACTING PRESIDENT McGEE:    On

                 motion, the Senate stands adjourned until

                 Thursday, June 12th, at 10:00 a.m.

                            (Whereupon, at 4:40 p.m., the

                 Senate adjourned.)